HomeMy WebLinkAboutContract 51920 I k 5101
AGREEMENT BETWEEN THE CITY OF FORT WORTH
AND LYNNE BOWMAN CRAVENS FOR A PROPOSAL FOR PUBLIC ART FOR THE
MUNICIPAL VEHICLE MAINTENANCE FACILITY AT HOLLY WATER TREATMENT PLANT
n�tI,
This Agreement is entered into thi LA day of+ by and between the City of Fort Worth,
a home-rule Municipal corporation of the State of Texas. acting by and through Jesus J. Chapa, its duly
authorized Assistant City Manager,and Lynne Bowman(ravens.an individual, located at2804 Wayside Ave,
Fort Worth TX.76110.Cit} 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 ofartists
into the development of the CitN,*s capital infrastructure improvements. and to promote tourism and economic
vitality in the Citv through the artistic design of public spaces.-
WHEREAS, there is $177,500.00 available from the 2014 Bond, Proposition 6. lor an artwork
associated with the new Municipal Vehicle Maintenance Facility at the Holly Water Treatment Plant:
WHEREAS, the Project was included in the Fort Worth Public Art Fiscal Year 2019 Annual Work
Plan, adopted by the Fort Worth City Council on November 6. 2018.as M&C G-19412;
WHEREAS, the Project Core Team tilei on September 6. 2018.and requested a more accessible and
visible site for the artwork than that originally proposed.At stags request,the City Attorney's Office consulted
with the bond counsel, and after a reviewof additional potential locations, determined that the Project may be
located along the east side of Forest Park Boulevard, below the toe of the levee. in the green.space next to the
roadway. A freestanding, horizontal artwork that parallels the roadway �rould be risible From the Holly Water
Treatment Plant and to drivers and cyclists along Forest Park 130LIlevard and tiqcrs of the looped trail. Trinity
Park. Forest Park Blvd.. the Phyllis J. Tilley Memorial Bridge and the Lancaster Avenue Bridge. The Project
Outline was approved by the Fort Worth Art Commission("FWAC") on October t 5.2018;
WHEREAS. the FWAC is overseeing an artist selection process in accordance with the Project
Outline and the guidelines in tile Fort Worth PieblicArt Nlaster Plan t,�daie.
WHEREAS. the Contract Manager facilitated the Artist Selection Panel- the qualifications of twelve
artists from the prequalified lists were presented to the selection panel and Project Core Team, resulting in the
recommendation of three artists as finalists for the Project,
WHEREAS, Artist has been selected as one of the finalists for the Project and is being asked to
participate in a Site visit and Orientation at a mutually agreeable date and time (**Orientation**) and prepare a
ti -ement Between the City of Fort'korth and RD
to Bowman Cravens for a Proposal for Public Art for the Municipal Vehicle Maintenance F Affx"w
�tinent Plant CITY SECRETARY
utionCopy 1 2519 FT. WORTH,TX
Conceptual Design Proposal and participate in an lntervie-,v conducted by the Artist Selection Panel at a
mutually agreeable date and time; and
WHEREAS. the Ciq intends to select one Artist for the Project based oil the Conceptual Design
V
Proposals and interviews with no guarantee that Artist will be selected to proceed to the next phase of the
Project:
NOW, THEREFORE. City and Artist for and in consideration of the covenants and agreements
hereinafter set forth, the sufficiencN ofxN hich is hereby acknowledged,agree as folkow s:
AR-FICLE I
DEFINITIONS
As used in this Affeement. the following terms shall have the meanings as set forth belo%N:
1.1. Agreement— Means and includes this Agreement between the Cit,, of Fort Worth and Lynne
Bowman Cravens.
1.2. Artist—Means and includes I.,,,nne Bowman Cravens.
1.3 Artist Selection Panel— Means and includes a panel comprised of arts professionals. Project
Core Team Member,,. City staff representatives. City Council Member or their designee. a FWAC
representative and other Advisors as appropriate.
1.4. Conceptual Design Proposal Means all preliminary- drawings, sketches, narrative
descriptions, budget estimates. and the like that are created by Artist in connection with this Agreement
between Artist and City for the Work.
