HomeMy WebLinkAboutContract 57250 rr5l SECRETARY
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ERQUMONAL SERVICES AGREEMENT
BETWEEN REFESTUS FINE ARTS AND THE CITY OF FORT WORTH
This PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and entered into by and
between the CITY OF FORT WORTH(the"City"),a home rule municipal corporation situated in Texas,
acting by and through Fernando Costa,its duly authorized Assistant City Manager,and Hefestus Fine Arts,
LLC(the"Contramej,a Texas Limited Liability Company,located at 3823 E Hwy 199 Springtown,TX,
76082, and acting by and through Krystal USerge, its duly authorized Operations Manager, each
individually referred to as a"party"and collectively referred to as the"parries."City has designated the
Arts Council of Fort Worth and Tarrant County,Inc.,to manage this Agreement on its behalf("Contract
Manager"). The Contract Manager shall act through its designated Public Art Collection Manager.
WHEREAS, pursuant to Chapter 2, Sections 2-56 through 2-61 of the Fort Worth Code of
Ordinances,the Fort Worth Public Art Prograna'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 Contractors 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,in 2021,the City accepted the donation of a bronze sculpture titled Buster Welch do
King Ranch's Little Peppy by Kelly Crraham("Artist')depicting cutting icon Buster Welch on horseback
cutting a Santa Gertrudis cow("Artwork");
WHEREAS,the Donor of the artwork has provided funding for maintenance and conservation of
the Artwork;
WHEREAS,the Artwork,featuring a custom patina,was originally fabricated by Contractor,
WHEREAS,in accordance with the Artist's recommendation,the Contractor was approached by
the City to provide a cast estimate for onsite cleaning and maintenance of the Artwork;
WHEREAS,the City and Contractor wish to set out the terms and conditions for maintaining the
Artwork;
NOW, THEREFORE, the City and Contractor for and inconsideration of the covenants and
agreements hereinafter set forth,the sufficiency of which is hereby acknowledged,agree as follows:
The Contract documents shall include the following:
1. This Agreement for Professional Services
2. Exhibit A—The Artwork
3. Exhibit B—Estimate
4. Exhibit C—Texas Sales and Use Tax Exemption Certificate
5. Exhibit D—Affidavit
All Exht'bits attached hereto arc incorporated herein and made a part of this Agrecment for all purposes.la
the event of any conflict between the documents,the terms and conditions of this Agreement shall oontrol.
The term"Contractor"shall include the Contractor,and its officers,agents, employees, pembfiv,034
servants,Contractors or subcontractors.
The term"City"shall include its officers,employees,agents,and representatives.
Professional Services Agreement between City of Fort Worth and Hefestus Fine Arts UC
='U-,.L RECORD
cy SECRETARY
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1. SCOPE OF SERVICES.
I.I. Contractor hereby agrcea to provide the City with professional services to clean and touch
up the Artwork as outlined in this section and Exhibit"B"("Estimate')annually and on an as-needed basis.
The Artwork is owned by the City of Fort Worth.As additional work to that set out in Section 1.2 below,
and additionally compensated under the same rates set out in Exhibit B,Contractor,if requested by City,
shall also assist with a subsequent review of the repairs and corrections,if necessary.
1.2. City is a tax-exempt organization and no state or local sales taxes or federal excise taxes
shall be due pursuant to this Agreement. City shall supply Contractor with the certificate for use by
Contractor in the fulfillment of this Agreement in substantially the same form as Exhibit"C"Texas Sales
and Use Tax Exemption Certificate.
1.3. Additional services, supplies, rentals, or deliverables must be approved in writing in
advance of performance. Contractor will only be compensated for any such additional services or
reimbursed as agreed to by the parties.
2. TERM.
The initial term of this Agreement is for one year,beginning on the date that this Agreement is
executed by the City's Assistant City Manager("Effective Date").unless terminated earlier in accordance
with this Agreement("Initial Term'). Following the Initial Term, City will have the option, in its sole
discretion, to renew this Agreement annually under the same terms and conditions (esch a "Renewal
Term").
