HomeMy WebLinkAboutContract 63514CSC No. 63514
PROFESSIONAL SERVICES AGREEMENT BETWEEN JOHN A. YANCEY
AND THE CITY OF FORT WORTH FOR PUBLIC ART RESTORATION AT
ROSEDALE PLAZA PARK
This PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and entered into
by and between the CITY OF FORT WORTH (the "City"), a home rule municipal corporation situated
in Texas, acting by and through Dana Burghdoff, its duly authorized Assistant City Manager, and John
A. Yancey (the "Artist"), located at 1179 Poquito Street, Austin, Texas 78702-2226, each individually
referred to herein as a "party" and collectively referred to as the "parties." City has designated the Arts
Council of Fort Worth and Tarrant County, Inc. d/b/a Arts Fort Worth to manage this Agreement on its
behalf ("Contract Manager"). The Contract Manager shall act through its designated Public Art Collection
Manager.
WHEREAS, pursuant to Chapter 2, Sections 2-56 through 2-61 of the Fort Worth Code of
Ordinances, the Fort Worth Public Art Program's goals are to create an enhanced visual environment for
Fort Worth residents, to commemorate the City's rich cultural and ethnic diversity, to integrate the design
work of artists into the development of the City's capital infrastructure improvements, and to promote
tourism and economic vitality in the City through the artistic design of public spaces;
WHEREAS, City provides oversight and annual funding for Collection Management to maintain
and repair artworks in the Fort Worth Public Art Collection;
WHEREAS, on November 19, 2018, the City commissioned Artist to design, fabricate, and
install a public artwork including a concrete plaza stained to reflect the geographic area around and in
Stop Six with inlaid stone plaques featuring historic "community gems" titled Legacy ("Artwork"), a
depiction of which is attached hereto as Exhibit "A" and incorporated herein for all purposes incident to
this Agreement, at Historic Stop Six Park, located at 5200 East Rosedale Street, Fort Worth, Texas 76105,
which was executed under City Secretary Contract (CSC) #51578 ("Artwork Commission Agreement");
WHEREAS, a March 28, 2024 treatment report indicates that the grout on the inlaid stone
plaques and the color on the concrete plaza need repair;
WHEREAS, in accordance with Section 8.3(a) of the aforementioned Artwork Commission
Agreement, Contract Manager provided the Artist with the opportunity to be involved with the restoration
of the plaza; Artist responded affirmatively and has provided a preliminary Proposal for Restoration
Work, attached hereto as Exhibit `B" and incorporated for all purposes incident to this Agreement; and
WHEREAS, the City and Artist wish to set out the terms and conditions for these consultation
services;
NOW, THEREFORE, the City and Artist, for and inconsideration of the covenants and
agreements hereinafter set forth, the sufficiency of which is hereby acknowledged, agree as follows:
The Agreement documents shall include the following:
1. This Professional Services Agreement
2. Exhibit A — The Artwork
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Professional Service Agreement between City of Fort Worth and John A. Yancey
Page 1 of 16
3.. Exhibit B — Proposal for Restoration Work
4. Exhibit C — Compensation and Payment Schedule
5. Exhibit D — Texas Sales and Use Tax Exemption Certificate
6. Exhibit E — Affidavit
All Exhibits attached hereto are incorporated herein and made a part of this Agreement for all purposes. In
the event of any conflict between the documents, the terns and conditions of this Agreement shall control.
The term "Artist" shall include the Artist and his officers, agents, employees, representatives, servants,
artists, or subcontractors.
The term "City" shall include its officers, employees, agents, and representatives.
1. SCOPE OF SERVICES.
1.1. Artist hereby agrees to provide the City with professional services to restore the Artwork
as outlined in this Section and Exhibit `B" (Proposal for Restoration Work). The Artwork is owned by the
City of Fort Worth. As additional work to that set out in Section 1.2 below and additionally compensated
under the same rates set out in Exhibit B, Artist, if requested by City, will also assist with a subsequent
review of the repairs and corrections, if necessary.
1.2. Artist shall review existing conditions in consultation with subcontractors and develop a
plan to repair and/or restore the Artwork. If Artist identifies any significant changes to the Proposal for
Restoration of Work that are necessary to restore the Artwork, Artist shall submit a revised proposal to the
Contract Manager for review and approval in advance of further work.