1.5. Conceptual Design Proposal Deliverables — Means and includes those items set forth in
Article 2.4 of this Agreement that Artist is required to submit to City for its review and approval.
1.6. Contract Manager—Means,and includes the Arts Council of Fort Worth and Tarrant County,
Inc., and/or its officers.directors, or employees.
1.7. Cit-v — Means arid includes the City of Fort Worth. Texas and its officers. representatives.
agents,servants,and employees.
I.S. Effective Date — Means and includes tile date represented in the first paragraph of this
Agreement, which shall be the official date of execution of this Agreement.
1.9. Parties — Means and includes City and Artist.
1.10. Project—Means and includes the capital improvement or public art development undertaking
of Cit-v for which Artist's services are to be provided pursuant to this A") eenlent.
1.11. Project Core Team—Means and includes the appropriate City Council Member(s),and their
appointed community representatives and others as may be appropriate.
1.12. Project Outline—Means and includes the outline approved by the FWAC.
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Lynne Bowman Cravens for a Proposal for Public An for the Municipal Vehicle Maintenance Facility at Holl", Water
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1,13. Project Stakeholders — Means and includes the City Council Member. the designated
Municipal Vehicle Maintenance Facility at Holly Water Project Core Team and the FWAC's appointed
representatives and others as may be appropriate.
1.14. Site—Means North Forest Park Boulevard,adjacent to the South Holl} Water Treatment Plant.
in the right-of-way along the cast side of'Fore.sa Park, Boulevard_below the toe of the levee. in the greenspace
next to the road,,Aav, visible from the Holly Water Freatment Plant and to drivers and cyclists along Forest
Park Boulevard and users ol'the looped Trail, Trinit-.. Park. Forest [lark Blvd., the Pit%His J. Tilley Memorial
Bridge and the Lancaster Avenue Bridge. in Council District 9. which is depicted in the attached Exhibit-A."
1.15. Work—Means and includes the finished object(s)of art and design that are the subject of this
Aareement, or any intermediary stage of completion of such work_
ARTICLE2
PURPOSE, SCOPE OF SERVICES.AND DELIVERABLES
2.1, Purpose.
The purpose of this Agreement is to compensate Artist for participation in the Orientation and Site visit and
for development of a Conceptual Design Proposal and participation in artist interviews conducted by the Artist
Selection Panel for this Project, and ultimately select an artist to proceed to the next phase of this Pro�ject,
which may include preliminary and final design development and commission of artwork for the Site. The
City does not guarantee that Artist gill be selected to proceed to the next phase of the Project.
2.2. Scope of Services.
a. Artist shall perform all services and will furnish all supplies, materials, and equipment as necessary
for developing a Conceptual Design Proposal of the Work and for providing the Conceptual Design
Proposal Deliverables. Services shall be performed in a professional manner and in strict compliance
%N ith all terms and conditions in this Agreement.
b. Artist shall participate in a one hour Orientation meeting and Site visit at a mutually agreeable date
and time in Fort Worth, Texas.
C. Artist shall prepare and present a Conceptual Design Proposal, to include examples of his!'her current
work, to the Artist Selection Panel and be interviewed by the Artist Selection Panel in Fort Worth.
Texas. in Fort Worth. Texas,at a mutually agreeable date and time, The Artist has been provided %,ith
a list of live questions that they are expected to address during the interview and understands that
additional questions may also be posed by' the Artist Selection Panel.
d. Artist shall allow video recording and photography of his"her Conceptual Design Proposal presentation
to the Artist Selection Panel.
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e. Two (2) weeks prior to final submittals Artist will individually meet via conference call 'will) the
Contract Manager for the purpose of a design progress report to receive feedback on their initial
concepts and have the opportunity to ask questions.
f. Artist shall make two(2)trips to Fort Worth.Texas for meetings and presentations as indicated above.
Additional trips, if required per this Article, may be negotiated and agreed upon in writing by City and
Artist.
Go, Assistance.
