HomeMy WebLinkAboutContract 44597CITY SECRET� � � � �
CONTRA►�T �C�. � � _..
AGREEMENT BETWEEN THE CITY OF FORT WORTH
AND SEDRICK HUCKABY FOR PRELIMINARY DESIGN OF
PUBLIC ART FOR STOP SIX TRIANGLE
This Agreement is entered into this ���� day of �,� �,t ��� 1+�- , 2013, 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 autho�•ized Assistant City Manager, and Sedrick Huckaby, an individual, residing at 1552 Roma
Lane, Fort Worth, Texas 76134. 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 envit�onment for Fort
Wot•th residents, to commemorate the City's rich cultural and ethnic divet•sity, to integrate the design work of
ai�tists 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, public art funding for the traffic triangle at the intersection of Ramey and Stalcup was
included in the Public Art Plan for the 2007 Critical Capital Needs Program, adopted by the Fort Worth
City Council on October 26, 2010 (M&C G-17095);
WHEREAS, Fort Worth Public Art held a Stop Six Community Public Art Workshop ("Workshop")
from September 30 — October 1, 2011, in order to develop public art concepts that would reveal the rich
histo�y of the Stop Six Community and create a public gathering space for the Site;
WHEREAS, Artist, along with other artists and art teachers from Dunbar 6`�' Grade Middle School,
Dunbar Middle School and Dunbar High School participated in the Workshop and developed rough concepts
for the Site;
WHEREAS, through a series of subsequent community input meetings, Artist's concept for the Site
was preferred;
Agreement Between the City of Fort Worth and Sedrick Huckaby
for Preliminary Design of Public A►�t for the Stop Six T�•iangle
RECEIVED ��►� 2� ����
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WHEREAS, on November 12, 2012, the Fort Worth At•t Commission ("FWAC") recommended that
Artist's concept for the Site be further developed and, that another Workshop actist John Yancey develop a
Mural Plan for the exterior walls of adjacent comtnercial buildings and the Dunbar Middle Schooi that would
complement Al�tist's concept for the Site;
WHEREAS, this Project was included in the Foi•t Worth Public Art Fiscal Year 2013 Annual Work
Plan and Budget, adopted by the Foi�t Worth City Council on October 16, 2012 (M&C C-25920) as part of
the City's agreement with the Contract Manager for administration of the public art program;
WHEREAS, City and Artist wish to set out the terms and conditions undei� which said Work shall be
designed to promote the integrity of Actist's ideas and stateme�rts as represeuted by the Work.
NOW, THEREFORE, City and Artist for and in consideration of the covenants and agreements
hereinaftej• set foi•th, the sufficiency of which is hei•eby acknowledged, agree as follows:
ARTICLE 1
DEFINITIONS
As used iri this Agreement, the following terms shall have the meanings as set forth below:
1.1. Agreement — Means and includes this Agreement between the City of Fort Wor•th and
Sedrick Huckaby foi• Preliminary Design of public art for the Site.
1.2. Artist — Means and includes Sedrick Huckaby and/or his heirs, executot•s, administrators,
legal representatives, successors, agents, subartists, contractors and assigns.
1.3 Artworic Design — Means and includes both the Conceptual Design and Preliminaly Design
of the Work, which are defined in 1.3.a. and 13.b. below.
1.3.a. Conceptual Design — Means all conceptual drawings, sketches, prototypes,
tnaquettes, models, narrative descriptions, budget estimates, and the like cj•eated by Ai•tist in
connection with this Agreement, the Workshop, and/or any prior agceement for the Work
between the Artist and the City or for which the City was a third-pa1•ty beneficiat•y,
including, but not limited to, the design concepts attached hereto as Exhibit "A," which are
incorporated herein by reference.
Agreement Between tlie City of Fort Worth and Sedj•ick Huckaby Page 2 of 27
for Preliminaiy Design of Public A►t for the Stop Six Triangle
1.3.b. Preliminary Design — Means all preliminary drawings, sketches, prototypes,
maquettes, models, narrative descriptions, budget estimates, and the like that are created by
Artist in connection with this Agreement.
1.4. Contract Manager — Means and includes the Arts Council of Fort Wo��th and Tarrant
County, Inc., and/or its officers, directors, employees, agents, subsidiary organizations, parent organization,
successor corporations, assigns, predecessois, stockholders, administrators, and related companies.
1.5. City — Means and includes the City of Foi�t Woi�th, Texas and its officers, representatives,
agents, servants, and employees.
1.6. Effective Date — Means and includes the date represented in the first paragraph of this
Agreement, which shall be the offcial date of execution of this Agreement.
1.7. Parties — Means and includes City and Artist.
1.8. Preliminary Design Deliverables — Means and includes those items set forth in Article 2.3
of this Agreement that Ai�tist is required to submit to City for its review and approval.
1.9. Project — Means and includes the capital improvement or public art development
undertaking of City for which Artist's services are to be provided pursuant to this Agreement.
