HomeMy WebLinkAboutContract 49189 6g 7 89 CITY
ARY
CONTRACT NO. q 1 I
REEMENT BETWEEN THE CITY OF FORT WORTH AND
GREGORY BECK FOR COMMISSION OF
a�� c��pSGQ�CP� PUBLIC ART FOR EAST DIVISION POLICE STATION
T ' cement, entered into this day of U� 2017 by and
qJ 0�ate ce City of Fort Worth, a home-rule municipal corporation of the State of Texas, acting by and
through Fernando Costa, its duly authorized Assistant City Manager, and Gregory Beck, an individual,
residing at 4721 Staples Avenue,Fort Worth, TX 76133. The 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 project 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, funding for a public art project at or near the intersection of Dallas Avenue and East
Lancaster Avenue was included in the Public Art Plan for the 2004 Capital Improvement Program, adopted
by the Fort Worth City Council on May 17, 2005 as M&C G-14801);
WHEREAS,artist Jack Mackie's 2009 East Lancaster Public Art Plan recommended that a North
Texas artist be selected to create an artwork at the Fort Worth Police Department's East Division Police
Station;
WHEREAS, the project is included in the Fort Worth Public Art Fiscal Year 2017 Annual Work-
Plan,
orkPlan, adopted by the Fort Worth City Council on October 25, 2016, (M&C G-18667);
WHEREAS,the Contract Manager conducted a competitive process for artist selection,which was
overseen by the Fort Worth Art Commission (FWAC), for design and commission of an artwork for the
Site and on April 13, 2015, the FWAC approved the Selection Panel's recommendation of Gregory Beck
for the project, and recommended that the Artist be retained for design of an artwork for the Site based on
his proposal;
WHEREAS, on August 13, 2015, the City and Artist made and entered into City Secretary
Contract No. 46927,to develop a preliminary and a final design for artwork at the Site("Agreement");
WHEREAS,on September 12,2016,the FWAC approved his Preliminary Design and on February
13,2017, approved his Final Design;
WHEREAS,Artist's work shall be based on the Approved Final Design,titled Pieces of Yesterday,
Today, and Tomorrow, composed of colorful, painted, large-scale aluminum jigsaw puzzle-shaped
elements, featuring images of current-day community members along with historic events and places that
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CITY SECRETARY
STs woR'rMon
capture the distinct personality of East Fort Worth,which will wrap around the northwest corner of the East
Division Police Station at Weiler Boulevard and East Lancaster Avenue;
WHEREAS,City and Artist wish to set out the terms and conditions under which said Work shall
be fabricated, delivered, and installed at the Site.
NOW, THEREFORE, City and Artist for and in consideration of the covenants and agreements
hereinafter set forth,the sufficiency of which is hereby acknowledged,agree as follows:
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 and Artist for Final
Design of Public Art for the Site.
1.2. Artist—Means and includes Gregory Beck.
1.3. Artwork Design—Means the final,City-approved revised design of the Work for the Site
created in connection with the Preliminary and Final Design Contract (City Secretary # 46927) and
includes, but is not limited to, all final City-approved maquettes, drawings, sketches, prototypes, models
and the like that were created by Artist in connection with the Preliminary and Final Design Contract(City
Secretary#46927).The design and description are attached hereto as Exhibit"A"and incorporated herein
for all purposes.
1.4. Contract Manager — Means and includes the Arts Council of Fort Worth and Tarrant
County,Inc.,ara/or its officers, directors,or 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. Final Acceptance- Means City's written acknowledgement to Artist that all services for
fabrication,delivery,and installation of the Work have been completed in accordance with the terms of this
Agreement.
1.8. Parties—Means and includes City and Artist.
1.9. Preliminary and Final Design Contract—Means and includes Fort Worth City Secretary
Contract Number 46927, FOR PRELIMINARY AND FINAL DESIGN OF PUBLIC ART FOR EAST
DIVISION POLICE STATION.
1.10. Project — Means and includes the capital improvement or public art development
undertaking of City for which Artist's services are to be provided pursuant to this Agreement.
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1.11. Project Stakeholders—Means and includes the appropriate City Council Member(s), and
their appointed community representatives and the Fort Worth Art Commission's appointed representative
and others as may be appropriate.
1.12. Schedule-Means and includes a written plan of procedure for completion of fabrication,
delivery, and installation of the Work, including, but not limited to,the submission of progress reports.
1.13. Site —Means and includes the north and west facing exterior walls of the East Division
Police Station located at the intersection of Dallas Avenue,East Lancaster Avenue and Weiler Boulevard,
which is more particularly described in Exhibit`B," attached hereto and incorporated herein by reference
for all purposes.
1.14. Work—Means and includes the finished object(s)of art and design that are the subject of
this Agreement, or any intermediary stage of completion of such work, which specifically includes the
Artwork Design.
ARTICLE 2
SCOPE OF SERVICES AND DELIVERABLES
2.1. Artist Selection.
City and Artist acknowledge that Artist's Final Design was reviewed and approved by the FWAC on
February 13,2017, and is the basis for executing this Agreement with Artist.
2.2. Scope of Services.
a. Artist shall perform all services and shall furnish all supplies,materials,and equipment as necessary
for fabricating, delivering, and installing the Work at the Site. Services shall be performed in a
professional manner and in strict compliance with all terms and conditions in this Agreement.
b. Artist shall determine the artistic expression,scope,design,color, size,material,and texture of the
Work, subject to review and acceptance by City as set forth in this Agreement.The location at the
Site where the Work shall be installed shall be mutually agreed upon by City and Artist.
c. Artist, upon request of Contract Manager, shall provide information and/or attend meetings with
appropriate City staff for purposes of risk assessment, safety review, sighting of the Work, and
permitting.
d. Artist shall meet and coordinate with City staff and others,as necessary,to integrate the Work into
the Site in terms of structural support for the Work.
e. Upon request of City,Artist shall consult with a qualified art conservator and shall provide written
maintenance recommendations for the Work from said conservator to the Contract Manager.
f. Artist shall participate in one public education event in Fort Worth at a mutually agreed upon date
and time.
g. Artist shall install the work on dates and times mutually agreed upon by Artist and City.
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2.3. City Assistance.