3. COM1'FN$ATION.
City will pay Contractor in accordance with the provisions of this Agreement,mchidmg Exhibit
"B,"—Estimate. [a so event will total annual compensaeon under this Agreement exceed THREE
THOUSAND DOLLARS (S3,000.00). Payment from the City to the Contractor shall be made on an
invoice basis following receipt of a signed invoice with adequate documentation provided at submission
of invoice,all in form acceptable to the City.Contractor shall not perform any additional services for the
City not specified by this Agreement unless the City requests and approves in writing the additional costs
for such services.The City shall not be liable for any additional expenses of Contractor not specified by
this Agreement unless the City first approves such expenses in writing.
4. TERMINATION,
4.1. Convenience, The City or Contractor may terminate this Agreement at any time and for
any reason by providing the other party with thirty(30)days written notice of termination.
41. Non-Armmoriatjm of Funds.In the event no funds or instif icicnt funds are appropriated
by the City in any fiscal period for any payments due hereunder, City will notify Contractor of such
occurrence and this Agreement shall terminate on the last day of the fiscal period for which appropriations
were received without penalty or expense to the City of any kind whatsoever,except as to the portions of
the payments herein agreed upon for which fins have been appropriated
4.3. Breach,Subject to Section 27 herein, either party may terminate this Agreement for
breach of duty,obligation or warranty upon exhaustion of all remedies set forth in Section 27.
4.4. Duties mid Obli tions of the Parties.In the event that this Agreement is terminated prior
to the expiration date,the City shall pay Contractor for services actually rendered up to the effective date
Professional Services AVeement between City of Fort worth and Hefestm Fine Arts L.L.0
of termination and Contractor shall continue to provide the City with services requested by the City and in
accordance with this Agreement up to the effective date of termination.Upon termination of this Agreement
for any reason, Contractor shall provide the City with copies of all completed or partially completed
documents prepared under this Agreement.In the event Contractor has received access to City information
or data as a requirement to perform services hereunder,Contractor shall return all City provided data to the-
City in a format deemed acceptable to the City.
5. DISCLOSURE OF CONFLICTS AND CONFIDENTIAL INFORMATION,
5.1. Disclosm of Conflicts.Contractor hereby warrants to the City that Contractor has made
full disclosure in writing of any existing or potential conflicts of interest related to Contractor's services
under this Agreement. In the event that any conflicts of interest arise after the Effective Date of this
Agreement,Contractor hereby agrees immediately to snake full disclosure to the City in writing.
52. Confiden"Information. Contractor,for itself and its officers, agents and employees,
agrees that it shall treat all information provided to it by the City as confidential and shall not disclose any
such information to a third party without the prior written approval of the City.
53. Unauthorized Access. Contractor shall store and maintain City Information in a secure
manner and shall not allow unauthorized users to access, modify, delete or otherwise corrupt City
information in any way. Contractor shall notify the City immediately if the security or integrity of any
City information has been compromised or is believed to have been cmpmtnised, in which event,
Contractor shall, in good faith, use all commercially reasonable efforts to cooperate with the City in
identifying what information has been accessed by unauthorized means and shall fully cooperate with the
City to protect such information from further unauthorized disclosure.
6. RIGHT TO AUDIT.
Contractor agrees that the City shall,until the expiration of throe(3)years after final payment
under this contract,or the final conclusion of any audit commenced during the said three years, have
access to and the right to examine at reasonable times any directly pertinent books,documents,papers
and records of the Contractor involving transactions relating to this Contract at no additional cost to the
City. Contractor agrees that the City shall have access during normal working hours to all necessary
Contractor facilities and shall be provided adequate and appropriate work space in order to conduct audits
in compliance with the provisions of this section. The City shall give Contractor reasonable advance
notice of intended audits.
Contractor further agrees to include in all its subcontractor agreements hereunder a provision to
the effect that the subcontractor agrees that the City shall,until expiration of three(3)years after final
payment of the subcontract,or the final conclusion of any audit commenced during the said three years
have access to and the right to examine at reasonable times any directly pertinent books, documents,
papers and records of such subcontractor involving transactions related to the subcontract,and further that
City shall have access during normal working hours to all subcontractor facilities and shall be provided
adequate and appropriate work space in order to conduct audits in compliance with the provisions of this
paragraph.City shall give subcontractor reasonable notice of intended audits.
