HomeMy WebLinkAboutContract 41783 (2)Gig ii° SECRETARY
CONTRACT NO. `i I l Z3
AGREEMENT BETWEEN THE CITY OF FORT WORTH
AND RAYMOND WADE FOR CONCEPTUAL DESIGN OF PUBLIC ARTWORK FOR
THE GUINN SCHOOL PLAZA
This Agreement is entered into this t 1 ` 4-% day of iniNa , 2011, (the "Effective
Date") by and between the CITY OF FORT WORTH ("City"), a home -rule municipal
corporation of the State of Texas, acting by and through Fernando Costa, its duly authorized
Assistant City Manager, and Raymond Wade ("Artist"), an individual, of 6107 Heatherglen
Drive, Arlington, Texas 76017. City has designated the Arts Council of Fort Worth and Tarrant
County, Inc., (the "Contract Manager") to manage this Agreement on its behalf. The Contract
Manager shall act through its designated Public Art Project Manager.
WHEREAS, City is implementing the Fort Worth Public Art Program pursuant to
Chapter 2, Sections 2-56 through 2-61 of the Fort Worth Code of Ordinances in order to create
an enhanced visual environment for Fort Worth residents, to commemorate City's rich cultural
and ethnic diversity, to integrate the design work of artists into the development of City's capital
infrastructure improvements and to promote tourism and economic vitality in City through the
artistic design of public spaces;
WHEREAS, City is designing and constructing a plaza on the historic James E. Guinn
campus on the southwest corner of East Rosedale Street and I-3 5 W, known as the Guinn School
Plaza in Fort Worth, TX, as shown on the map attached hereto as Exhibit "A" and incorporated
herein (the "Site");
WHEREAS, the Fort Worth Art Commission (the "FWAC") has recommended funds
from the Specially Funded Capital Projects Fund in its Fiscal Year 2011 Annual Work Plan to
design and implement public art for the Guinn School Plaza (the "Work"), which the Fort Worth
City Council approved on October 26th, 2010 (M&C G-17095);
WHEREAS, City hired Navarette Studio to create a public art master plan for the Guinn
School Plaza (attached hereto as Exhibit "B"), and Navarrette Studio identified two (2) upright
steel structures at the Site as public art opportunities;
WHEREAS, Artist was competitively selected through a process outlined in the Fort
Worth Public Art Master Plan conducted by the Contract Manager, with oversight of the FWAC,
to develop a conceptual design for artwork for the steel structures that highlight the history of the
James E. Guinn School, the surrounding community, and the Guinn ontrib tions to
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OFFICIAL aEGORD
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education in the region (the "Conceptual Design") in coordination with artists that are creating
artwork addressing the bench tops at the Site ("Bench Artists") and Komatsu Architects, the
project consultant ("Project Consultant"); and
WHEREAS, City and Artist wish to set out the terms and conditions for Artist's
participation in the project.
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 AND DELIVERABLES
1.1 Scope of Services.
a. Artist shall, in coordination with Bench Artists and Project Consultant, create the Conceptual
Design for the Work for the two (2) steel structures at the Site that highlight the history of the
James E Guinn School, the surrounding community, and the Guinn Family's contributions to
education in the region.
b. Artist shall, in coordination with Bench Artists, determine the artistic expression, scope
design, color, size, material, and texture of the Conceptual Design, subject to review and
input from the community group and approval by City as set forth in this Agreement.
c. Artist shall present the Conceptual Design to the designated community stakeholder's group
and City for input at a date and time mutually agreed upon.
d. Artist shall present the Conceptual Design to the FWAC for approval at a regularly scheduled
meeting.