Upon request by Artist, City shall promptly furnish all information and materials required by Artist to the
extent that such materials are available. City, upon request by Artist, shall also provide correct scaled
drawings of the Site, if available.
2.4. Execution of Work.
a. Artist shall furnish the Schedule to the Contract Manager within fifteen(15)business days after the
Effective Date. After written approval of the Schedule by City,Artist shall fabricate, deliver, and
install the Work in accordance with such Schedule. Schedule changes may be accomplished by
written agreement between Artist and City.
b. City and/or Contract Manager,upon written request,shall have the right to review the Work during
its fabrication and/or request visual documentation of the fabrication. Artist shall, upon written
request by the City and/or Contract Manager, provide a written progress report detailing the
progress made toward completion of the Work and the remainder of work to be done to complete
the Work.Artist shall comply with any request made by the City and/or Contract Manager pursuant
to this Article 2.4 within thirty(30)calendar days after receipt of the written request.
C. Artist shall complete the fabrication of the Work in accordance with the Artwork Design. Artist
shall present to the Contract Manager, in writing, for further review and approval, any changes in
the scope, design, color, size, material, or texture of the Work. The Contract Manager, in its
discretion, shall determine whether the changes are significant and whether the changes conform
to the Artwork Design.If the Contract Manager, in its sole discretion, determines that the changes
are significant and do not conform with the Artwork Design, then the Contract Manager shall, in
light of the Artwork Design,determine whether a significant change requires City approval. If the
Contract Manager determines that the significant change requires City approval,then the change(s)
may be presented to the FWAC for review and approval at a regularly scheduled or special meeting
of the FWAC.If any disputes arise thereafter,the Parties shall first attempt to resolve those disputes
in accordance with the dispute resolution process set forth in Article 12 of this Agreement.
2.5. Delivery and Installation.
a. Artist shall notify City, through its Contract Manager, in writing when fabrication of the Work is
completed and is ready for its delivery and installation at the Site.
b. Artist shall be responsible for obtaining and paying for all necessary permits for this Project.
C. Artist is responsible for installing all elements of the Work.Artist shall coordinate the installation
of the Work with City and Contract Manager. Delivery and installation activities may not
commence until written permission is delivered to Artist by the City.
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d. Artist shall be responsible for all costs associated with the materials, fabrication, and installation
of the Work,including,but not limited to,equipment rentals,transportation, and labor.
e. Should Artist complete the Work in advance of the Site being ready to accept the Work,Artist shall
store the Work at no expense to City until such a time as the Contract Manager notifies Artist that
installation may commence.
f. Artist, individually and through its subcontractors, including its fabricator and/or installer, shall
take all necessary precautions to protect and preserve the integrity and finish of the Site while
delivering and installing the Work. If City determines, in its sole discretion,that Artist or Artist's
subcontractors have damaged the Site, then City shall inform Artist, in writing, of the damage.
Artist, at his/her own expense, shall have thirty (30) days from receipt of City's written notice to
repair the damage to the Site to the satisfaction of City. If Artist fails to repair the damages to the
satisfaction of City within thirty (30) days after receipt of the notice, or within the deadline
otherwise agreed to by the parties,then City shall have the right to deduct the cost of repairs from
any remaining payment due to Artist under this Agreement, which shall be in addition to any and
all other rights and remedies available to City at law or in equity.
g. Upon City's request, prior to installation of the Work, Artist shall consult with a qualified art
conservator and provide to Contract Manager written instructions for appropriate maintenance and
preservation of the Work on the form attached hereto as Exhibit "C" (Technical and Maintenance
Record). The appropriate maintenance and preservation instructions shall not be substantially
different from the maintenance and preservation anticipated and conveyed to City for the Work in
the final design phase for the Work.
2.6. Post-installation.
a. Within thirty (30) days after the installation of the Work, Artist shall furnish Contract
Manager with a set of at least seven (7) high-resolution digital images (.tiff format) and
seven(7)low-resolution digital images(.jpeg format)showing the Work from at least two
vantage points, including detail shots, with at least three (3) of these images showing the
Work installed, as selected by Contract Manager,to document the Work after the Work is
installed.
b. Artist shall make his/her best effort to be available at such time(s) as may be set by the City to
attend any inauguration or presentation ceremonies relating to the transfer of the Work to City.
City shall use its best efforts to arrange for publicity for the completed Work in such art publications
and otherwise as may be determined between City and Artist as soon as practicable following
installation.
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C. For the duration of the Agreement, if Artist intends to seek its own publicity for the Work, such
efforts and/or press releases must be approved, in advance,by City.
2.7. Final Acceptance.
a. Artist shall notify City and Contract Manager,in writing,when all services for fabrication,delivery,
and installation of the Work have been completed in accordance with the terms of this Agreement.
Included in such notice from Artist shall be an affidavit,attached hereto as Exhibit"D"(Affidavit),
certifying that all bills relating to services or supplies used in the performance of this Agreement
have been paid.
b. City shall notify Artist in writing of its Final Acceptance of the Work.
C. Final Acceptance shall be effective as of the earlier to occur of(1)the date of City's notification of
Final Acceptance; or(2)the 35th day after Artist has sent the written notice to City required under
this Section 2.7, unless City, upon receipt of such notice and prior to the expiration of the 35-day
period,gives Artist written notice specifying and describing anything that has not been completed
pursuant to this Agreement.
2.8. Risk of Loss.
The risk of loss or damage to the Work shall be borne by Artist prior to Final Acceptance, and Artist shall
take such measures as are necessary to protect the Work from loss or damage until Final Acceptance,
including,but not limited to,the purchase of property loss insurance, except that the risk of loss or damage
shall be borne by City prior to Final Acceptance during such periods of time as the partially or wholly
completed Work is in the custody, control or supervision of City or its agents for the purposes of moving,
storing,or performing any other ancillary services to the Work.
ARTICLE 3
COMPENSATION AND PAYMENT SCHEDULE
3.1. Compensation.
Total compensation to Artist under the Agreement shall be in an amount of THIRTY-NINE THOUSAND
TWO HUNDRED FOURTEEN DOLLARS AND NO CENTS ($39,214.00), which shall constitute full
compensation for all services to be performed and materials to be furnished by Artist under this Agreement,
including, but not limited to, fabrication, transportation, installation, remaining Artist's fee of$1,687.50,
insurance, incidental costs, all travel expenses, contingency and any other costs associated with the Work.
