HomeMy WebLinkAboutContract 42449 CITY SECRETARY Ll'4 iq
CONTRACT NO,14 c;t
AGREEMENT FOR FINAL DESIGN OF PUBLIC ART WORK FOR
THE FORT WORTH CRIME LAB BETWEEN
THE CITY OF FORT NORTH AND TOMMY FITZPATRICK
This Agreement i s entered into this l q`4^da of 2 0 11 b and
� y ._ s s y
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 Tommy Fitzpatrick,
an individual, of 7300 Cooper Lane, Austin, Texas 78745. 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, the Fort Worth Public Art Program is implementing a community-nominated
public art initiative known as "Community ID: Public Art in Neighborhoods" ("CID") per the
recommendations and guidelines in the Long-Range Public Art Plan for the Water Fund (adopted
by City Council on May 9, 2006), set forth in the Fort Worth Public Art Master Plan (adopted by
City Council in 2003);
WHEREAS, public art funds for the project have been allocated from the Public Art Fund,
and the project was included in the FY2011 Annual Work Plan and Budget (approved by City
Council on October 19, 2010 as M&C C-24554)7
FO!FFICIAL RECORD SECRETARY
VT, WORTH,TX
f S
Agreement for Final Design of Public Art Work for the Fort Worth Page I of 29
Crime Lab Between the City of Fort Worth and Tommy Fitzpatrick
s
WHEREAS, on June 8, 2009, the Fort Worth Art Commission (the "FWAC") approved a
review panel's recommendation to award a CID project to the West Meadowbrook Neighborhood
Association;
WHEREAS, the Community Group proposed to site the CID project at the Fort Worth
Crime Lab on 3 616 East Lancaster Avenue in Fort Worth, Texas;
WHEREAS, Contract Manager conducted a competitive process for artist selection, which
was overseen by the FWAC, for design of an artwork for the Site;
WHEREAS, the FWAC has recommended that Artist be retained to develop a final design
based on Artist's Preliminary Design to be incorporated into the Site; and
WHEREAS, City and Artist wish to set out the terms and conditions under which said Work
shall be designed.
NOW, THEREFORE, City and Artist for and in consideration of the covenants and
agreements hereinafter set forth, the sufficiency of which is hereby acknowledged, agree as follows:
ARTICLE 1
DEFINITIONS
As used in this Agreement, the following terms shall have the meanings as set forth below:
1.1. Agreement—Means and includes this agreement between City and Artist for Final
Design of Public Art for the Site.
1.2. Artist — Means and includes Tommy Fitzpatrick and all other persons or entities for
which he is legally responsible, including, but not limited to, his heirs, executors, administrators,
legal representatives, successors, agents, contractors, subcontractors, subartists, and assigns.
1.3. Artwork Design — Means and includes both the Preliminary Design and Final Design of
the Work, which are defined in 1.3.a. and 1.3.b. below.
Agreement for Final Design of Public Art Work for the Fort Worth Page Z of 29
Crime Lab Between the City of Fort Worth and Tommy Fitzpatrick
r
1.3.a. 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 and/or any prior agreement
between Artist and City for the Work, including, but not limited to, the design
concepts attached hereto as Exhibit "A" which shall be incorporated herein for all
purposes.
1.3.b. Final Design — Means the Artist's final, proposed design of the Work for the
Site, which is based upon the City-approved Preliminary Design and includes, but is
not limited to, all final drawings, sketches, prototypes, maquettes, models, and the
like that may be created by Artist in connection with this Agreement, or the like that
are related, directly or indirectly, to the Work and shall include Artist's
specifications for fabrication and installation of the Work.
1.4. Contract Manager ---- Means and includes the Arts Council of Fort Worth and Tarrant
County, Inc., and all other persons or entities for which Contract Manager is legally responsible,
including, but not limited to, 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 and its officers, representatives,
agents, servants, and employees.
1.6 Community Croup - Means and includes representatives of the West Meadowbrook
Neighborhood Association.
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.
Agreement for Final Design of Public Art Work for the Fort Worth Page 3 of 29
Crime Lab Between the City of Fort Worth and Tommy Fitzpatrick
1.8. Final Design Deliverables — Means and includes those items set forth in Article 2.5 of
this Agreement that are required for City's review and approval.
1.9. Parties—Means and includes City and Artist.
1.10. Site — Means and includes the Fort Worth Crime Lab located at 3515 East Lancaster
Avenue in Fort Worth, Texas, more particularly described on Exhibit "B," attached hereto and
incorporated herein by reference for all purposes.
1.11. Work—Means and includes the finished obj ect(s) of art and design that are the subject
of this Agreement, or any intermediary stage of completion of such work.
ARTICLE 2
SCOPE OF SERVICES AND DELIVERABLES
2.1. Artist Selection.
City and Artist acknowledge that Artist's Preliminary Design was reviewed and approved by the
FWAC on December 13, 2010, and is the basis for executing this Agreement with Artist.
2.2. Scope of Services.
a. Artist shall perform all services and will furnish all supplies and materials as necessary for
developing the Final Design of the Work. 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 artistic expression, scope, design, color, size, material, and texture
of the Work subject to review and input from the Community Group and approval by City as
set forth in this Agreement.
C. The specific location at the Site where the Work shall be installed shall be mutually agreed
upon by the City, Community Group, and Artist.