Upon request by Artist. City shall promptly furnish all information and materials required b,, Artist to the
extent that such materials are available. Citv,upon request by Artist,shall also provide correct scaled drawings
of the Site. if available.
2A. Conceptual Desigyn Proposal Deliverables.
a. Within (8) eight weeks of execution of this Agreement Artist shall provide services and all supplies,
materials. and equipment necessary to provide certain deliverables, as set forth in this subsection to
CitN for consideration.
b. Conceptual Design Proposal Deliverables shall consist ofthe following:
L A written narrative description of'the Artist's concept. proposed materials. fabrication and
installation methods,timeline for completion and maintenance requirements-,
ii. Two-dimensional rendering(s) of the Artist's concept, supplied as both high and to-vk
resolution digital files-, and no more than five examples of relevant projects b,, the Artist.
presented within a PowerPoint presentation.
iii. Installation diagram showing the concept's relationship to the Site, including approximate
weight of the Work. proposed attachment method(s).and location(s) for lighting, if any;
iv. A preliminary budget estimate. on the budget form attached hereto as Exhibit -'B.** for Final
Design and Implementation of the Work in an amount exceed $177,500.00 which includes all
costs for materials, labor, fabrication, delivery. installation, insurance, transportation. travel.
Artist*s fee, and all other associated costs for the Work. Budget estimate should also include
material or fabrication samples and/or prototype models for the Work that show the size and
placement of the Work in relation to the Site.as appropriate:and
V, Material sample(s) that illustrate what the proposed Work would be made from. shoving
durability, texture. color. etc., as appropriate. No models or prototypes shall be presented to
the Artist Selection Panel,
C. Artist shall submit an electronic version of his/her initial concept sketches for the Conceptual Design
Proposal for the purpose of a design progress report as described in 2-2.e. These sketches shall be
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submitted to Conti-act Manager no later than 12:00 Noon (Central Time), at least two (2) days in
advance of the progress report date.
d. Artist shall submit a final electronic version of the Conceptual Design Proposal Deliverables to
Contract Manager no later than 12:00 Noon (Central Time). at least three (3) days in advance of the
presentation date to the Artist Selection Panel,
e. The initial concept sketches and the Conceptual Design Proposal Deliverable,-, ,hall be sent in one of
the followitu-, manners:
i. Via email to aallen,,dartSCOLItICilfXN.orcy (9 MB size limit per each email):
ii_ Via an FTP site, such as dropbox.coni.or
iii. Mailed or hand delivered on a USB to Fort Worth Public Art, Attention: Anne Allen. 1300
Gendy Street. Fort Worth. a 76107.
2.5. Notification of Selection.
The Contract Manag
.er shall notiA the Artist, by phone and in writing, of the final OLItCOITIC of the artist
selection process. i.e..whether or not the Artist was selected to proceed to the next phase of the Project.within
15 dans of the FWAC*s approval of the Project artist.
2.6. Alternate Artist.
Any artist not selected to proceed to the next phase of the Project may be designated as all alternate for a period
of one year from the date the City sends final payment to Artist under this Agreement. The Artist shall not
receive any additional compensation for such designation: however. Such designation does affect ownership
rights to the Artist's Conceptual Design Proposal. which is set forth in more detail in Article 5.
ARTICLE 3
COMPENSATION AND PAYMENT SCHEDULE
3.1. Compensation.
Total compensation to Artist under the Agreement shall not exceed FIVE HUNDRED DOLLARS AND NO
CENTS (5500.00). which shall constitute full compensation for any and all costs associated %N.Ith the
Agreement. including. but not limited to, all travel expenses and services performed and materials furnished
by Artist under this Agreement. Artist and City inaN amend this Agreement to allow for additional payment if
additional services are required.
3.2. PaN nient Schedule.
FIVE HUNDRED DOLLARS AND NO CENTS (5500.00) within thirty (30) calendar days after Artist
submits all of the Conceptual Design Proposal Deliverables required under Article 2.4 of this Agreement and
travels to Fort Worth for the Orientation and Site visit and makes a presentation of the Conceptual Design
Proposal to the Artist Selection Panel.