The Parties may amend this Agreement to allow for additional payment if additional services are required
and funding is available.
3.2. Payment Schedule.
City agrees to pay Artist in the following installments set forth below,each installment to represent full and
final,non-refundable payment for all services and materials provided prior to the due date thereof:
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a. TEN THOUSAND DOLLARS AND NO CENTS($10,000.00)upon execution of this Agreement.
b. TEN THOUSAND DOLLARS AND NO CENTS ($10,000.00) upon Contract Manager's
verification of 50%fabrication.
C. TEN THOUSAND DOLLARS AND NO CENTS ($10,000.00) upon Contract Manager's
verification that the Work is ready to install.
d. NINE THOUSAND, TWO HUNDRED FOURTEEN DOLLARS AND NO CENTS ($9,214.00)
within thirty-five (35) days after Final Acceptance and receipt by City of such documentation it
may require concerning payment of services and supplies rendered to Artist(see Article 2.7).
3.3. Sales Taxes.
City is a tax-exempt organization and no state or local sales taxes or federal excise taxes shall be due upon
the Work. City shall supply Artist with the "Texas Certificate of Exemption," in substantially the same
form as that attached hereto as Exhibit"E"for use by Artist in the fulfillment of this Agreement.
3.4. 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 TIME OF PERFORMANCE
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. Duration.
The services to be required of Artist set forth in Article 2 shall be completed in accordance with the
Schedule; provided, however, such time limits may be extended or otherwise modified by written
agreement between Artist and City.
4.3. Early Completion of Artist Services.
Artist shall bear any transportation and storage charges incurred from the completion of his or her services
prior to the time provided in the schedule for delivery. Such expenses will not be considered a contingency
expense payable under this Agreement.
4.4. Time Extensions;Force Majeure.
City or Artist, as appropriate, shall grant a reasonable extension of time to the other party if conditions
beyond the parties'control or Acts of God,flood,riot,civil insurrection, labor strikes,or orders of local or
federal government render timely performance of the parties' services impossible or unexpectedly
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burdensome. The party suffering the impossibility or burdensome conditions must inform the other in
writing within ten (10) 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.
ARTICLE 5
WARRANTIES
5.1. Warranties of Title and Copyright.
a. Artist represents and warrants that:
i. Artwork Design and Work shall be the original product of Artist's sole creative efforts.
ii. Artwork Design and Work are and will be unique and original, and do not infringe upon
any copyright or the rights of any person or entity;
iii. Artwork Design and Work(or duplicate thereof)have not been accepted for sale elsewhere;
iv. Artist has not sold, assigned, transferred, licensed, granted, encumbered, or utilized the
Artwork Designs or Work or any element thereof or any copyright related thereto that may
affect or impair the rights granted pursuant to this Agreement;
V. Artwork Designs and Work are free and clear of any liens from any source whatsoever;
vi. Artist has the full legal power and authority to enter into and perform this Agreement and
to make the grant of rights, including, but not limited to, all rights pertaining to
copyrigit, contained in this Agreement; and
vii. All services performed hereunder shall be performed in accordance with all applicable
laws,regulations,ordinances,etc.,and with all necessary care, skill, and diligence.
5.2. Warranties of Quality and Condition.
a. Artist represents and warrants that all work will be performed in accordance with professional
"workmanlike"standards and free from defective or inferior materials and workmanship(including
any defects consisting of"inherent vice," or qualities that cause or accelerate deterioration of the
Work)for one year after the date of Final Acceptance.
b. Artist represents and warrants that the Work and the materials used are not currently known to be
harmful to public health and safety.
C. If,within one year after Final Acceptance, City observes any breach of warranty described in this
Article 5.2 that is curable by Artist, City shall give written notice to Artist of such breach with
reasonable promptness. Artist shall, at the request of City, cure the breach satisfactorily and
consistent with professional conservation standards (in accordance with the American Institute of
Conservation (AIC) Code of Ethics and Guidelines for Practice) and/or construction standards,
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including,but not limited to,any standards set forth by City,within thirty (30)days after receipt of
the written notice, at no expense to City.
d. If, within one year after Final Acceptance, City observes any breach of warranty described in this
Article 5.2 that is not curable by Artist, Artist is responsible for reimbursing City for damages,
expenses, and losses incurred by City as a result of the breach. However, if Artist disclosed the
risk of this breach in the proposal and City accepted that it may occur, it shall not be deemed a
breach for purposes of this Article 5.2.
e. If, after one year from Final Acceptance, City observes any breach of warranty described in this
Article 5.2 that is curable by Artist, City shall give written notice to Artist to make or supervise
repairs or restorations at a reasonable fee during Artist's lifetime. Artist shall notify City, in
writing,within thirty(30)days after receipt of the notice as to whether Artist will make or supervise
the repairs or restorations. Should Artist fail to respond within the thirty-day (30) deadline or be
unwilling to accept reasonable compensation under the industry standard, City may seek the
services of a qualified restorative conservator and maintenance expert.
£ Acceptable Standard of Display. Artist represents and warrants that:
i. General routine cleaning and repair of the Work and any associated working parts and/or
equipment will maintain the Work within an acceptable standard of public display.
ii. Foreseeable exposure to the elements and general wear and tear will cause the Work to
experience only minor repairable damages and will not cause the Work to fall below an
acceptable standard of public display.
iii. With general routine cleaning and repair, and within the context of foreseeable exposure
to the elements and general wear and tear, the Work will not experience irreparable
conditions that do not fall within an acceptable standard of public display, including, but
not limited to,mold,rust,fracturing, staining, chipping,tearing,abrading, and/or peeling.
iv. Manufacturer's Warranties. To the extent the Work incorporates products covered by a
manufacturer's warranty,Artist shall provide copies of such warranties to City.
g. The foregoing warranties are conditional,and shall be voided by the failure of City to maintain the
Work in accordance with Artist's specifications and the applicable conservation standards. If City
fails to maintain the Work in good condition, Artist, in addition to other rights or remedies Artist
may have in equity or at law,shall have the right to disown the Work as Artist's creation and request
that all credits be removed from the Work and reproductions thereof until the Work's condition is
satisfactorily repaired.