1.10. Project Stalceholders — Means and includes the appcopriate City Council Member(s), and
their appointed community representatives and the Fort Wocth Art Commission's appointed representative
and others as may be appropriate.
1.12. Site — Means and includes the traffic triangle located at the corner of Ramey and Stalcup,
which is more pat�ticularly described in Exhibit "B," attached hereto and incorporated herein by reference for
all purposes.
1.13. Worlc — Means and includes the finished object(s) of art and design that are the subject of
this Agreement, or any intermediaty stage of completion of such work.
Agreement Between the City of Fort Worth and Sedrick Huckaby Page 3 of 27
for Preliminary Design of Public Art for the Stop Six Triangle
ARTICLE 2
SCOPE OF SERVICES AND DELIVERABLES
2.1. Scope of Services.
a. Artist shall perform all services and wiil furnish all supplies, materials, and equipment as necessaiy
for developing a Preliminary Design of the Work and for providing the Preliminacy Design
Deliverables. Services shall be perforrned in a professional manner and in strict compliance with all
terms and conditions in this Agreement.
b. Artist shall detef•mine the a��tistic expression, scope, design, color, size, material, and texture of the
Work, subject to review and input from Pi•oject Stakeholders and appf•oval by City as set fot�th in this
Agreement.
a The location at the Siie where the Work shall be installed shall be mutually agreed upon by City aud
Artist.
d. A��tist shall i•eseacch tlie feasibility of incorpoyating an intei•active, electronic component to the
Project and identify an artist or consultant to participate in final design.
e. Artist, upon request of Contract Manager, shall provide inforination and/or attend meetings with
appropriate City staff for purposes of risk assessment, safety 1•eview, sighting of the Work, and
pej�mitting.
f. Artist shall eYplore concepts for the Work, within the p�•eliminary implementation budget set forth in
Ai�ticle 2.3.
g. Artist shall meet and coordillate with City staff and others, as necessary, to explore the feasibility of
integrating the Work into the Site in ierms of structural support, lighting, electricity, or other
infrastructure needs to suppoct the Work and to avoid existing easements.
h. Actist shall present the Preliminaty Design to Project Stakeholders and the appropriate City staff at
dates and times mutually agceed upon and other City boards or commissions, as appropt•iate, for
input and to the FWAC for r•eview and subsequent approval detertnination at regularly scheduled
meetings.
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for Preliminary Design of Public Art for the Stop Six Triangle
i. Artist shall provide input to artist John Yancey on the mural plan being created for walls on adjacent
commercial buildings and the Dunbar Middle School.
2.2. City Assistance.
Upon request by Artist, City shall promptly fucnish all information and matecials required by Artist to the
extent that such materials are available. City, upon request by Artist, shall also provide cot•rect scaled
drawings of the Site, if available.
2.3. Preliminary Desi�n Deliverables
a. Within three (3) months after the Effective Date, Artist shail provide services and all supplies,
materials, and equipment necessaiy to provide certain deliverables, as set forth in this Article 2.3 to City for
approval. Pi•eliminaiy Design Deliverables shall consist of the following:
i. Two preluninary design illustrations showing the proposed Work fi•om two vantage points,
including a plan view, 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.
ii. A narrative description of the Artist's concept, proposed materials, fabrication, and
installation methods, timeline for completion and maintenance, and anticipated annual maintenance
requirements.
iii. Installation diagram, including approximate weight of the Work, proposed base, footing, or
attachment tnethod(s) and, if applicable, location(s) for any electrical outlets and lighting fixtures.
iv. A preliminary budget estimate, on the budget form attached hereto as Exhibit "C," for
impletnentation of a final design of the Work in an amount not exceed $124,281.00, which includes
all costs for materials, labor, fabrication, deliveiy, installation, insurance, tcansportation, remaining
ArtisYs fee, and all other associated costs for the Work, including, but not limited to, lighting.
v. Material or fabrication samples and/or prototype models for the Work that show the size and
placement of the Work in relation to the Site, as appropriate.
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for Preliminary Design of Public Art for the Stop Six Triangle
2.4. Preliminary Desi�n Review.
a. Upon completion of the Preliminacy Design Deliverables, Artist shall present the Prelitninary Design
to the FWAC for t•eview and input at a regulat•ly scheduled FWAC meeting.
b. After presenting to the FWAC for initial input, Artist shall meet with the designated Project
Stakeholdeis, City staff, and other City boards or commissions, as appropriate, to present the
Preliminaiy Design, at a date and time mutually agreed upon, for input.
c. Artist shall then present the Pr•eliminaiy Design to the FWAC for approval at a regularly scheduled
FWAC meeting.
d. City shall notify Ai•tist of its approval, or disapproval, of the Preliminaly Design witllin tllirty (30)
business days of the FWAC's determination.
e. If City disapproves of the Preli�ninaly Design, either in whole or in part, then City shall inform Artist
of each revision to be made to the Preliminaiy Design. City may requice Artist to make such
revisions to the Preliminaiy Design as City deems necessaiy in its sole disct•etion and/oi• for the
Woi•lc to comply with applicable statutes, ordinances, or regulations of any governmental regulatoiy
agency having jurisdiction over the Site for reasons of safety and secw•ity.