1.2 Conceptual Design Dehverabies
a. Artist shall perform the services and furnish all supplies, materials, and equipment necessary
to complete the Conceptual Design and provide certain deliverables as set forth in this
Section 1.2.a.i.-iv. (collectively the "Conceptual Design Deliverables") for City approval
within three (3) months of the Effective Date of this agreement:
i. Two (2) conceptual design illustrations showing the proposed Work for each steel
structure with at least one illustration showing the Work's size and placement in
relation to the Site; these illustrations shall be approximately 20" x 30" and mounted
on foam core and/or supplied in a high resolution digital format.
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ii. Conceptual Design narrative describing: (1) Concept for design; (2) Proposed
materials and fabrication methods; and (3) Estimated budget for Work, including final
design, fabrication, and installation costs
iii. Copy of Artist's PowerPoint presentation of the overall Conceptual Design, if any.
iv. Four copies and the electronic file of the final Conceptual Design
brochure/document/drawings/diagrams.
b. Deadlines for submission of Artist's deliverables may be extended by mutual written
agreement between Artist and the Contract Manager.
c. Upon approval, Artist shall provide the Conceptual Design presentation materials to the
Contract Manager to become part of City's Public Archive.
1.3. Implementation Budget Total.
Artist shall develop a Conceptual Design that is financially feasible relative to the budget for
implementation. It is understood that the budget for implementation of the Conceptual Design is
estimated to be FORTY-SIX THOUSAND FIVE HUNDRED DOLLARS AND NO CENTS
($46,500.00), including, but not limited to, final design, materials, labor, fabrication, delivery,
installation, insurance, transportation, travel, and all associated costs for the Work, as well as a
fixed Artist's fee.
1.4. Conceptual Design Review.
a. City may require Artist to make such revisions to the Conceptual 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. City may also request revisions to the Conceptual Design at its sole discretion.
c. Within thirty (30) days of its receipt of Artist's submission of the Conceptual Design, City
shall notify Artist of its approval, or disapproval, of such submission and of each revision
made in the Conceptual Design. Revisions made pursuant to this Section 1.4, upon approval
by City, shall become part of the Conceptual Design.
d If the Conceptual Design or any required revision is disapproved by City, Artist shall have a
reasonable amount of time to resubmit the Conceptual Design in conformance with City's
requirement.
e. If resubmitted materials are not approved by City, this Agreement may be terminated at
City's option, with payment for work performed per the payment schedule in Section 2.1.
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f. Upon the expiration of the. Term, as hereinafter defined, of this Agreement, if the Conceptual
Design is accepted by City and funding is approved by the Fort Worth City Council,
negotiations for final design, fabrication, delivery, and installation of the Work shall
commence, and shall become part of the deliverables under a subsequent artwork
commission contract.
ARTICLE 2
COMPENSATION AND PAYMENT SCHEDULE
2.1. Fee.
City shall pay Artist a fixed fee in the amount of THREE THOUSAND FIVE HUNDRED
DOLLARS AND NO CENTS ($3,500.00) (the "Fee"), which shall constitute full compensation
for all services and materials to be performed and furnished by Artist under this Agreement,
including all costs. The Fee shall be paid in the following installments, each installment to
represent full and final payment for all services and materials provided prior to the due date
thereof:
a. One Thousand Dollars and No Cents ($1,000.00) upon execution of this Agreement.
b. One Thousand Five Hundred Dollars and No Cents ($1,500.00) within thirty (30)
days after Artist submits the "Conceptual Design Deliverables," as required in
Section 1.2.a.i.-iv. of this Agreement, and Artist makes a presentation of the
Conceptual Design to the designated community stakeholder's group and the FWAC.
c. One Thousand Dollars and No Cents ($1,000.00) within thirty (30) days after the
Conceptual Design is approved by City.
2.2. Sales Taxes.
City is a tax-exempt organization and no state or local sales taxes or federal excise taxes shall be
due upon the project. City shall supply Artist with the "Texas Sales Tax and Local Sales Tax
Exemption Certificate" in substantially the same form as that attached hereto as Exhibit "C" for
use by Artist in the fulfillment of this Agreement.
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2.3. Artist's Expenses.