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ARTICLE 6
INSURANCE INDEMNITY AND RELEASE
6.1. General.
Artist shall carry insurance as set out in Exhibit 7,"which is attached hereto and incorporated herein for
all purposes. Evidence of required insurance shall be submitted to the Contract Manager upon execution of
this Agreement and prior to the City being obligated to make payments as outlined in Article 3.2.Evidence
of subsequent renewals of said insurance is required until City has taken possession of the Work. Except
as provided in Section 2.8 hereof, the risk of damage to or loss of the Work shall, during fabrication and
installation but prior to Final Acceptance, shall be solely that of Artist. This risk shall transfer to City and
shall no longer be the responsibility of Artist upon Final Acceptance.
6.2. Performance Bonds.
Artist shall not be required by City to post any performance bonds or similar undertakings.
6.3. GeneralIndemnity.
a. 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 LBVIITED 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 OMISSIONS OF ARTIST AND/OR ARTIST'S SUBARTIST AND
CONTRACTORS AND THEIR RESPECTIVE OFFICERS, AGENTS, EMPLOYEES,
DIRECTORS, MEMBERS, PARTNERS, AND REPRESENTATIVES IN CONNECTION
WITH THE EXECUTION, PERFORMANCE, ATTEMPTED PERFORMANCE, OR
NONPERFORMANCE OF THIS AGREEMENT.
b. Artist agrees to and shall release City from any and all liability for injury,death,damage,or loss to
persons or property sustained or caused by Artist in connection with or incidental to performance
under this Agreement.
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C. Artist shall require all of its subcontractors to include in their subcontracts a release and indemnity
in favor of City in substantially the same form as above.
6.4. 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 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 WORKS 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.
Title to the Work, including,but not limited to,all documents, models, and drawings that constitute or are
components of the Artwork Design and/or Work shall pass to City upon Final Acceptance and payment for
the Work. These documents, models, and drawings will be retained for archival and exhibition purposes.
Artist's Artwork Design and Work and all other work products under this Agreement shall become the
property of City, without restriction on future use,except as provided below.
7.2. Copyright Ownership.
Artist retains all rights under the Copyright Act of 1976, 17 U.S.C. Section 101 et seq., as the sole author
of the Work for the duration of the copyright.
7.3. Reproduction Rights.
a. In view of the intention that the Artwork Design and the Work be unique,Artist shall not make any
additional exact duplicate reproductions of the Artwork Design or the Work, nor shall Artist grant
permission to others to do so except with the express written permission of City. However,nothing
herein shall prevent Artist from creating future artworks in Artist's manner and style of artistic
expression.
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b. By execution of this Agreement, Artist grants to City an exclusive, perpetual, royalty free, and
irrevocable license to graphically depict and publicly display the Artwork Design and Work for
any non-commercial purpose whatsoever.For purposes of this limitation,any graphic depiction or
display of the Artwork Designs or the Work intended to promote or benefit City,its public services
or its public purposes,regardless of whether or not a fee is charged to the public,or whether revenue
is otherwise received by City, shall be deemed a non-commercial purpose. Notwithstanding the
above limitation, Artist agrees and understands that nothing in this paragraph shall affect or limit
City's absolute,unrestricted rights incidental to City's full ownership of the Work to alter,change,
modify, destroy, remove, move, replace, operate, maintain, transport, sell or transfer, in whole or
in part,the Work when City deems it necessary within its discretion,in order to otherwise exercise
City's powers and responsibility in regard to public works and improvements, in furtherance of
City's operations or for any other reason.
C. All reproductions by City shall contain a credit to Artist and a copyright notice substantially in the
following form: "(D date,Artist's name."
d. Unless notified otherwise by City, Artist shall use Artist's best efforts in any public showing or
resume use of reproductions to give acknowledgment to City in substantially the following form:
"an original artwork commissioned by and in the public art collection of the City of Fort Worth,
Texas."
e. Artist may,at Artist's expense,cause to be registered with the United States Register of Copyrights,
a copyright in the Work in Artist's name.
f. City is not responsible for any third-party infringement of Artist's copyright and not responsible
for protecting the intellectual property rights of Artist.
ARTICLE 8
ARTIST'S RIGHTS
8.1. Identification.
Contract Manager shall include credit to Artist on the Fort Worth Public Art website(www.fwpublicart.oriz)
and facilitate the design,purchase and installation of a permanent plaque at the site.
8.2. Maintenance.
City recognizes that maintenance of the Work on a regular basis is essential to the integrity of the Work.
City shall reasonably assure that the Work is properly maintained and protected,taking into account the
maintenance instructions provided by Artist in accordance with Section 2.5 and Exhibit"C."
8.3. Repairs and Restoration.
a. City shall have the right to determine when and if repairs and restorations to the Work will be made.
During Artist's lifetime and to the extent practicable, City shall give Artist the right to approve all
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major repairs and restorations;provided,however,Artist shall not unreasonably withhold approval
for any repair or restoration of the Work. Should Artist unreasonably withhold approval of any
intended repair or restoration, City shall have the right to make such repair or restoration. To the
extent practicable, Artist, during Artist's lifetime, 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, provided that City and Artist shall agree, in writing, prior to commencement of any
significant repairs and restorations, upon Artist's fee for such services. Should Artist fail to agree
to make or supervise the repairs and restorations,City shall have the right to choose another entity
or person to assist with the restoration and/or repairs or make said repairs by City.
b. All repairs and restorations shall be made in accordance with recognized conservation standards
(in accordance with the American Institute of Conservation(AIC) Code of Ethics and Guidelines
for Practice)and/or construction standards,including,but not limited to,any standards set forth by
City.
C. City may require Artist to submit professional documents supporting Artist's proposal for repairs
and restorations prior to commencement of repairs or restorations.
d. When emergency repairs are necessary to prevent the loss of or further damage to the Work or to
prevent risks to the public, such repairs shall be undertaken or arranged by City without advance
notice to Artist, and such repairs shall not be deemed to constitute artistic alteration.