£ Ai�tist shall have thirty (30) calendac days fi•om the date City informed Artist of tlie revision(s) to
present the revised Preliminaty Design in conformance with City's requicements.
g. If City disapproves of the resubmitted Preliminary Design, any further Prelimina�y Design
resubmissions will be by mutual agt•ee�neut of the Parties and subject to tlle proceduces and terms in
this A�•ticle. If the Pai•ties desit�e not to continue with the resubmission process, then this Agi•eement
will automatically tecminate, with payment for work performed per the payment schedule in Article
3 up through the date of termination. (See Article 4.4.d)
h. Upon City approval of the Preliminary Design, any revisions made to a City-approved Preliminaiy
Design shall become part of the Prelimina�•y Design. Artist shall incorporate auy City-appcoved
revisions into the final design in conformance with City's requirements. Any revisions shall become
pat•t of any final design deliverables if the Artist proceeds to the final design phase. Aj•tist shall
Agreement Between the City of Fort Worth and Sedrick Huckaby Page 6 of 27
for Prelimina�y Design of Public At�t for the Stop Six Triangle
provide the Preliminary Design presentation materials to the Contract Manager to become pact of the
City of Fort Wo��th Public Ai�t archive owned by City. These documents, models, and/or drawings
wili be retained fol• archival and exhibition purposes.
i. Upon the expiration of the Term (hereinafter defined) of this Agreement, if the Preliminaiy Design is
accepted by City and funding is appropriated by the Fort Worth City Council, negotiations for final
design or final design and commission for fabrication, delivery, and installation of the Work shall
commence, which shall become part of the deliverable under any anticipated final design or final
design/artwork commission contract.
ARTICLE 3
COMPENSATION AND PAYMENT SCHEDULE
3.1. Compensation.
Total compensation to Artist under the Agreement shall be EIGHT THOUSAND DOLLARS AND NO
CENTS ($8,000.00), which shall constitute full compensation for any and all costs associated with the
Agreement, including services performed and materials fucnished by Artist under this Agreement. Aj•tist and
City may amend this Agreement to allow for additional payment if additional seivices are required.
3.2. Pavment Schedule
a. City agrees to pay Ai�tist in the following installments set forth below, each installment to �•epresent
full and final, non-refundable payment for all services and materials provided prioc to the due date thereof:
i. Two Thousand Dollars and No Cents ($2,000.00� upon execution of this Agreement.
ii. Four Thousand Dollars and No Cents ($4,000.00) within thi►•ty (30) calendar days after
At�tist submits all of the Preliminary Design Deliverables required undej• Ai•ticle 2.3 of this
Agreement and makes a presentation(s) of the Preliminary Design to the FWAC for
approval.
iii. Two Thousand Dollar and No Cents ($2,000.00� within thirty (30) calendar days after City's
approval of the Pj•eliminaly Design.
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for Preliminary Design of Public Art for the Stop Six Triangle
3.3. Sales Taxes.
City is a tax-exempt organization and no state or local sales taxes or federal excise taxes shall be due upon
the P1•oject. City shall supply Artist with the "Texas Certificate of Exemption," in substantially the same
fot•m as that attached hereto as Exhibit "D" for use by Artist in the fulfillment of this Agreement.
3.4. Artist's Ex ep nses•
Artist shall be responsible for the payments of all expenses incut•red during the performance of this
Agreement, including, but not limited to, services, mater•ials, mailing/shipping chai•ges and insurance on
submissions to City and/or Contract Managet•, cost of all travel, and costs for Artist's agents, consultants,
and/or employees necessaiy for the proper performance of the services required under this Agreement.
ARTICLE 4
TERM AND TERMINATION
4.1. Tei•m
This Agreement shall be in effect fi�om the Effective Date and, unless terminated earlier pursuant to such
p1•ovisions in this Agreement, shall extend until final payment to AI•tist by City.
4.2. Gratuities
City may cancel this Agt•eement if it is found that gratuities in the form of entei•tainment, gifts, or otherwise
were offered or given by A�•tist ol• any agent oi• i•epresentative to any City or Conti•act Manager official oc
employee with a view toward securing favorable treatment with respect to the awacding, atnending, or
making of any detei•minations with i•espect to this perfo►•mance of this Agceement.
4.3. Termination for Cause
If either party to this Agreeme�lt 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 Agreement,
then the Pai•ties shall first attempt to resolve any disputes arising from this Ai•ticle 43 i�1 accordance with the
dispute resolution process set forth in Ai�ticle 5. If the Parties cannot r•esolve the dispute(s), then the
disputing pa�-ty shall thet•eupon have the right to terminate this Agreement upon the deliveiy of a written
"Notice of Termination" specifying the grounds for termination. Termination of this Agt•eement under this
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for Prelimina�•y Design of Public Art for the Stop Six Triangle
provision shall not relieve the pacty in default of any liability fo�• damages resulting from a breach or a
violation of the terms of this Agreement.