1.3. City is a tax-exempt organization, and no state or local sales taxes or federal excise taxes
shall be due pursuant to this Agreement. City shall supply Artist with the certificate for use by Artist in the
fulfillment of this Agreement in substantially the same form as Exhibit "D," Texas Sales and Use Tax
Exemption Certificate.
1.4. Additional services, supplies, rentals, or deliverables must be approved by the City in
writing'in advance of performance. Artist will only be compensated for any such additional services or
reimbursed as agreed to by the parties.
2. TERM.
This Agreement shall commence upon the date it is signed by the City's Assistant City Manager
("Effective Date") and end once City makes final payment to Artist for all services provided under this
Agreement, unless terminated earlier in accordance with the provisions of this Agreement.
3. COMPENSATION.
The City shall pay Artist an amount not to exceed TEN THOUSAND DOLLARS AND ZERO
CENTS ($10,000.00) in accordance with the provisions of this Agreement, Exhibit B, and Exhibit C. This
Agreement shall not obligate City to pay the full amount and shall not be construed as a guaranteed amount
payable to Artist. Payment from the City to the Artist shall be made on an invoice basis following receipt
of a signed invoice with adequate documentation provided at submission of invoice, all in form acceptable
to the City. Artist shall not perform any additional services for the City not specified by this Agreement
unless the City requests and approves. in writing the additional costs for such services. The City shall not
be liable for any additional expenses of Artist not specified by this Agreement unless the City first approves
such expenses in writing. If any conflict exists between this Agreement, Exhibit `B," and Exhibit "C," the
Professional Service Agreement between City of Fort Worth and John A. Yancey
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terms of this Agreement shall control, followed by Exhibit "C," followed by Exhibit "B.
4. TERMINATION.
4.1. Convenience. The City or Artist may terminate this Agreement at any time and for any
reason by providing the other party with at least 30 days' written notice of termination.
4.2. Non-annronriation of Funds. In the event no funds or insufficient funds are appropriated
by the Fort Worth City Council in any fiscal period for any payments due hereunder, City will notify Artist
of such occurrence and this Agreement shall terminate on the last day of the fiscal period for which
appropriations were received without penalty or expense to the City of any kind whatsoever, except as to
the portions of the payments herein agreed upon for which funds have been appropriated.
4.3. Breach. Subject to Section 27 herein, either party may terminate this Agreement for
breach of duty, obligation, or warranty upon exhaustion of all remedies set forth in Section 27.
4.4. Duties and Obligations of the Parties. In the event that this Agreement is terminated prior
to the conclusion of the stated term, the City shall pay Artist for services actually rendered up to the effective
date of termination, and Artist shall continue to provide the City with services requested by the City and in
accordance with this Agreement up to the effective date of termination. Upon termination of this Agreement
for any reason, Artist shall provide the City with copies of all completed or partially completed documents
prepared under this Agreement. In the event Artist has received access to City information or data as a
requirement to perform services hereunder, Artist shall return all City -provided information or data to the
City in a format deemed acceptable to the City.
5. DISCLOSURE OF CONFLICTS AND CONFIDENTIAL INFORMATION.
5.1. - Disclosure of Conflicts. Artist hereby warrants to the City that Artist has made full
disclosure in writing of any existing or potential conflicts of interest related to Artist's services under this
Agreement. In the event that any conflicts of interest arise after the Effective Date of this Agreement,
Artist hereby agrees immediately to make full disclosure to the City in writing.
.5.2. Confidential Information. Artist, for itself and its officers, agents, and employees, agrees
that it shall treat all information provided to it by the City as confidential and shall not disclose any such
information to a third party without the prior written approval of the City.
5.3. Unauthorized Access. Artist shall store and maintain City information in a secure manner
and shall not allow unauthorized users to access, modify, delete, or otherwise corrupt City information in
any way. Artist shall notify the City immediately if the security or integrity of any City information has
been compromised or is believed to have been compromised, in which event, Artist shall, in good faith,
use all commercially reasonable efforts to cooperate with the City in identifying what information has
been accessed by unauthorized means and shall fully cooperate with the City to protect such information
from further unauthorized disclosure.