Artist shall be responsible for the payments of all expenses incurred during the performance of
this Agreement, including, but not limited to, services, materials, mailing/shipping charges and
insurance on submissions to City, cost of all travel, and costs for Artist's agents, consultants,
employees necessary for the proper performance of the services required under this Agreement.
ARTICLE 3
TERM AND TERMINATION
3.1. Term.
This Agreement shall be in effect from the Effective Date, and, unless terminated earlier
pursuant to any provision 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 (the "Cure Period"). If the default is not cured during the Cure Period, 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
teens 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
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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, 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 artwork shall pass to City.
c. If teiniination 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 design have been approved or if Artist's work has progressed to the point of
fabrication of the Conceptual Design, in the event of termination under this Section 3 5, 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
OWNERSHIP OF DESIGN AND REPRODUCTION RIGHTS
4.1 General
The Conceptual Design and all other work product under this Agreement shall become
property of City, without restriction on future use, except as provided below. Artist shall retain
any of his copyright and other intellectual property rights in and to the Conceptual Design. By
execution of this Agreement, Artist grants to City a perpetual, irrevocable license to graphically
depict or display. the Conceptual Design for any non-commercial purpose whatsoever; for
purposes of this limitation, any graphic depiction or display of the Conceptual Design 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 final artwork implemented from the Conceptual Design to alter,
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change, modify, destroy, remove, move, replace, operate, maintain, transport, sell or transfer, in
whole or in part, the final artwork 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. City agrees to credit Artist as a
creator and copyright holder when it graphically depicts or displays the Conceptual Design.
4.2 Artist's Address.
Artist shall notify City of changes in Artist's address as set forth in Article 10. 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 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.
ARTICLE 5
WARRANTIES
5.1 Warranties of Title and Copyright.
Artist represents and warrants that:
a. The Conceptual Design and/or Work shall be the original product of Artist's sole creative
efforts;
b. The Conceptual Design and/or Work is and will be unique and original, and does not infringe
upon any copyright or the nghts of any person;
c. Artist has not sold, assigned, transferred, licensed, granted, encumbered, or utilized the
Conceptual Design and/or Work or any element thereof or any copyright related thereto that
may affect or impair the rights granted pursuant to this Agreement;
d. The Conceptual Design and/or the Work (or any duplicates thereof) have not been accepted
for sale elsewhere;
e. The Conceptual Design and/or the Work are free and clear of any liens from any source
whatsoever;
f. Artist has the full power to enter into and perform this Agreement and to make the grant of
rights contained in this Agreement;
g. All services performed hereunder shall be performed in accordance with all applicable laws,
regulations, ordinances, etc., and with all necessary care, skill, and diligence; and
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h. Artist shall assume the defense of, and INDEMNIFY AND HOLD HARMLESS, CITY,
ITS REPRESENTATIVES, OFFICERS, EMPLOYEES, AGENTS, AND
CONTRACTORS FROM AND AGAINST 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 WORK
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 expiration or earlier termination of this Agreement.