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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
Project. City shall supply Artist with the"Texas Certificate of Exemption,"in substantially the same form as
that attached hereto as Exhibit"C"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 TERMINATION
4.l. 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 Cause.
The City may terminate this Agreement for cause in the event Artist fails to perform in accordance with the
requirements contained herein. In such event,City shall give Artist written notice of Artist's failure to perform,
giving Artist seven(7)calendar days to come into compliance with the Agreement. If Artist fails to come into
compliance with this Agreement,City shall notify Artist in writing,and this Agreement shall be terminated as
of the date of such notification. In such event,Artist shall not be entitled to any additional compensation.
4.4. 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. If termination occurs under this section,City shall not
be obligated to pay Artist anything under this Agreement.
ARTICLE 5
QWNIrRSHIP AND INTELLECTUAL PROPERTY RIGHTS
5.1. Non-Selected Artists.
a. if Artist is not selected to proceed to the next phase of the Project as the Project artist, then, upon
payment in full to the Artist, the Conceptual Design Proposal and all other work product under this
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Agreement shall become the property of City for a period of one year from the date the City sends
final payment to Artist tinder this Agreement. Artist shall retain copyright and other intellectual
property rights in and to the Conceptual Design Proposal.
h. In view of the intention that the Conceptual Design Proposal be unique, Artist shall not make
any additional exact duplicate reproductions of the Conceptual Design Proposal, nor shall Artist
grant permission to others to do so except with the express NNTItten permission of City.
C. City is not responsible for any third-part-, infringement of Artist's copy right and not responsible for
protecting the intellectual property, rights of Artist.
d. It. %%]thin the above-stated one-year period.the City decides to select the Artist to proceed to the next
phase of the Project as the Project artist and Artist agrees to Such selection,then the rights set forth in
Article S.2 for the selected artist shall supersede and govern any ownership and intellectual property
riolits associated with or related to this Agreement.
5 . Selected Artist.
a. if Artist is selected to proceed to the next phase of the Project as the ProJect artist, then the ownership
and intellectual property rights set forth in this subsection shall apply.
b. Upon payment in full to Artist.the Conceptual Design Proposal and all other work product under this
Agreement shall become the property of City, without restriction on future use. except as provided
below. Artist shall retain copyright and other intellectual property rights in and to the Conceptual
Design Proposal and/or Work. Artist grants to the City an exclusive,perpetual,irrevocable,and royalty
free license to graphically depict or display the COFICCPtUal Design Proposal and/or Work for any non-
commercial purpose whatsoever. For purposes of this limitation, any graphic depiction or display of
the Conceptual Design Proposal and/or Work intended to promote or benefit City, its public services
Of 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.
C. In view of the intention that the Conceptual Design Proposal and the Work be unique. Artist
shall not make any additional exact duplicate reproductions of*the Conceptual Design Proposal
or the Work, nor shall Artist grant permission to others to do so except with the express XXTitten
permission of City. Howex-er, nothing herein shall prevent Artist from creating future
artworks in Artist's manner and style of artistic expression.
d. Artist reserves every right available under the Federal Copyright Act to control the making and
dissemination of copies or reproductions of the Conceptual Design Proposal and/or Work. except as
those rights are limited by this Agreement. If Artist is selected to proceed as the Project artist. City
0J
may make and disseminate photographs. drawings. and other two-dimensional reproductions of the
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Conceptual Design Proposal and/or Work and accompanying materials for any municipal purpose. All
reproductions by the City shall contain a credit to the Artist and a copyright notice substantially in the
following form: -, date, Artist's name.*'
C. Nothing in this Agreement shall prevent the Artist from using images of the Conceptual Design
Proposal and/or Work for marketing and promotional purposes in connection with the Artist's
business.
1*. UIN is not responsible for any third-party infringement of Artist's copyright and not responsible for
protecting the intellectual property rights of Artist.