7. INDEPENDENT CONTRACTOR.
It is expressly understood and agreed that Contractor shall operate as an independent contractor
as to all rights and privileges and work petformed under this agreement,and not as agent,representative
or employee of the City. Subject to and in accordance with the conditions and provisions of this
Agreement,Contractor shall have the exclusive right to control the details of its operations and activities
Pmfessional Services Agreement between City of Fort Worth and Hefcstus Fine Arts UZ
and be solely responsible for the acts and omissions of its officers, agents, servants, employees,
Contractors and subcontractors.Contractor acknowledges that the doctrine of respondeat stgwrior shall
not apply as between the City,its officers,agents,servants and employees,and Contractor,its officers,
agents, employees, servants, Contractors and subconWicto s. Contractor further agrees that nothing
herein shall be construed as the creation of a partnership or joint enterprise between City and Contractor.
It is further understood that the City shall in no way be considered a Co-employer or a Joint employer of
Contractor or any officers, agents, servants, employees or subcontractors of Contractor. Neither
Contractor,nor any officers,agents,servants,employees or subcontractors of Contractor shall be entitled
to any employment benefits from the City. Contractor shall be responsible and liable for any and all
payment and reporting of taxes on behalf of itself,and any of its officers,agents,servants,employees or
subcontractors.
8. LIABILITY AND INDEMNIFICATION.
&I. ,LIABII STY. CONTRACTOR SHALL BE LIABLE AND RESPONSIBLE FOR
ANY AND ALL PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY,
INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER,
WHETHER REAL OR ASSERTED,TO THE EXTENT CAUSED BY THE NEGLIGENT ACT(S)
OR OMISSION(S),MALFEASANCE OR INTENTIONAL MISCONDUCT OF CONTRACTOR,
ITS OFFICERS,AGENTS,SERVANTS OR EMPLOYEES.
8.2. INDEMNIFICATION,CONTRACTOR HEREBY COVENANTS AND AGREES
TO INDEMNIFY,HOLD HARMLESS AND DEFEND THE CITY,ITS OFFICERS,AGENTS,
SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR
LAWSUITS OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, FOR
EITHER PROPERTY DAMAGE OR LOSS(INCLUDING ALLEGED DAMAGE OR LOSS TO
CONTRACTOR'S BUSINESS AND ANY RESULTING LOST PROFITS)AND/OR PERSONAL
INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, ARISING OUT OF OR IN
CONNECTION WITH THIS AGREEMENT, TO THE EXTENT CAUSED BY THE
NEGLIGENT ACTS OR OMISSIONS OR MALFEASANCE OF CONTRACTOR, ITS
OFFICERS,AGENTS,SERVANTS OR EMPLOYEES.
9. ASSIGNMENT AND SUBCONTRACTING,,
Contractor shall not assign or subcontract any of its duties, obligations or rights under this
Agreement without the prior written consent of the City,however,City expressly grants Contractor the
right to subcontract engineering services. If the City grants consent to an assignment,the assignee shall
execute a written agreement with the City and the Contractor tinder which the assignee agrees to be bound
by the duties and obligations of Contractor under this Agreement.The Contractor and Assignee shall be
,jointly liable for all obligations of the Contractor under this Agreement prior to the effective date of the
assignment. If the City grants consent to a subcontract,the subcontractor shall execute a written agreement
with the Contractor referencing this Agreement under which the subcontractor shall agree to be bound by
the duties and obligations of the Contractor under this Agreement as such duties and obligations may apply.
The Contractor shall provide the City with a fully executed copy of any such subcontract.
10. INSURANCE.
Contractor shall provide the City with certificate(s) of insutaeee documenting policies of the
following minimum coverage limits that are W be in effect prior to commencement of any work pursuant
to this Agreement:
10.1. Comae and Limits for Contractor.
Professional Services Agreement botwoen City of Fort Worth and Hefestus Fine Arts LLC
(a) Commercial General Liability
$1,000,000 Each Occurrence
$1,000,000 Aggregate
10.2. Qy s and Limits for CAgglUg.es SLbc MjMMd E&gjMM
(a) Commercial General Liability
$1,000,000 Each Occurrence
$1,000,000 Aggregate
(b) Professional Liability
$1,000,000 Each Occurrence
$1,000,000 Aggregate
10.3. General Reouirements.
(a) The commercial general liability and professional liability policies shall name the City as
an additional insured thereon, as its interests may appear. The term City shall include its
employees,officers,officials,agents,and volunteers in respect to the contracted services.