Agreement for Final Design of Public Art Work for the Fort Worth Page 4 of Z9
Crime Lab Between the City of Fort Worth and Tommy Fitzpatrick
d. Upon request of City, Artist shall consult with a qualified art conservator and shall provide
written maintenance recommendations for the Work from said conservator to the Contract
Manager.
e. Artist shall present the Final Design to the appropriate City committee, City staff, Project
Consultant, Community Group, and other City boards or commissions, as appropriate, for
input and to the FWAC for review and approval at dates and times mutually agreed upon.
2.3. Implementation Budget Total.
Artist shall develop a Final Design that is financially feasible relative to the budget for
implementation. It is understood that the total budget for implementation of the Final Design is
FORTY-FIVE THOUSAND DOLLARS AND NO CENTS ($45,-000. , which includes all
Costs for materials, labor, fabrication, delivery, installation, insurance, transportation, travel,
remaining Artist's fee, and all other associated costs for the Work. Artist shall provide a detailed
budget, on the budget form attached hereto as Exhibit "C," for implementation of the Work through
a possible artwork commission contract with City.
2.4. City Assistance.
Upon request by Artist, City shall promptly furnish all information and materials required by Artist
to the extent that such materials are available. City, upon request by Artist, shall also provide
correct scaled drawings of the Sites, if available.
2.5. Final Desi n Deliverables
Within three (3) 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 2.5 to
City for approval. Final Design Deliverables shall consist of the following:
Agreement for Final Design of Public Art `]Nark for the Fort `]North Page 5 of Z9
Crime Lab Between the City of Fort `]North and Tommy Fitzpatrick
a. Artist shall provide detailed, design illustrations of the Work for 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, showing the proposed Work from two vantage points with at least
one illustration showing the Work's size and placement in relation to the Site.
b. Artist shall provide a final written narrative for the Work, describing the following:
(1) Final Design concept and timeline for completion; (2) Proposed materials, fabrication,
and installation methods for all elements of the Work; (3) Maintenance requirements for all
elements of the Work as dictated by Artist along with cost estimates for annual maintenance;
and (4) Proposed public education program to be conducted by Artist at a time and date
mutually agreed upon by City and Artist.
C. Artist shall provide comprehensive working drawings, detailing the means of
installing all elements of the Work on the Site, together with other such graphic material as
may be requested by City to permit City to carry out structural design review. Upon City's
request, these drawings must be signed and stamped by an engineer and/or architect licensed
to work in the State of Texas as required by City, and Artist will obtain and furnish to the
Contract Manager certificates of professional liability insurance from each such licensed
professional and will require the City to be named as a "certificate holder" entitled to notice
of cancellation/nonrenewal in accordance with standard practices. Artist shall not be liable
for the use of the drawings submitted under this section for any use other than the Final
Design.
d. Artist shall provide a final budget for the Work with written estimates attached for
supplies and services to be provided by Artist, by Artist's contractor, or by others,
including any remainder of Artist's fee, in an amount not to exceed $45,000.
Agreement for Final Design of Public Art Work for the Fort Worth Page b of 29
Crime Lab Between the City of Fort Worth and Tommy Fitzpatrick
2.6. Final Design Review.
a. Upon completion of the Final Design Deliverables, Artist shall meet with the Community
Group, appropriate City staff, and other City boards or commissions, as appropriate, to present the
Final Design at dates and times mutually agreed upon for input.
b. Artist shall present the Final Design to the FWAC for approval at a regularly scheduled
meeting.
C. City may require Artist to make such revisions to the Final Design as are necessary for the
Work to comply with applicable statutes, ordinances, or regulations of any governmental regulatory
agency having jurisdiction over the Site for reasons of safety and security.
d. City may also require Artist to make such revisions to the Final Design as City deems
necessary in its sole discretion.
e. Within thirty (30) days of its receipt of Artist's submission of the Final Design, City shall
notify Artist of its approval, or disapproval, of such submission and of each revision made in the
Final Design. Revisions made pursuant to this Article 2.6, upon approval by City, shall become
part of the Final Design.
f. If the Final Design or any required revisions to the Final Design is disapproved by City,
Artist shall have thirty (30) days to resubmit the Final Design in conformance with City's
requirements.
g. If resubmitted materials are not approved by City, this Agreement may be terminated at
City's sole discretion, with payment for work performed per the payment schedule in Article 3 up
through the date of termination. Artist shall provide the Final Design presentation materials to
Contract Manager to become part of City's Public Art archive.
h. Upon the expiration of the Term, as hereinafter defined, of this Agreement, if the Final
Agreement for Final Design of Public Art Work for the Fort Worth Page 7 of 29
Crime Lab Between the City of Fort Worth and Tommy Fitzpatrick
Design is accepted by City and funding is approved by the Fort Worth City Council, negotiations
for fabrication, delivery, and installation of the Work shall commence, and shall become part of the
deliverables under any potential subsequent artwork commission contract.
i. Upon approval of the Final Design by City, Artist shall provide the Final Design
presentation materials to the Contract Manager to become part of the City of Fort Worth Public Art
archive owned by City. These documents, models and/or drawings will be retained for archival and
exhibition purposes. Artist's Final Design and all other work products under this Agreement shall
become the property of City, without restriction on future use (see Article 6).
ARTICLE 3
COMPENSATION AND PAYMENT SCHEDULE
3.1. Compensation
Total compensation to Artist under the Agreement shall not exceed FIVE THOUSAND EIGHT
HUNDRED DOLLARS AND NO CENTS ($5,800.00), which shall constitute full compensation
for any and all costs associated with this Agreement, including, but not limited to, engineering and
consulting fees, and services performed and materials furnished by Artist under this Agreement.