4.4. Termination for Convenience
a. The services to be performed under this Agreement may be terminated by either party, subject to
written notice submitted thirty (30) calendar days before termination.
b. If the termination is for the convenience of City, City sl�all pay Artist for services actually j•endered
up to the effective date of termination, and Artist shall continue to provide the City with services
requested by City and in accordance with this Agreement up to the effective date of termination.
Upon payment in full of all monies due for services provided up to the effective date of termination,
City shall have the right, in its sole discretion, to possession and transfer of all work product
produced by Artist under this Agreement, including, but not limited to, finished and unfinished
df•awings, sketches, photog►•aphs, models, and designs, up to the effective date of termination,
provided that no right to fabricate or execute the Work shall pass to City.
c. If termination is for the convenience of Artist, City shall have the j•ight, in its sole discretion, to pay
Artist for services actually rendered up to the effective date of termination or require the Artist to
remit to City a sum equal to all payments (if any) made to the Artist pursuant to this Agreement prior
to the effective date of te►•mination. If City chooses to pay Artist for services actually rendered, then
all work product produced by Artist under this Agreement, including, but not limited to, finished and
unfinished drawings, sketches, photog�•aphs, models, and designs, up to the effective date of
tej•mination shall become property of City.
d. If termination is by mutual agreement of the Pat•ties as set forth in Article 2.4, then City shall pay
Actist for work pecformed per the payment schedule in Article 3 up through the date of termination.
City shall have the right to possession and transfer of all work product produced by Artist under this
Agreement, includitlg, but not limited to, finished and unfinished drawings, sketches, photographs,
models, and designs, up to the effective date of termination
Agreement Between the City of Fort Wocth and Sedrick Huckaby Page 9 of 27
for Prelimina�y Design of Public A�t for the Stop Six Triangle
4.5. Incapacity of Artist
a. In the event of Ai�tist's death or At�tist becoming physically oi• legally incapacitated during the term
of this Agceement, City shall have the right to tei•minate this Agreement on payme►Zt to Artist or
Actist's successocs for all work and seivices performed prior to deatl� or incapacity. All wo�•k
product produced by Artist, including, but not lilnited to, finished and �ulfinished drawings, sketches,
photographs, models, and designs, up to the effective date of termination shall become property of
City.
b. Should Artist's Pi•eliminaly Design have been approved, Ill the event of tej•mi�lation under tllis
Article 4.5, City sl�all have the right to complete the Work, if feasible. Due regard shall be made for
Artist's intended cesults and proper credit and acknowledge�nent shall be given to Artist. Tl�is
pi•ovision shall sw•vive tl�e tei•inination oi• expication of tllis Agceement.
ARTICLE 5
DISPUTE RESOLUTION
If either Ai•tist or City has a claim, dispute, or other mattec in question for bi•each of duty, obligations,
sei•vices rendered or any warranty tl�at arises under this Agi•eelnent, the Pai�ties shall fi�st attempt to resolve these
issues thcough this dispute resolution process. The disputing pacty shall I�otify the other party in writing as soon
as practicable after discovering the claim, dispute, or breach. The ��otice shall state the nature of the dispute and
list the party's specific reasons for such dispute. Within ten (10) business days of �•eceipt of tl�e notice, both
parties sl�all �nalce a good faith effort, either througl� 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
comlection witl� this Agreement.
If the Parties fail to resolve flie dispute within sixty (60) calendar days of the date of receipt of the notice
of the dispute, then the Parties may subinit the matter to non-binding mediation upon written consent of the
authorized representatives of both pai�ties in accordance with Chapter 154 of the Texas Civil Practice and
Remedies Code and Chaptet• 2009 of the Texas Government Code, then in effect. Request for mediation shall be
in writing, and shall request that the inediation commence not less than fifteen (15) or more than forty-five (45)
Agreetnent Between the City of Fort Worth and Sedrick Huckaby Page 10 of 27
for Preliminaiy Design of Public Art for tl�e Stop Six Triangle
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 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 Tai•j•ant County, Texas. Any agreement
reached in mediation shall be enforceable as a settlement agceement in any court having jurisdiction. No
provision of this agreement shall waive any immunity or defense. No provision of this Ag►•eement cotlstitutes
consent to sue. If the Pat�ties cannot resolve the dispute through mediation, then either party shall have the right
to exercise any and all remedies available under law i•egarding the dispute. (See Article 43)
ARTICLE 6
OWNERSHIP AND INTELLECTUAL PROPERTY RIGHTS
6.1 General
a. Upon payment in full to Artist or pursuant to the applicable termination provision of this Agreement,
the Artwork Design, Work, and all other work product under this Agreement shall become the
property of City, without restriction on future use, except as provided below. Artist shall retain
copyright and other intellectual property rights in and to the Artwork Design and Work. By
execution of this Agreement, Actist grants to the City an exclusive, perpetual, royalty fi•ee, and
i►•j•evocable license to gcaphically depict or display the Artwork Design and Work for any non-
commercial purpose whatsoever. Foc purposes of this limitation, any graphic depiction or display of
the Artwork Design and Work 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.