ARTICLE 6
WARRANTIES OF TITI,F, AND COPYRIGHT
a. Artist represents and warrants that:
i. Conceptual Design Proposal and/or Work shall be the original product of the Artist's sole
creative efforts.
ii, Conceptual Design Proposat andi'or Work is and will be unique and original. and does not
rights infringe upon any copyright or the
C :ZI ghts of any person,
iii. Artist has not sold, assigned, transferred. licensed. granted. encumbered, or utilized the
Conceptual Design Proposal and/or Work or any copyright related thereto that may affect or
impair the rights granted pursuant to this Agreement:
iv. Conceptual Design Proposal and/or Work (or duplicate thereof) have not been accepted For
sale elsewhere,
V. Artist has the full power to enter into and perform this Agreement and to make the grant of
rights contained in this Agreement; and
vi. All services performed hereunder shall be performed in accordance with all applicable laws.
regulations,ordinances,etc., and with all necessary care.skill and diligence.
ARTICLE 7
ARTIST AS INDEPENDENTCON IRAC I OR
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 respondent superior has no application as between City and Artist.
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ARTICLE 8
INDEMNIFICATION
8.1. General Indemnitv.
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 LIMITED TO, THOSE FOR PROPERTY
LOSS (INCLUDING, BUT NOT LIMITED TO, WORKERS' COMPENSATION ACT LIAB[IATV,
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 THE ACTS, ERRORS, OR
OMMISSIONS OF ARTIST AND/OR ARTIST'S SUBARTISTS, CONTRACTORS AND
SUBCONTRACTORS 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 Cit-, from any and all liability for in Lu-N. death. damage. or loss to
persons or property sustained or caused by Artist in connection with or incidental to pertbrinance tinder this
Agreement.
C, Artist shall require all of its subcontractors to include in their subcontracts a release and indemnity in
favor of City in quhstantially the same form as above.
8,2. Intellectual Prot)ertv.
Artist agrees to assume full responsibility for complying ,,Kith 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.
Cit-, 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
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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 9
MISCELLANEOUS
9.1. Compliance.
Artist shall comply with all Federal. state, and local statutes. ordinances. and regulations applicable to the
performance of Artist's services under this Agreement.
9.2. 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,
9.3. Amendments.
No alteration. change. modification. or amendment ofthe 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.
9.4, Waiver_
Nowaiver of performance by either part),shall be construed as or operate as awai-ver of any subsequent default
of any terms,covenants,and conditions ofthis Agreement. The payment or acceptance offices for any period
after a default shall not be deemed a waiver of any right or acceptance of defective performance.
9.5. Governine, Law and Venue.
lfany action.whether real or asserted.at law or in equity.arises on the basis ofanv provision ofthis 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 ofthe State ofTexas,
9.6. Successors and Assigns.
Neither party hereto shall assign.sublet.or transfer its interest herein without prior written consent ofthe other
party,and any attempted assignment.sublease.or transfer of all or any I 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 their respective successors and permitted assigns.
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9.7. 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.
9.8. Severability.
If any provision ofthis 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,
9.9. Force Majeure.
It is expressly Understood and agreed by Agreed the Parties to this
C� I Agreement that, if the performance of any
obligations hereunder is delayed by reason of war. civil commotion-. acts of God, inclement weather:
governmental restrictions, regulations, or interferences; fires: strikes: lockouts, national disasters: riots,
C -
material or labor restrictions:transportation problems-.or any other circumstances which are reasonably beyond
the control of the party obligated or permitted Linder the terms of this Agreement to do or perform the same,
regardless of whether any such Circumstance is similar to any of those enumerated or not,the party so obligated
or permitted shad be excused from doing or performing the same during Such period of delay,so that the time
period applicable to such design or construction requirement shall be extended for a period of`time equal to
the period such party -,vas delayed.
9,10. 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,
9.11. Fiscal Funding Out.
if, for any reason, at ank, time during any term of this Agreement. the Fort Worth City Council fails to
appropriate funds sufficient for the City to fulfill its obligations under this Agreement, the 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.
9.12. Captions.
Captions and headings used in this Agreement are for reference purposes only and shall not be deemed a part
of this Agreement.
9,13. Right to Audit.
