Loading...
HomeMy WebLinkAboutContract 37466 (2)CJT�' vEChETARY CONTRACT NO 324L a AGREEMENT FOR DESIGN OF PUBLIC ARTWORK BETWEEN THE CITY OF FORT WORTH AND ELISEO S. GARCIA This Agreement, entered into this day of , 20089 by and between the CITY OF FORT WORTH, a home rule municipal corporation of the State of Texas (the "City"), acting by and through Charles W. Daniels, its duly authorized Assistant City Manager and ELISEO S. GARCIA (the "Artist") of 3464 Bevann Drive, Dallas TX 75234. The City has designated THE ARTS COUNCIL OF FORT WORTH & TARRANT COUNTY, Inc. (the "Contract Manager") to manage this AGREEMENT on its behalf. The Contract Manager shall act through Jennifer Lovvorn, its designated Public Art Project Manager. WHEREAS, the City is implementing the Fort Worth Public Art Program pursuant to the Chapter 2, Sections 2-56 through 2-61 of the Fort Worth Code of Ordinances, (the "City Code"), in order 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; and, WHEREAS, the Fort Worth Public Art Program is implementing acommunity- nominated public art initiative known as "Community ID: Public Art in Neighborhoods" ("CID") per the recommendations set forth in the Fort Worth Public Art Master Plan (adopted by City Council in 2003); and, WHEREAS, funds for the CID projects have been allocated from the Public Art Fund per guidelines in the Long -Range Public Art Plan for the Water Fund, as adopted by City Council on May 9, 2006, and were included in the FY2008 Annual Work plan and Budget (approved by City Council on September 25, 2007); and, WHEREAS, the Fort Worth Art Commission, on June 16, 2008, approved the review panel's recommendation to award a CID project to the Tanglewood Neighborhood Association (the "Community Group"); OFFICIAL RECORD CITY SECRETARY T. WORTH, TX 1 WHEREAS, the Community Group proposed to install the artwork in Overton Park at the southeast corner of the intersection of Bellaire Drive South and Overton Park West in Fort Worth, TX, more particularly described in Exhibit "A" attached hereto (the "Site")* and, WHEREAS, the Community Group selected artist Eliseo S. Garcia of Dallas, Texas, to design an artwork (the "Work") for installation at the Site; and, WHEREAS, City and Artist wish to set out the terms and conditions under which said Work shall be designed. 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 SCOPE OF SERVICES 1.1. General. a. The Artist shall perform all services and will furnish all supplies and materials as necessary for developing: 1. The preliminary design concept of the work ("Preliminary Design Concept"); and 2. The final design of the work ("Final Design"). Services shall be performed in a professional manner and in strict compliance with all terms and conditions in this Agreement. b. The Artist shall determine the artistic expression, scope, design, color, size, material, and texture of the Work subject to review and input from the Community Group and approval by City as set forth in this Agreement. c. The specific location at the Site where the Work shall be installed shall be mutually agreed upon by the City, the Community Group, and a and shall be approved by the Parks and Community Services Advisory Board. d. Upon request by the Artist, the City shall promptly furnish all information, materials, and assistance required by the Artist to the extent that such materials and assistance are available. The City, upon request by Artist, shall also provide correct scaled drawings of the Site, if available. OFFICIAL RECORD 2 CITY SECRETARY FT, WORTH, TX f 1.2. Artist Selection. City and Artist acknowledge that the Artist's qualifications attached hereto as Exhibit "B," have been reviewed and approved by the Fort Worth Art Commission, as the basis for executing this design services contract with the Artist. 1.3 Preliminary Design Phase Scope of Work and Deliverables a. Prior to commencing work on the Preliminary Design Concept, Artist shall meet with and seek input from the Community Group. b. Artist shall provide all services, supplies, materials, and equipment necessary to provide certain deliverables, as set forth in this Section 1.3(b)i — ii (collectively, the "Preliminary Design Deliverables"), to the Contract Manager. Preliminary Design Deliverables shall consist of the following: i. Schematic illustrations) of the artwork design, and a site plan indicating the proposed artwork location at the Site; illustrations shall be approximately 20" x 30" and mounted on foam core and/or supplied in a high resolution digital format; ii. Artist shall present the Preliminary Design Concept and proposed location at the Site to the City and Community Group for input; c. Artist shall provide the Preliminary Design presentation materials, other than proprietary material samples, to the Contract Manager to become part of the City of Fort Worth Public Art archive, as appropriate. 