b. In view of the intention that the Artwork Design and the Work be unique, Artist shall not make any
additional exact duplicate reproductions of the Artwork Design or the Work, nor shall Artist grant
permission to otheis to do so except with the express written pej•mission of City. However, nothing
Agreement Between the City of Fort Worth and Sed�•icic Hucicaby Page 11 of 27
for Pi•eliminary Design of Public A►�t for the Stop Six Triangle
herein shall prevent Artist from creating future artworks in Artist's manner and style of actistic
expj•ession.
c. Artist reserves every right available under the Federal Copyright Act to control the making and
dissemination of copies or reproductions of the Artwot•k Design and Work, except as those ►•ights are
limited by this Agreement. City may make and disseminate photographs, drawings, and other two-
dimensional t�epr•oductions of the Ai•twork Design and Woi•k and accompanying materials for any
municipal purpose. All rept�oductions by the City shall contain a credit to the Af•tist and a copycight
notice substantially in the following form: "�O date, ArtisYs name."
d. Nothing in tl�is Agreement shall prevent the Artist from using images of the Actwork Design and
Work for marketing and promotional pucposes ii1 connection with the Artist's business.
e. City is not responsible for any third-party infringement of Artist's copyright and not responsible for
protecting the intellectual property rights of Artist
6.2 Artist's Address.
Ai•tist shall notify City of changes in Artist's address as set foi•th in Acticle 12. The failure to do so, if such
failure prevenYs City fi•om locating Artist, shall be deemed a waiver by Artist of the right subsequently to
enforce these provisions that require the express approval of Artist. Notwithstanding this provision, City
shall make every reasonable effort to locate Artist when matters acise relating to Artist's rights.
ARTICLE 7
WARRANTIES OF TITLE AND COPYRIGHT
a. Artist represents and warrants that:
i. Artwork Design and Wock shall be the o1•iginal pi•oduct of the AI•tist's sole creative effoi•ts.
ii. Artwork Design and Woj•k is and will be unique and original, and does not infi•inge upon any
copyright or the rights of any person;
iii. Artist has not sold, assigned, transferred, licensed, granted, encumbered, or utilized the
Artwork Design and Wor•k or any copyright related thereto that may affect or impair the rights
granted pursuant to this Agceement;
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iv. Artwork Design and Work (or duplicate thereo� have not been accepted for sale elsewhere;
v. Artist has the full power to enter into and perform this Agreement and to make the grant of
rights contained in this Agreement; and
vi. All secvices performed hereunder shall be perfocmed in accordance with all applicable laws,
regulations, ordinances, etc., and with all necessaiy care, skill and diligence.
ARTICLE 8
ARTIST AS INDEPENDENT CONTRACTOR
Artist shall perform all work and services hereundei• as an independent contractor, and not as an
officer, agent, servant or employee of City. Artist shall have exclusive control of, and the exclusive right to
control the details of the work perfoi•med hereunder, and all persons perfo�•ming 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 pai�tnership or joint venture between City and Artist, his/her officers,
agents, employees and subcontracto�•s, and doctrine of respondent superior has no application as between
City and Artist.
ARTICLE 9
INDEMNIFICATION
9.1. GeneralIndemnitv
a. ARTIST COVENANTS AND AGREES TO AND DOES HEREBY INDEMNIFY, HOLD
HARMLESS, AND DEFEND, AT ITS OWN EXPENSE, CITY FROM AND AGAINST ANY AND
ALL CLAIMS, LAWSUITS, JUDGMENTS, ACTIONS, CAUSES OF ACTION, LIENS, LOSSES,
EXPENSES, COSTS, FEES (INCLUDING, BUT NOT LIMITED TO, ATTORNEY'S FEES AND
COSTS OF DEFENSE), PROCEEDINGS, DEMANDS, DAMAGES, LIABILITIES, AND/OR SUITS
OF ANY KIND OR NATURE, INCLUDING, BUT NOT LIMITED TO, THOSE FOR PROPERTY
LOSS (INCLUDING, BUT NOT LIMITED TO, WORKERS' COMPENSATION ACT 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 ACTS,
ERRORS, OR OMMISSIONS OF ARTIST AND/OR ARTIST'S SUBARTISTS AND CONTRACTORS
AND THEIR RESPECTIVE OFFICERS, AGENTS, EMPLOYEES, DIRECTORS, MEMBERS,
Agreement Between the City of Fort Worth and Sedrick Huckaby Page 13 of 27
for Preli►nina�y Design of Public Ai�t fo►• the Stop Six Triangle
PARTNERS, AND REPRESENTATIVES IN CONNECTION WITH THE EXECUTION,
PERFORMANCE, ATT�MPTED PERFORMANCE, OR NONPERFORMANCE OF THIS
AGREEMENT.
b. Artist agrees to and shall celease City fi•om any and all liability for injucy, death, damage, or loss to
peisons or property sustained or caused by Artist in conuection with oc incidental to performance under this
Agceement.
c. Artist shall require all of its subcontractors to include in their subcontracts a release and indemnity in
favol� of City in substantially the same focm as above.