8.4. Alteration of the Work or of the Site.
a. In the event that the Work is incorporated into a building,structure or realty,the installation of the
Work may subject it to destruction, distortion, mutilation or other modification by reason of its
removal. If removal of the Work would damage either the Work or the Site, City shall have the
right to remove the Work by any means,including destruction, in performing maintenance,repair,
renovation,or reconstruction of the building,structure or in devoting realty to a new use. City will
make a reasonable effort to give Artist written notice of its intent to take such action under this
paragraph.
b. In the event that the Work is freestanding, or incorporated into a building, structure or realty such
that it may be removed without damaging or destroying the Work or the building or structure,City
will make a reasonable effort to give the Artist written notice and ninety (90) days to remove the
Work at his or her sole expense. Upon Artist's failure to remove the Work, City shall have the
right to remove and dispose of the Work by any means,including its destruction.If upon the City's
invitation the Artist removes the Work at his cost, ownership of the Work transfers from the City
to the Artist.
Agreement for Commission of Public Artwork with Gregory Beek 13 of 31
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C. City agrees that it will not willfully destroy, damage, or modify the work, except as provided in
paragraphs a. and b. above.
d. In the event the Work is substantially damaged or altered, City shall no longer represent the Work
as that of Artist if Artist gives written notice to City that it is the position of Artist to deny authorship
on the grounds stated in this paragraph.
e. City shall, at all times, have the right to move the Work, or remove it from public display. City
shall also have the right to sell or trade the Work.
8.5. Permanent Record.
City shall maintain on permanent file a record of this Agreement and of the location and disposition of the
Work.
8.6. Artist's Address.
Artist shall notify City of changes in the address set forth in Article 15, as required by Article 14.12 of this
Agreement. The failure to do so,if such failure prevents City from locating Artist,shall be deemed a waiver
by Artist of the right subsequently to enforce these provisions of Article 8 that require the express approval
of Artist. Notwithstanding this provision, City shall make every reasonable effort to locate Artist when
matters arise relating to Artist's rights.
8.7. Additional Rights and Remedies.
Nothing contained in this Article 8 shall be construed as a limitation on such other rights and remedies
available to Artist under the law,which may now or in the future be applicable.
ARTICLE 9
ARTIST AS AN 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, employees, and subcontractors. Nothing
herein shall be construed as creating a partnership or joint venture between City and Artist,his/her officers,
agents, employees and subcontractors, and doctrine of respondeat superior has no application as between
City and Artist.
ARTICLE 10
SUBCONTRACTING
Artist may subcontract portions of the services to be provided hereunder at Artist's expense, provided that
said subcontracting shall not adversely affect the design,appearance,or visual quality of the Work and shall
be carried out under the personal supervision of Artist.Any subcontract entered into under this Agreement
shall be expressly subject to the applicable terms of this Agreement, including, but not limited to, all
indemnification and release provisions. Artist shall provide information regarding all subcontractors,
Agreement for Commission of Public Artwork with Gregory Beck 14 of 31
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including its fabricator, along with a copy of the subcontract between Artist and each subcontractor to the
Contract Manager.
ARTICLE 11
TERMINATION
11.1. 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. In the event this
Agreement is canceled by the City, pursuant to this Article 11.1, City shall be entitled, in addition to any
other rights and remedies, to recover from Artist a sum equal in amount to the cost incurred by Artist in
providing such gratuities.
11.2. Death or Incapacity of Artist.
a. In the event that Artist becomes incapable, legally or otherwise, of performing its duties and/or
obligations under this Agreement,City shall have the right to terminate this Agreement on payment
to Artist or Artist's successors for all work and services performed prior to incapacity. All work
product produced by Artist, including, but not limited to, finished and unfinished drawings,
sketches, photographs, models, and designs, up to the effective date of termination shall become
property of City.
b. In the event of termination under this Article 11.2,City shall have the right to com^lete the Work,
if feasible. Due regard shall be made for Artist's intended results and proper credit and
acknowledgement shall be given to Artist.
11.3. Termination for Convenience.
a. 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.
b. If the termination is for the convenience of City, City shall pay Artist pursuant to the payment
provisions in Article 3,and Artist shall continue to provide the City with services requested by City
and in accordance with this Agreement up to the effective date of termination. Upon payment in
full of all monies due for services provided up to the effective date of termination, City shall have
the right, in its sole discretion, to possession and transfer of all work product produced by Artist
under this Agreement, including, but not limited to, finished and unfinished drawings, sketches,
photographs,models,designs and the Work up to the effective date of termination.
C. If termination is for the convenience of Artist,City shall have the right,in its sole discretion,to pay
Artist pursuant to the payment provision in Article 3 or require the Artist to remit to City a sum
Agreement for Commission of Public Artwork with Gregory Beck 15 of 31
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equal to all payments (if any) made to the Artist pursuant to this Agreement prior to the effective
date of termination. If City chooses to pay Artist,then all work product produced by Artist under
this Agreement, including, but not limited to, finished and unfinished drawings, sketches,
photographs, models, designs, the Work up to the effective date of termination shall become
property of City.
11.4. Termination for Cause.
a. 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 11.4 in accordance with the dispute resolution process set forth in Article 12 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 11.4 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.
b. If City terminates this Agreement pursuant to this Article 11.4, then City shall have the right to
complete the Work in accordance with the Artwork Design, which shall be in addition to any and
all other rights and remedies available to City at law or in equity. If City exercises its right to
complete the Work,then,notwithstanding anything to the contrary:
(1) title to the Artwork Design, Work, and all other work product under this Agreement
and any prior agreement for the Work,including,but not limited to,all documents,models,
and drawings that constitute or are components of the Artwork Design and Work, shall
pass to City and become the property of City,without restriction on future use,immediately
upon the City's exercise of its right to complete the Work;
(2)Artist shall forfeit any and all rights to the Artwork Design, Work, and all other work
product under this Agreement and/or any prior agreement for the Work, including,but not
limited to, those stated under Articles 7 (Ownership and Intellectual Property Rights) and
8 (Artist's Rights)of this Agreement;
(3) Artist automatically sells, assigns, and transfers to City, the entire right, title, and
interest in and to the Artwork Design, Work, and all other work product under this
Agreement or any prior agreement for the Work that the Artist has under the Copyright Act
of 1976, 17 U.S.C. SS 101 et. seq., and all the rights and privileges appertaining thereto,
including, without limitation, the exclusive right to reproduce, prepare derivative works
based upon, distribute copies to the public as well as display said Artwork Design and
Agreement for Commission of Public Artwork with Gregory Beck 16 of 31
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Work, the same to be held and employed by City for City's own benefit and use and for
the benefit and use of City's successors, assigns, and legal representatives forever;
(4)Artist shall have no copyright or other property interest in the Artwork Design, Work,
or any other work product under this Agreement and any prior agreement for the Work;
and
(5)Artist,pursuant to this Article 11.4,hereby acknowledges the rights of attribution and
integrity conferred by Section 106A(a) of Title 17 of the U.S. Code, (as amended or as it
may be amended in the future) Titled "Visual Artists Rights Act," and any other right of
the same nature granted by U.S. federal, state,or foreign laws, and of his/her own free act
hereby waives such rights with respect to any and all uses of the Artwork Design, Work,
and all other work product under this Agreement and/or any prior agreement as a public
artwork.Nothing in this Article 11.4 shall affect the survival of Articles 5 (Warranties),
6 (Insurance,Indemnity, and Release),and 9 (Artist as an Independent Contractor)
of this Agreement, which shall remain in full force and effect upon termination of this
Agreement.
