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HomeMy WebLinkAboutContract 42900cm eECREaRr carrt+Acr No. ARTWORK ACQUISITION, STORAGE, DELIVERY, AND INSTALLATION AGREEMENT BETWEEN THE CITY OF FORT WORTH AND CAMERON SCHOEPP This Agreement is entered into this day of 2012, by and between the City of Fort Worth, a home -rule municipal corporation of the State of Texas, acting by and through Fernando Costa, its duly authorized Assistant City Manager, and Cameron Schoepp, an individual, of 3308 W. 40' Street, Fort Worth, Texas. The City has designated the Arts Council of Fort Worth and Tarrant County, Inc., to manage this Agreement on its behalf. The Contract Manager shall act through its designated Public Art project manager. WHEREAS, pursuant to Chapter 2, Sections 2 -56 through 2 -61 of the Fort Worth Code of Ordinances, the Fort Worth Public Art Program's goals are to create an enhanced visual environment for Fort Worth residents, to commemorate the City's rich cultural and ethnic diversity, to integrate the design work of artists into the development of the City's capital infrastructure improvements, and to promote tourism and economic vitality in the City through the artistic design of public spaces; WHEREAS, City desires to acquire Hats from artist Cameron Schoeppe, which is an artwork comprised of five independent limestone sculptures, created and sited in 1999 at General Worth Square as part of a long -term loan to City; WHEREAS, City desires to relocate the Artwork to the Fort Worth Community Art Center located at 1300 Gendy Street, Fort Worth, Texas 76107, which is owned by the City of Fort Worth and leased to the Arts Council of Fort Worth & Tarrant County; WHEREAS, the Fort Worth Art Commission (the "FWAC ") has recommended funds from the Specially Funded Capital Projects Fund, which were included in the FY2012 Public Art Annual Work Plan that was adopted by the City Council on December 6, 2011 (M &C C- 25337), to acquire, store, deliver, and install the Artwork; t OFFICIAL RECORD tr: Y SECRETARY F: T. WORTH, TX Artwork Acquisition. Storage. DelkerN, and Installation Agreement Between the City of Fort Worth and Cameron Schoepp — Page I of 53 WHEREAS, City will deinstall the Artwork through services provided by Unified Fine Art Services, L.L.C., the City's independent contractor, and deliver it to the Artist's property for storage and installation preparation; and WHEREAS, City and Artist wish to set out the terms and conditions under which said acquisition, storage, delivery, and installation shall be completed to promote the integrity of Artist's ideas and statements as represented by the Artwork. NOW, THEREFORE, City and Artist for and in consideration of the covenants and agreements hereinafter set forth, the sufficiency of which is hereby acknowledged, agree as follows: ARTICLE 1 DEFINITIONS As used in this Agreement, the following terms shall have the meanings as set forth below: I.I. Agreement — Means and includes this Agreement between the City of Fort Worth and Cameron Schoepp for Acquisition and Services for Installation of public art for the Site. 1.2. Artist — Means and includes Cameron Schoepp and /or his heirs, executors, administrators, legal representatives, successors, agents, subartists, contractors, and assigns. 1.3. Artwork — Means the artwork titled Hats, which is comprised of five independent limestone sculptures, more particularly described on Exhibit "A," attached hereto and incorporated herein by reference for all purposes and includes any and all documents, maquettes, drawings, sketches, prototypes, models, and the like that were created in connection with the Artwork. 1.4. Contract Manager — Means and includes the Arts Council of Fort Worth and Tarrant County, Inc., and /or its officers, directors, employees, agents, subsidiary organizations, parent organization, successor corporations, assigns, predecessors, stockholders, administrators, and related companies. 1.5. City — Means and includes the City of Fort Worth, Texas and its officers, representatives, agents, servants, and employees. Artwork Acquisition. Storage. Delivery. and Installation Agreement Between the Cite of Fort Worth and Cameron Schoepp Page 2 of 53 1.6. Deliverables — Means and includes those items set forth in Article 4.2 of this Agreement that Artist is required to submit to City for its review and approval prior to the Artist proceeding to the Execution Phase of this Agreement. 1.7. Effective Date — Means and includes the date represented in the first paragraph of this Agreement, which shall be the official date of execution of this Agreement. 1.8. Execution Phase — Means and includes fabrication of footings, delivery, and installation of the Artwork. 1.9. Final Acceptance - Means City's written acknowledgement to Artist that all services required of the Artist have been completed in conformity with the terms of this Agreement. 1.10. Installation Design — Means and includes stamped engineered drawings of the footings, documents detailing the necessary alterations to the Artwork, the Site plan, and any other documents required by City for proper installation of the Artwork at the Site. 1.11. Parties — Means and includes City and Artist. 1.12. Project — Means and includes the art project or undertaking of City for which Artist's services are to be provided pursuant to this Agreement. 1.13 Schedule - Means and includes a written plan of procedure for completion of design, fabrication, delivery, and installation of the Artwork, including, but not limited to, the submission of progress reports. 1.14. Site — Means and includes the Fort Worth Community Art Center in Fort Worth, Texas, which is more particularly described on Exhibit "B," attached hereto and incorporated herein by reference for all purposes. ARTICLE 2 ACQUISITION OF THE ARTWORK 2.1. Acquisition of the Artwork City shall pay Artist FIFTY -FIVE THOUSAND DOLLARS AND NO CENTS ($55,000.00) as full consideration for all rights, title, and interest to Artwork, except for any rights of copyright. City shall Artwork Acquisition. Storage_ Delivery. and Installation Agreement Between the City of Fort Worth and Cameron Schoepp Page 3 ot' 53 pay this amount to Artist within thirty days (30) after the Effective Date. The sales price is based upon an appraisal of the Artwork dated January 30, 2010, a copy of which is attached hereto as Exhibit "C" and incorporated herein for all purposes, which the Parties agree constitutes fair market value for the Artwork. Terms and conditions pertaining to warranties, insurance and indemnity, ownership and intellectual property rights, and Artist's rights are contained in Articles 7, 8, 9, and 10, respectively. ARTICLE 3 DEINSTALLATION AND STORAGE OF THE ARTWORK a. To ensure the safe and efficient deinstallation of the Artwork, Artist, upon request of City, shall furnish all available historic information and materials relating to the original installation of the Artwork. Artist shall provide this information within ten (10) calendar days of the Contract Manager's request. b. Artist shall be available to the City's independent contractor and Contract Manager to assist in the deinstallation plan. C. City's independent contractor will deinstall the Artwork and transport it for storage to the Artist's property located at 131 Roberts Cut Off, Fort Worth, Texas 76114 (the "Storage Site "). The date of deinstallation and delivery shall be determined by City based on the schedule of the JFK Tribute project commencement. d. City shall facilitate condition assessments of the Artwork prior to deinstallation and following Artist's receipt of the Artwork at the Storage Site. i. Artist agrees to review and approve the deinstallation condition report created by City's independent contractor and approved by the Contract Manager prior to deinstallation. Should Artist find exception with the deinstallation condition report, Artist will qualify those exceptions on the condition report prior to deinstallation. ii. Artist agrees to review and approve the Contract Manager's delivery condition report at delivery to the Storage Site. Should Artist find exception with the delivery condition report, Artist will qualify those exceptions on the condition report prior to the Artist Artwork Acquisition. Storage. Uclivcr- and Installation Agreement Rem een the City of Fort Worth and Cameron Schocpp Page 4 of 53 taking possession of Artwork. Artist agrees to review and accept the City's condition assessments as a condition of accepting the Artwork for storage. e. Artist shall be available on the date of deinstallation, on -site during deinstallation, and to receive the Artwork for storage at the Storage Site. f. Artist shall take delivery of the Artwork at the Storage Site and store it on Artist's property without any charge to City. g. Artist shall take all necessary precautions to protect and preserve the Artwork while in storage at the Storage Site. h. Artist shall not remove the Artwork from the Storage Site without first obtaining written permission from the Contract Manager. ARTICLE 4 DESIGN, DELIVERY, AND INSTALLATION 4.1. Scope of Services. a. Artist shall perform all services and will furnish all supplies, materials, and equipment as necessary for (1) developing the Installation Design, (2) fabricating for new footings, (3) delivering and installing the Artwork at the Site, and (4) providing the Deliverables (see Article 4.2). All services shall be performed in a professional manner and in strict compliance with all terms and conditions in this Agreement. b. Artist shall determine the installation of the Artwork, subject to review and acceptance by City as set forth in this Agreement. The location at the Site in which the Artwork will be installed shall be mutually agreed upon by City and Artist. C. Artist, upon request of Contract Manager, shall attend meetings with appropriate City staff for purposes of risk assessment, safety review, sighting of the Artwork, and permitting. Upon request of City, Artist shall provide written maintenance recommendations for the Artwork from a qualified conservator to the Contract Manager. Artwork Acquisition. Storage_ DelkcrNr. and Installation Agreement Between the Citti of Fort Worth and Cameron Schoepp Page 5 of 53 d. Artist shall present the Installation Design to City officials, representatives of the Contract Manager's Board and President for review and input, and to the FWAC for approval at dates and times mutually agreed upon. e. Artist shall install the Artwork on dates and times mutually agreed upon by Artist, City, and Contract Manager. 