1.4. Final Design Phase Deliverables. a. Artist shall provide services and all supplies, materials, and equipment necessary to provide certain deliverables, as set forth in this Section 1.4(a) i — vi (collectively, the "Final Design Deliverables"), to the Contract Manager. Final Design Deliverables shall consist of the following: i. Two final design illustrations showing the proposed artwork from two vantage points with at least one illustration showing the artwork's size and placement in relation to the Site; these illustrations shall be approximately 20" x 30" and mounted on foam core and supplied in a high resolution digital format; 3 OFFICIAL RECORD CITY SECRE'iARY FT. WORTH, TX ii. Plan view illustration showing the location at the Site where the Work shall be installed, for review and approval by the Parks and Community Service Advisory Board. iii. Narrative description of the Artist's concept, proposed materials, fabrication methods, timeline for completion, and maintenance requirements for all elements of the Work along with cost estimates for annual maintenance. iv. Artist shall provide comprehensive working drawings detailing the means of installing the Work at the Site, including attachment methods for the Work, together with such other graphic material as may be requested by City in order to permit City to carry out structural design review. These drawings must have a State of Texas -licensed Engineer's and/or Architect's seal as required by City. v. Final budget for the Work with written estimates attached for supplies and services provided by others on the budget form, attached hereto as Exhibit "C," for implementation of the Work through an Artwork Commission Contract with the City (see Section 1.5). lie Artist shall present the Final Design to the Community Group and City for review and input and to the Fort Worth Art Commission for approval. b. Artist shall provide the Final Design presentation materials to the Contract Manager to become part of the City of Fort Worth Public Art archive owned by the City of Fort Worth. These documents, models and/or drawings will be retained for archival and exhibition purposes. Artist's Final Design and all other work products under this Agreement shall become the property of City, without restriction on future use (See section 4. La). 1.5. Implementation Budget Total. Artist shall develop a Final Design that is financially feasible relative to the budget for implementation. It is understood that the budget for implementation %J the Final Design shall not exceed FORTY FIVE THOUSAND DOLLARS AND NO CENTS ($45,000), reflecting total costs and inclusive of materials, labor, fabrication, delivery, installation, insurance, Artist's fees, all other associated costs for the Work, as well as Artist's participation in an educational event associated with the Fort Worth Public Art program at a mutually agreed upon date, and a project contingency of 10% of the project's hard OFFICIAL RECORD 4 CITY SECRETARY FT. WORTH, TX costs which shall be held in the Artist's project budget, as well as an additional project contingency of 10% of the project's hard costs which shall be held out separately from the Artist's project budget. 1.6. Design Review. a. The City may require the Artist to make such revisions to the Final Design as are necessary for the Work to comply with applicable statutes, ordinances or regulations of any governmental regulatory agency having jurisdiction over the Site for reasons of safety and security. b. The City may also request revisions to the Final Design for other practical, non - aesthetic, reasons. c. Within thirty (30) days of its receipt of the Artist's submission of the Final Design, the City shall notify the Artist of its approval, or disapproval, of such submission and of each revision made in the Final Design. Revisions made pursuant to this Section 1.6, upon approval by the City, shall become part of the Final Design. d. If the Final Design or any required revision is disapproved by the City, the Artist shall have a reasonable amount of time to resubmit the Final Design in conformance with the City's requirement. e. If resubmitted materials are not approved by the City, this Agreement may be terminated at the City's option, with payment for work performed per the payment