6. RIGHT TO AUDIT.
Artist agrees that the City shall, until the expiration of three (3) years after final payment due under
this contract or the final conclusion of any audit commenced during the said three years, have access to
and the right to examine at reasonable times any directly pertinent books, documents, papers, and records
of the Artist involving transactions relating to this Contract at no cost to the City. Artist agrees that the
City shall have access during normal working hours to all necessary Artist facilities and shall be provided
adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this
Professional Service Agreement between City of Fort Worth and John A. Yancey
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section. The City shall give Artist reasonable advance notice of intended audits.
Artist further agrees to include in all its subcontractor agreements hereunder a provision to the
effect that the subcontractor agrees that the City shall, until expiration of three (3) years after final payment
of the subcontract or the final conclusion of any audit commenced during the said three years, have access
to and the right to examine at reasonable times any directly pertinent books, documents, papers, and
records of such subcontractor involving transactions related to the subcontract, and further that City shall
have access during normal working hours to all subcontractor facilities and shall be provided adequate
and appropriate work space in order to conduct audits in compliance with the provisions of this paragraph.
City shall give subcontractor reasonable notice of intended audits.
7. INDEPENDENT CONTRACTOR.
It is expressly understood and agreed that Artist shall operate as an independent contractor as to all
rights and privileges and work performed under this agreement and not as agent, representative, or employee
of the City. Subject to and in accordance with the conditions and provisions of this Agreement, Artist shall
have the exclusive right to control the details of its operations and activities and shall be solely responsible
for the, acts and omissions of its officers, agents, servants, employees, contractors, and subcontractors.
Artist acknowledges that the doctrine of respondeat superior shall not apply as between the City, its
officers, agents, servants, and employees, and Artist, its officers, agents, employees, servants, contractors,
and subcontractors. Artist further agrees that nothing herein shall be construed as the creation of a
partnership or joint enterprise between City and Artist. It is further understood that the City shall in no way
be considered a co -employer or a joint employer of Artist or any officers, agents, servants, employees, or
subcontractors of Artist. Neither Artist nor any officers, agents, servants, employees, or subcontractors of
Artist shall be entitled to any employment benefits from the City. Artist shall be responsible and liable for
any and all payment and reporting of taxes on behalf of itself and any of its officers, agents, servants,
employees, or subcontractors.
8. LIABILITY AND INDEMNIFICATION.
8.1. LIABILITY. ARTIST SHALL BE LIABLE AND RESPONSIBLE FOR ANY AND
ALL PROPERTY LOSS, PROPERTY DAMAGE, AND/OR PERSONAL INJURY, INCLUDING
DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER, WHETHER REAL
OR ASSERTED, TO THE EXTENT CAUSED BY THE ACT(S) OR OMISSION(S),
MALFEASANCE, NEGLIGENCE, OR INTENTIONAL MISCONDUCT OF ARTIST, ITS
OFFICERS, AGENTS, SERVANTS, OR EMPLOYEES.
8.2. INDEMNIFICATION. ARTIST HEREBY COVENANTS AND AGREES TO
INDEMNIFY, HOLD HARMLESS, AND DEFEND THE CITY, ITS OFFICERS, AGENTS,
SERVANTS, AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR
LAWSUITS OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, FOR
EITHER PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO
ARTIST'S BUSINESS AND ANY RESULTING LOST PROFITS), AND PERSONAL INJURY,
INCLUDING DEATH, TO ANY AND ALL PERSONS, ARISING OUT OF OR IN
CONNECTION WITH THIS AGREEMENT, TO THE EXTENT CAUSED BY THE ACTS OR
Professional Service Agreement between City of Fort Worth and John A. Yancey
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OMISSIONS, MALFEASANCE, NEGLIGENCE, OR INTENTIONAL MISCONDUCT OF
ARTIST, ITS OFFICERS, AGENTS, SERVANTS, OR EMPLOYEES.
9. ASSIGNMENT AND SUBCONTRACTING.
Artist shall not assign or subcontract any of its duties, obligations, or rights under this Agreement
without the prior written consent of the City; however, City expressly grants Artist the right to subcontract
engineering services. If the City grants consent to an assignment, the assignee shall execute a written
agreement with the City and the Artist under which the assignee agrees to be bound by the duties and
obligations of Artist under this Agreement. The Artist and assignee shall be jointly liable for all obligations
of the Artist under this Agreement. If the City grants consent to a subcontract, the subcontractor shall
execute a written agreement with the Artist referencing this Agreement under which the subcontractor shall
agree to be bound by the duties and obligations of the Artist under this Agreement as such duties and
obligations may apply. The Artist shall provide the City with a fully executed copy of any such subcontract.