(b) A minimum of Thirty(30)days'notice of cancellation or reduction in limits of coverage
shall be provided to the City. Ten(10)days'notice shall be acceptable in the event of non-payment
of premium.Notice shall be sent to the Risk Manager,City of Fort Worth,200 Texas Street,Fort
Worth,Texas 76102,with copies to the City Attorney at the same address.
(c) The insurers for all policies must be licensed and/or 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 City's
Risk Management. If the rating is below that reyuiced,written approval of City's Risk Management
is required.
(d) Any failure on the part of the City to request required insurance documentation shall not
constitute a waiver of the insurance requirement.
(e) Certificates of Insurance evidencing that the Contractor has obtained all required insurance
shall be delivered to the City prior to Contractor proceeding with any work pursuant to this
Agreement.
11. COMPLIANCE WITH LAWS,ORDINANCES.RULES AND REGULATIONS.
Contractor agrees that in the performance of its obligations hereunder, it will comply with all
applicable federal,state and local laws,ordinances,rules and regulations and that any work it produces in
connection with this Agreement will also comply with all applicable federal, state and local laws,
ordinances,rules and regulations. If the City notifies C;ontractor of any violation of such laws,ordinances,
rules or regulations,Contractor shall immediately desist from and correct the violation.
12. NON-DISCRIMINATION COVENANT.
Contractor,for itself,its personal representatives,assigns,subcontractors and successors in interest,
as part of the consideration herein,agrees that in the performance of Contractor's duties and obligation$
hereunder,it shall not discriminate in the treatment or employment of any individual or group of individuals
on any basis prohibited by law. If any claim arises tyom an alleged violation of this non-discrimination
covenant by Contractor,its personal representatives.assigns,subcontractors or successors in
Professional Services AV m m between City of Fort Worth and Helestus Fine Arts LLC
i
interest,Contractor agrees to assume such liability and to indemnify and defend the City and hold the City
harmless from such claim.
13. NOTICES
Notices required pursuant to the provisions of this Agreement shall be conclusively determined
to have been delivered when (1) hand-delivered to the other party, its agents, employees, servants or
representatives,(2)delivered by facsimile with electronic confirmation of the transmission,or(3)received
by the other party by United States Mail,registered,return receipt requested,addressed as follows:
City of Fort Worth Hefestus Fine Arts LLC
Attn:Fernando Costa,Assistant City Manager Attention:Krystal LaBerge
200 Texas St. 3823 E Hwy 199
Fort Worth TX 76 1 02-63 11 Springtown,TX,76092
With Copy to the City Attorney at same address,and
Martha Peters,Director of Public Art
Arts Council of Fort Worth
1300 Gendy Street
Fort Worth TX 76107
14. SOLICITATION OF EMPLOYEES.
Neither the City nor Contractor shall,during the term of this Agreement and additionally for a
period of one(1)year after its termination, solicit for employment or employ,whether as employee or
independent Contractor, any person who is or has been employed by the other during the term of this
Agreement,without the prior written consent of the persont's employer. Notwithstanding the foregoing,
this provision shall not apply to an employee of either party who responds to a general solicitation of
advertisement of employment by either party.
15. GOVERNMENTAL POWERS/IMMUN MES.
It is understood and agreed that by execution of this Agreement, the City does not waive orl
surrender any of its governmental powers or immunities.
16. NO WAIVER.
The failure of the City or Contractor to insist upon the performance of any term or provision of
this Agreement or to exercise any right granted herein shall not constitute a waiver of the City's or,
Contractor's respective right to insist upon appropriate performance or to assert any such right on any
futrm occasion.
17. GOVERNING LAW/VENUE.
This Agreement shall be construed in accordance with the laws of the State of Texas.If any
whether real or asserted,at law or in equity,is brought pursuant to this Agreement,venue for such>
shall lie in state courts located in Tarrant County,Texas or the United States District Court for the Northernl
District of Texas,Fort Worth Division.
19. SEVERAB LITY.
If any provision of this Agreement is 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.