Artist agrees that City will have the right to audit the financial and business records of Artist that relate to the
Work(collectively"Records")at any time during the"berm of this Agreement and for three(3)years thereafter
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in order to determine compliance with this Agreement. Throughout the Term of this Agreement and for three
(3)years thereafter, the Artist shall make all Records available to the City at 200 Texas Street, Fort Worth,
Texas or at another location in the City acceptable to both parties following reasonable advance notice by the
City and shall otherwise cooperate fully with the City during any audit. 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.
9.14.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,
9.15. Survival Provision.
The provisions contained in Articles 5 (Ownership and Intellectual Property Rights), 6 (Warranties of Title
and Copyright), 7 (Artist as an Independent Contractor), 8 (Indemnification), and 9.13 (Right to Audit)shall
survive the termination or expiration of this Agreement.
9.16. Counterparts and Electronic Signatures.
tures.
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.
9.17. Time Extensions.
The Parties may agree, in writing,to extend or modify any of the time deadlines set forth in this Agreement.
9.18. Israel.
Artist acknowledges that in accordance with Chapter 2270 of the Texas Government Code, the City is
prohibited from entering into a contract with a company for goods or services unless the contract contains a
written verification from the company that it:(1)does not boycott Israel;and(2)will not boycott Israel during
the term of the contract. The terms"boycott Israel"and"company"shall have the meanings ascribed to those
terms in Section 808.001 of the Texas Government Code. By signing this Agreement,Artist certifies that
Artist's signature provides written verification to the City that Artist. (1)does not boycott Israel,and(2) will
not boycott Israel during the term of the Agreement
ARTICLE 10
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:
Agreement Between the City of Fort Worth and Page 12 of 17
Lynne Bowman Cravens for a Proposal for Public Art for the Municipal Vehicle Maintenance Facility at Holly Water
Treatment Plant
Execution Copy 1/25/19
1. CITY OF FORT WORTH: Jesus J. Chapa, Assistant Cit-v Manager
City Manager's Office
City of Fort Worth
200 Texas Street.Third Floor
Fort Worth.Texas 76102
Copies to: Sarah Fullen%%ider.City Attorney
Office of the City Attonley
City of Fort Worth
NO Texas Street,Third Floor
Fort Worth, Texas 761012
Martha Peters, Vice President, Public Art
Arts Council of Fort Worth & Tarrant County
1300 Gendv Street
Fort Worth. Texas 76107
2. ARTIST' Lynne Bowman Cravens
2804 Wayside Avenue
Fort Worth TX. 76110
IN WITNESS I IEREOF,the Parties hereto have executed this Agreement as of the Ftfective Date.
CITY OF FORT WORTH ARTIST
bv:
Bowe J'esus J. Chapa n ;Bo�i i ravens-
Assistant Cit,. Manager
Contract Compliance Manager
By signing, I acknowledge that I am the person responsible
for the monitoring and administration ofthis contract, including
ensuring all performance and reporting requirements.
1A11 vlv/
Name: Anne Allen
Title: Public Art Project Manager
APPROVED AS TO FOR11111.