ARTICLE 12
DISPUTE RESOLUTION
a. 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.
b. 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
Agreement for Commission of Public Artwork with Gregory Beck 17 of 31
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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. (See Article 11.4)
ARTICLE 13
EQUAL OPPORTUNITY
a. Artist shall not engage in any unlawful discrimination based 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.
b. 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.
ARTICLE 14
MISCELLANEOUS
14.1. Compliance.
Artist shall comply with all Federal, State and City statutes, ordinances and regulations applicable to the
performance of Artist services under this Agreement.
14.2. 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.
14.3. 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.
14.4. 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.
14.5. Governing 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
Agreement for Commission of Public Artwork with Gregory Beck 18 of 31
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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.
14.6. 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.
14.7. No Third-Party Beneficiaries.
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.
14.8. 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.
14.9. Contract Construction.
The Parties acknowledge that each party and, if it so chooses, its counsel have reviewed and revised this
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.
14.10. Fiscal Funding Out.
If, for any reason, at any time during any term of this Agreement, the Fort Worth City Council fails to
appropriate funds sufficient for City to fulfill its obligations under this Agreement,City may terminate 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.
14.11. Captions.
Captions and headings used in this Agreement are for reference purposes only and shall not be deemed a
part of this Agreement.
14.12. Artist's Address.
Artist shall notify the Contract Manager of changes in address.
14.13. Surviving Covenants.
The covenants and obligations set forth in this Agreement shall not survive the death or legal incapacity of
Artist except as outlined in Article 11.2.
Agreement for Commission of Public Artwork with Gregory Beck 19 of 31
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14.14. Right to Audit.
Artist agrees that City will have the right to audit the financial and business records of Artist that relate to
the Conceptual Design (collectively "Records") 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 200
Texas Street, Fort Worth, Texas or at another location in City acceptable to both parties following
reasonable advance notice by City and shall otherwise cooperate fully with City during any audit.
Notwithstanding anything to the contrary herein, this Article 14.14 shall survive expiration or earlier
termination of this Agreement. Artist shall require all of its subcontractors to include in their subcontracts
a right to audit in favor of City in substantially the same form as above.
14.15. Certified MBE/WBE.
If applicable,Artist is encouraged to make its best effort to become a certified Minority Business Enterprise
(MBE)or Woman Business Enterprise(WBE)firm with a certifying agency whose certification is accepted
by the City under the City's Business Diversity Enterprise Ordinance.
14.16. Survival Provision.
The provisions contained in Articles 5 (Warranties), 6(Indemnity Provisions), 9(Artist as Independent
Contractor), 11.2(Death or Incapacity of Artist),and 14.14(Right to Audit)shall survive the termination
or expiration of this Agreement.
14.17. 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.
14.18. Time Extensions.
The Parties may agree,in writing,to extend or modify any of the time deadlines set forth in this Agreement.
ARTICLE 15
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: Fernando Costa,Assistant City Manager
City Manager's Office
City of Fort Worth
200 Texas St.
Fort Worth,TX 76102
Agreement for Commission of Public Artwork with Gregory Beck 20 of 31
Execution Copy 6/12//17
Copies to: Sarah Fullenwider, City Attorney
Office of the City Attorney
200 Texas St., Third Floor
Fort Worth,TX 76102
Martha Peters, Vice President,Public Art
Arts Council of Fort Worth& Tarrant County
1300 Gendy Street
Fort Worth,Texas 76107
2. ARTIST Gregory Beck
4721 Staples Avenue
Fort Worth, TX 76133
IN WITNESS HEREOF,the Parties hereto have executed this Agreement to be effective as of the
Effective Date.
CITY OF FORT WORTH ARTIST
by: U- by: Of
Fernando Costa Gregory Beck
Assistant City Manager Artist
Date: Lill-7 Date:
CONTRACT COMPLIANCE MANAGER
By signing,I acknowledge that I am the person responsible
for the monitoring and administration of this contract,including
ensuring all performance and reporting requirements.
/P��v 411&
Name:Anne Allen
Title:Public Art Project Manager
APPROV O FORM AND L ALITY:
Jessica Sang ng
Assistant City Attorney II
Form 1295: 2017-179831 �� OR
AT ED BY _ ;/ U
:2
Mary Kayser
City Secretary ..........