Artist and City may amend this Agreement to allow for additional payment if additional services are
required.
3.2. ...,Payment Schedule
City agrees to pay Artist in the following installments set forth below, each installment to represent
full and final, non-refundable payment for all services and materials provided prior to the due date
thereof:
a. ONE THOUSAND DOLLARS AND NO CENTS ($I,000. upon execution of
this Agreement.
Agreement for Final Design of Public Art `]York for the Fort Worth Page S of 29
Crime Lab Between the City of Fort Worth and Tommy Fitzpatrick
b. TWO THOUSAND DOLLARS AND NO CENTS-62,000.00) within thirty (30)
days after Artist submits all of the Final Design Deliverables required under Article
2.5 of this Agreement and makes presentation(s) of the Final Design to the FWAC.
C. TWO THOUSAND DOLLARS AND NO CENTS ($2,000.00) within thirty (30)
days after City's approval of the Final Design.
City may a Artist un to EIGHT HUNDRED DOLLARS AND NO CENTS $800.00
for engineering fees in order to fulfill the terms of this Agreement. Such payment shall be
made upon receipt of an invoice from Artist with the original invoice (a retainer fee of up to
50% is allowed) for such services attached thereto.
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 project. City shall supply Artist with the "Texas Certificate of Exemption" in
substantially the same form as that attached hereto as Exhibit "D" for use by Artist in the fulfillment
of this Agreement.
3.4. Artist's Expenses.
Artist shall be responsible for the payments of all expenses incurred during the performance of this
Agreement, including, but not limited to, services, materials, mailing/shipping charges and
insurance on submissions to City, cost of all travel, and costs for Artist's agents, consultants, and/or
employees necessary for the proper performance of the services required under this Agreement.
ARTICLE 4
TERM AND TERMINATION
4.1. 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.
4.2. Gratuities
Agreement for Final Design of Public Art Work for the Fort Worth Page 9 of?9
Crime Lab Between the City of Fort Worth and Tommy Fitzpatrick
City may cancel this Agreement if it is found that gratuities in the form of entertainment, gifts, or
otherwise were offered or given by Artist or any agent or representative to any City or Contract
Manager official or employee with a view toward securing favorable treatment with respect to the
awarding, amending, or making of any determinations with respect to this performance of this
Agreement.
4.3. 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 Agreement, then the Parties shall first attempt to resolve any disputes arising from this Article
4.3 in accordance with the dispute resolution process set forth in Article S 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 provision shall not relieve the
party in default of any liability for damages resulting from a breach or a violation of the terms of
this Agreement.
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) days before termination, specifying the grounds for
termination.
b. If the termination is for the convenience of City, Artist shall have the right to fees for work
performed, in which event City shall have the right at its discretion to possession and transfer of
title to the sketches, designs, and models already prepared and submitted or presented for
Agreement for Final Design of Public Art Work for the Fort Worth Page 10 of 29
Crime Lab Between the City of Fort Worth and Tommy Fitzpatrick
submission to City by Artist under this Agreement prior to the date of termination, provided that no
right to fabricate or execute the `]Nark shall pass to City.
C. If termination is for the convenience of Artist, Artist shall remit to City a sum equal to all
payments (if any) made to the Artist pursuant to this Agreement prior to termination.
4656 Incapacity of Artist
a In the event of Artist's death or Artist becoming physically or legally incapacitated during
the term of this Agreement, City shall have the right to terminate this Agreement on payment to
Artist or Artist's successors for all work and services performed prior to death or incapacity. All
finished and unfinished drawings, sketches, photographs, models and work shall become property
of City.
b. Should Artist's Final Design have been approved, in the event of termination under this
Article 4.5, City shall have the right to complete the Work. Due regard shall be made for Artist's
intended results and proper credit and acknowledgement shall be given to Artist. This provision
shall survive the termination or expiration of this Agreement.
ARTICLE 5
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.
Agreement for Final Design of Public Art Work for the Fort Worth Page 1 1 of?9
Crime Lab Between the City of Fort Worth and Tommy Fitzpatrick
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 Artist 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 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 4.3)
ARTICLE 6
OWNERSHIP AND INTELLECTUAL PROPERTY RIGHTS
6.1 General
a. Upon payment in full to Artist, the Artwork Design, Work, and all other work product under
this Agreement shall become property of City, without restriction on future use, except as provided
below. Artist shall retain copyright and other intellectual property rights in and to the Artwork
Design and/or Work. By execution of this Agreement, Artist grants to City a perpetual, irrevocable
license to graphically depict or display the Artwork Design and Work for any non-commercial
Agreement for Final Design of Public Art `]Nark for the Fort Worth Page 12 of 29
Crime Lab Between the City of Fort Worth and Tommy Fitzpatrick
s
purpose whatsoever. For purposes of this limitation, any graphic depiction or display of the
Artwork Design or 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. The City shall take title to all documents and/or drawings, which constitute or are
components of the Artwork Design and/or Work upon final approval of the Final Design. These
documents and/or drawings will be retained for archival and exhibition purposes.