10. INSURANCE.
Artist shall provide the City with certificate(s) of insurance documenting policies of the following
minimum coverage limits that are to be in effect prior to commencement of any work pursuant to this
Agreement:
10.1. Coverage and Limits for Artist.
(a) Commercial General Liability
$1,000,000 Each Occurrence
$1,000,000 Aggregate
10.2. Coverage and Limits for Artist's Subcontracted Enizineer.
(a) Commercial General Liability
$1,000,000 Each Occurrence
$1,000,000 Aggregate
(b) Professional Liability
$1,000,000 Each Occurrence
$1,000,000 Aggregate
10.3. General Requirements.
(a) The commercial general liability and professional liability policies shall name the City as
an additional insured thereon, as its interests may appear. The term "City" shall include its
employees, officers, officials, agents, and volunteers with respect to the contracted services.
(b) A minimum of thirty (30) days' notice of cancellation or reduction in limits of coverage
shall be provided to the City. A minimum of ten (10) days' notice shall be acceptable in the event of
non-payment of premium. Notice shall be sent to the Risk Manager, City of Fort Worth, 100 Fort
Worth Trail, Fort Worth, Texas 76102, with copies to the City Attorney at the same address.
(c) The insurers for all policies must be licensed and/or approved to do business in the State
of Texas. All insurers must have a minimum rating of A- VII in the current A.M. Best Key Rating
Professional Service Agreement between City of Fort Worth and John A. Yancey
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Guide, or have reasonably equivalent financial strength and solvency to the satisfaction of City's
Risk Management. If the rating is below that required, written approval of City's Risk Management
is required.
(d) Any failure on the part of the City to request required insurance documentation shall not
constitute a waiver of the insurance requirement.
(e) Certificates of insurance evidencing that the Artist has obtained all required insurance shall
be delivered to the City prior to Artist proceeding with any work pursuant to this Agreement.
11. COMPLIANCE WITH LAWS, ORDINANCES, RULES, AND REGULATIONS.
Artist agrees that in the performance of its obligations hereunder, it will comply with all applicable
federal, state, and local laws, ordinances, rules, and regulations and that any work it produces in connection
with this Agreement will also comply with all applicable federal, state, and local laws, ordinances, rules,
and regulations. If the City notifies Artist of any violation of such laws, ordinances, rules, or regulations,
Artist shall immediately desist from and correct the violation.
12. NON-DISCRUM[INATION COVENANT.
Artist, for itself, its personal representatives, assigns, subcontractors, and successors in interest, as
part of the consideration herein exchanged, agrees that in the performance of Artist's duties and obligations
hereunder, it shall not discriminate in the treatment or employment of any individual or group of individuals
on any basis prohibited by Iaw. If any claim arises from an alleged violation of this non-discrimination
covenant by Artist, its personal representatives, assigns, subcontractors, or successors in interest, Artist
agrees to assume such liability and to indemnify and defend the. City and hold the City harmless from such
claim.
13. NOTICES.
Notices required pursuant to the provisions of this Agreement shall be conclusively determined
to have.been delivered when: (1) hand -delivered to the other party, its agents, employees, servants, or
representatives; (2) delivered by facsimile with electronic confirmation of the transmission; or (3) received
by the other party by United States Mail, registered, return receipt requested, addressed as follows:
City of Fort Worth
Attn: Dana Burghdoff, Assistant City Manager
100 Fort Worth Trail
Fort Worth TX 76102-6311
With Copy to the City Attorney at same address, and
Anne Allen, Public Art Program Manager
Arts Fort Worth
1300 Gendy Street
Fort Worth TX 76107
14. SOLICITATION OF EMPLOYEES.
Artist
John A. Yancey
1179 Poquito Street
Austin, Texas 78702-2226
Neither the City nor Artist shall, during the term of this Agreement and additionally for a period
of one (1) year after its termination, solicit for employment or employ, whether as employee or independent
Professional Service Agreement between City of Fort Worth and John A. Yancey
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contractor, any person who is or has been employed by the other during the term of this Agreement, without
the prior written consent of the other party. Notwithstanding the foregoing, this provision shall not apply
to an employee of either party who responds to a general solicitation of advertisement of employment by
either party.