AND LEG LITY:
V v-
Jessica Sangsvvn�
Senior Assistant ity Attornev
Agreement Between the City of Fort Worth and 0FNQM
I-)nne Bowman Cravens for a Proposal for Public Art for the Municipal Vehicle Maintenance 1vv*5"hfts1v
Treatment Plant
Execution Cop}� 1:25.z 19 EFT. W7047M7, TX
TH, T,
Form 1295: Not required
ATTESTED BY: °� J
Mary J.K r ( �
City Secreta.-N
14�XAS
Contract Authorization:
M&C—No M&C Required
OFFICIAL RECORD
Agreement Between the Cit} of Fort Worth and GIVISOCRET'ARY
Lynne Bowman Cravens for a Proposal for Public Art for the Municipal Vehicle Maintenance ha ilit"%ftr
Treatment Plant vvvvtN�
Execution Copy 1-'25;19
R
Exhibit A: Site
Municipal Vehicle Maintenance Facility at Holly Water Treatment Plant
And Forest Park Drive
# � ' � -127
aROL
f•#gin S 4 '- •••'hC ^,fSt
.a
ss
Agreement Between the City of Fort Worth and Page 15 of 17
Lynne Bowman Cravens for a Proposal for Public Ail for the Municipal Vehicle Maintenance Facility at Holly Water
Treatment Plant
Execution Copy 1125/19
� • l
Exhibit B: Budget Form
FEES INSTALLATION
Asst desk fee Transportation
Proh5sw1al fees Pern+Ks
Ewer Sae preprabon ntrnedrasro"
Arthftect FwArgs/foux4abom
LW Demyver Geancal tavoetbons momiCationi
Ca"anavor Libor
Other EEK cereal
TrWx toeerol
SUB-TOTAL FEES Secur"
SUWTOTAL INSTALLATION
TRAVEL
T" i°" OVERHEAD
Lo" ksswance(praated}
Per diem(nwls,and utas)
Stu TOTAL TRAVEL
(hours x f Pr hour)
Std-TOTAL OVERHEAD
FABRICATION
Artist adnNastra mora(hours x f per hour) CONTINGENCY
Materials
Artist labor(hones x S per hour) GRAND TOTAL ARTIST
Labor PROJECT COSTS
Rerxais(equipnknt,space,etc.)
Storage
SUII-TOTAL FABRICATION
Agreement Between the City of Fort Worth and Page 16 of 17
Lynne Bowman Cravens for a Proposal for Public Art for the Municipal Vehicle Maintenance Facility at Holly Water
Treatment Plant
Execution Copy 1/25/19
Exhibit C: Sales Tax Exemption
aar a.a:
Texas Sales and Use Tax Exemption Certification
Tft W f dbaa not"ft a nnrrWat a be Yid
a �Orawcv
cft of foot Wort.Taxan
ialirtMt. t+wMr.AOBarm+�reaN+a*A.r. •r't+�_�rsseoaaaw�wY�eB
2"TixssSWeet { 9tT4$24360
rft no zVaft% -
Fed Wath,Texas 76182
1,ala pwOvaw nw and above,dilm an omnVbw t vm palemwa of aaUe and um ftm Ow Me pirdess of Wtabia
deme►deembed better won tele aftched order a rmuce)*ow
soler M Vmdm
seed addrasa. CO,ft".ZIP oodee
Oeaa+p m of Wane to ba pvchand or on w*shodwo ondx or invoioa
bean P1xr#laaar MdWWftQK that rA C20M culnaf ge"tiles *W ft mgm.in"4r z0go mow
aura+ara.otat+na this omroeani%r vie laft- g nswn
Vit QaetefnraaeMN FnA1,t
1 undastanQ that 2 rril be iab a eor qw~of al sYls and t cmi!alas ar wa anM wt k "wy bacme*0 for f""to oonepq v nth
ern prwAsWm of ter Tar coda w0a as p;k- N letr,
rundaraMrrdmaftras�*r:>#foA+rrlo�+arn�w�ianblfw� azaW/eraartsal/cares arM+fw»dpw�s�.
atbsosalonaaw walMrii+wtibaleq*vMadtnoeisasWoala..ndalee+nelMga+r aama�rsfaetcr.w�setM�SadMrrnnarra�p►
ftm a Crim C mndo~w to a loony d ena seoond deepw
E f"wu+e.olnxa+rx:>~a
NOTE: Tlas CWWN; es Cama ba neuao br e►a Dues.Mise,ea<ren41 d.nnolor vrtatlo
THIS CERMCATa?DOES NOT REOLM:A NUMBER TO BE VALID.
8aWs and Use Tax'Exanpaon Wpe*s'or"Tait Eiaa vW fa ftm ob not ant
Thin eafttfiwtlsafseuitM 0 1tett 1*tfMatNPOI.
Oo t"aswd Yea eeampk4ad+aatft, I to M Ceiwp/nmbr dwabBee Astoouats.
Agreement Between the City,of Fort Worth and Page 17 of 17
Lynne Bowman Cravens for a Proposal for Public Art for the Municipal Vehicle Maintenance Facility at Holly Water
Treatment Plant
Execution Copy 1/25/19