Professional Services Agreemort between City of Fort Worth and Hefestus Fine Arts LLC
19. FORCE MAJEURE.
City and Contractor will exercise their best efforts to meet their respective duties and obligations
as set forth in this Agreement,but will not be held liable for any delay or omission in performance due to
force majeure or other causes beyond their reasonable control, including,but not limited to,compliance
with any government law,ordinance,or regulation;acts of God;acts of the public enemy;foes;strikes;
lockouts;natural disasters;wars;riots;epidemics or pandemics;government action or inaction;orders of
government; material or labor restrictions by any govemmental authority, transportation problems;
restraints or prohibitions by any court,board,department,commission,or agency of the United States or
of any States; civil disturbances;other national or regional emergencies; or any other similar cause not
enumerated herein but which is beyond the reasonable control of the Party whose performance is affected
(collectively,"Force MWure Event"). The performance of any such obligation is suspended during the
period oC and only to the extent of, such prevention or hindrance,provided the affected Party provides
notice of the Force Majeure Event, and an explanation as to how it prevents or hinders the Party's
performance,as soon as reasonably possible after the occurrence of the Force M t*m Event,with the
reasonableness of such notice to be determined by the City in its sole discretion.The notice required by
this section must be addressed and delivered in accordance with Section 13 of this Agreement
20. HEADINGS NOT CONTROLLING.
Headings and titles used in this Agreement are for reference purposes only,shall not be deemed a
part of this Agreement,and are not intended to define or limit the scope of any provision of this Agreement
21. REVIEW OF COUNSEL.
The parties acknowledge that each party and its counsel have reviewed and revised this Agreement
and that the normal rules of construction to the effect that any ambiguities are to be resolved against the
drafting party shall not be employed in the interpretation of this Agreement or exhibits hereto.
22. NDMENTS.
No amendment of this Agreement shall be binding upon a party hereto unless such amendment is
set forth in a written instrument,which is executed by an authorized representative of each party.
23. ENTIRETY OF AGREEMENT.
This Agreement, including the schedule of exhibits attached hereto and any documents
incorporated herein by reference,contains the entire understanding and agreement between the City and
Contractor, their assigns and successors in interest, as to the matters contained herein. Any prior or
contemporaneous oral or written agreement is hereby declared null and void to the extent in conflict with
any provision of this Agreement.
24. COMMLEAM D ELECTRONIC SIGNATURES.
This Agreement may be executed in one or more counterparts and each counterpart shall, for all
purposes, be deemed an original, but all such counterparts shall together constitute one and the sane
instrument A signature received via facsimile or electronically via email shall be as legally binding for all
purposes as an original signature.
25. WARRANTY OF SERVICES.
25.1 Contractor warrants that his services will be of a professional quality and conform to
Professional Services Agreement between City of Fort Worth and Hefestus Fine Arts UX
generally prevailing industry standards. City must give written notice of any breach of this warranty section
within thirty(30)days from the date that the breach was actually known to City. Upon notice to Contractor,
at Contractor's option, Contractor shall either(a)use commercially reasonable efforts to re-perform the
services in a manner that conforms with this warranty,or(b)refund all fees paid by the City to Contractor
under this Agreement. This warranty section shall survive any expiration or termination of this Agreement.
25.2 If, within one year after completion of repairs, City observes any breach
of warranty described in this Article 25 that is not curable by Contractor, Contractor is rasponsible for
reimbursing City for damages,expenses,and losses incurred by City as a result of the breach.However,if
Contrracw disclosed the risk of this breach in the proposal and City accepted that it may occur,it shall not
be deemed a breach for purposes of this Article 25.
25.3 If, after one year from completion of repairs, City observes any breach
of warranty described in this Article 25 that is curable by Contractor, City shall give written notice to
Contractor to make or supervise repairs or restorations at a reasonable fee during Contractor's
lifetime. Contractor shall notify City,in writing, within thirty (30)days after receipt of the notice as to
whether Contractor will make or supervise the repairs or restorations. Should Contractor 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.