ARTICLE 6
ARTIST AS INDEPENDENT CONTRACTOR
Artist shall perform all work and services hereunder as an independent contractor, and not as an
officer, agent, servant, or employee of City. Artist shall have exclusive control of, and the
exclusive right to, control the details of the work performed hereunder, and all persons
performing same, and shall be solely responsible for the acts and omissions of his/her officers,
agents, 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 7
INDEMNIFICATION
a. ARTIST COVENANTS AND AGREES TO INDEMNIFY, HOLD HARMLESS AND
DEFEND, AT ITS OWN EXPENSE, CITY AND ITS REPRESENTAIVES, OFFICERS,
AGENTS, SERVANTS, AND EMPLOYEES FROM AND AGAINST ANY AND ALL
CLAIMS OR SUITS FOR PROPERTY LOSS OR DAMAGE AND/OR PERSONAL
INJURY, INCLUDING, BUT NOT LIMITED TO, 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, PROVIDED THAT SAID CLAIMS OR SUITS ARE CAUSED BY
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ARTIST'S NEGLIGENCE OR WILFUL MISCONDUCT; AND ARTIST HEREBY
ASSUMES ALL LIABILITY AND RESPONSIBILITY OF CITY AND ITS
REPRESENTATIVES, OFFICERS, AGENTS, SERVANTS, AND EMPLOYEES FOR
ANY AND ALL CLAIMS OR SUITS FOR PROPERTY LOSS OR DAMAGE AND/OR
PERSONAL INJURY, INCLUDING, BUT NOT LIMITED TO, 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, PROVIDED THAT SAID CLAIMS OR SUITS ARE CAUSED BY
ARTIST'S NEGLIGENCE OR WILFUL MISCONDUCT. ARTIST LIKEWISE
COVENANTS AND AGREES TO AND DOES HEREBY INDEMNIFY AND HOLD
HARMLESS CITY FROM AND AGAINST ANY AND ALL INJURY, DAMAGE,
AND/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 REPRESENTATIVES,
AGENTS, EMPLOYEES, OFFICERS, AND LEGAL REPRESENTATIVES FROM ANY
AND ALL LIABILITY FOR INJURY, DEATH, DAMAGE, AND/OR LOSS TO PERSONS
OR PROPERTY SUSTAINED BY ARTIST IN CONNECTION WITH OR INCIDENTAL
TO PERFORMANCE UNDER THIS AGREEMENT.
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. Artist agrees to accept indemnification provisions in substantially the same form as above in
any future design or commission contracts, including, but not limited to, any subsequent final
design contract or artwork commission contract.
e. All indemnification provisions of this Agreement shall survive the termination or
expiration of this Agreement.
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ARTICLE 8
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, familial status,
transgender, gender identity, or gender expression. Artist shall take affirmative action to
ensure that employees are treated equally during employment, without regard to their age,
disability, race, color, religion, sex, sexual orientation, national origin, familial status,
transgender, gender identity, or gender expression. Such action shall include, but not be
limited to, the following: Employment, upgrading, demotion, transfer, recruitment or pay or
other farms of compensations, and selection for training, including, but not limited to,
apprenticeship. Artist agrees to post in conspicuous places, available to employees and
applications for employment, notices to be provided by City setting forth the provision of this
nondiscrimination clause.
b. Artist shall, in all solicitation or advertisements for employment placed on or on behalf of
Artist, state that all qualified applicants shall receive consideration for employment without
regard to race, color, religion, sex, sexual orientation, national origin, familial status,
transgender, gender identity, or gender expression.
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 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 9
MISCELLANEOUS
9.1. Compliance.
Artist shall comply with all Federal, State, and City statutes, ordinances, and regulations
applicable to the performance of Artist services under this Agreement.
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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 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.
9.4. 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.
9.5. 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 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.
9.6. 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 their respective successors and peirnitted
assigns.
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.
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9.8 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.
9.9. 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 teams 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.
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 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.
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.
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9.13. Artist's Address.
Artist shall notify the Contract Manager of changes in address.
9.14. Surviving Covenants.
The covenants and obligations set forth in this Agreement shall not survive the death or legal
incapacity of Artist.
9.15 City's Right to Complete.
In the event of the death or legal incapacity of Artist, City shall have the right to complete the
Work and shall give credit to Artist, as appropriate.
9.16 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 Tenn of this Agreement and for three (3) years thereafter, Artist shall make all Records
available to City at 1000 Throckmorton. 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
Section 8 16 shall survive expiration or earlier termination of this Agreement.
9.17. 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 City under
City's M/WBE ordinance.