schedule in Section 2.1. f. Upon the expiration of the Term, as hereinafter defined, of this Agreement, if the Final Design is accepted by the City and funding is appropriated by City Council, negotiations for fabrication, delivery and installation of the Work shall commence, which shall become part of the deliverables under the subsequent Artwork Commission Contract. OFFICIAL. RECORD CITY SECRET�iRY FT. WORTH, TX �7 Y ARTICLE COMPENSATION AND PAYMENT SCHEDULE 2.1. Fixed F The City shall pay the Artist a fee not to exceed FIVE THOUSAND DOLLARS AND NO CENTS ($5,000.00) (the "Fee"), which shall constitute full compensation for all services performed and materials furnished by the Artist under this Agreement, inclusive of preliminary and final designs, budget development, and incidental costs. The Fee shall be paid as follows: (a) ONE THOUSAND FIVE DOLLARS ($1,500) upon execution of this Agreement, recognizing that the Artist has already invested time and expense in preliminary coordination with the Contract Manager and the Community Group. (b) TWO THOUSAND FIVE HUNDRED DOLLARS ($2,500) within thirty (30) days after the Artist presents the deliverables outlined in Section 1.3.b.i to the Community Group for input (see Section 1.3.b.ii). (c) ONE THOUSAND DOLLARS ($1,000) within thirty (30) days after City notifies the Artist of its approval of detailed design drawings, working drawings and other items required under Section 1.4. (see Section 1.5). 2.2. Sales Taxes. The City is a tax-exempt organization and no state or local sales taxes or federal excise taxes shall be due upon the Work. The City shall supply Artist with the "Texas Sales Tax and Local Sales Tax Exemption Certificate," in substantially the same form as that attached hereto as Exhibit "D," and will assist Artist in ensuring that appropriate measures are taken so that no sales taxes are charged on services and materials furnished by Artist's vendors. 2.3. Artists' Expenses The Artist shall be responsible for the rajyments of all mailings or shipping charges, including insurance, on submissions to the City and the costs of all travel by the Artist, except as otherwise provided, and the labor costs for Artist's agents, subcontractors, and employees and all other expenses necessary for the proper performance of the services required under this Agreement. OFFICIAL RECORD CITY SECRETIARY Fi: WORTH, TX ARTICLE 3 TERM AND TERMINATION 3.1. Term This Agreement shall be in effect from the date stated in the first paragraph of this Agreement, and, unless terminated earlier pursuant to such provisions in this Agreement, shall extend until final payment to Artist by City, whichever is later. 3.2. 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. 3.3. Termination for Cause If either party to this Agreement shall willfully or negligently fail to fulfill in a timely and proper manner, or otherwise violate, any of the covenants, agreements or stipulations material to this Agreement, the other party shall thereupon have the right to terminate this Agreement by giving written notice to the defaulting party of the intent to terminate specifying the grounds for termination. The defaulting party shall have thirty (30) days after receipt of the notice to cure the default. If it is not cured, then this Agreement shall terminate. Termination of this Agreement under this provision 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. 3.4. 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) days before termination. The notice shall specify whether the termination is for convenience or cause. b. If the termination is for the convenience of City, Artist shall have the right to fees for work performed, in which event City shall have the right at its discretion to possession and transfer of title to the sketches, designs, original proposal paintin s or illustration' ns; OFFICE¢: r;gDRD CITY SECRETARY 7 FT. WORTH, TX fabrication samples, and models already prepared and submitted or presented for submission to City by Artist under this Agreement prior to the date of termination, provided that no right to fabricate or execute the Work shall pass to City. c. If termination is for the convenience of Artist, Artist shall remit to City a sum equal to all payments (if any) made to Artist pursuant to this Agreement prior to termination. 