4.2. Deliverables. Within two (2) months after the Effective Date, Artist shall provide services and all supplies, materials, and equipment necessary to provide certain deliverables, as set forth in this Article 4.2 to City for approval. Deliverables shall consist of the following: a. Detailed design illustrations of the Artwork at the Site, which shall be at least 20" x 30" and mounted on foam core and /or in a high resolution digital format, such as JPEG or TIF files. b. A final written narrative describing the following: (1) the installation of the Artwork and timeline for completion; (2) proposed materials, fabrication, and installation methods for all elements of the Artwork, including, but not limited to, information regarding Artist's subcontractor(s), if any, for the Artwork; and (3) maintenance requirements for all elements of the Artwork as dictated by Artist, along with cost estimates for annual maintenance; C. A detailed budget, on the budget form attached hereto as Exhibit "D," for installation of the Artwork in an amount not exceed TWENTY -TWO THOUSAND SEVEN HUNDRED SEVENTY-FOUR DOLLARS AND NO CENTS ($22,774.00), which includes all costs for storage, materials, labor, fabrication, delivery, installation, insurance, transportation, travel, Artist's fee, and all other associated costs for installation of the Artwork. d. Artist will provide City with comprehensive working drawings, detailing the means of installing all elements of the Artwork on the Site, together with other such graphic Artwork Acquisition. Storage. Deliver. and Installation Agreement Between the Cite of Dort Worth and Cameron Schoepp Page 6 ol' 53 material to permit City to carry out structural design review. Professional Liability Insurance is required in all circumstances for on -site artwork requiring engineering and/or architectural services. City will conduct a review of structural design and other related graphic material prior to installation of the Artwork. Upon City's request, drawings must be signed and stamped by an engineer and /or architect licensed to work in the State of Texas. Artist will provide the Contract Manager a certificate of insurance for each licensed professional and provide City with a 30 -day notice of cancellation of any policy required hereunder. 4.3. Installation Design Review. a. Upon completion of the Deliverables, Artist shall meet with the Contract Manager, City staff, and representatives of the Arts Council of Fort Worth and Tarrant County, Inc., and Cultural District Stakeholders, as appropriate, to present the Installation Design, at a date and time mutually agreed upon, for input. b. Artist shall present the Installation Design to the FWAC for approval at a regularly scheduled FWAC meeting. C. City may require Artist to make such revisions to the Installation Design as are necessary for the Artwork to comply with applicable statutes, ordinances, or regulations of any governmental regulatory agency having jurisdiction over the Site for reasons of safety and security or as the City deems necessary in its sole discretion. d. Within thirty (30) days of its receipt of Artist's submission of the Installation Design, City shall notify Artist of its approval, or disapproval, of such submission and of each revision made to the Installation Design. Revisions made pursuant to this Article 4.3, upon approval by City, shall become part of the Installation Design. e. If the Installation Design or any required revision is disapproved by City, Artist shall have thirty (30) days to resubmit the Installation Design in conformance with City's requirements. If resubmitted materials are not approved by City, this Agreement may be terminated at City's sole Artwork Acquisition, Storage. Deliver\. and Installation Agreement Bemcen the Cite of Fort Worth and Cameron Schoepp Page 7 of 53 discretion, with payment for work performed per the payment schedule in Article 5 up through the date of termination. f. If Artist's Installation Design is approved by City, then Artist's Installation Design shall be incorporated into this Agreement as an addendum, and shall become the basis for proceeding to the Execution Phase of this Agreement. g. Upon City's approval of the Installation Design, Artist shall provide the Installation Design presentation materials to the Contract Manager to become part of the City of Fort Worth Public Art archive owned by City. These documents, models, and/or drawings will be retained for archival and exhibition purposes. Artist's Installation Design and all other work product under this Agreement shall become the property of City, without restriction on future use (see Article 9). 4.4 Execution of the Work a. If City approves Artist's Installation Design and authorizes Artist to proceed to the Execution Phase of this project, then Artist shall furnish to the Contract Manager a written Schedule within ten (10) business days after such authorization by the Parties. After written approval of the Schedule by City, Artist shall fabricate, deliver, and install the Artwork in accordance with such Schedule. Schedule changes may be accomplished by written agreement between Artist and City. b. Artist shall take all necessary precautions to protect and preserve the Artwork during the Execution Phase. C. City and /or Contract Manager, upon written request, shall have the right to review the Artwork during fabrication of the footings and /or request visual documentation of the fabrication. d. Artist shall complete all necessary fabrication in accordance with the City- approved Installation Design. Artist shall present to the Contract Manager, in writing, for further review and approval, any changes in the scope of work. The Contract Manager, in its discretion, shall determine whether the changes are significant and whether the changes conform to the City- approved Final Design. If the Contract Manager. in its sole discretion, determines that the changes are significant Artwork Acquisition. Storage_ Delivery. and Installation Agreement Between the Cit\ of Fort Worth and Cameron Schoepp Page 8 of 53 and do not conform with the City- approved Installation Design, then the Contract Manager shall, in light of the Installation Design, determine whether a significant change requires City approval. If the Contract Manager determines that the significant change(s) requires City approval, then the change(s) may be presented to the FWAC for review and approval at a regularly scheduled or special meeting of the FWAC. If any disputes arise thereafter, the Parties shall first attempt to resolve those disputes in accordance with the dispute resolution process set forth in Article 14 of this Agreement. 4.5. Delivery and Installation. a. Artist shall be responsible for all costs associated with the materials, fabrication, delivery, and installation of the Artwork, including, but not limited to, equipment rentals, transportation, and labor. b. Artist shall notify City, through its Contract Manager, in writing, when fabrication of the footings are completed and the Artwork is ready for delivery and installation at the Site. C. Artist is responsible for installing all elements of the Artwork. Artist shall coordinate the delivery and installation of the Artwork with City and Contract Manager to ensure proper installation with the Schedule. Delivery and installation activities may not commence until written permission is delivered to Artist by City. d. Artist is responsible for obtaining and paying for all necessary permits. e. Artist, individually and through its subcontractors, including its fabricator, shall take all necessary precautions to protect and preserve the integrity and finish of the Site while delivering and installing the Artwork. If City determines, in its sole discretion, that Artist or Artist's subcontractors have damaged the Site, then City shall inform Artist, in writing, of the damage. Artist, at his own expense, shall have thirty (30) days from receipt of City's written notice to repair the damage to the Site to the satisfaction of City. If Artist fails to repair the damages to the satisfaction of City within thirty (30) days after receipt of the notice, or within the deadline otherwise agreed to by the Parties. then City shall have the right to deduct the cost of repairs from Artwork Acquisition. Storage. Deliver,. and Installation Agreement Ilemeen the City of Fort Worth and Cameron Schoepp Page 9 of 53 any remaining payment due to Artist under this Agreement, which shall be in addition to any and all other rights and remedies available to City at law or in equity. f. Upon City's request, prior to delivery or installation of the Artwork, Artist shall provide to the Contract Manager written instructions for appropriate maintenance and preservation of the Artwork on the form attached hereto as Exhibit "E" (Technical and Maintenance Record). The appropriate maintenance and preservation instructions shall not be substantially different from the maintenance and preservation anticipated and conveyed to City for the Artwork in the Deliverables. 