9.18 Survival Provision
The provisions contained in Articles 5, 6, and 7 shall survive the termination or expiration of this
Agreement
9.19 Public Information Act
Artist understands and acknowledges that City is a public entity under the laws of the State of
Texas and as such, all documents held by City are subject to disclosure under Chapter 552 of the
Texas Government Code. Artist shall clearly indicate to City what information it deems
proprietary. If City is required to disclose any documents that may reveal any Artist Proprietary
Information to third parties under the Texas Government Code, or by any other legal process,
law, rule, or judicial order by a court of competent jurisdiction, City will notify Artist prior to
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disclosure of such documents, and give Artist the opportunity to submit reasons for objections to
disclosure. City agrees to restrict access to Artist's information to those persons within its
organization who have a need to know for purposes of management of this Agreement City
agrees to inform its employees of the obligations under this paragraph and to enforce rules and
procedures that will prevent any unauthorized disclosure or transfer of information. City will use
its best efforts to secure and protect Artist's information in the same manner and to the same
degree it protects its own proprietary information; however, City does not guarantee that any
information deemed proprietary by Artist will be protected from public disclosure if release is
required by law. The foregoing obligation regarding confidentiality shall remain in effect for a
period of three (3) years after the expiration of this 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:
1. CITY OF FORT WORTH: Fernando Costa, Assistant City Manager
City Manager s Office
City of Fort Worth
1000 Throckmorton Street
Fort Worth, Texas 76102
Copies to:
Sarah Fullenwider, City Attorney
Office of the City Attorney
City of Fort Worth
1000 Throckmorton Street, Third Floor
Fort Worth, Texas 76102
Martha Peters, Vice President, Public Art
Arts Council of Fort Worth & Tarrant County
1300 Gendy Street
Fort Worth, Texas 76107
Raymond Wade
6107 Heatherglen Drive
Arlington, Texas 76017
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IN WITNESS HEREOF, the parties hereto have executed this Agreement on the
Effective Date.
CITY OF FORT WORTH
by:
Fernando Costa
Assistant City Manager
APPROVED AS TO FORM:
C
Tyler F. W/allach
Assistant City Attorney
ATTESTED BY:
Marty Hendrix
City Secretary
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Navarrete master plan excerpt
Art Unparlunity
IiantAnnnt
Phulu Mold Enuronlnu
Exhibit "B"
Art Opportunity
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(tutu C olh
Monurrent
CuI ► eta1
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Exhibit (I! Sales Tax Exemntinn
TEXAS C.E FiCATE OFE +i;F,itIPTION
1 claim an exempt on from payment of sales nntl use tax.
Fr lttta' t t` ott the attached order nr invoic6:
De..c;rip tion
+lase Itax:
er or hnvttite) To Re Purchased:
this citen for the 1'olhowinj reason
itcin4 duscr
Nameot E,xetitpt Organization: CITY OF FORT WORTE., TEXAS
TEXAS SALES AND USE TAX PERMIT NUMBER 1-75-6000528-6
Project for which materials anti stah>pli+ s are purchased:
understand that 1 wi]] be Iiablefor payment ofsales ttax, which may hecntne tiue comply
th the provisions of the state, city, and/or metropolitan transit authority sales an use taa laws and
;tnnptroller ruies regarding exempt purchases. liability for the tax will be determined by the price paid
the taxable items purchased or the fatr'tnarktt rental %slue for the period of time used.
I understand that it is a misdemeanor to an exemption cent.
I know. al the time of the purchase, wtdl be ttsed in n manner oth
and, !you conviction, may be fined up to S•500 per offense.
et
Purchaser:
Street Address:
City. State, Zip tr'ci
Herr
certificate
pt" numbs
This crtaificat
Comiatroller t,
uc to FSeita s4et3ACrien tal Emit
TY OI 1?ORT WORTH, TEXAS
1000 TIIROCK]►ORTCN STREET
FORT WORTH. TEXAS 76102
Add be furnished to t1
hlic Accounts
Do rust
to the seller for taxable items which
than that expensed in this ceni
Pitotse: 81. 7-292-$31
eine.tithe
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