C. Artist reserves every right available under the Federal Copyright Act to control the making
and dissemination of copies or reproductions of the Artwork Design and/or Work, except as those
rights are limited by this Agreement. City may make and disseminate photographs, drawings, and
other two-dimensional reproductions of the Artwork Design, Work, and accompanying materials for
any municipal purpose. All reproductions by City shall contain a credit to Artist and a copyright
notice substantially in the following form: "0 date, Artist's name."
d. Nothing in this Agreement shall prevent Artist from using images of the Artwork Design or
Work for marketing and promotional purposes in connection with Artist's business; provided,
however, that Artist shall make its best effort to credit City for commissioning the Work whenever
possible substantially in the following form: "an original artwork commissioned by and in the
collection of the City of Fort Worth, Tx".
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.
Artist shall notify City of changes in Artist's address as set forth in Article 12. The failure to do so,
if such failure prevents the City from locating the Artist, shall be deemed a waiver by Artist of the
Agreement for Final Design of Public Art Work for the Fort Worth Page 13 of 2.9
Crime Lab Between the City of Fort Worth and Tommy Fitzpatrick
right subsequently to enforce these provisions that require the express approval of Artist.
Notwithstanding this provision, City shall make every reasonable effort to locate the Artist When
matters arise relating to Artist's rights.
ARTICLE 7
WARRANTIES OF TITLE AND COPYRIGHT
The Artist represents and warrants that:
a. The Artwork Design and/or Work shall be the original product of the Artist's sole
creative efforts.
b. The Artwork Design and/or Work is and will be unique and original, and does not
infringe upon any copyright or the rights of any person;
C. Artist has not sold, assigned, transferred, licensed, granted, encumbered, or utilized
the Artwork Design and/or Work or any copyright related thereto that may affect or impair
the rights granted pursuant to this Agreement;
d. The Artwork Design and/or Work (or duplicate thereof) have not been accepted for
sale elsewhere;
e. Artist has the full power to enter into and perform this Agreement and to make the
grant of rights contained in this Agreement; and
f. All services performed hereunder shall be performed in accordance with all
applicable laws, regulations, ordinances, etc., and with all necessary care, skill and
diligence.
ARTICLE S
ARTIST AS INDEPENDENT CONTRACTOR
Artist shall perform all work and services hereunder as an independent contractor, and not as
an officer, agent, servant or employee of City. Artist shall have exclusive control of, and the
exclusive right to control the details of the work performed hereunder. and all persons performing
Agreement for Final Design of Public Art Work for the Fort Worth Page 14 of 29
Crime Lab Between the City of Fort Worth and Tommy Fitzpatrick
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 respondent superior has no application as between City and Artist.
ARTICLE 9
INDEMNIFICATION
9.1. General Indemnit
a. 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
SUBARTISTS AND CONTRACTORS AND THEIR RESPECTIVE OFFICERS,
AGENTS, EMPLOYEES, DIRECTORS, MEMBERS, PARTNERS, AND
REPRESENTATIVES IN CONNECTION WITH THE EXECI.ITION,
Agreement for Final Design of Public Art Work for the Fort Worth Page 15 of Z9
`rime Lab Between the City of Fort Worth and Tommy Fitzpatrick
PERFORMANCE, ATTEMPTED PERFORMANCE, OR NONPERFORMANCE OF
THIS AGREEMENT.
b. Artist agrees to and shall release City from any and all liability for injury, death,
damage, or loss to persons or property sustained by Artist in connection with or incidental to
performance under this Agreement.
C. Artist shall require all of its subcontractors to include in their subcontracts a release
and indemnity in favor of City in substantially the same form as above.
9.2. 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 WORKS 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.
Agreement for Final Design of Public Art Work for the Fort Worth Page 16 of 29
Crime Lab Between the City of Fort Worth and Tommy Fitzpatrick
9.3. Survival
All indemnification provisions of this Agreement shall survive the termination or expiration of
this Agreement.
ARTICLE 10
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.
C. Artist shall furnish all information and reports requested by the City of Fort `]North, and shall
permit access to its books, records, and accounts for purposes of investigation to ascertain
compliance with such rules and regulations.
Agreement for Final Design of Public Art Work for the Fort worth Page 17 of?9
Crime Lab Between the City of Fort Worth and Tommy Fitzpatrick
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 11
MISCELLANEOUS
11.1. Compliance
Artist shall comply with all Federal, state and local statutes, ordinances and regulations applicable
to the performance 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 other agreements and understandings, oral or written, with reference to the subject matter
hereof that are not merged herein and superseded hereby.
11.3. Amendments
No alteration, change, modification or amendment of the terms of this Agreement shall be valid or
effective unless made in writing and signed by both parties hereto and approved by appropriate
action of the City.
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 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.
11.5. 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
Agreement for Final Design of Public Art Work for the Fort `]North Page 18 of 29
Crime Lab Between the City of Fort `]North and Tommy Fitzpatrick
United States District Court for the Northern District of Texas — Fort Werth Division. This
Agreement shall be construed in accordance with the laws of the State of Texas.
11.6. Successors and Assi ns
Neither party hereto shall assign, sublet or transfer its interest herein without prior written consent
of the other party, and any attempted assignment, sublease or transfer of all or any part hereof
without such prior written consent shall be void. This Agreement shall be binding upon and shall
inure to the benefit of City and Artist and their respective successors and permitted assigns.
11.7. No Third-Party Beneficiaries
The provisions and conditions of this Agreement are solely for the benefit of the City and the Artist,
and any lawful successor or assign, and are not intended to create any rights, contractual or
otherwise, to any other person or entity.
11.8 S everability
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.