3.5. Incapacity of Artist a. In the event of Artist's death or Artist becoming physically or legally incapacitated during the term of 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 death or incapacity. All finished and unfinished drawings, sketches, photographs, models and work shall become property of City. b. Should Artist's Final Design have been approved or if Artist's work has progressed to the point of fabrication of the Work, in the event of termination under this Section 3.6, City shall have the right to complete the Work. Due regard shall be made for Artist's intended results and proper credit and acknowledgement shall be given to Artist. ARTICLE 4 REPRODUCTION RIGHTS General a. Upon payment in full to Artist, Artist's Final Design and all other work products under this Agreement shall become the property of the City, without restriction on future use except as provided below. Artist may retain copyright and other intellectual property rights in and to the Final Design. By execution of this Agreement, Artist grants to the City a perpetual, irrevocable license to graphically depict or display the Final Design and Work for any non-commercial purpose whatsoever; for purposes of this limitation, any graphic depiction or display of the Final Design or Work intended to promote or benefit the 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 the City, shall be deemed anon -commercial purpose. �3FI=iCIAL RECO�ti� CITY SECRETARY I'`. NORTH, TX b. The City shall take title to all documents and/or drawings, which constitute or are components of the Preliminary Proposal and the Final Design, upon final approval of the Final Design. These documents and/or drawings will be retained for archival and exhibition purposes. c. Artist reserves every right available under the Federal Copyright Act to control the making and dissemination of copies or reproductions of this Preliminary Proposal and Final Design, except as those rights are limited by this Agreement. The City may make d disseminate photographs, drawings, and other two-dimensional reproducti anons of the Preliminary Proposal Final Design 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." d. Nothing in this Agreement shall prevent the Artist from using images of the Final Design or Work for marketing and promotional purposes in connection with the Artist's business, provided, however, that Artist shall make its best effort to credit City for commissioning the Work whenever possible. e. City is not responsible for any third party infringement of Artist's copyright and not responsible for protecting the intellectual property rights of Artist. 4.2. Artist's Address The Artist shall notify the City of changes in the Artist's address set forth in Article 10. The failure to do so, if such failure prevents the City from locating the Artist, shall be deemed a waiver by the Artist of the right subsequently to enforce these provisions that require the express approval of the Artist. Notwithstanding this provision, the City shall make every reasonable effort to locate the Artist when matters arise relating to the Artist's rights. ARTICLE 5 WARRANTIES 5.1 Warranties of Title The Artist represents and warrants that: (a) The Final Design shall be the original product of the Artist's sole creative°efforts. RECORD 0 (Al Y SECRETARY FT. WORTH, TX (b) The Final Design is and will be unique and original, and does not infringe upon any copyright or the rights of any person; (c) Artist has not sold, assigned, transferred, licensed, granted, encumbered or utilized the Final Design or any copyright related thereto which may affect or impair the rights granted pursuant to this Agreement; (d) Artist has the full power to enter into and perform this Agreement and to make the grant of rights contained in this Agreement; (e) All services performed hereunder shall be performed in accordance with all applicable laws, regulations, ordinances, etc., and with all necessary care, skill and diligence; (F) ARTIST SHALL ASSUME THE DEFENSE OF, AND INDEMNIFY AND HOLD HARMLESS, THE CITY, ITS OFFICERS, EMPLOYEES, AGENTS, AND CONTRACTORS FROM AND AGAINST ALL CLAIMS, LOSSES, DAMAGES, ACTIONS OR EXPENSES OF EVERY TYPE AND DESCRIPTION, INCLUDING ATTORNEY'S FEES, TO WHICH THEY MAY BE SUBJECTED ARISING OUT OF THE CITY'S USE OR POSSESSION OF THE FINAL DESIGN BY REASON OF AN ALLEGED OR ACTUAL COPYRIGHT VIOLATION OR OTHER LACK OF OWNERSHIP, AUTHORSHIP, OR ORIGINALITY. THIS SECTION 5.1(F) SHALL SURVIVE THE TERMINATION OR EXPIRATION OF THIS AGREEMENT. ARTICLE 6 ARTIST AS INDEPENDENT CONTRACTOR The Artist shall perform all work and services hereunder as an independent contractor, and not as an officer, agent, servant or employee of the City. The 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 the City and the Artist, his/her officers, agents, employees and subcontractors, and