4.6 Post - installation. a. Within thirty (30) days after the installation of the Artwork, Artist shall furnish Contract Manager with a set of at least six (6) high - resolution digital images (.tiff format) showing the installation method of the Artwork, including detail shots of the back of all of the footings before and after installation. b. Within thirty (30) days after the installation of the Artwork, Artist shall furnish Contract Manager with a set of at least seven (7) high- resolution digital images (.tiff format) and seven (7) low - resolution digital images (.jpeg format) showing the Artwork from at least two vantage points, including detail shots, and with at least three (3) of these images showing the entire installation as selected by Contract Manager, to document the Artwork after the Artwork is installed. C. Artist shall make his best effort to be available at such time or times as may be agreed between City and Artist to attend any inauguration or presentation ceremonies relating to the installation of the Artwork. City shall use its best efforts to arrange for publicity for the completed Artwork in such art publications and otherwise as may be determined between City and Artist as soon as practicable following installation. d. For the duration of the Agreement, if Artist intends to seek his own publicity for the Artwork, such efforts and /or press releases must be approved, in advance, by Contract Manager and City. Artwork Acquisition. Storage. Delkery. and Installation Agreement Between the Cite of Fort Worth and Cameron Schoepp Page 10 of 53 4.7 Final Acceptance. a. Artist shall notify City and Contract Manager, in writing, when all services required have been completed in conformity with the Installation Design. Included in such notice from Artist shall be an affidavit, attached hereto as Exhibit "I"' (Affidavit), certifying that all bills relating to services or supplies used in the performance of this Agreement have been paid. b. City shall notify Artist, in writing, of its Final Acceptance of the Work. C. Final Acceptance shall be effective as of the earlier to occur of (1) the date of City's notification of Final Acceptance; or, (2) the 35th day after Artist has sent the written notice to City required under Article 4.7.a. unless City, upon receipt of such notice and prior to the expiration of the 35- day period, gives Artist written notice specifying and describing anything that has not been completed pursuant to this Agreement. ARTICLE 5 COMPENSATION AND PAYMENT SCHEDULE FOR SERVICES PROVIDED TO CITY 5.1. Compensation. City shall pay Artist TWENTY -TWO THOUSAND SEVEN HUNDRED SEVENTY -FOUR DOLLARS AND NO CENTS ($22,774.00) for all costs associated with the services to be performed and materials to be furnished by Artist under this Agreement, including, but not limited to, design, storage, fabrication, transportation, delivery, installation, insurance, incidental costs, and any other costs associated with this Agreement, excluding the cost to acquire the Artwork stated in Article 2. City will pay Artist this amount within thirty -five (35) days after Final Acceptance and receipt by City of such documentation it may require concerning payment of supplies and services rendered to Artist (see Article 4.7). Payment by the City shall represent full and final, non- refundable payment for all services and material provided prior to the due date thereof. ArINNork Acquisition. Storage. Deliver,. and Installation Agreement Bemeen the Ov, of Fort Worth and Cameron Schoepp Page I I of 53 5.2. 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 Certificate of Exemption," attached hereto and made apart hereof for all purposes as Exhibit "G" for use by Artist in the fulfillment of this Agreement. 5.3. Artist's Expenses. Artist shall be responsible for the payments of all expenses incurred during the performance of this Agreement, including, but not limited to, services, materials, mailing /shipping charges and insurance on submissions to City and /or Contract Manager, cost of all travel, and costs for Artist's agents, consultants, and /or employees necessary for the proper performance of the services required under this Agreement. ARTICLE 6 TERM AND TIME OF PERFORMANCE 6.1. Term. This Agreement shall be in effect from the Effective Date, and, unless terminated earlier pursuant to such provisions in this Agreement, shall extend until final payment to Artist by City. 6.2. Duration. The services to be required of Artist set forth in this Agreement shall be completed in accordance with the Schedule; provided, however, such time limits may be extended or otherwise modified by written agreement between Artist and City. 6.3. Early Completion of Artist Services. Artist shall bear any charges incurred from the completion of his or her services prior to the time provided in the schedule for delivery. 6.4. Time Extensions: Force Majeure. City or Artist, as appropriate, shall grant a reasonable extension of time to the other party if conditions beyond the parties' control or Acts of God, flood, riot, civil insurrection, labor strikes, or orders of local or federal government render timely performance of the parties' services impossible or unexpectedly burdensome. The party suffering the impossibility or burdensome conditions must inform the other in Artwork Acquisition. Storage. Delivcry, and Installation Agreement Between the City of Fort Worth and Cameron Schoepp Page 12 of' 53 writing within ten (10) business days of the onset of such performance delay, specifying the reasons therefore. Failure to fulfill contractual obligations due to conditions beyond either party's reasonable control shall not be considered a breach of this Agreement; provided, however, that such obligations shall be suspended only for the duration of such conditions. ARTICLE 7 WARRANTIES 7.1. Warranties of Title and Copyright. Artist represents and warrants that: a. the Artwork is the original product of Artist's sole creative efforts; b. Artwork is 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 Artwork or any element thereof or any copyright related thereto that may affect or impair the rights granted pursuant to this Agreement; d. the Artwork is free and clear of any claims, judgments, and /or liens from any source whatsoever; e. the Artwork (or duplicate thereof) has not been accepted for sale elsewhere; f. Artist has the full power to enter into and perform this Agreement and to make the grant of rights contained in this Agreement; and 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. 7.2 Warranties of Quality and Condition a. Artist represents and warrants that all work will be performed in accordance with professional "workmanlike" standards and free from defective or inferior materials and workmanship (including, but not limited to, any defects consisting of "inherent vice," or qualities that cause or accelerate deterioration of the Artwork) for one year after the date of Final Acceptance. Artwork Acquisition, Storage. Deli�crv. and Installation Agreement Between the Ciri of Fort Worth and Cameron Schoepp Page 13 of 53 b. Artist represents and warrants the condition of the Artwork as set forth in the initial condition report, which is attached hereto as Exhibit H and incorporated herein for all purposes. C. Artist represents and warrants the condition of the Artwork as set forth in the deinstallation condition report and delivery condition report (see Article 3), which will be incorporated into this Agreement through one or more addenda. d. Artist represents and warrants that the Artwork and the materials used are not currently known to be harmful to public health and safety. e. If, during the term of this Agreement, Artist observes any breach of warranty described in this Article 7.2 that is curable by Artist, Artist shall immediately notify City of such breach. Artist shall, at the request of City, cure the breach satisfactorily and consistent with professional conservation standards (in accordance with the American Institute of Conservation (AIC) Code of Ethics and Guidelines for Practice) and /or construction standards, including, but not limited to, any standards set forth by City, within thirty (30) days after receipt of the written notice, at no expense to City. If the breach is not curable by Artist, then Artist shall be responsible for reimbursing City for damages, expenses, and losses incurred by City as a result of the breach. However, if Artist disclosed the risk of the breach in writing and City accepted that it may occur, it shall not be deemed a breach for purposes of this Article 7.2. f. If, within one year after Final Acceptance, City observes any breach of warranty described in this Article 7.2 that is curable by Artist, City shall give written notice to Artist of such breach with reasonable promptness. Artist shall, at the request of City, cure the breach satisfactorily and consistent with professional conservation standards (in accordance with the American Institute of Conservation (AIC) Code of Ethics and Guidelines for Practice) and /or construction standards, including, but not limited to, any standards set forth by City, within thirty (30) days after receipt of the written notice, at no expense to City. Artwork Acquisition. Storage. Deliver}. and Installation Agreement Between the City of Fort Worth and Cameron Schoepp Page 14 of 53 g. If, within one year after Final Acceptance, City observes any breach of warranty described in this Article 7.2 that is not curable by Artist, Artist is responsible for reimbursing City for damages, expenses, and losses incurred by City as a result of the breach. However, if Artist disclosed the risk of this breach in writing and City accepted that it may occur, it shall not be deemed a breach for purposes of this Article 