9.2. Intellectual PropertX
Artist agrees to assume full responsibility for coinplying with all State and Fedecal Copyi•ight Laws and any
other regulations, including, but not limited to, the assumption of any and all responsibilities fo�• paying
royalties that are due for the use of other thif•d pacty copyrighted works by Artist. City e,cpressly assumes no
obligations, implied or otherwise, regai•ding 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
Ai•tist without the appropriate licenses or permission being sec�u�ed 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 WORKS BY REASON OF AN ALLEGED OR ACTUAL COPYRIGIiT
VIOLATION OR OTHER LACK OF OWNERSHIP, AUTHORSHIP, OR ORIGINALITY. City
eYpressly assumes no obligation to j•eview or obtain app►•opj•iate licensing and all such licensing shall be the
exclusive obligation of Artist.
9.3. Survival
All indemnification provisions of this Agreement shall survive the termination or expiration of this
Agreement.
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for Preliminary Design of Public Art for the Stop Six Triangle
ARTICLE 10
EQUAL OPPORTUNITY
a. Artist shall not engage in any uniawful discrimination based on race, creed, color, national origin,
sex, age, reiigion, disability, marital status, citizenship status, sexual orientation or any other
p�•ohibited c►•ite�•ia in any employment decisions relating to this Agreement, and Artist cepresents and
warrants that to the extent required by applicable laws, it is an equal opportunity employer and shall
cotnply with all applicable laws and regulations in any employment decisions.
b. In the event of Artist noncompliance with the nondiscrimination clauses of this Agreement, this
Agceement may be canceled, terminated, or suspended in whole or in part, and Artist may be
debarred from further agreements with City.
ARTICLE 11
MISCELLANEOUS
11.1. Compliance
A�•tist shall comply with all Federal, state, and Iocal statutes, ordinances, and regulations applicable to the
perfot•mance of Artist's services under this Agreement.
11.2. Entire Agreement
This writing embodies the entire agreement and understanding between the Parties hereto, and there are no
othej• agreements and understandings, oral or w►•itten, with refe��ence to the subject matter hereof that are not
merged herein and superseded hereby.
11.3. Amendments
No alteration, change, modification, or amendment of the tecros 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.
11.4. Waiver
No waiver of performance by either party shall be construed as or operate as a waiver of any subsequent
default of any te�•ms, covenants, and conditions of this Agceement. The payment or acceptance of fees for
any period after a default shall not be deemed a waiver of any rigl�t or acceptance of defective pei•formance.
Agceement Between the City of Fort Worth and Sedrick Huckaby Page 15 of 27
fo�• Preliminary Design of Public A►�t for the Stop Six Triangle
11.5. Governin�; Law and Venue
If any action, whethei• real or asserted, at law oj• in equity, arises on the basis of any provision of this
Agceement, venue for such action shall lie in state courts located in Taj•rant County, Texas or the United
States Distcict Coui•t for the Northei•n Disti•ict of Texas — Fort Worth Division. This Agreeinent shall be
construed in accordance with the laws of the State of Texas.
11.6. Successors and Assigns
Neither party hereto shall assign, sublet, or transfer its intef•est herein without prior written consent of the
other party, and any attempted assigmnent, sublease, or transfer of all or any part hereof without sucl� prior
written consent shall be void. This Agreement shall be binding upon and shall inure to the benefit of City
and Artist and their respective successois and permitted assigns.
11.7. No Third-Partv Beneficiacies
The pi•ovisions and conditions of this Agreement a�•e solely fol• tlle benefit of City and Actist, and any lawful
successor or assign, and are not intended to create any rights, contractual, or otherwise, to any other person
o�• entity.
11.8 Seve►•abilitv
If a�ry pi•ovision of this Agreement shall be l�eld to be i��valid, illegal, o�• unenfocceable, the validity, legality,
and enforceability of the remaining provisions shall not in any way be affected or impaired.
1 1.9. Force Majeure
It is expi•essly understood and ag►•eed by the Pai•ties to this Agreement that, if tl�e perfoi•�nance of any
obligations hereunder is delayed by reason of war; civil commotion; acts of God; inclement weather;
governmental restrictions, regulations, o�• interferences; fires; stcikes; lockouts, national disasters; riots;
mater•ial or labor� cest►•ictions; tt•ansportatio�� problems; or any othei• circumstances which ace i•easonably
beyond the control of the party obligated oc permitted under the terms of this Agreement to do or perform the
same, regardless of whether any such circumstance is similar to any of those enumerated or not, the party so
obligated or permitted shall be excused fi•om doing oi• pei•foi•tning tlle same ducing such period of delay, so
Agreement Between tlle City of Foct Worth and Sedcicic Huckaby Page 16 of 27
for Preliminary Design of Public A��t for the Stop Six Triangle
that the time period applicable to such design or construction requirement shall be extended for a period of
time equal to the period such party was delayed.