26. IMMIGRATION NATIONALITY ACT.
Contractor shall verify the identity and employment eligibility of its employees who perform work
under this Agreement. including completing the Employment Eligibility Verification Form (1-9). Upon
request by City, Contractor shall provide City with copies of all 1-9 forms and supporting eligibility
documentation for each employee who performs work under this Agreement. Contractor shall adhere to
all Federal and State laws as well as establish appropriate procedures and controls so that no services will
be performed by any Contractor employee who is not legally eligible to perform such services.
CONTRACTOR SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY
PENALTIES,LIABILITIES,OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY
CONTRACTOR, CONTRACTOR'S EMPLOYERS, SUBCONTRACTORS, AGENTS, OR
LICENSEES.City, upon written notice to Contractor,shall have the right to immediately terminate this
Agreement for violations of this provision by Contractor.
27. IM$M;4 DISPUTE RESOLUTION.
Except in the event of termination pursuant to Section 4.2,if either City or Contractor has a claim,
dispute,or odwr matter in quetion for breach of duty,obligations,services rendered or any warranty that arises
under this AgractneK the parties shall fast aft to resolve the matte through this dispute resoluton process.
The disputing party shall notify the other parry 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 ton(10)bushum days of receipt of the notice,both parties shall commence the resolution
process and malm a good faith effort,either thr+mo email,mail,phone conference,m 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)days of the date of
receipt of the notice of the dispute,then the parties may subunit the matter to no 4 nding mediation in Tarrant
County,Texas, upon written consent of authorized representatives of both parties in accordance with the
Industry Arbitration Rules of the American Arbitration Association or other applicable rules governing
mediation then in efl=L The mediator shall be agreed to by the parries.Each party shall be liable for its own
expenses,including attorney's fees;however,the parties shall share equally in the costs of the mediation.
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. Notwithstgndmg the Bart dud the parties may be
Professional Services Agteenmt between City of Fort Worth and Hefestas Fine Arts LLC
attempting to resolve a dispute in accordance with this informal dispute resolution process,the parties agree
to continue without delay all of their respective duties and obligations under this Agreement not affected
by the dispute.Either party may,before or during the exercise of the informal dispute resolution process
set forth herein, apply to a court having jurisdiction for a temporary restraining order or preliminary
injunction when such relief is necessary to protect its interests.
If Contractor has fewer than 10 employees or the Agreement is for less than$100,000,this section
does not apply.Contractor acknowledges that in accordance with Chapter 2270 of the Texas Government
Code, City is prohibited from entering into a contract with a company for goods or services unless the
contract contains a written verification from the company that it:(1)does not boycott Israel;and(2)will
not boycott Israel during the term of the contract. The terms"boycott lsmr and"company"shall have
the meanings ascribed to those terms in Section 808.001 of the Texas Government Code.By signing this
Addendum, Contractor certfies that Contractor s signature provides written vienfrcation to City that
Contractor:(1)does not boyrvtt Israel,and(2)will not baycott Israel during the tern:of the Agreement.
29. ENERGY COMPANIES.
Contractor acknowledges that,in accordance with Chapter 2274 of the Texas Government Code,
as added by Acts 2021,87th Leg.,R.S.,S.B. 13,§2,the City is pnctbiLad from entering into a contract for
goods or services that has a value of S 100,000 or more that is to be paid wholly or partly firnm public fiords
of the City with a company with 10 or more Hill-time employees unless the contract contains a written
verification from the company that it (1) does not boycott energy companies; and(2) will not boycott
energy companies during the term of the contract.The terms"boycott energy company"and"company"
have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code,as added by
Acts 2021, 87th Leg., R.S., S.B. 13, § 2. To the extent that Chapter 2274 of the Government Code is
applicable to this Agreement,by signing this Agreement,Vendor certifies that Vendor's signature provides
written verification to the City that Vendor:(1)does not boycott energy companies;and(2)will not boycott
energy companies during the term of this Agreement.