11.9. Force Ma'eure
It is expressly understood and agreed by the parties to this Agreement that if the performance of any
obligations hereunder is delayed by reason of war; civil commotion; acts of Clod; inclement
weather; governmental restrictions, regulations, or interferences; fires; strikes; lockouts, national
disasters; riots; material or labor restrictions; transportation problems; or any other circumstances
which are reasonably beyond the control of the party obligated or permitted under the terms of this
Agreement to do or perform the same, regardless of whether any such circumstance is similar to any
of those enumerated or not, the party so obligated or permitted shall be excused from doing or
performing the same during such period of delay, so that the time period applicable to such design
Agreement for Final Design of Public Art Work for the Fort Worth Page 19 of 29
Crime Lab Between the City of Fort Worth and Tommy Fitzpatrick
or construction requirement shall be extended for a period of time equal to the period such party
was delayed.
11.10. Contract Construction
The Parties acknowledge that each party and, if it so chooses, its counsel, have reviewed and
revised this Agreement and that the normal rule of construction to the effect that any ambiguities
are to be resolved against the drafting party must not be employed in the interpretation of this
Agreement or any amendments or exhibits hereto.
11.11. Fiscal Funding Out
If for any reason, at any time during any term of this Agreement, the City Council fails to
appropriate funds sufficient for the City to fulfill its obligations under this Agreement, City may
terminate this Agreement to be effective on the later of(i) thirty (30) days following delivery by
City to Artist of written notice of the 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.
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 right to audit the financial and business records of Artist that
relate to the Work (collectively "Records") at any time during the Term of this Agreement and for
three (3) years thereafter in order to determine compliance with this Agreement. Throughout the
Term of this Agreement and for three (3) years thereafter, the Artist shall make all Records
available to the City at 1 000 Throckmorton Street, Fort `]North, Texas or at another location in the
Agreement for Final Design of Public Art Work for the Fort Worth Page 20 of 29
Crime Lab Between the City of Fort Worth and Tommy Fitzpatrick
City acceptable to both parties following reasonable advance notice by the City and shall otherwise
cooperate fully with the City during any audit. Notwithstanding anything to the contrary herein,
this Section 11.13 shall survive expiration or earlier termination of this Agreement.
11.14 Certified MWBE
If applicable, Artist shall make its best effort to become a certified Minority/Women Business
Enterprise (M/WBE) firm with a certifying agency whose certification is accepted by the City under
the City's MIWBE ordinance.
11.15 Survival Provision
The provisions contained in Articles 6, (Ownership and Intellectual Property Rights), 7 (Warranties
of Title and Copyright), 8 (Artist as an Independent Contractor), and 9 (Indemnification) shall
survive the termination or expiration of this Agreement.
11.16 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 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 un-
authorized disclosure or transfer of information. City will use its best efforts to secure and protect
Agreement for Final Design of Public Art Work for the Fort Worth Page .1-1 of?9
Crime Lab Between the City of Fort Worth and Tommy Fitzpatrick
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.
11.17 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.
11.1 S. Time Extensions
The Parties may 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 delivery or receipt thereof, as the case may be, if delivered personally or sent by registered
or certified mail, return receipt requested, postage prepaid, as follows:
1. CITY OF FORT `]NORTH: Fernando Costa, Assistant City Manager
City Manager's Office
City of Fort Worth
1000 Throckmorton Street, Third Floor
Fort Worth, Texas 76 102
Agreement for Final Design of Public Art Work for the Fort Worth Page 22 of 29
Crime Lab Between the City of Fort Worth and Tommy Fitzpatrick
Copies to: Sarah Fullenwider, City Attorney
Office of the City Attorney
1000 Throckmorton Streets Third Floor
Fort Worth, Texas 76102
Martha Peters, VP-Public Art
Arts Council of Fort Worth & Tarrant County
1300 Gendy Street
Fort Worth, Texas 76 107
2. ARTIST: Tommy Fitzpatrick
7300 Cooper Lane
Austin, TX 75745
[SIGNATURES ON THE FOLLOWING PAGE]
Agreement for Final Design of Public Art Work for the Fort Worth Page 13 of 29
Crime slab Between the City of Fort Worth and Tommy Fitzpatrick
IN WITNESS HEREOF, the Parties hereto have executed this Agreement on the Effective Date.
CITY OF FORT WORTH ARTIST
by:
Fernando Costa Tommy Fitzpatrick
Assistant City Manager Individual
APPROVED AS TO FORM
AND LEGALITY:
Tyler F. Wa
Assistant Attorney
ATTESTED BY:
00000000
,a o°
000.
a o
Marty Hendrix
City Secretary ,
000
000000°°
XA
Contract Authorization:
No M&C Required
0111D
CITY r.RETARY
F-'.
ALTI-CCr11C11t 101 ['111al [)CS101 01 PUNIL No Vk ork 1()r thL' [ orl Vk orth Pauc 24 of 2y
( rinic 1,ah litl\,keen the(Iw, ()I Fori "orih and [omm� F it/patrick
Exhibit A
Artist's Preliminary Design
2:
0v:
;. t _
ON
xsx
J.t•s
.t.."."":"�
r.
\•f
';
:;;r:°>:;-----------
$5
;;
\Y.
Y;.
Y
.."" ..
Agreement for Final Design of Public Art Work for the Fort Worth Page 25 of 29
Crime Lab Between the City of Fort Worth and Tommy Fitzpatrick
i
0 ■ -
h:>a _..Vill�.
. .
s:
a':: �c:'It I �::.
3:>::.- : n
,t a
E<:'
ti i.
a :..:
•d 1. I...
a
... ... ,..... .. x ..