15. GOVERNMENTAL POWERS / LUNIUlVITIES.
It is understood and agreed that the City does not waive or surrender any of its governmental
powers or immunities by execution of this Agreement.
16. NO WAIVER.
The failure of the City or Artist to insist upon the performance of any term or provision of this
Agreement or to exercise any right granted herein shall not constitute a waiver of the City's or Artist's
respective right to insist upon appropriate performance or to assert any such right on any future occasion.
17. GOVERNING LAW / VENUL.
This Agreement shall be construed in accordance with the laws of the State of Texas. If any action,
whether real or asserted, at law or in equity, is brought pursuant to this Agreement, venue for such action
shall lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern
District of Texas, Fort Worth Division.
18. SEVERABMITY.
If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the validity,
legality, and enforceability of the remaining provisions shall not in any way be affected or impaired.
19. FORCE MAJEURE.
The City and Artist shall exercise their best efforts to meet their respective duties and obligations
as set forth in this Agreement, but shall not be held liable for any delay or omission in performance due to
force majeure or other causes beyond their reasonable control, including, but not limited to, compliance
with any government law, ordinance, or regulation, acts of God, acts of the public enemy, fires, strikes,
lockouts, natural disasters, wars, riots, material or labor restrictions by any governmental authority,
transportation problems, and/or any other similar causes.
20. HEADINGS NOT CONTROLLING.
Headings and titles used in this Agreement are for reference purposes only, shall not be deemed a
part of this Agreement, and are not intended to define or limit the scope of any provision of this Agreement.
21. REVIEW OF COUNSEL.
The parties acknowledge that each party and its counsel have had the opportunity to review and revise
this Agreement and that the normal rules of contract construction to the effect that any ambiguities are
resolved against the drafting party shall not be employed in the interpretation of this Agreement or exhibits
attached hereto and incorporated herein.
Professional Service Agreement between City of Fort Worth and John A. Yancey
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22. �I NIENDMENTS.
No amendment of this Agreement shall be binding upon a party hereto unless such amendment is
set forth in a written instrument, which is executed by an authorized representative of each party.
23. ENTIRETY OF AGREEMENT.
This Agreement, including the schedule of exhibits attached hereto and any documents
incorporated herein by reference, contains the entire understanding and agreement between the City and
Artist, including their respective assigns and successors in interest, as to the matters contained herein. Any
prior or contemporaneous oral or written agreement is hereby declared null and void to the extent in
conflict with any provision of this Agreement.
24. COUNTERPARTS AND ELECTRONIC SIGNATURES.
This Agreement may be executed in one or more counterparts and each counterpart shall, for all
purposes, be deemed an original, but all such counterparts shall together constitute one and the same
instrument. A signature received electronically shall be as legally binding for all purposes as an original
signature.
25. WARRANTY OF SERVICES.
25.1 Artist warrants that his services will be of a professional quality and conform to generally
prevailing industry standards. City must give written notice of any breach of this warranty section within
thirty (30) days from the date that the breach was actually known to City. Upon notice to Artist, at Artist's
option, Artist shall either (a) use commercially reasonable efforts to re -perform the services in a manner
that conforms with this warranty, or (b) refund all fees paid by the City to Artist under this Agreement. This
warranty section shall survive any expiration or termination of this Agreement.
25.2 If within one year after completion of repairs City observes any breach of warranty
described in this Article 25 that is not curable by Artist, Artist is responsible for reimbursing City for
damages, expenses, and losses incurred by City as a result of the breach. However, if Artist disclosed the
nsk of this breach in the proposal and City accepted that it may occur, it shall not be deemed a breach for
purposes of this Article 25.
25.3 If after one year from completion of repairs City observes any breach of warranty
described in this Article 25 that is curable by Artist, City shall give written notice to Artist to make or
supervise repairs or restorations at a reasonable fee. Artist shall notify City, in writing, within thirty (30)
days after receipt of the notice, as to whether Artist will make or supervise the repairs or restorations. Should
Artist fail to respond within the thirty -day (30) deadline or be unwilling to accept reasonable compensation
under the industry standard, City may seek the services of a qualified restorative conservator and
maintenance expert.