doctrine of respondeat superior has no application as between the City and the Artist. OFFICIAL RECORD CITY SECRETARY F 7 WORTH, TX 10 ARTICLE 7 INDEMNIFICATION (a) ARTIST COVENANTS AND AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND, AT ITS OWN EXPENSE, CITY AND ITS OFFICERS, AGENTS, SERVANTS, AND EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY LOSS OR DAMAGE AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH THE EXECUTION, PERFORMANCE, ATTEMPTED PERFORMANCE OR NONPERFORMANCE OF THIS AGREEMENT AND/OR THE OPERATIONS, ACTIVITIES AND SERVICES DESCRIBED HEREIN; AND ARTIST HEREBY ASSUMES ALL LIABILITY AND RESPONSIBILITY OF CITY AND ITS OFFICERS, AGENTS, SERVANTS, AND EMPLOYEES FOR ANY AND ALL CLAIMS OR SUITS FOR PROPERTY LOSS OR DAMAGE AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER KINDS OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH THE EXECUTION, PERFORMANCE, ATTEMPTED PERFORMANCE OR NON-PERFORMANCE OF THIS AGREEMENT AND/OR THE OPERATIONS, ACTIVITIES AND SERVICES DESCRIBED HEREIN. ARTIST LIKEWISE COVENANTS AND AGREES TO AND DOES HEREBY INDEMNIFY AND HOLD HARMLESS CITY FROM AND AGAINST ANY AND ALL INJURY, DAMAGE OR DESTRUCTION OF PROPERTY OF CITY, ARISING OUT OF OR IN CONNECTION WITH ALL ACTS OR OMISSIONS OF ARTIST, ITS OFFICERS, MEMBERS, AGENTS, EMPLOYEES, SUBCONTRACTORS, INVITEES, LICENSEES, OR PROGRAM PARTICIPANTS. (b) ARTIST AGREES TO AND SHALL RELEASE CITY, ITS AGENTS, EMPLOYEES, OFFICERS AND LEGAL REPRESENTATIVES FROM ALL LIABILITY FOR INJURY, DEATH, DAMAGE OR LOSS TO PERSONS OR PROPERTY SUSTAINED BY ARTIST IN CONNECTION WITH OR INCIDENTAL TO PERFORMANCE UNDER THIS AGREEMENT. OFFICIAL REC4RC CITY SECRETARY F'i: VNORTH, TX 11 (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. (d) All indemnification provisions of this Agreement shall survive the termination or expiration of this Agreement. ARTICLE 8 MISCELLANEOUS 8.1. Compliance The Artist shall comply with all Federal, state and local statutes, ordinances and regulations applicable to the performance of the Artist's services under this Agreement. 8.2. 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. 8.3. 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 the City. 8.4. 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. 8.5. Governing Law and Venue If any action, whether real or asserted, at law or in equity, arises c CITI ° S�CREiARY 12 provision of this Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas — Fort Worth Division. This Agreement shall be construed in accordance with the laws of the State of Texas. 8.6. 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 the City and the Artist and their respective successors and permitted assigns. 8.7. No Third -Party Beneficiaries The provisions and conditions of this Agreement are solely for the benefit of the City and the Artist, and any lawful successor or assign, and are not intended to create any rights, contractual or otherwise, to any other person or entity. 8.8 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. 8.9. Force Majeure It is expressly understood and agreed by the parties to this 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; material or labor restrictions; transportation problems; or any other circumstances which are reasonably beyond the control of the party obligated or permitted under the terms of this Agreement to do or perform the same, regardless of whether any such circumstance is similar to any of those enumerated or not, the party so obligated or permitted shall 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 was delayed. ®FFICIAL REC®RD CITY SECRETARY 13 FT. WORTH, TX 8.10. Contract Construction The parties acknowledge that each parry 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. 8.11. Fiscal Funding Out If for any reason, at any time during any term of this Agreement, the 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 the City to the Artist of written notice of the City's intention to terminate or (ii) the last date for which funding has been appropriated by the City Council for the purposes set forth in this Agreement. 8.12. Captions Captions and headings used in this Agreement are for reference purposes only and shall not be deemed a part of this Agreement. 