7.2. It. If, after one year from Final Acceptance, City observes any breach of warranty described in this Section 7.2 that is curable by Artist, City shall give written notice to Artist to make or supervise repairs or restorations at a reasonable fee during Artist's lifetime. Artist shall notify City, in writing, within thirty (30) days after receipt of the notice as to whether Artist will make or supervise the repairs or restorations. Should Artist fail to respond within the thirty-day (30) deadline or be unwilling to accept reasonable compensation under the industry standard, City may seek the services of a qualified restorative conservator and maintenance expert. Acceptable Standard of Display. Artist represents and warrants that: L General routine cleaning and repair of the Artwork and any associated working parts and /or equipment will maintain the Artwork within an acceptable standard of public display. ii. Foreseeable exposure to the elements and general wear and tear will cause the Artwork to experience only minor repairable damages and will not cause the Artwork to fall below an acceptable standard of public display. iii. With general routine cleaning and repair, and within the context of foreseeable exposure to the elements and general wear and tear, the Artwork will not experience irreparable conditions that do not fall within an acceptable standard of public display, including, but not limited to, mold, rust, fracturing, staining, chipping, tearing, abrading, and /or peeling. iv. Manufacturer's Warranties. To the extent the Artwork incorporates products covered by a manufacturer's warranty, Artist shall provide copies of such warranties to City. Artwork Acquisition. Storage. Delivery. and Installation Agreement Betwecn the City of Fort Worth and Cameron Schoepp Page 15 of 53 The foregoing warranties are conditional, and shall be voided by the failure of City to maintain the Artwork in accordance with Artist's specifications and the applicable conservation standards. If City fails to maintain the Artwork in good condition, Artist, in addition to other rights or remedies Artist may have in equity or at law, shall have the right to disown the Artwork as Artist's creation and request that all credits be removed from the Artwork and reproductions thereof until the Artwork's condition is satisfactorily repaired. 7.3 Survival of Representations and Warranties The representations and warranties in this Article 7 shall survive the termination or other extinction of this Agreement. ARTICLE 8 INSURANCE AND INDEMNITY 8.1. General. Artist shall carry insurance as set forth in Exhibit "I," which is attached hereto and incorporated herein for all purposes. Evidence of required insurance shall be submitted to the Contract Manager prior to delivery of the Artwork to the Storage Site. Evidence of subsequent renewals of said insurance is required until City has issued Artist a notice of Final Acceptance after installation and completion of the Project. 8.2. Risk of Loss The risk of loss or damage to the Artwork and any work product produced in accordance with this Agreement, including, but not limited to, the Artwork footings, shall be borne by Artist during the time the Artwork is in the care, custody, and control of Artist, which includes, but not limited to, from the time Artist accepts delivery of the Artwork at the Storage Site until Final Acceptance. Artist shall take such measures as are necessary to protect the Artwork from loss or damage until Final Acceptance, including, but not limited to, the purchase of insurance required in Article 8.1. The risk shall transfer to City and shall no longer be the responsibility of Artist upon Final Acceptance. 8.3. Performance Bonds. Artist shall not be required by City to post any performance bonds or similar undertakings. Artwork Acquisition_ Storage. Deliver}. and Installation Agreement Between the City of Fort Worth and Cameron Schoepp Page 16 of 53 8.4 Indemnity. a. General Indemnity i. ARTIST COVENANTS AND AGREES TO INDEMNIFY, HOLD HARMLESS, AND DEFEND, AT ITS OWN EXPENSE, CITY FROM AND AGAINST ANY AND ALL CLAIMS, LAWSUITS, JUDGMENTS, ACTIONS, CAUSES OF ACTION, LIENS, LOSSES, EXPENSES, COSTS, FEES (INCLUDING, BUT NOT LIMITED TO, ATTORNEY'S FEES AND COSTS OF DEFENSE), PROCEEDINGS, DEMANDS, DAMAGES, LIABILITIES, AND /OR SUITS OF ANY KIND OR NATURE, INCLUDING, BUT NOT LIMITED TO, THOSE FOR PROPERTY LOSS (INCLUDING, BUT NOT LIMITED TO, WORKERS' COMPENSATION ACT LIABILITY, LOST PROFITS, AND PROPERTY DAMAGE) AND /OR PERSONAL INJURY (INCLUDING, BUT NOT LIMITED TO, DEATH) TO ANY AND ALL PERSONS, OR OTHER HARM FOR WHICH RECOVERY OF DAMAGES IS SOUGHT, OF WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR RESULTING FROM THE NEGLIGENT ACT, ERROR, OR OMMISSION OF ARTIST AND /OR ARTIST'S SUBARTIST AND CONTRACTORS AND THEIR RESPECTIVE OFFICERS, AGENTS, EMPLOYEES, DIRECTORS, MEMBERS, PARTNERS, AND REPRESENTATIVES IN CONNECTION WITH THE EXECUTION, PERFORMANCE, ATTEMPTED PERFORMANCE, OR NONPERFORMANCE OF THIS AGREEMENT. ii. Artist agrees to and shall release City of and from any and all claims, demands, debts, liens, costs, defects, expenses, actions, and causes of action of whatsoever kind or character arising out of, related to, or resulting from this Agreement and /or Artist's performance under this Agreement, including, but not limited to, any and all claims for property damage, property loss, and /or injury, including, but not limited, to death. Artwork Acquisition_ Storage. Delivery. and Installation Agreement Between the City of Fort Worth and Cameron Schoepp Page 17 of 53 iii. 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. b. Intellectual Property Artist agrees to assume full responsibility for complying with all State and Federal Copyright Laws and any other regulations, including, but not limited to, the assumption of any and all responsibilities for paying royalties that are due for the use of other third -party copyrighted works by Artist. City expressly assumes no obligations, implied or otherwise, regarding payment or collection of any such fees or financial obligations. City specifically does not authorize, permit, or condone the reproduction or use of copyrighted materials by Artist without the appropriate licenses or permission being secured by Artist in advance. IT IS FURTHER AGREED THAT ARTIST SHALL RELEASE, DEFEND, INDEMNIFY, AND HOLD HARMLESS CITY FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES, ACTIONS, OR EXPENSES OF EVERY TYPE AND DESCRIPTION, INCLUDING, BUT NOT LIMITED TO, ATTORNEY'S FEES, TO WHICH THEY MAY BE SUBJECTED ARISING OUT OF CITY'S USE OR POSSESSION OF THE ARTWORK 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. c. Survival All indemnification provisions of this Agreement shall survive the termination or expiration of this Agreement. ARTICLE 9 OWNERSHIP AND INTELLECTUAL PROPERTY RIGHTS 9.1. Title to the Artwork All rights, title, and interest to the Artwork, except for any rights of copyright, shall immediately transfer to City on the Effective Date of this Agreement, and shall be free and clear of any claims, judgments, Artwork Acquisition. Storage. Delivery. and Installation Agreement Between the City of Fort Worth and Cameron Schoepp Page 18 of 53 and /or liens of whatsoever nature. The Artwork shall become property of City, without restriction on future use, except as provided for in this Agreement. 9.2. Title to Work Product Title to all work product produced pursuant to this Agreement (excluding the Artwork), including, but not limited to, Installation Design materials and footings, shall pass to City upon Final Acceptance and payment to Artist under Article 5. Documents, models and /or drawings pertaining to the project will be retained for archival and exhibition purposes. Artist's work product under this Agreement shall become the property of City, without restriction on future use, except as provided below. 9.3 Copyright Ownership. Artist retains all rights under the Copyright Act of 1976, 17 U.S.C. Section 101 et seq., as the sole author of the Work for the duration of the copyright. 9.4 Reproduction Rights. a. In view of the intention that the Artwork be unique, Artist shall not make any further additional exact duplicate reproductions of the Artwork, nor shall Artist grant permission to others to do so except with the express written permission of City. However, nothing herein shall prevent Artist from creating future artworks in Artist's manner and style of artistic expression. b. By execution of this Agreement, Artist grants to City a perpetual, irrevocable license to graphically depict or display the Installation Design and/or the Artwork for any non - commercial purpose whatsoever. For purposes of this limitation, any graphic depiction or display of the Installation Designs and /or the Artwork 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 Artwork to destroy, remove, move, replace, operate, maintain, transport, sell or transfer, in whole or in part, the Artwork when City deems it necessary within its discretion. in order to otherwise exercise City's Amwrk Acquisition. Storage, Deliverc. and Installation Agreement Betwecn the OtN of Fort Worth and Cameron Schoepp Page 19 of 53 powers and responsibility in regard to public works and improvements, in furtherance of City's operations or for any other reason. C. All reproductions by City shall contain a credit to Artist and a copyright notice substantially in the following form: "© date, Artist's name." d. Unless notified otherwise by City, Artist shall use Artist's best efforts in any public showing or resume use of reproductions to give acknowledgment to City in substantially the following form: "an original artwork in the public art collection of the City of Fort Worth, Texas." e. Artist may, at Artist's expense, cause to be registered