30. FIREARM AND AMMUNITION INDUSTRIES.
Contractor acknowledges that except as otherwise provided by Chapter 2274 of the Texas
Government Code,as added by Acts 2021,87th Leg.,R.S.,S.B. 19,§1,the City is prohibited firm entering
into a contract for goods or services that has a value of$100,000 or more that is to be paid wholly or partly
from public funds of the City with a company with 10 or more full-time employees unless the contract
contains a written verification from the company that it:(1)does not have a practice,policy,guidance,or
directive that discriminates against a firearm entity or firearm trade association;and(2)will not discriminate
during the term of the contract against a firearm entity or firearm trade association. The terms
"discriminate,""firearm entity"and"firearm trade association"have the meaning ascribed to those terms
by Chapter 2274 of the Texas Government Code,as added by Acts 2021,87th Leg.,R.S.,S.B. 19,§ 1.To
the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this
Agreement Contractor certifies that Contractor's signature provides written verification to the City that
Contractor:(1)does not have a practice,policy,guidance,or directive that discriminates against a firearm
entity or firearm trade association;and(2)will not discriminate against a firearm entity or firearm trade
association during the term of this Agreement.
31. TIME EXTENSIONS.
The Parties may agree, in writing,to extend or modify any of the time deadlines set forth in this
Agreement-
Profeasioeal Services Agreement between City of Fort Worth and Hefestus Fine Arts LLC
IN WHEREOF,the parties hereto have executed this Agreement in multiples this ]_day
of��202SL
ACCEPTED AND AGREED:
CITY OF FORT WORTH: HEFESTUS FINE ART,LLC
By:_ /� �— By:
Feman o Costa Krysuu LAUICrgu
Assistant Ciyy tanager Operations
Date:
CONTRACT AUTHORIZATION:
M&C:N/A
APPROVED AS TO FORM AND LEGALITY:
By:
.i
essiks Williams
Assistant City Attorney
Form 1295:NA
CONTRACT COMPLIANCE MANAGER:
By signing,I acknowledge that I am the person responsible for the
monitoring and administration of this contract,including ensuring
all performance and reporting requirements.
See addifiewto-A �a�rc.
Jennifer Conn,Public Art Collection Manager
Arts Coun ' Fort Worth
w F0
J 7cC loll,CitySecretary
Poofcssionsl Services Apeement between City of Fat Worth and Hefestus Fine Arts LLC
Contract Compliance Manager:
By signing I acknowledge that I am the person responsible
for the monitoring and administration of this contract, including
ensuring all A�ancend reporting requirements.
Jennifer Con
Public Art C lle ion Manager, Arts Fort Worth
❑ This form is N/A as No City Funds are associated with this Contract
Printed Name Signature
OFFICIA EC®R®
CITY SECF ETARY
FT WO H,TX
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EXHIBIT"A"
THE ARTWORK
�.t
a
Buner Welch and KingAff"'s Dole Pq p4.2020
Kluny Graham
Gate 42,Will Rogere Mernvrial Centa
3401 West Lancaster Avemue,Fort Worth,Texas.76104
Profe Wonal Seavices Agreement between City of Fort Worth and Ncfeatus Fine Arts LLC
EXHIBIT"B"
ESTIMATE
Hatestua Fl1e Aits Estimate
PO Box 2176
Azle,Texas 76098 Estimate No.
682-229-8234 367
created®htabronzs.com
Nerna/AddFM
FWPA
Jenny Conn
817-21W3023
loonnOwhcouneft.org
Dubs
100/27/21
kern Descriptlon threMky Cost Total
Maintenance Onalte ciauninp.wax ft and touch up of Buster Welch patina 1 900.00 900.0D
at Caste 42
The above coat is per eke vlek.Each n dnterranoe scheduled
is 5900 and is soky for the patina.Additional work will require
an addltlond estimate.
Sales Tax 0.00% 0.00
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Cost k1cluda d0midwt biow. psWak o0w pedrm may to W—,r Uma.
vYoodbaw and name prose sro ePINK,rd.Daevwy a hsWAsdw rot inckxled. Total �00.00
Any deh"A NrI pdos provided does not include orrsae squipmerx required
'This is an estimate only,not a contract estimate is for
completing the job described above,based on our evaluation. -t
'This estimate is good for 30 days.
`Casting cost will be more N an outside vendor is used for the mold.
'If mold is not made in house,cost will be reevaluated and adjusted. 0
'Any changes made once the piece is cast in bronze wig be subject
to an hourly shop rate. . t�Ear 06
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'We do not accept credit cards at this time. �� ,}.u t ��
EXHIBIT"C"
TEXAS SALES AND USE TAX EXEMPTION CERTIFICATE
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