8.13 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 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, the Artist shall make all Records available to the City at 1000 Throckmorton 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. Notwithstandiniz anything to the contrary herein, this Section 8.13 shall survive expiration or earlier termination of this Agreement. �FFICIAI, RECORD CITY SECRETARY FT. WORTH, TX 14 8.14 Certified MWBE If applicable, Artist shall make its best effort to become a certified Minority/Women Business Enterprise (M/WBE) firm with a certifying agency whose certification is accepted by the City under the City's M/WBE ordinance. ARTICLE 9 EQUAL OPPORTUNITY a. Artist shall not discriminate against any employee or applicant for employment because of age, disability, race, color, religion, sex, sexual orientation, national origin, or familial status. Artist shall take affirmative action to ensure that employees are treated equally during employment, without regard to their race, color, religion, sex, sexual orientation and national origin. Such action shall include but not be limited to the following: Employment, upgrading, demotion, transfer, recruitment or pay or other forms of compensations, and selection for training, including apprenticeship. b. Artist shall state in all solicitation or advertisements for employment placed by or on behalf of Artist that all qualified applicants shall receive consideration for employment without regard to age, disability, race, color, religion, sex, sexual orientation, national origin, or familial status. c. Artist shall furnish all information and reports requested by City, and shall permit access to its books, records, and accounts for purposes of investigation to ascertain compliance with such rules and regulations. d. In the event of Artist's 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 10 NOTICES All notices, requests, demands, and other communications which are required or permitted to be given under this Agreement shall be in writing a��e�deem�d have been duly given upon the delivery or receipt thereof, as the ease: may.be,,ii deli�� 15 1 CITY SECRETARY FT. WORTH, TX personally or sent by registered or certified mail, return receipt requested, postage prepaid, as follows. L CITY OF FORT WORTH: Charles W. Daniels, Assistant City Manager City Manager's Office City of Fort Worth 1000 Throckmorton Street Fort Worth, TX 76102 Copies to: David Yett, City Attorney Law Department 1000 Throckmorton Street Fort Worth, TX 76102 Martha Peters, Public Art Director Arts Council of Fort Worth & TaiTant County 1300 Gendy Street Fort Worth, TX 76107 ARTIST Eliseo S. Garcia 3464 Bevann Drive Dallas, TX 76107 [SIGNATURES APPEAR ON FOLLOWING PAGE.] OFFICIAL RECORD CITY SECRETARY T. WORTH, TX IN WITNESS HEREOF, the parties hereto have executed this Agreement on this day and year first written above. CITY OF FORT WORTH w . liameis ARTIST Eliseo S. Garcia Date: H f 31 o 8 /*'V 1, f APPOVED A TO FORM: %A�TT�ESTED BY: l� Ltak Leann Guzman Marty Hendrix Assistant i Attorney t Date: City Secretary � \\ Date: 1 Z O� NO 1Vt&� Itl;t;�IJII,EA���,. OFFICIAL RECORD CITY SECRETARY FT WORTH, TX 17 Exhibit A: Site Overton Park: Southeast corner of intersection of Bellaire Drive South and Overton Park West, Fort Worth, TX i i i. i �,,ig` Ci pErtttikhrt u rFidleq i i ;, ,or GSe�w�'d� iR _ -- - tiVeStetff Rd �I r . �NN.V o• — 4 o L; :.1 1, Cru'•(.Sy ��'r ?a 3c. Vlest€kff go S y� RQst . Fitlito Rd - a S tips 001 HIBs Ave OFi=Ii.IAL RECORD CITY SECRETARY FT. WORTH, TX Exhibit B: Artist's Qualifications E(i$Qa S, Gartria Sculptor 34h4 t3uvann Dervn Dallas TX 752,U 21 4OI A388 lar�+tear+n.alt rpm �vr►ne nzutptflr[a�sro tom �6t1GATiON AA EI Genlro College, 1971 BFA, North Texas State Urxvrrsily 1973 MILItARY SERYiCE efftlarrt Veteran Gf)MMIT7BES 7{X15 U10%rh adetsl+ed thctfeet Ftxt WorlltPU I Select+ore Panel 1004 f hurgood MarsNP Aquatic rranter Nt►tt Art Prc*cl Panelist w003 Watt Love Field Library Athut Selection Piww±I z003 Marlin Luther KirQ Jt Community Cenl?rr Artist SeUxliom t Panel 2001 Julius Sd*i pps Artist Selecton Parcel WO The Latin ,Anti Association of FI Worth "Artrstas de las Armencao Conn iltm member 1997. IM Smilhern MGlhodist Uorvetsity Maadows Museum Advisory Council 1991-tgl)8 Review Panelml for the Lalwflo Arty imnatrves Progiarn t 991 .Juror Panel for they OCCCO Foundation Ad Competition t598 Martin mmss park and Recreation Cesntot ('uric Art Noted Ar mt SakwAion Panel CALLEFttES i lit f7nwney �dlfary 25 Canyon Road Sianta Fe NM 87501 LA Tl+txnpson Gallery at Firm Art Ghftun. TX. 7crfi3a Suer tiexrt►e (ute itrvert and Fashrcx► f3a+itiratre GGI�+yvNIC tX SCUIPTtJRE 1N PUBt1G Pta4sJES 2t107 Japar+-Amerr� stx:�ty of t?a�a�Ft 1/t+tritr i`e>Eas Stcne Suture. Serid�r Japan [}(Y5 f�uhgc iV1 Gommris;�Qn for the tarty of Qalf FIre Statrnn w 3 2005 Public Art Commipam for then tarty of Fnscp RercreatwOquatic