with the United States Register of Copyrights, a copyright of the Artwork in Artist's name. f. City is not responsible for any third -party infringement of Artist's copyright and not responsible for protecting the intellectual property rights of Artist. ARTICLE 10 ARTIST'S RIGHTS 10.1. Identification. The Contract Manager shall include credit to Artist on the Fort Worth Public Art website (www.fwpublicart.org) and a permanent plaque at the site. 10.2. Maintenance. City recognizes that maintenance of the Artwork on a regular basis is essential to the integrity of the Artwork. City shall reasonably assure that the Artwork is properly maintained and protected, taking into account the maintenance instructions provided by Artist in accordance with Article 4.5 and Exhibit E. 10.3. Repairs and Restoration. a. City shall have the right to determine when and if repairs and restorations to the Artwork will be made. During Artist's lifetime and to the extent practicable, City shall give Artist the right to approve all major repairs and restorations; provided, however, Artist shall not unreasonably withhold approval for any repair or restoration of the Artwork. Should Artist unreasonably withhold approval of any intended repair or restoration, City shall have the right to make such Artwork Acquisition_ Storage. Deliverv. and Installation Agreement Between the Cite of Dort Worth and Cameron Schoepp Page 20 of 53 repair or restoration. To the extent practicable, Artist, during Artist's lifetime, shall be given the opportunity to make or personally supervise major repairs and restorations and shall be paid a reasonable fee for any such services, provided that City and Artist shall agree, in writing, prior to commencement of any significant repairs and restorations, upon Artist's fee for such services. Should Artist fail to agree to make or supervise the repairs and restorations, City shall have the right to choose another entity or person to assist with the restoration and /or repairs or make said repairs by City. b. All repairs and restorations shall be made in accordance with recognized conservation standards (in accordance with the American Institute of Conservation (AIC) Code of Ethics and Guidelines for Practice) and /or construction standards, including, but not limited to, the standards set forth by City. C. City may require Artist to submit professional documents supporting Artist's proposal for repairs and restorations prior to commencement of repairs or restorations. d. When emergency repairs are necessary to prevent the loss of or further damage to the Artwork or to prevent risks to the public, such repairs shall be undertaken or arranged by City without advance notice to Artist, and such repairs shall not be deemed to constitute artistic alteration. 10.4. Alteration of the Artwork or of the Site. a. In the event that the Artwork is incorporated into a building, structure or realty, the installation of the Artwork may subject it to destruction, distortion, mutilation or other modification by reason of its removal. If removal of the Artwork would damage either the Artwork or the Site, City shall have the right to remove the Artwork by any means, including destruction, in performing maintenance, repair, renovation, or reconstruction of the building, structure or in devoting realty to a new use. City may give Artist written notice of its intent to take such action under this paragraph. b. In the event that the Artwork is freestanding, or incorporated into a building, structure or realty such that it may be removed without damaging or destroying the Artwork or the building or Artwork Acquisition. Storage_ Delkern. and Installation Agreement Betwecn the Ov, of Fort Worth and Cameron Schoepp Page 21 of 53 structure, Artist may be given written notice and ninety (90) days to remove the Artwork at his or her sole expense. Upon Artist's failure to remove the Artwork, City shall have the right to remove and dispose of the Artwork by any means, including its destruction. C. City agrees that it will not willfully destroy, damage, or modify the Artwork, except as provided in paragraphs a. and b. above. d. In the event the Artwork is substantially damaged or altered, City shall no longer represent the Artwork as that of Artist if Artist gives written notice to City that it is the position of Artist to deny authorship on the grounds stated in this paragraph. e. City shall, at all times, have the right to move the Artwork, or remove it from public display. City shall also have the right to sell or trade the Artwork. 10.5. Permanent Record. City shall maintain on permanent file a record of this Agreement and of the location and disposition of the Artwork. 10.6. Artist's Address. Artist shall notify City of changes in the address set forth in Article 17. The failure to do so, if such failure prevents City from locating Artist, shall be deemed a waiver by Artist of the right subsequently to enforce these provisions of Article 10 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. 10.7. Additional Rights and Remedies. Nothing contained in this Article 10 shall be construed as a limitation on such other rights and remedies available to Artist under the law, which may now or in the future be applicable. ARTICLE 11 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 AmNork Acquisition_ Storage. Deli%erv. and Installation Agreement Between the Cite of Fort Worth and Cameron Schoepp Page 22 of 53 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 12 SUBCONTRACTING Artist may subcontract portions of the services to be provided hereunder at Artist's expense, provided that said subcontracting shall not adversely affect the design, appearance, or visual quality of the Artwork and shall be carried out under the personal supervision of Artist. Any subcontract entered into under this Agreement shall be expressly subject to the applicable terms of this Agreement, including, but not limited to, all indemnification and release provisions. Artist shall provide information regarding all subcontractors, including its fabricator, along with a copy of the subcontract between Artist and each subcontractor to the Contract Manager. ARTICLE 13 TERMINATION 13.1. Gratuities. City may cancel this Agreement if it is found that gratuities in the form of entertainment, gifts, or otherwise were offered or given by Artist or any agent or representative to any City official or employee with a view toward securing favorable treatment with respect to the awarding, amending, or making of any determinations with respect to this performance of this Agreement. In the event this Agreement is canceled by City, pursuant to this Article 13. 1, City shall be entitled, in addition to any other rights and remedies, to recover from Artist a sum equal in amount to the cost incurred by Artist in providing such gratuities. 13.2. Death or 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 take full physical possession of the Artwork Artwork Acquisition. Storage. Delivery, and Installation Agreement Betv,een the City of Fort Worth and Cameron Schoepp Page 23 of 53 upon request and 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 work shall become property of City. b. In the event of termination under this Article 13.2, City shall have the right to complete the Project. Due regard shall be made for Artist's intended results and proper credit and acknowledgement shall be given to Artist. This provision shall survive the termination or expiration of this Agreement. 13.3. Termination for Convenience. a. The services to be performed under this Agreement may be terminated by either party, subject to written notice submitted thirty (30) days before termination, specifying the grounds for termination. b. If the termination is for the convenience of City, City shall pay Artist for services actually rendered up to the effective date of termination and Artist shall continue to provide City with services requested by City and in accordance with this Agreement up to the effective date of termination. City shall have the right to full physical possession of the Artwork upon request, and Artist shall allow full access to the Artwork for purposes of removal pursuant to this Article 13.3. Artist shall transfer to City 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 effective date of termination. 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. City shall have the right to full physical possession of the Artwork upon request, and Artist shall allow full access to the Artwork for purposes of removal pursuant to this Article 13.3. 