11.10. Contract Constcuction
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 tlle effect that any ambiguities are to be resolved
against the drafting party must not be employed in the interpretation of this Agreement or ai�y ainendments
or exhibits hereto.
11.11. Fiscal Fundin� Out
If, for any reason, at any time during any term of this Agceement, the Fot•t Worth City Council fails to
appj•opriate funds sufficient for the City to fulfill its obligations undei• this Agreement, the City tnay
terminate this Agreement to be effective on the later of (i) thirty (30) days following delivery by City to
Artist of written notice of City's intention to terminate or (ii) the last daYe for which funding l�as been
app�•opriated by the Fort Worth City Council for the pu►•poses set forth in this Agree►nent.
11.12. Captions
Captions and headings used in this Agreement are for reference purposes only and shall not be deemed a part
of this Agreement.
11.13 Ri�ht to Audit
Artist agrees that City will have the j•ight to audit the fina►lcial and business records of Artist that relate to the
Work (collectively "Records") at any time during the Tecm of this Agreement and for three (3) years
tllereafter in oj•de�� to dete�•mine compliance with this Agree�nent. Thcoughout the Tet•m of this Agreemetlt
and for th►•ee (3) years thereafter, the Artist shall make all Records available to the City at 1000
Throckmoj•ton St�•eet, Foi•t Wortll, Texas or at another location in the City acceptable to botli parties
following reasonable advance notice by the City and shall otl�erwise coopei•ate fully with the City during any
audit. Notwithstanding auything to the contca�y herein, this Article shall sut•vive expiration or earlier
tecmination of this Agreement.
Agreement Between the City of Fort Worth and Sedrick Huckaby Page 17 of 27
for Preliminary Design of Public A��t for the Stop Six Triangle
11.14. CerYified MBE/WBE.
If applicable, Artist is encouraged to make its best effort to become a certified Minority Business Enterprise
(MBE) or Woman Business Enterprise (WBE) firm with a certifying agency whose certification is accepted
by the City under the City's Business Dive1•sity Enterprise Ordinance.
11.15 Survival Provision
The provisions contained in Aj•ticles 6(Ownership and Intellectual Property Rights), 7(War�•anties of Title
and Copyright), 8(Ai•tist as an Independent Contractor), and 9(Indemnification) shall sui•vive the
termination or expiration of this Agreement.
1 1.16 Public Informatiou Act
Artist understands and acicnowledges that City is a public entity under the laws of the State of Texas and, as
such, all documents held by City ai•e subject to disclosuj•e under Chapter 552 of the Texas Govei•nment Code.
A►•tist shall cleacly indicate to City what information it deems proprietaty. If City is f•equired to disclose any
documents that may reveal any of Actist's Proprietary Information to third parties under the Texas
Government Code, or by any other legal process, law, rule, or judicial order by a couct of competent
jui•isdiction, City will notify Artist prior to disclosul•e of such documents, and give At•tist the opportunity to
submit reasons for objections to disclosure. City agrees to restrict access to Artist's iuformation to those
persons within its organization who have a need to know for pucposes of management of this Agceement.
City agrees to inform its employees of the obligations under this paragraph and to enforce rules and
p►•ocedures that will prevent atly unauthol•ized disclosut•e or ti•ansfer of information. City will use its best
efforts to secure and proteci Artist's information in the same �nanner and to the same degcee it p�•otects its
own proprietary information; however, City does not gttarantee that any information deemed proprieta�y by
Artist will be protected fi�om public disclosure if release is �•equired by law. The foregoing obligation
cegarding confidentiality shall remain in effect for a period of tl�ree (3) years after the eXpiration of this
Agreement.
1 1.17 Counterparts atid Elech�onic Si nag tures
Agreement Between the City of Fort Woi•th and Sedrick Huckaby Page 18 of 27
for Preliminaiy Design of Public A►�t for the Stop Six Triangle
This Agreement may be executed in several counterparts, each of wluch will be deemed an original, but aII
of which together will consdtute one and the same instrument. A signature received via facsimile or
electronically via email shatI be as Iegally binding for all purposes as an original signature.
11.18. Time Eactensions
The Parties may agree, in writing, to e�ctend or maiify any of the time deadlines set forth in this Ageement.
ARTICLB 12
I�O`�TCES
All notices, requests, demands, and other communicarions 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
thereo� as the case may be, if delivered personally or sent by registereti or certified mail, return receipt
reciuested, postage prepaid, as follows:
1. CITY OF FORT WORTH: Fernando Costa, Assistant City Manager
City Manager's (3t�ice
�ity of Fort Worth
1000 Throckmorto� Street, Third Floor
Fort �orth, Texas 761�2
Copies to: Sarah Futtenwider, City Attorney
�ffice of the City Attonney
City of Fort Worth
1000 Throckmorton Street, Third Floor
Fort Worth, Texas 76102
Marti�a Peters, Vice President - Public Art
Arts Council of Fort Worth & Tarrant County
1300 �iendy Street
Fort Worth, Teac�s ?610'I
ARTIST Sedrick Huckaby
1552 Roma Lane
Fort Worth, TX 76134
IN WITNESS HEREOF, the Parties hereto have executed this Agreement as of the Effective Date.