:3:: < V
:.. .. - .
is;
:.
.. -. ..:
µ:
::.
z s ?: '
R .
r - g
i. .
�.
§' u i
,•
F_ .
-: a
. ..
y .
71hi .
.. �.
': ....i
..
.. .. .. ,.
...........
c
y
K... {
I 4:
-.y t. Z �
�2..... ..... ....... ... .... ':: ':t:-:. .y:
..3....? .. .... ................ .....
.3E< 3'
5 . v..... .... �y�,�
.-..� .. ... ......v.. -......
�. .. .... .. .� .... ..,....
.. ... .. .... .... ...... .. --.....
.... .+ .. ... .,.... ..-. - ,
.�..... .. f...... .. .: :.:..I:<' .''
.. --.. ..... .. ..}. a .' }.
.... .. .. ::: + ....... �s :.
R :iL:: ... .. :`,:i
T.:
.-
...
p.
.. }e .
_. .
..; - ! >. v
g
is
I y� -- y.s�.
..i
:r ..:.,.t::. x x. ,e ..... €.
..r+... ++.. ....:.
x,-. .. a ..: ::.
" :
µ.... ..
.....-. ......
. .:..::- ...:...
s.. .. r
.., .. .. ..... .. .. .... F........ -
. .. ..
.. ...r.,. ..
r?af F
.. .. ..?f. .. ..
. V::: .....-.
.. .. .. .. ... ......-... .. ..
. .. ... "
e n
.. ..
...
ba..;;:.., ...::..::.
r ......z..... ....
.. .... :,...��..v.:.. :::.....:: sx.
-.. g.
k::
3 v. .w. .,,..................
..-... ,i ...... -.-.....
-.. p.
::2 i
i
. . .
:s. ::�;.
.. .. s. ........... ...-....... .,.. :.. C -- ::,..
,
r
�f. mea . .d: f. ..
. ,.,.
.. ... f ... .. ... �. ..... �1..
.. s. .. .. .. ... .......r :-.- v
a`
v. ,
a
S. F:.
S�'y� 4F
4tl
fi r':.:
x .. ,.
y
h-.::.. yy
{
{ wYY::":'':v.
::.
.. �,�y Ac #��'
�'
a . r x'11
.. -- ..::s... ... ..
...... .. ..... -.-.. .. ;ar ..
..-.. .--. .. -... S x .. •xx:
�C 1. :::.....
..
...
o.- �------ .... .:::: .. : .'':.dam
.,.-.
.. .
. ,-�
s>``
.-
i..a,r•. : ..:
n - �-
�.
.... .. ..... .. ..:.:�.. ..n... .5. '�K:::.
- .
.
,., $$n
Ek E. i$x
CG
. ... .. E
:::::::.:::...
:.:::::::::...
i %.
........ .... +. .. ... .... .. ......wf i
..
::; �e':;:;.........--v... ...
...:.. -:- .. .:: ..
. u:::: ._ ..:. ....:..:::;.:... .. :: ....,-.. .. .. . .. ............ Y. .,. y� ....
..I......... ,.
11 Y ..�+
-. -... ...... ... ..... .Y. ... .. .... .. Se. ... -.-:...-- ..-.
.-.. .Y - ........
-a f. .. .. :::::..::::::.......- -
r 1. r,
..--'- ..-,. .l-. . .,�- .�- A- "I
... .. w..: -- .. .: YZ•:.. I 1�I . ..-,e .. -��
..... Y:: ....
.}} y' �f
b::
�{ ':.. .---.
. ..............:::......... ..
�
......-..-- -
Y
' : a
::
b
'o' f.:.
............
. ,E-4r
-. t r'..
.. '.c:: ..Y .:rr.:. _
�.r... .. - .k .......... .....F... ..::... v
.. r -- .. ...2. ::Y:::.
.. .. ....
.. ... ,,.,......- ......
t - .K„ ......
xy
-.... n. C
...... ... ......... .u ... .:.b::.:�:.\•.
...- .....•XS- s
x:
>:
..:.-.- ... .........
"
a x' y
s - «.
r_
w...... xt3"' 7.. .�..::.•.:.... xc: +"„obi
>.
r a.....
. ..........:::.1.::.::,;
"
........... ,.::.:... •!.. .�... : v.. : .S:
............... -...... ..,E
- ..
...... ..... .. x..-..
. r; .. ..-1. -..:.:...:$:
............. -..... .-... - ... .... r ... ....
........ ........- -.. .rr a. ... .. ..,aq- ...-
... ... ..
y r.
f
..M.. .... -. -,-
i .•
a
ai.... -- .. .... ..- ... :: .. y
-....-.-
w .... .
s. ... x --.. ....... . .. -.
--. ..-.. ....-. .. ... .. .. --... .. -yx-_
-- a..
oC.- z ... ....... .......'-'
.. .......4:Q .. < .. --: - :. ....h .-. - .. F..r
�. x.. ...... .. ... as s
..-- ......-...e.n, ... r ....-. .. - -- ... - .: .
r.
r
.. ... ?...:.q b,..r'v .. .. .... 7
y� ''+.. �Y
.. ... .v.... . 1. .... .'
i
y
.... ..n-0i ...:.:.. ::
.... ... .. .::::.::::... ..... :.. ,'r.::
;.
..:P..:......r .:.. :...... .: .. k
:.. ....
r.. t
.,,
"t.
., -.1:-
..
h ... �':
�. ::::.:::::::... x.:.::.:
.. .
z,..