Cantor 2005 Dallas, TX Public All Commeision Sammons Center for the Arta, 3 Ufa•Sizra Bronze Dancing Frtlures 3Qd5 Dallas, TX Publre Act Comm►ssm Arcaa+a P.tA Library fvt h+1ec#uta1 Fir*ze (Bas Relief PaIX45) 2005 Nonh Richland Hills Pubic Art Commission for Tommy and Sue 13tsrwn Gily Park 2{)05 North Richland Hills Public Art Commission for Fire Station 01 OFFICIAL RECORD CITY SEGRETARV FT. WORTH, TX 19 2t701 CtIX of trvrrxJ 2nd F'ubl Art Commission fttr 5tr�ey Rand "Via ZD9I City of Irving Public Art purchase of "The Joyful Graces` 2W1 Installation of 'Matemal Caress" Sculpture at Nall Frnancral Group Scupture Garden ?,001 Irvintj Art Center (Duldoor Sculpture t=xtrtb4on Honorarrum '"Yuri Joyful Gr acns`' 7.000 Three Etas -Relief Family S#vvs Parcels for Pathland Hospital t W Outdoor Grande Sttjifp(ute Cornmssion (of One Telecun Office Ev>tiltng t96`8 Indoot ScuPture ter POST Pfopc%tlres Uptown Leasing Celiler Heights of Stag Thomas l 08 Otjtdrxx Terrace Aripril Comtnimron far Post Properties 141ock s8o I �8 Caromisslon for Live% Oaks LOW LTC? - Two Metal Garden Metal Sculptures and Iwo Lobby Relief Metal Scailplures tt�96 Gardon Sculpture Commission by Porto Bello by the Creek Condarnimurn Complex t P94 Ditlmc Area Rapid TransA Public Art Awrj1rd2Wttstmnretarid Stanrxl @XMIHITICINS 057 varkn Cities Presbyterian Churrdl Juried Arts Festival Psalm 23 ?006 Wiechda falls Kemp C,.enter for the Arls Invitalrornol Outdoor Sculpture Fxhiblteprl 2005 Waco Texas Jurled Irrtntalbon.al Outd0w 5cedpture Exhibition (Scutt)4ure Purctiased) ZOOM Antes Lis Amermars Gallery, Houston, TX 2003 Fart Side Vivage Gallery Solo Exhibition flaw, TX ?003 Juned L Mine Cultural CmMcr's inaugural ElrhiWton Daft", 1 X 2003 Juned Contra Cultural de las Americas Exhibition F1 Worth Community Art Center 10D3 Art in the Courtyard, Solo Scu IAvre Exrclbdton Plano, Texas 26D2 aravinitxe Houser Solo Sculpture Exhibition, Lirnextone 'Now Explorations' 2002 Bath House Cultural Center'FI Cora2an' Group Exhibition �001 ChaNe Chafter Stucco GrrAlp Exhbiiian 20011 Wth Houses Ctiitur2! Center "Fou Elemer%W Group Exhibition ?DOt-20A? (rvvV Art Corder, Garden Sculpture Exhttxtton 2)D7 Arlistim do las Arttencas Eahibil Central Library Arts Gallery I AS Collin County Comm urtrty C (Aege Juried *Outdoor Art Exhibit' 1 )5isl Alyee n C;uollar-Mani Jurtlt Sculpture `Matetnai Caress' t099 C :lllety Sculptura, Group €xtubdion Cincinnati, Oil 1g9$Gallefy 209 Group Exh6tton'FIGURE WORKS' t )97 Gallery 20 one Man Extntstwn `LmwstoW A study of Textural Contrast i+096 Dallas Vrxuai An Center presents MtAa3 s ELISEO Sponsored by E Xxon Corporation and This Dallas MrATvng N&Ary SELECTEE} Ct3hIMAI$810M1's 24D! Japan-Anler,4.a Sac#ety cif Llallxs r'Ft Werth Texas Sculpture for Staler City. Sendai, Japan 2001 Designer ,and Sculptor for VRA iVolun100r Hoapttai% of America) Amirds t 97 Desjg; 1ScWptor for C:ammuntty Counc_it of Greater Dallas 'Community Champions' fironze Sculpture Award 1 KJ&2003 IJesigneriSculptor for the 11111 and Arigoa Barretti Award for Loytng Kcds Pt"Wed by Meeling Professopnals Into4nal oral IVFW Chapter at the MPI Kids Charity Hall QFFICIAL REC®RD CITY SECRETARY FT WORTH, TX 20 ,I 1 Exhibit C: Implementation Budget FART WQRTH PU811C Af{T RRO,>EGT f3110t3Ef Please a mpfele Ilia form end attach a signed receipt or estimate complete with per unit caa& (no bimp morns) fir all items designated vidh an asbarilq'). ARTIST'S PEE (1S'.<,} THAYEL I 'or artists %43 live more than 50 miles irom Fort Worth) Airfare Gat Rental Par Diem E"rras at:;_ par day Mileage at $_ per mile INSURANCE AuWHired Yehicle Liabilty General Uabillly for Artist t SdbaaMractors WotivAr'c Camp. ! Emplvfer's Liability Culler, as applicable ADNINISTAATiVE E%PENSES PI»rw.�Fa.: defvary�5lippirg (icr corrr�purdanca, �mpir, modals. drawit� atol Reprograplic Service Or.,prrright Registration Supplies PRQFE6SM}tfA6 CONS" ULTANT FEES Ili applicable. drawing must be sigrred arrJ eealed 6y a proiessimal registered ifl pratGce it the Stale of Taxasl Archit4wX Strucrural Enr�naer' E_1a_•Irical Enoinaar' Laneenalur' PhW.Taphar ttcr documentaflon of rARpleted x+4dKi` t3Uter' R LATE AIALS IPteaeA atach a completa list of materials. Iterrize all anticipated aspects and earnpamnts vith per unit costastimales) Alaieriala' Tate) FRBRiGATION COSTS ilnck- de and iterreie All particrta of wbcontrox;"d mrk and NVrlr 10 be compwed by (list) Artist's Labor (_ hours at S_ Fffi hour Total Subcanua ted Labor' (retail FacilltyfEquipment Rental treed exclursirely for this project) Waled to fabrksa..ton 51T[ PREPARATION Ira nrit