13.4. Termination for Cause. If either party to this Agreement shall fail to fulfill their obligations in accordance with the terms of this Agreement, or otherwise violate any of the covenants, agreements, or stipulations material to this Artwork Acquisition. Storage. Deliverv_ and Installation Agreement Between the City of Fort Worth and Cameron Schoepp Page 24 of 53 Agreement, then the Parties shall first attempt to resolve any disputes arising from this Article 13.4 in accordance with the dispute resolution process set forth in Article 14 of this Agreement. If the Parties cannot resolve the dispute(s), then the disputing party shall thereupon have the right to terminate this Agreement upon the delivery of a written "Notice of Termination" specifying the grounds for termination. Termination of this Agreement under this Article 13.4 shall not relieve the party in default of any liability for damages resulting from a breach or a violation of the terms of this Agreement. In no event shall Artist retain physical possession of the Artwork. City shall have the right to full physical possession of the Artwork upon request, and Artist shall allow full access to the Artwork for purposes of removal pursuant to this Article 13.4. ARTICLE 14 DISPUTE RESOLUTION If either Artist or City has a claim, dispute, or other matter in question for breach of duty, obligations, services rendered or any warranty that arises under this Agreement, the Parties shall first attempt to resolve these issues through this dispute resolution process. The disputing party shall notify the other party in writing as soon as practicable after discovering the claim, dispute, or breach. The notice shall state the nature of the dispute and list the party's specific reasons for such dispute. Within ten (10) business days of receipt of the notice, both parties shall make a good faith effort, either through email, mail, phone conference, in person meetings, or other reasonable means to resolve any claim, dispute, breach, or other matter in question that may arise out of, or in connection with this Agreement. If the Parties fail to resolve the dispute within sixty (60) calendar days of the date of receipt of the notice of the dispute, then the Parties may submit the matter to non - binding mediation upon written consent of the authorized representatives of both parties in accordance with Chapter 154 of the Texas Civil Practice and Remedies Code and Chapter 2009 of the Texas Government Code, then in effect. Request for mediation shall be in writing, and shall request that the mediation commence not less than fifteen (15) or more than forty-five (45) calendar days following the date of request, except upon Agreement of the Parties. In the event City and Artists are unable to agree to a date for the mediation or to the identity of a mutually agreed Artwork Acquisition. Storage. Delkcn_ and Installation Agreement Between the Cite of Fort Worth and Cameron Schoepp Page 25 of 53 mediator within thirty (30) calendar days following the date of the request for mediation, then all the conditions precedent in this article shall be deemed to have occurred. The Parties shall share the mediator's fee and any filing fees equally. Venue for any mediation or lawsuit arising under this Agreement shall be in Tarrant County, Texas. Any agreement reached in mediation shall be enforceable as a settlement agreement in any court having jurisdiction. No provision of this agreement shall waive any immunity or defense. No provision of this Agreement constitutes consent to sue. If the Parties cannot resolve the dispute through mediation, then either party shall have the right to exercise any and all remedies available under law regarding the dispute. (See Article 13.4) ARTICLE 15 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 forms 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. Artwork Acquisition. Storage_ Ueliven. and Installation Agreement Retween the Cite of Fort Worth and Cameron Schoepp Page 26 of 53 C. Artist shall furnish all information and reports requested by the City of Fort Worth, 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 the City of Fort Worth. ARTICLE 16 MISCELLANEOUS 16.1. Compliance. Artist shall comply with all Federal, State and City statutes, ordinances and regulations applicable to the performance of Artist services under this Agreement. 16.2. 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. 16.3. 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. 16.4. 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. Artwork Acquisition. Storage. Delivery, and Installation Agreement Between the City of Fort Worth and Cameron Schoepp Page 27 of 53 16.5. 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. 16.6. Successors and Assigns. Neither party hereto shall assign, sublet or transfer its interest herein without prior written consent of the other party, and any attempted assignment, sublease or transfer of all or any part hereof without such prior written consent shall be void. This Agreement shall be binding upon and shall inure to the benefit of City and Artist and its respective successors and permitted assigns. 16.7. 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. 16.8 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. 16.9. Contract Construction. The Parties acknowledge that each party and, if it so chooses, its counsel have reviewed and revised this Agreement and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party must not be employed in the interpretation of this Agreement or any amendments or exhibits hereto. 16.10. Fiscal Funding Out. If, for any reason, at any time during any term of this Agreement, the Fort Worth City Council fails to appropriate funds sufficient for City to fulfill its obligations under this Agreement, City may terminate this Agreement to be effective on the later of (i) thirty (30) days following delivery by City to Artist of Artwork Acquisition. Storage. DelkerN. and Installation Agreement between the ('ite of Fort Worth and Cameron Schoepp Page 28 of 53 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. 16.11. Captions. Captions and headings used in this Agreement are for reference purposes only and shall not be deemed a part of this Agreement. 16.12. Artist's Address. Artist shall notify the Contract Manager of changes in address. 16.13. Surviving Covenants. The covenants and obligations set forth in this Agreement shall not survive the death or legal incapacity of Artist. 16.14. Right to Audit. Artist agrees that City will have the right to audit the financial and business records of Artist that relate to the Conceptual Design (collectively "Records ") at any time during the Term of this Agreement and for three (3) years thereafter in order to determine compliance with this Agreement. Throughout the Term of this Agreement and for three (3) years thereafter, Artist shall make all Records available to City on 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 Article 16.14 shall survive expiration or earlier termination of this Agreement. 16.15 Survival Provision The provisions contained in Articles 7 (Warranties), 8 (Indemnity provision), and 11 (Artist as Independent Contractor) shall survive the termination or expiration of this Agreement. 16.16 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 Artwork Acquisition, Storage. Delivery. and Installation Agreement Between the City of Fort Worth and Cameron Schoepp Page 29 of 53 disclose any documents that may reveal any of Artist's 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 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. 16.17 Counterparts and Electronic Signatures This Agreement may be executed in several counterparts, each of which will be deemed an original, but all of which together will constitute one and the same instrument. A signature received via facsimile or electronically via email shall be as legally binding for all purposes as an original signature. 16.18 Time Extensions The Parties may agree, in writing, to extend or modify any of the time deadlines set forth in this Agreement. ARTICLE 17 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: CITY OF FORT WORTH: Fernando Costa, Assistant City Manager Artwork Acquisition. Storage. I)eli%cr%. and Installation Agreement Between the City of Fort Worth and Cameron Schoepp Page 30 of 53 City Manager's Office City of Fort Worth 1000 Throckmorton Street, Third Floor 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 ARTIST Cameron Schoepp 3308 W. 4tt' Street Fort Worth, Texas 76107-2117 SIGNATURES APPEAR ON THE FOLLOWING PAGE] Artwork Acquisition. Storage. I)eli%crv. and Installation Agreement 11cmecn the Cite of Fort Worth and Cameron Schoepp Page 31 of 53 IN WITNESS HEREOF, the Parties hereto have executed this Agreement as of the Effective Date. CITY OF FORT WORTH 4 -- , �0� � 4 �� �-/� by: Fernando Costa Assistant City Manager APPROVED AS TO FORM AND LEGALITY: Tyler F. ach Assistant City Attorney ATTFRTipn Rv• ARTIST c ,- ameron Schoepp Contract Authorization: M &C # C -25309 Date: December 6, 2011 170 F F I C I Al RECOR® CITY SECRETARY FT, jNORTH, TX Artwork Acquisition- Storage. Deliver }. and Installation Agreement Between the City of Dort Worth and Cameron Schoepp Page 32 of 53 Exhibit B: The Site Artwork Acquisition. Storage. Delivery. and Installation Agreement Between the City of Fort Worth and Cameron Schoepp Page 34 of 53 w ° 0 Q '? �a c Artwork Acquisition. Storage. Delivery. and Installation Agreement Between the City of Fort Worth and Cameron Schoepp Page 34 of 53 Exhibit C: Appraisal #6 z. taw GamW W , 9W Mum Stivo Arft COM w Ameriew k 1957 'Gila: m4ft i7 19" MCA= k,irticskm on ct Krvte piidix Dimenslow Five ekmenF3, ri* to left- 1) 4,rx4r x366" 2) 38 "x 35" x I9" 3? 