OFFICIAL RECORD
M&C#C28237 CITY AIICRATARY
DATE:May 16, 2017 M omo TX
Agreement for Commission of Public Artwork with Gregory Beck 21 of 31
Execution Copy 6/12//17
Exhibit A: Artwork Design
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Agreement for Commission of Public Artwork with Gregory Beck 22 of 31
Execution Copy 6/12H17
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Agreement for Commission of Public Artwork with Gregory Beck 23 of 31
Execution Copy 6/12//17
Exhibit C: Technical and Maintenance Record
GENERAL INFORMATION
Artist:
Address:
Telephone:
Cell:
E-mail:
Gallery Affiliation:
Other Representation:
ARTWORK
Title of Artwork:
Project Name and Location Address:
FWPA Project Manager:
Description of Artwork: (attach separately if necessary):
Artwork Dimensions:
Height: Width: Depth:
Pedestal or Pad Material:
Pedestal or Pad Dimensions:
Height: Width: Depth:
Location&Description of Signature Markings(or copyright):
Edition Information if applicable:
Agreement for Commission of Public Artwork with Gregory Beck 24 of 31
Execution Copy 6/12//17
Date of Execution:
Place of Execution:
Collaborating Artist:
Fabricator(if other than artist)
Fabricator Address:
Methods/Materials Used in Execution of Artwork
Materials(list type,brand name and manufacturer of all materials; attach Material Safety&Technical
Data. Include contact names for all suppliers and attach warranty information):
Construction Description: (list all fabricators and any architects, engineers or other technicians involved
in the creation and installation of this artwork. Attach all warranties&agreements)
Material(s) Specifications:
Joining Methods:
Welding Rod Alloy or Joint Material&Application Method:
Casting Alloy,Wax Body,Glass or Fiber Type:
Finishes&Coatings(paint color and type,glaze,patina, any and all coatings including fixative,UV,
graffiti, etc. Please list vendors and contact information and provide all product information):
Agreement for Commission of Public Artwork with Gregory Beck 25 of 31
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Pedestals,Foundations&Footings,Mounting and Attachment Applications
(List all materials used to install artwork on site. Include vendor information,parts numbers,warranties
and agreements.)
Integrated Components
(List all components included in design and fabrication contracts that function as a part of the final
installation including but not limited to: lighting,media, landscaping,etc. Include all vendor information,
parts numbers,warranties and agreements and any/all design schematics):
Installation
Installation Date:
Installation Method: (describe inst:Nation method,provide photo documentation if available. List name
and contact information of installation crew.Attach any diagrams or disassembly instructions.)
Recommended Routine Maintenance
Artist recommendation based on experience and consultation with conservation expert
Artist's Conservation Consultant
Name:
Address:
Phone:
(Please attach Conservator's Long Term Maintenance Recommendations)
Agreement for Commission of Public Artwork with Gregory Beck 26 of 31
Execution Copy 6/12H17
Unusual or Special Circumstances of Note
Artist's Intention
(Please describe your view of how the artwork will change over time and in response to environmental
conditions. Artist's vision of how the artwork will look in the future assists FWPA in realizing an
appropriate conservation action plan. In addition to environmental conditions public artworks are often
affected by public handling, landscaping and site changes. Please clearly detail your expectations for this
artwork. Please address issues related to the life expectancy of this artwork.)
Agreement for Commission of Public Artwork with Gregory Beck 27 of 31
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Exhibit D: Affidavit
AFFIDAVIT OF BILLS PAID
Date:
Affiant:
Purchaser:
Property:
Affiant on oath swears that the following statement is true:
Affiant has paid each of Afflant'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.
Affiant:
SUBSCRIBED AND SWORN TO before me,the undersigned authority, on this the
Day of ,20_.
Notary Public, State of Texas
Print Name
Commission Expires
Agreement for Commission of Public Artwork with Gregory Beck 28 of 31
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Exhibit E: Sales Tax Exemption
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TEXAS SALES AND USE TAX EXEMPTION CERTIFICATION
Name of purchaser,firm or agency
City of Fort Worth,Texas
Address(Street&number,P.Q.Box or Route number) Phone(Area code and numbed
200 Texas Street 817-392.8360
City,State,ZIP code
Fort Worth,Texas 76102
I,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
Street address: City,State,ZIP code: _--
Description of items to be purchased or on the attached order or invoice:
All items except motor vehicles as listed below
Purchaser claims this exemption for the following reason:
Municipality,Governmental Entity
I understand that I will be liable for payment of all state and local sales or use taxes which may become due for failure to comply with
the provisions of the Tax Code and/or all applicable law.
1 understand gratit is a criminal offense to give an exemption certificate to the sellerfortaxable items thatl know,at the time of purchase,
will be used In a mannorotherthan that expressed in this certificate,and depending on tho amount of tax evaded,the offense(nay range
(real a Class C misdemeanor to a felony of file second degree.
Putchasor Title
liege Finance Director/CFO January 3,2017
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 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.
Agreement for Commission of Public Artwork with Gregory Beck 29 of 31
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Exhibit F: Insurance Requirements
PUBLIC ART PROJECTS-INSURANCE REQUIREMENTS
Artist shall meet all the following insurance requirements for this Project. If Artist subcontracts fabrication,
transportation,and/or installation of the Work,then Artist shall also require his/her subcontractor(s)to abide
by all of the following insurance requirements.
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. The
policy shall name City as an additional insured.
Bailee's/Property(if applicable)
The inland marine policy shall provide per occurrence coverage at replacement cost value based on the
latest appraised value of the Artwork,which is entrusted to the Artist and is considered to be in the Artist's
care,custody,and control and shall include property"in transit."
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.
For Artist and/or Artist's Subcontractors who have employees: 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
Workers' Compensation coverage shall provide limits consistent with statutory benefits outlined in the
Texas workers' Compensation Act(Art. 8308—1.01 et seq. Tex.Rev. Civ. Stat.).
GENERAL POLICY REQUIREMENTS
The certificate of insurance shall include an endorsement naming the City of Fort Worth, its' Officers,
Employees and Volunteers as an "Additional Insured" on all liability policies. Exception: the additional
insured requirement does not apply to Workers' Compensation or Automobile policies.
Agreement for Commission of Public Artwork with Gregory Beck 30 of 31
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Artist is responsible for providing the City a thirty day (30) notice of cancellation or non-renewal of any
insurance policy and may not change the terms and conditions of any policy that would limit the scope or
coverage, or otherwise alter or disallow coverage as required herein.
The workers' compensation policy shall include a Waiver of Subrogation(Right of Recovery) 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. If the subcontractor is an international entity and carries insurance through an international
insurance company, then the subcontractor must obtain language on their certificate of insurance
confirming that its insurance policy extends coverage to operations in the United States. 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."
The deductible or self-insured retention(SIR)affecting required insurance coverage shall be acceptable to
and approved in writing by the Risk Manager of 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 City's Risk Manager.
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 City based
upon changes in statutory law, court decision or the claims history of the industry as well as of the
contracting party to City of Fort Worth. City shall be required to provide prior notice of ninety days.
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.