CITY UF F(1RT WORTH ARTIST �
, �% .�'`
by:
Fernando Costa 'ck Hucka�
Assistant City Manager `
Agreement �etween the City of �ort Worth and Sedrick Huckaby Page 19 of 27
for Preliminaty Design of Public Art fot the Stop Six Tri�ngle
This Agt•eement 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.
11.18. Time Extensions
The Parties inay agree, in writing, to extend or modify any of the time deadlines set forth in this Agreement.
ARTICLE 12
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 deliveiy 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
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 Attoiney
City of Fort Worth
1000 Throckmorton Street, Third Flooi•
Fort Worth, Texas 76102
Martha Peters, Vice President - Public Art
Arts Council of Fort Worth & Tarrant County
1300 Gendy Street
Fort Worth, Texas 76107
2. ARTIST Sedrick Huckaby
1552 Roma Lane
Fort Woi�th, TX 76134
IN WITNESS HEREOF, the Parties hereto have executed this Agi•eement as of the Effective Date.
CITY OF FORT WORTH ARTIST
by: �rt.---.
Fernando Costa Sedricl< Huckaby
Assistant City Manager
Agreement Between the City of Fort Worth and Sedrick Huckaby Page 19 of 27
for Preliminaiy Design of Public Art for the Stop Six Triangle
APPROVED AS TO FORM
AND LEGALITY:
i '
� �,,�
Tyie� F W �
Assistant City Attorney
ATTESTED BY:
Mary J. Kaj�e
City Secretary
Contract Authorization:
M&C — No M&C Required
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O�FICIAL RE�O��
cr� ������°��x
�n �� ��k���� ���
Agreement Between the City of Fo�rt Worth and Sedrick Huckaby Page 20 0�__
for Preliminary Design of Public Art for the Stop Six Triangle �
Exhibit A: Conceptual Design
Agreement Between the City of Fort Worth and Sedrick Huckaby Page 21 of 27
for Preliminaiy Design of Public Act for the Stop Six Triangle
Agreement Between the City of Fort Worth aud Sedrick Hucl<aby Page 22 of 27
for Preliminary Design of Public Art for the Stop Six Triangle
Exhibit B: Site
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Agreement Between the City of Fort Worth and Sedrick Huckaby Page 23 of 27
foc Preliminary Design of Public Act for the Stop Six Triangle
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Agreement Between the City of Fort Worth and Sedrick Hucicaby Page 24 of 27
for Preliminary Design of Public Art for the Stop Six Triangle
FORT IMORTH PUBLIC ART PROJECT BUDGE7
Piease complete fhis torm and attach a signed ireceipt or estimate complete with per unii
costs {no lump sums) for all items desig�ated wiih an asterisk('). Cost increases must
also have a writte� estimate attached.
ARTIST'S FEE
TRAVEL
(For ariists who live more than 5p miles trom Fort Worth)
INSURANCE
ADMINISTRATIVE EXPENSES
Airfare
Car Rental
Per Diem Expenses at 5_ per day
Mileage at $___ per mile
AutolHired Vehicle Liability
Generai Liability tor Artist ! Subconiraciors
Worker's Comp. I Empioyer's Liabiliiy
Oiher, as appiicable
PhonelFax
DeliverylShipping (for correspondence, samples, models, drawings etc)
Reprographic Service
Supplies
PROFESSIONAL CONSULTANT FEES
(If applicable, drawing must be signed and sealed by a professional registered to practice
in The State of Texas)
Architect"
Struct�ral Engineer'
Electrical Engineer'
Conservator"
Photographer {for documentation ot completed work)`
Other'
MATERIALS
(Piease attach a compiete Iisl of materiais. itemize all anticipated aspects and
components with per unit cost esiimates)
Materiais' Totai
FABRICATION COSTS
{Include and itemize ali poriions of subcontracted work and work to be completed by
artisi. )
ArtisCs Labor (_ hours at $_ per hour) Totai
SubcoNracted Labor' (Total)
Facility/Equipment Rental (used exclusively (or this projecQ related to fabrication
SITE PREPARATION
(Do not inciude costs covered by FWPA, City of Fort Worlh or others)
Test Drilling'
Removal'
La�dscapinglirrigation`
Electrical ModificaGons"
Water WorklMechanical Devices
Other•
(Revised May 2019)
Agreement Between the City of Fort Worth and Sedrick Hucl<aby Page 25 of 27
for Pceliminary Design of Public Art for the Stop Six Triangle
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�iite;
Agreement Between the City of Fort Woi•th and Sedricl< Huckaby Page 26 of 27
for Preliminary Design of Public Art for the Stop Six Triangle
�xhibit D: Sales Tax Exemption
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Agreement Between the City of Fort Worth and Sedrick Hucl<aby Page 27 of 27
for Preliminary Design of Public A��t for the Stop Six Triangle