Ir•-iu1e crc;.0 wv8red by MPA. 01Y cif FrOWorlh orcrhers) Task ❑rilbig' fiert»val' Land scap inGlI rriga lion' Eteztrical hh.,diTratiain' OF(r=1DiAL RECORD CITY SECRETARY T. WORTH, TX 21 Continued � Exhibit C: Implementation Budget Form TIiANSPOFTATIQN BASE'IN4UNTNCa 1Vater Wark'fAeoltaNeal L'evkea richer` Materials to Fahricafim Site` Flri bed Work to Installation Sites Cther• ftornGn7 Dr+ices and Campmenla FrxtMarivn,' FodSria Other INSTAlLAT11(?N COSTS Ii oats must fnctudeallvwanq^a for altar hours Inetallation, if awleaw. Please atraol, a oornplete list of equipment and individual eofimales with this farm) I�QHTIHSi COt{TIffG[NCY GRAND Pc7iAL Plc+aee nuke any necsasa�' Holes mere: Pre -pared E3y: Dale: Stiacor,tractad Labor' ScaHgldry' Equipment I'AMal related to irctnllaEonA Off-duq' PolwiSeovIty. Trafli_ Barriers' Storage Facility Rental, - Aty PennlM Display DaVicos Flrep*oNVt Site Resterabon• Cther' Designers' Futures' P_ulEc' Site Preparation' Installabon' itt46 of herd shale (to he nekf InartiaYs Ndgetl t Il% of hard costs ito W held bf the Cityl OFFICIAL RECORD CITY SECRETARY T. WORTH, TX 22 , Exhibit D: Sales Tax Exemption T'&XA.S CERTIIzICAT;F: ) , I; ` i cl9itn an exeatpiiun from psy?ncttt of sales attd nse tuxes for Ute purchase of to;able items desetibed below or on the attacbcd order of invoice Des�i2ptinn of ltciuc {ot an altaelsed order or invoice)'1'o 13c Prgchascd: All Iteurr I elaim this exemption for the followit� teaujn; Name of"cxcmpt organization: Cjty a %10 North Texas Sales and Use Tax PeTmIt Numbet 1-75-600t1 M6 Project for which matetials and supplies are purehawd: I understand that I vrill t>� liable for pay�rent of sales tax, whitih may become due for fvltue to comply with the provisiort7 of the state, city, wdrot' nicttopolitan Uansit ttuthority sales and une tax laws and comptroller rules regarding exempt purchases liability for the vix will be detetmint;d by the price. paid for the taxable, items puichased or the hir maTkCt rental val[ia fat the petiod of time used. I nn[lers4.ind that it is a tuisdetve-aucst to give an exemption ccitificate to the scllrr for tsxahlc itcmtr �shir.}t .l know, at the tithe of ihv purchase., will be usezl in a manner ntlter than that expensed in this certifcato and, upon conviction, may be fined up to $500 per offense. Tax 1?xcrrtpt Status Atrc to Being a Govetnntcntal Entity Putchimer: City ofFottWbith $ttr4 Addles; 000 Tbrockmotton SLrta City, Stater Zip Code; Fort Worth Texas 76102 Sigtr Here: _ I}ato: �7fi�(J7 Phone: (8171.39Z-E:325 "CIri.9 ccrt[fica#s does not require a nlwtber to be valid_ Sa[ry and u-ae tax "cxcmpdon uumhers" or "#ex cxanpt" ntrnibers do not exist. This cettifica#e s3[nuld ho tinnish�� tv rho supplier Do not raid the completed Gczfificate [,� rho t;Jomp[roilcr Qf.l'ubtic �ccnants. WORTH, TX OFFICIAL RECORD CITY SECRETARY FT: 23 Exhibit D: Sales Tax Exemption T'&XA.S CERTIIzICAT;F: ) , I; ` i cl9itn an exeatpiiun from psy?ncttt of sales attd nse tuxes for Ute purchase of to;able items desetibed below or on the attacbcd order of invoice Des�i2ptinn of ltciuc {ot an altaelsed order or invoice)'1'o 13c Prgchascd: All Iteurr I elaim this exemption for the followit� teaujn; Name of"cxcmpt organization: Cjty a %10 North Texas Sales and Use Tax PeTmIt Numbet 1-75-600t1 M6 Project for which matetials and supplies are purehawd: I understand that I vrill t>� liable for pay�rent of sales tax, whitih may become due for fvltue to comply with the provisiort7 of the state, city, wdrot' nicttopolitan Uansit ttuthority sales and une tax laws and comptroller rules regarding exempt purchases liability for the vix will be detetmint;d by the price. paid for the taxable, items puichased or the hir maTkCt rental val[ia fat the petiod of time used. I nn[lers4.ind that it is a tuisdetve-aucst to give an exemption ccitificate to the scllrr for tsxahlc itcmtr �shir.}t .l know, at the tithe of ihv purchase., will be usezl in a manner ntlter than that expensed in this certifcato and, upon conviction, may be fined up to $500 per offense. Tax 1?xcrrtpt Status Atrc to Being a Govetnntcntal Entity Putchimer: City ofFottWbith $ttr4 Addles; 000 Tbrockmotton SLrta City, Stater Zip Code; Fort Worth Texas 76102 Sigtr Here: _ I}ato: �7fi�(J7 Phone: (8171.39Z-E:325 "CIri.9 ccrt[fica#s does not require a nlwtber to be valid_ Sa[ry and u-ae tax "cxcmpdon uumhers" or "#ex cxanpt" ntrnibers do not exist. This cettifica#e s3[nuld ho tinnish�� tv rho supplier Do not raid the completed Gczfificate [,� rho t;Jomp[roilcr Qf.l'ubtic �ccnants. WORTH, TX OFFICIAL RECORD CITY SECRETARY FT: 23