Agreement for Commission of Public Artwork with Gregory Beck 31 of 31
Execution Copy 6/12//t7
M&C Review Page 1 of 2
Official site of the City of Fort Worth,Texas
CITY COUNCIL AGENDA FORT ii
COUNCIL ACTION: Approved on 5/16/2017
REFERENCE06EAST DIVISION POLICE
DATE: 5/16/2017 NO.: **C-28237 LOG NAME: STATION PUBLIC ART
PROJECT
CODE: C TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: Authorize Execution of an Artwork Commission Agreement with Gregory Beck in the
Amount of$39,213.75 for Fabrication and Installation for Artwork at the East Division
Police Station, 5650 East Lancaster Avenue, Fort Worth, Texas (COUNCIL DISTRICT 5)
RECOMMENDATION:
It is recommended that the City Council authorize the execution of an Artwork Commission
Agreement with Gregory Beck in the amount of$39,213.75 for fabrication and installation of an
artwork at the East Division Police Station, 5650 East Lancaster Ave, Fort Worth, Texas.
DISCUSSION:
Under this Artwork Commission Agreement, Gregory Beck (Artist) will create a visual landmark for
the site that highlights the history and identity of East Fort Worth. The Artist's work shall be based on
the approved final design, titled "Pieces of Yesterday, Today, and Tomorrow." It will be composed of
colorful, painted, large-scale, aluminum,jigsaw puzzle-shaped elements featuring images of current-
day community members along with historic events and places that capture the distinct personality of
East Fort Worth. The artwork will wrap around the northwest corner of the East Division Police
Station at Weiler Boulevard and East Lancaster Avenue.
Artist Jack Mackie's 2009 East Lancaster Public Art Plan recommended a North Texas artist be
selected to create an artwork at the Fort Worth Police Department's East Division Police Station.
The public art contract manager conducted a competitive process for artist selection, which was
overseen by the Fort Worth Art Commission (FWAC), for design and commission of an artwork for
the East Division Police Station. On April 13, 2015, the FWAC approved the selection panel's
recommendation of Gregory Beck for the project. On August 13, 2015, the Artist was placed under
City Secretary Contract No. 46927 to develop a preliminary and a final design for artwork at this
location.
The project is included in the Fort Worth Public Art Fiscal Year 2017 Annual Work Plan adopted by
the Fort Worth City Council on October 25, 2016 (M&C G-18667). Funding for this public art project
was appropriated in the Public Art Plan for the 2004 Capital Improvement Program, adopted by the
Fort Worth City Council on May 17, 2005 as M&C G-14801.
Project budget and funding sources are as follows:
PROJECT BUDGET AMOUNT
Preliminary & Final Design (Completed) $ 5,786.25
Commission $39,213.75
IF $45,000.00
http://apps.cfwnet.org/council_packet/mc review.asp?ID=24586&councildate=5/16/2017 6/19/2017
M&C Review Page 2 of 2
(Project Total
FUNDING SOURCES AMOUNT
2004 CIP Proposition 1 1 $45,000.00
Total 1 $45,000.00
M/WBE Office- The City's overall M/WBE goal for the Fort Worth Public Art Program is 25 percent of
total capital project dollars expended on public art annually.
Art Commission Action: On September 12, 2016, the FWAC approved the Artist's preliminary design
and on February 13, 2017, the FWAC approved the Artist's final design and recommended the Artist
be placed under a commission contract.
This project is located in COUNCIL DISTRICT 5, Mapsco 62S.
Council Member Gyna Bivens concurs with the FWAC's recommendation to proceed with the
commissioning of the East Division Police Station Public Art project.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that funds in the amount of$39,213.75 are available in 2004 CIP,
Proposition 1, for the East Division Police Station Public Art Project. Existing appropriations in the
project are $45,000.00 of which $5,786.25 has been expended leaving a balance of$39,213.75.
TO
Fund Department Account Project Program Activity Budget Reference# Amount
ID ID Year Chartfield 2
FROM
Fund Department Account Project Program Activity Budget Reference# Amount
ID ID Year Chartfield 2
Submitted for City Manager's Office by: Fernando Costa (6122)
Originatinq Department Head: Randle Harwood (6101)
Additional Information Contact: Martha Peters (298-3025)
ATTACHMENTS
Form 1295 East Division Police Station.pdf
Map East Division Police Station.pdf
http://apps.cfwnet.org/council_packet/mc review.asp?ID=24586&councildate=5/16/2017 6/19/2017
Exhibit D: Form 1295
C-28237 C
CERTIFICATE OF INTERESTED PARTIES
FORM 12.95
lett
Complete Nos,1-4 and 6 If there are interested pruuc�. OFFICE USE ONLY
CompiWe Nos,1,Z 3,5,and+6 if there are no inerestc4 panes. CERTIFICATION OF FILING
1 Name of buslness entity filing form,and the city,state and country of the business entity's place Certificate Maribor
of busmoss. 2017-179831
Gregory Beck
Fort Worth,TX Unitud States Date tiled:
2 Name at governmental arinty orstato agency that is r parry to the contract for"tch the form Is 0311712017
being filed.
Arw Council of Fon Worth and Tarrant County Date Ac wie ged-'
3 Provide the identification number used by the govnmmrntat entity or state agency to track or identify the contract.and provide a
description of the services,goods,or other property to be provided under the contract-
Contrarx No.46927
Provide Public An far East Divisron Pahce Station.G Lanca-ter Ave-
4 Nature of interest
Name of Intercaed Party City,State,Country(place of busirim) (chock applicable)
Controlling In[cmwdiuy
BecK,Gregory Fort We rtli,TX United States X
5 Check only It there is NO Interested Parry. a
6 AFFIDAVIT I swear-or atlirm,under penalty of uer)are.-Uta the ab dorloswv is true wW corroct,
f
UI�GF'lj
T ryN BEGKNota PubdeSTATE OF TEXASMy Ceram,FLIP.OEd"We Vinatue or aumonzed ageraol cornractng hrn_iness envy
AFFIX NOTARY$TAIAP!SEAL ABOVE +1,,
Swom to and subscribca oefore me,ny the sold thus the dOEk day Of V0110 _.
20 lm rr ,w CLady Ntilcli,wrnC my Innd mid:oil of O(fica-
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Signature of otricer adminGlermg Oath Panted name c4 orrrcel admin6tenng oath Tat L-4:f officer admlr)e;:e;ajrg oath
Forms provided by Texas Ethics Commission vnvw.elhics_stateAx.us Version V1_0.277