.. . .......... ..X.... .... ........... ................... `
. .. ......... -. v.w. .. ............ ..... ... .... ...... .. ... ;�.
.. .-.. .. ..... .... `CmR. -......... .. .... ............... ....... -�3
'�Yi ,
..... a ...... .. ......... .: u
... .
,x 4r'.
...- .. ... .... .. ...... ......
y�:
...... .......n ...... .r+i: isY. 15... ..-
.. ... ... .......
Rte::.
- .
-... .. :r...- ...4 ... ... �y
i
•
,
r ,
....-.....y.,.. ,•.o...
....;. f..::....:: ''
... -.�:'°`. .:_:.ate- ::..:'.• ::. � °"' ?
.-
c-
.; q..
o
y
3., ::;;
..-.... ..... .. .k ....
'::.
&•
:? y:f::.:.'
........
.
..... ... .:.:�':e..
..-...- ... .... .. .. r. .. .... .. ......... .-......
r..
. #. Y....{... .
.-.. �;>
rr... .. ,.. .
L ,:: ..
.... .-.... .. ..::. ..;....
.. 1 r ...�.: :::: :::::. ..{.-:.
.....:...�.;.v .... i.
t
....
. ....
...... .. .... .. ... ........ ..... .... ...... ..
...... . ......RS...
:. A
s
r.-. :A. .
....
.....
.. .. ............. .... ' "::
4@ .
.. .. .. .............::.
-.
�9
.:..::
.. -
S....
.. .. ::::.... ............ ........ .... :::.
:.
. r }. ....... ....... ... ............ ..
.. .,,.. _
. z. .... .. ... ... :.:::3::::::::::. . .
iF
f &.. rs..
, c
a
.. .. ....
-.
.�:.:::.: .: .. ..,. :k .
---:::: - -...:
,: ' ::a
.. r::.: .:. :...
... ..
:: F::�
::::
w
f :
Y:::.. Q. �:>'
s:
.
-
. a:::.:.: . ::::.
"
..
q ,
,. . ...
U.
t. �. s.....
€..
& bra:,.,:;:. :'.:;.<>:,
-:
i o-,�:::
...e. k..
.... .
S
.. S
. .... ......
......... .. :. ::':
:..
. <.
,.-
. .. ...... ... :=
:.-
. N..
A.. ...... .. `:
4 : ... r .
1111.
... .. .. .. 1111. 1111. .......... : ..
Yom.
... .. + .. .. 1111.. ::4c ..
... 1111... 1111 ... ... .::
... ..
.. .. .. .. 1111. :.: :.: ;?
:-
.ri.. .. 1111- .. 1111.. .. ... r ..
... 1111..
.. 1111 1111
.- ......... 1111..
n.. 1111...
:<... .. .... ... -.. 11 11.. 1 111 ry .::../ ::........:..:.-.:.. .:- :iyd6:"
.. ... --x-... .. ... .. .. .. .. .. 1111 _
k F. ...$...v ...
;.: 111,1.,...
1111 n,t
-.. .�1111..1111... ......... 111-1-... .--.- ... .. - 11.11.. 1111
-S. 1111........... 1111.-.. .-... ..-.- .. .3 .. 1111.
.- 1111 .....� fF. -.. ... -- ...-.. _
v .. 111::
..... 1111...
.. 1111-�......-.�. 1111.. ... � '�::.. •;:�..: 1111 :..�....:...
.... .. ..:: 1111 -S .....
y-
.. 1111:::::..:. 1111.-,a. `#6 .
. - - � 1111 ...., .. 1111.
d. .,.{ -1111 { ::1.- t
1111...
e F
.. ... .. ........ 1111. 1111 .. '�tg. - ......... ... .. 1111
_. .. ,.,.
1111.. ���� `�?a)�.""`"'' 3=
...... .. .. 1111... ..:: ... 1111- :::: ..
1111.-1111 k .. .... ... .. .-3 .. --. :):::' ... ....4,-.. .....:..i..::..Sd-°� ':': ':
1111..-- .. .... 1111 .. :.. ..-.: :.
.1111....-.. h .-,-1111 1111 111......1 ... .. 1111. 111 1 :::11::11. ::::�': :::
..........- .. 1111 1111-... .......... ..... 1111 .-. 1111. 1111.
.. 1111... ..
.-... 1111-. ..? .. ..-..:::
is I:: >::.;r::
::c.
:: ... ..:.. -., .: ::..
1111. ::- .,., oT...1.1:.:.::::::..... :• .3 S .;. ...
-...-. 1111 1111..
k.
................1111 .,:.:
............ -. ..
11,:11.;:.:-:.;�:.
... 1111...
...1111. ..-. d: ::::..::::::: .::.. .': .. 5.'
.-.. -1111. ... - :.::..
-.-1111..
1111.....
-1111....-.
1111.. :;:..
1111 .1111....: x. „. 1111..1111.. ..
c .
.. 1111 ... ..
. .
1 1 11 ..... -. ... .. - 1 111... .114 ..-1111. .-
:;..
£.
i
A
'.g.:.: .
. .. ? -5.-
k`
:E?
f
..
.:` ':'..
.t• :'f': ...
.--.. 1111..
...-... 1111...:
...-1111. 1111..;::
....................
........1111����..-
n
...-1111.....................
.1111...::-
..-1111..- 1111...
1111.. ;;;;;;.,:;:;:
..-1111..--. ... .. -.. ........ ...........