34- x 4U" x 35 %" 4) 3r x .q3&"' x 36" 53 46" x 3r x 31" sipahirr Now %rtd —tha wft ftpoftd that be dDm na sign hu work Conmom Mkw xzmdws 1834 aacrotim an A; chips an the bark Wgr of #3, wrmhes on the dome of ft, d9p an the rrght &* 40 Five sepwat{s��e�i�e sy tttwhich him a styiuei. m► amp a Y h vice+�ci't }ve�1 y � ierr� Bose; am* fbtm s a hat, though . not ific 1A", . and is pied on its side e* stop the recta ular bases l Rep at VAuvu 155,6M.00 �n Fart Worth PUMic Art: Raoul Repimem w V aloe for tlmunrCe axevvW F.t1$ctrvc 4msc of gvrsimd 1130110; i*e of ft" t 1130th,' ApWdmr. I'm Caarpb0f; ASA -ASk tSA- GAPE, 4933 Buis Aw.; Fan Worth, TX 76107; 817/737 -93M,. we co(affiavh.net 21428 Artwork Acquisition. Storage. Delivery. and Installation Agreement Betwcen the City of Fort Worth and Cameron Schoepp Page 35 of 53 IF", Fort Wath POW Art; Retail RcplacO"Mt Vatoc for insttrarwr 4xwawe. Ef octive data ofappmtsW I W I(k Dote of kgxwt ]t3W Apprmixr Pam Cau tl A- SA- A.SA:1SA- C'APP. 4935 Byem Ave,; F( t Worth. TX 76107: 917/737-95M, weca*ft&dcnct 23 of 211 Artwork Acquisition. Storage. I)eliverv. and Installation Agreement Between the City of Fort Worth and Cameron Schoepp Page 37 of 53 Exhibit D: Budget TRAI+EL (Fix arm WW We mare tan SO Mies tram Fret WOO) Akfare Car Re"w Per Csenr Expeiaeer at 3_ Per mil' MWage at S__ per mse 1NSIIRANCE Adodfred VWCle LtabKy QWWat Ltab9fty for Artst f St adtxfi Worlmrs Coorpr. f Empbyerc LWbNt1' Other, 25 appleable AUNMOSTRATME EXPENSES PhrxrYFaz ��?tst phr9 o-eW r *—, sarro- medWi etc) Reprdgraphta seroce saw" PRQFESSONAL C KUJLTANT FEES ¢ appk aM must be sW-,d and seaMd by a prasessrohal mq%kred to prac5ce In Qle SUIP or Texas) Ald t e s xal D*Weer B E[upwy- Conservator RKADWaPt—(ArMCLE-niAMof CURWWtm WW Otrler, MATEMALS pneace ad3M a mete ad ofmabMa. Mwfte al anb*ated aspects arm awponefft w4h per on# oost) humflaw Tdfai FABRBCATMN CURTS (@hdhde and 1 MV-e A MOM of Su Dw*aded wort and work to be ow"ehad by artlst.) Aitisft Labor (_ hours at; per hatiq Tdlat %bconvacted labor (Tom) Fa In.eM Rental fused ezdwAmly for M prc)ed) mWWd to tabkMar SITE PREPARATION pa not h mde cods oov emd by FWPA, Cy of Fart WoM or alms) Test Or Mng- ttarrr Nar Landscaptrrgnnlgonon' Elecbtral Modecaborw Water WorkANechaftal Oevkm CWwr PMbt-dMay29"1) Artwork Acquisition. Storage_ Delivery. and Installation Agreement Between the Citv of Fort Worth and Cameron Schoepp Page 38 of' 53 TRANSPORTATION Exhibit D: Budget (cont.) Materials to Fabrication Site* Finished Work to Installation Site* Other* BASEIMOUNTING Base M"fing Devices and Components FoundationiFocting Other INSTALLATION COSTS (Costs must include allowance for after hours installation, it applicable. Please attach a complete list of equipment and individual estimates with this form) Subcontracted Labor* Scaffolding' Equipment Rental related to installation* Off -duty PokeJSecurity' Traffic Barriers' Storage Facility Rental' City Permits Display Devices Fireproofing* Site RestonabW Other* LIGHTING Designers* Fixtures* Bulbs* Site Preparation* Installation' GRAND TOTAL Please make any necessary notes here: Prepared By, Date. (Revised May 2041 } Artwork Acquisition. Storage. I)clikcr\. and Installation Agrccincni Bct),kccn the Cite of Fort Worth and Cameron Schocpp Page 39 ot'53 Exhibit E: Technical and Maintenance Record GENERAL INFORMATION Artist: Address: Telephone: Cell: E -mail: Gallery Affiliation: Other Representation: ARTWORK Title of Artwork: Project Name and Location Address: FWPA Project Manager: Description of Artwork: (attach separately if necessary): Artwork Dimensions: Height: Pedestal or Pad Material: _ Pedestal or Pad Dimensions: Height: Width: Width: Location & Description of Signature Markings (or copyright): Edition Information if applicable: Artwork Acquisition. Storage. DeliverN. and Installation Agreement Hem een the Cite of Fort Worth and Cameron Schoepp Depth: Depth: Page 40 of 53 Date of Execution: Place of Execution: Collaborating Artist: Fabricator (if other than artist) Fabricator Address: Methods /Materials Used in Execution of Artwork Materials (list type, brand name and manufacturer of all materials; attach Material Safety & Technical Data. Include contact names for all suppliers and attach warranty information): Construction Description: (list all fabricators and any architects, engineers or other technicians involved in the creation and installation of this artwork. Attach all warranties & agreements) Material(s) Specifications: Joining Methods: Welding Rod Alloy or Joint Material & Application Method: Casting Alloy, Wax Body, Glass or Fiber Type: Artwork Acquisition. Storage. Deliver. and Installation Agreement Between the Citti of Fort Worth and Cameron Schoepp Page 41 of 53 Finishes & Coatings (paint color and type, glaze, patina, any and all coatings including fixative, UV, graffiti, etc. Please list vendors and contact information and provide all product information): Pedestals, Foundations & Footings, Mounting and Attachment Applications (List all materials used to install artwork on site. Include vendor information, parts numbers, warranties and agreements.) Integrated Components (List all components included in design and fabrication contracts that function as a part of the final installation including but not limited to: lighting, media, landscaping, etc. Include all vendor information, parts numbers, warranties and agreements and any /all design schematics): Installation Installation Date: Installation Method: (describe installation method, provide photo documentation if available. List name and contact information of installation crew. Attach any diagrams or disassembly instructions.) Artwork Acquisition. Storage. Delker�. and Installation Agreement Between the Cite of Fort Worth and Cameron Schoepp Page 42 of 53 Recommended Routine Maintenance Artist recommendation based on experience and consultation with conservation expert Artist's Conservation Consultant Name: Address: Phone: (Please attach Conservator's Long Term Maintenance Recommendations) Unusual or Special Circumstances of Note Artist's Intention (Please describe your view of how the artwork will change over time and in response to environmental conditions. Artist's vision of how the artwork will look in the future assists FWPA in realizing an appropriate conservation action plan. In addition to environmental conditions public artworks are often affected by public handling, landscaping and site changes. Please clearly detail your expectations for this artwork. Please address issues related to the life expectancy of this artwork.) ArMork Acquisition. Storage. UelkerN. and Installation Agreement Between the City of Dort Worth and Cameron Schocpp Page 43 of 53 Exhibit F: Affidavit AFFIDAVIT OF BILLS PAID Date: Affiant: Purchaser: Property: Affiant on oath swears that the following statement is true: Affiant has paid each of Affiant's contractors, laborers, and materialmen in full for all labor and materials provided to Affiant for the construction of any and all improvements on the property. Affiant is not indebted to any person, firm, or corporation by reason of any such construction. There are no claims pending for personal injury and /or property damages. Affiant: SUBSCRIBED AND SWORN TO before me, the undersigned authority, on this the day of 2012. Notary Public, State of Texas Print Name Commission Expires Artwork Acquisition. Storage. Deliver\, and Installation Agreement Between the City of Fort Worth and Cameron Schoepp Page 44 of 53 Exhibit G: Sales Tax Exemption TEXAS CVKQ FI CATE OF KX CN1PTION I idaiin an exemption from payinem of tittles and use taxe tint the pwultwse of taxabtr items described below or on the attached on1cr or invoice, DeWiption (4 Items W an attached ofder or Invoice) To Be Ptwchased: I Claim this exeraptiott for the k4lowing reawm� Name of Exempt Or1pnizatwim- CITY OF FORT WORTH, TEXAS TEXAS SALES AND USE TAX PERMIT NUMBER 1-75-0100528-6 Nied for which materials and supplies are punhasod: I underAmid that I will be liable fi)r paymcat of sales tax. whicli may become due for failure, jo c(miply with the prov600ns of ft state, city, andlor metropolitan transit authority sales and use tax laws and Liability fiv the tax will be determined by the prix e paid fm the taxable items purchased or the fair market rental value for the pffi(A of time used- I understand that it is a misderacanor to jive an exemption certificate to the seller fir taxable itt= S which I know, at the timeof the purchase, will be used in a manner oth than that expLmsed in this ce0ificatc and, upon conviction, may be fined lip to S 5W M offense, purchaser: CITY OF FORT WORTH, TEXAS Street Addr mw 1000 THROCKNIORTON STREET city, stalvi Zip Code: FORT WORTH. TEXAS '76102 Sign Herc, Dale: 3une1 1.:009 ph(Hic- This cernfleate dots not require a nut bcT to be valid, Sales and use tax "exemption numbers" or -tax exempt " numbers do not exist. Thi-4 stkkAAI he furnished to thc,54pplier. Do toot send the compicted c-oiificatc to the Comptroller of Publie Accounts, Arty -,ork Acquisition, Storage. Delivery, and Installation Agreement Ilem een the City of Fort Worth and Cameron Schoepp Page 45 ol'53 1 /4" losss, pedestal Exhibit H: Initial Condition Report Hats Cameron Schoepp, 1999 Limestone #1 surface sci loss 1/2 ", edge Examined by: Notes: 0, a goo 0011 011. FORT WORTH PUBLIC ART Artwork ACyuisition. Storage. UCliven_ and Installation Agreement Bctv+CCn the Cite of' Fort Worth and Cameron SChoepp Date: Ing hes 2BW loss ale natural degration Page 46 of 53 12, Examined by: Notes, Art),tiork Acquisition. Storage. Ucli�crN. and Installation Agreement Flom,cen the Cite of Fort Worth and Cameron Schoepp Page 47 of 53 Hats Cameron Schocpp, 1999 Limestone #2 loss at top perimeter edge biological grow original material origins Examined by: Notes: 9MATA VA FORT WORTH PUBLIC ART Date: minor loss/chipping x 1i2" W 1 oss or lossfchipping, k marks loss at rigbt ewe sVerficial black markings loss and chipping at perimeter edges, evidence of normal age including wear and tear from public interaction. No siymficant Art%wrk Acquisition. Storage. Deliver}, and Installation Agreement ket"cen the C'itN of Fort Worth and Cameron Schoepp Page 48 of 53 > >n "Ie loss edg pert sur ALT Nl FORT WORTH PUBLIC ART Hats C=eron Schoepp,1999 Limestone #3 Examined by: Notes: Artkkork Acquisition_ Storage. Ueliverv, and Installation Agreement 13etvveen the City of Fort Worth and Cameron Schoepp Date: hes 3rkings pedestal eage Page 49 of 53 Hats Cameron Schoepp, 1999 Limestone #d minor loss at perimeter possibly natural wear and age or original condition of stone orginal surface patch at stone foot concrete pedestal crack loss, scratct markings W AN VAM PORI !NORTH PUBLIC ART loss, possibly I swear or scratches Itching Examined by: Notes: Artwork Acquisition. Storage. DeliverN, and Installation Agreement Between the City of Fort Worth and Cameron Schoepp Date: Page 50 of 53 1/2 1/2" loss) JT4& Cameron Schoepp,1999 Limestone #5 black patc black Examined by: Notes: '►1 vM, tORT WORTH PU8t1C ARt Artwork Acquisition. Storage. DcliverN_ and Installation Agreement liet"cen the City of Fort Worth and Cameron Schoepp Date: ng/fill atc hes markings markings Page 51 of 53 Exhibit I: Insurance Requirements PUBLIC ART PROJECTS - INSURANCE REQUIREMENTS Artist shall meet all the following insurance requirements for this Project. If Artist subcontracts fabrication, transportation, and /or installation of the Work, then Artist shall also require his/her subcontractor(s) to abide by all of the following insurance requirements. Commercial General Liability (CGL) $1,000,000 Each occurrence $2,000,000 Aggregate limit Coverage shall include, but not be limited to, the following: premises, operations, independent contractors, products /completed operations, personal injury, and contractual liability. Insurance shall be provided on an occurrence basis, and be as comprehensive as the current Insurance Services Office (ISO) policy. The policy shall name City as an additional insured. Bailee's /Property The inland marine policy shall provide per occurrence coverage at replacement cost value based on the latest appraised value of the Artwork, which is entrusted to the Artist and is considered to be in the Artist's care, custody, and control and shall include property "in transit." Automobile Liability $1,000,000 Each accident or $250,000 Bodily Injury per person $500,000 Bodily Injury per occurrence $100,000 Property Damage A commercial business policy shall provide coverage on "Any Auto," defined as autos owned, hired and non - owned. For Artist and /or Artist's Subcontractors who have employees: Workers' Compensation Statutory limits Employer's liability $100,000 Each accident /occurrence $100,000 Disease - per each employee $500,000 Bodily Injury/Disease - policy limit Workers' Compensation coverage shall provide limits consistent with statutory benefits outlined in the Texas workers' Compensation Act (Art. 8308 — 1.01 et seq. Tex. Rev. Civ. Stat.). GENERAL POLICY REQUIREMENTS The certificate of insurance shall include an endorsement naming the City of Fort Worth, its' Officers, Employees and Volunteers as an "Additional Insured" on all liability policies. Exception... the additional insured requirement does not apply to Workers' Compensation or Automobile policies. Artwork Acquisition. Storage. Delivery. and Installation Agreement Between the City of Fort Worth and Cameron Schoepp Page 52 of 53 Artist is responsible for providing the City a thirty day (30) notice of cancellation or non - renewal of any insurance policy and may not change the terms and conditions of any policy that would limit the scope or coverage, or otherwise alter or disallow coverage as required herein. Waiver of rights of recovery (subrogation) in favor of City of Fort Worth. The insurers for all policies must be licensed /approved to do business in the State of Texas. All insurers must have a minimum rating of A- VII in the current A. M. Best Key Rating Guide or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. If the rating is below that required, written approval of Risk Management is required. If insurance policies are not written for specified coverage limits, an Umbrella or Excess Liability insurance for any differences is required. Excess Liability shall follow form of the primary coverage. "Unless otherwise stated, all required insurance shall be written on an "occurrence basis." The deductible or self - insured retention (SIR) affecting required insurance coverage shall be acceptable to and approved in writing by the Risk Manager of City of Fort Worth in regards to asset value and stockholders' equity. In lieu of traditional insurance, alternative coverage maintained through insurance pools or risk retention groups, must also approved by City's Risk Manager. City, at its sole discretion, reserves the right to review the insurance requirements and to make reasonable adjustments to insurance coverages and their limits when deemed necessary and prudent by City based upon changes in statutory law, court decision or the claims history of the industry as well as of the contracting party to City of Fort Worth. City shall be required to provide prior notice of ninety days. City shall be entitled, upon request and without expense, to receive copies of policies and endorsements thereto and may make any reasonable requests for deletion or revision or modifications of particular policy terms, conditions, limitations, or exclusions except where policy provisions are established by law or regulations binding upon either of party or the underwriter on any such policies. Artwork Acquisition. Storage. Deliver). and Installation Agreement Between the City of Fort Worth and Cameron Schoepp Page 53 of 53 M &C Review CITY COUNCIL AGENDA Page 1 of 2 Official site of the City of Fort Worth, Texas FORT «"ORT11 'Iry COUNCIL ACTION: Approved on 12/6/2011 - Ordinance No. 19991 -12 -2011 DATE: 12/6/2011 REFERENCE NO.: * *C -25309 LOG NAME: 20HATS ARTWORK ACQUISITION CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: Authorize Acceptance of a Monetary Donation in the Amount of $2,000.00 from Downtown Fort Worth Initiatives, Inc., Authorize an Addendum to a Contract with Unified Fine Art Services, L.L.C., in an Amount Not to Exceed $20,000.00 to Remove Artwork from General Worth Square and Authorize a Sole- Source Agreement with Artist Cameron Schoepp for $77,774.00 to Acquire, Store and Install Artwork at the Fort Worth Community Art Center Located at 1300 Gendy Street and Adopt Appropriation Ordinance (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council: 1. Authorize acceptance of a monetary donation in the amount of $2,000.00 from Downtown Fort Worth Initiatives, Inc., to assist with costs associated in the deinstallation and transportation of an artwork entitled Hats by Cameron Schoepp, which is currently located at General Worth Square in downtown Fort Worth; 2. Adopt the attached supplemental appropriation ordinance increasing estimated receipts and appropriations in the Public Art Conservation section of the Specially Funded Capital Projects Fund in the amount of $2,000.00 from available funds upon receipt of a donation from Downtown Fort Worth Initiatives, Inc.; 3. Authorize an addendum with Unified Fine Art Services, L.L.C., City Secretary Contract No. 40164, in an amount not to exceed $20,000.00 for deinstallation of artwork and transportation to storage; and 4. Authorize a Sole- Source Artwork Acquisition and Installation Agreement with Cameron Schoepp in the amount of $77,774.00 for acquisition, temporary storage, engineering, site preparation and installation of the artwork at the Fort Worth Community Art Center located at 1300 Gendy Street. DISCUSSION: Hats (the Artwork) is a whimsical public artwork composed of five limestone sculptures created at the 1999 Sculpture Symposium held at the Botanic Gardens by Fort Worth based artist Cameron Schoepp. The Artwork has been on long -term loan to the City of Fort Worth since that time and was permanently installed in General Worth Square. Construction of the JFK Tribute and other improvements at General Worth Square are scheduled to begin very soon. As a result, the Artwork must be removed from the site. Recognizing that the Artwork has become a beloved part of the urban environment of Fort Worth and has been on loan for over a decade, the Fort Worth Art Commission made a formal recommendation on October 10, 2011 to acquire the Artwork by Cameron Schoepp for the Fort Worth Public Art Collection and relocate it to the Fort Worth Community Art Center. Cultural District stakeholders have indicated support of this effort. The Long Range Public Art Plan for the 2004 Bond Program included funding for the realignment of Harley and the project scope includes, among other goals, Landscape Gendy Street Phase II. The city-owned Fort Worth Community Art Center is located at 1300 Gendy Street and offers a suitable http: / /www. fortworthgov.org /council _packet /mc_ review. asp ?ID =16132 &councildate = l 2/... 2/10/2012 M &C Review Page 2 of 2 site for the Artwork that will be compatible with the architecture of the building, which is clad in limestone. Sited along the sidewalk, the Artwork will be accessible to pedestrians and visible to vehicles driving on Gendy Street. Approval of this Mayor and Council Communication will make it possible for the Artwork to be removed from General Worth Square in a timely manner using Unified Fine Art Services, L.L.C., currently under retainer by the City of Fort Worth for such projects. Funding for the addendum will be derived from the Specially Funded Capital Projects Fund (Conservation). Artist Cameron Schoepp will present a proposal for the exact placement of the Artwork along the sidewalk on Gendy Street to the Fort Worth Art Commission for approval and will work with a professional engineer to design new footings for the City's approval. Installation at the new site will be scheduled for Spring 2012. FISCAL INFORMATION /CERTIFICATION: The Financial Management Services Director certifies that funds are available in the current capital budget, as appropriated, of the Street Improvements Fund, and upon adoption of the attached appropriation ordinance, funds will be available in the Specially Funded Capital Projects Fund. TO Fund /Account/Centers 1 &2) $2,000.00 C291 472045 201889990400 1&2) $2,000.00 C291 541200 201889990400 Submitted for City Manager's Office by: Originating Department Head: Additional Information Contact: ATTACHMENTS 20HATS ARTWORK ACQUISITION AON.doc FROM Fund /AccounVCenters 3) C291 541200 201889990400 $20,000.00 3) C200 531200 207980014330 $60,000.00 3) C200 541200 207980014380 $17.774.00 Fernando Costa (6122) Douglas W. Wiersig (7801) Martha Peters (298 -3025) http: / /www.fortworthgov.org /council _packetlmc _ review.asp ?ID =16132 &councildate =l 2/... 2/10/2012