�.:::...:,�:.. 1111.- ..........� :��..
is .:
0
I
i' / / 0 i a/
Exhibit C
Budget
Nil I
i.
... � - . w .,,; `:�;.;;+,,;,�;;:i::.:. '� .,;;\������� max,
y3. \
ARTISTS FEE(15%)
TRAVEL
(For artists who INt more than So m0es kom Fort WoM)
Akfere
Gar Rental
Per Diem Egwses at per day
Waage at per mitt
INSURANCE
AAAoA-ked Vehicle Liability
General Liability for Arbst I Sub ntract*m
Worker's Comp.f EmpkWs Liat*lfty
Other,as applicable
ADM I NISTI!ATWI!EXPENSES
Ph rnelFax
Delivery hipping(far coffespondem:e,samples,models.drawings eta)
Reprvgrephic Servk-e
Supplies
PROFESSIONAL CONSULTANT FEES
(if applicable,dmwing must be sigmd and reeled by a professional registered to practice
in#ha State of Texas)
8"ctural Engineer*
Electrical Engrnmer*
Conservator*
Ph otogra pher(for tkmmend of completed work)"
other's
MATERIALS
(Please attach a co€npkite list of materials.Itemize all anticipated aspect and
components with per ur#cost estlrnates)
Mate€fsls*Tani
FABRICATION COSTS
(Include and itemize all p*rtiom of svb=trected work and work to be completed by
artist.)
Artist's Labor( hours at 5.per hoar)Total
Subcontrwed Labor'(TOW)
Fac€fity/Equipment Rental(used exclusively for this project)related to fob ca*n
SITE PREP'ARA71ON
(Do not include costs covered by FWPA.City of Fort Worth or others)
Test DrOng•
Removal*
LandscapingA nigation"
Electrical Modifications'
Water WorkMechanicet Devices
Other*
(Rew,w d May 2011)
Agreement for Final Design of Public Art Work for the Fort Worth Page 27 of 29
Crime Lab Between the City of Fort Worth and Tommy Fitzpatrick
w
TRANSPORTATION
Materials to Fabrication Site's
Finish Work to Installation Site*
Otter*
BASEMOUNTINO
Base
MounMg Demc and ConpwenN
FourdatiFooing
Ottr
INSTALLATION COSTS
(Costs must indude allowance for after ors installation,if applFcaMe..Please attar a
complete Fist of egipnent and individual estimates with this form)
Subcontracted Lab''`
Sca oldingk
Equipment Rental related to installation*
Off duty P ee1Sem ty*
Traffic Barriers*
Storage Face Rentar
City Pe nits
Display Devices
Fireprocffing�
Site RestorafiW
MW
LIGHTING
Designers*
Fixtures`
Bulbs.
Sde Preparaton*
Installation*
GLAND TOTAL
Please make miy necessary rues(here:
Prepared By;
Date:
fRevis-ed May 2]!1)
Agreement for Final Design of Public Art Work for the Fort Worth Page 28 of 29
Crime Lab Between the City of Fort Worth and Tommy Fitzpatrick
Exhibit D
Sales Tax Exemption
7M.XA&C,IATIFICATE OF F
-OXEMPTION
I iJaim an exemption froni pa��ient of SdIV4 and UNC WO S RW the,PUmhaNcaf taxable items des-cr ibed
Mow or on the attached ivdcr or invoi-ce,
............
Desk-ription of It 41T art
attached order or InvOice)To Be:Nwchasice:
.... ..........
I claim thisex-cniption t&the,following roavx n:
Name:of ExemiX Organ zatim: CITY FFORT WORTI-1,TEVALS
TEXAS SALES AND USE TAX PERMIT;NUMBER 1-7,". 005;284
Pri�.JW for which maticnials and mpphes are Purchased,
I und—vMland l:tat will be liable fir pp�,wr t of I x
with thr proviki; �-n ncn "Was ta ,which inay bccome due for failum to C—Omply
K .s of the state.oily,ain&k-v rnctrr4)o1 itan.trwisit authority sales and use tax[awes and
J
compiroller rules regardling exeinpt p cs. Li ah.ii.I.J.ty tbr the tia-x-ml I Im,dr,tcrm Jbw-by the- .ti p°Paid
fi)r the iaxable Me- pub a-c-d or the-fair-market rental value t4-the paiod of time.u&M-
-1 tmders-tand that:it is a-ni--isdesne&wr to pvtan exemption certific-Ale to the Seller fO-taxableitanss which
.1 ktiow.Jal the time of the pure-hosg,will bc used in manner other than th-at expensed in thbg i�eaificate
u viv
and.. pon cm- may bo fined up to&5r*per oMn,-Ke.
1-9�lqlu!,
Purchasc T WORTH,TEXAS
CITY OF.FOR
Strm Addrrvc 1000 THROCKNIORTON STREET
clty,.stativ.zip cc4c:V01M.qr.
WORTH,TEXAS 76102
Y "I
-39
S1
June 11,1009 Phc"ie 8 17 24517
-----------
111-Is cc"Olcatv dk 1101":uire a numbeTto hevalid, Sales dnd use tax'-excniti4jon-numbm'or-tax
exMtA"numbcrq dint exist,
'MN he,fumlshcd to the qupplier Uhi rk-4 scwf tht coi-tipicied to the
C'Offtr4n)ller of Puhl[c Ai��;ouatv.
Agreement for Final Design of Public Art Work for the Fort Worth Page 29 of2 9
Crime Lab Between the City of Fort Worth and Tommy Fitzpatrick