26. IMMIGRATION AND NATIONALITY ACT.
Artist shall verify the identity and employment eligibility of its employees who perform work under
this Agreement, including completing the Employment Eligibility Verification Form (I-9). Upon request
by City, Artist shall provide City with copies of all I-9 forms and supporting eligibility documentation for
each employee who performs work under this Agreement. Artist shall adhere to all federal and state laws
and establish appropriate procedures. and controls so that no services will be performed by any Artist
employee who is not legally eligible to perform such services. ARTIST SHALL INDEMNIFY CITY
AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO
Professional Service Agreement between City of Fort Worth and John A. Yancey
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VIOLATIONS OF THIS PARAGRAPH BY ARTIST, ARTIST'S EMPLOYEES, SUBARTISTS,
AGENTS, OR LICENSEES. City, upon written notice to Artist, shall have the right to immediately
terminate this Agreement for violations of this provision by Artist.
27. INFORMAL DISPUTE RESOLUTION.
Except in the event of termination pursuant to Section 4.2, if either City or Artist 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 the matter 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 parry's specific reasons for such dispute.
Within ten (10) business days of receipt of the notice, both parties shall commence the resolution process and
make a good faith effort, whether through email, mail, phone conference, in -person meetings, or other reasonable
means, to resolve any claim, dispute, breach, or other matter in question that may arise out of, or in connection
with, this Agreement. If the parties fail to resolve the dispute within sixty (60) days of the date of receipt of
the notice of the dispute, then the parties may submit the matter to non -binding mediation in Tarrant County,
Texas, upon written consent of authorized representatives of both parties in accordance with the Industry
Arbitration Rules of the American Arbitration Association or other applicable rules governing mediation then
in effect. The mediator shall be agreed to by the parties. Each party shall be liable for its own expenses,
including attorney's fees; however, the parties shall share equally in the costs of the mediation. If the parties
cannot resolve the dispute through mediation, then either party shall have the right to exercise any and all
remedies available at law or in equity regarding the dispute. Notwithstanding the fact that the parties may
be attempting to resolve a dispute in accordance with this informal dispute resolution process, the parties
agree to continue without delay all of their respective duties and obligations under this Agreement not
affected by the dispute. Either party may, before or during the exercise of the informal dispute resolution
process set forth herein, apply to a court having jurisdiction for a temporary restraining order or preliminary
injunction where such relief is necessary to protect its interests.
28. TIME EXTENSI0m.
The Parties may mutually agree, in writing, to extend or modify any of the time deadlines set forth
in this Agreement.
29. ISRAEL.
If Artist has fewer than 10 employees or the Agreement is for less than $100,000, this section does
not apply. Artist acknowledges that in accordance with Chapter 2271 of the Texas Government Code, City
is prohibited from entering into a contract with a company for goods or services unless the contract contains
a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel
during the term of the contract. The terms "boycott Israel" and "company" shall have the meanings ascribed
to those terms in Section 808.001 of the Texas Government Code. By signing this Agreement, Artist certifies
that, if applicable, Artist's signature provides written verification to City that Artist. (1) does not boycott
Israel; and (2) will not boycott Israel during the term of the Agreement.
30. ENERGY COMPANIES.
If Artist is a company with ten (10) or more full-time employees and this Agreement is for $100,000
or more, Artist acknowledges that in accordance with Chapter 2276 of the Texas Government Code the City
is prohibited from entering into a contract for goods or services that has a value of $100,000 or more that is
to be paid wholly or partly from public funds of the City with a company with 10 or more full-time employees
unless the contract contains a written verification from the company that it: (1) does not boycott energy
companies; and (2) will not boycott energy companies during the term of the contract. The terms "boycott
energy company" and "company" have the meanings ascribed to those terms by Chapter 2276 of the Texas
Professional Service Agreement between City of Fort Worth and John A. Yancey
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uovernment Code. To the extent that Chapter 2276 of the Government Code is applicable to this Agreement,
by signing this Agreement Artist certifies that Artist's signature provides written verification to the City
that Artist. (1) does not boycott energy companies; and (2) will not boycott energy companies during the
term of this Agreement.
31. FIREARMS AND AMMUNITIONS INDUSTRIES.
If Artist is a company with ten (10) or more full-time employees and this Agreement is for $100,000
or more, Artist acknowledges that in accordance with Chapter 2274 of the Texas Government Code the City
is prohibited from entering into a contract for goods or services that has a value of $100,000 or more that is
to be paid wholly or partly from public funds of the City with a company with 10 or more full-time employees
unless the contract contains a written verification from the company that it: (1) does not have a practice,
policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and
(2) will not discriminate during the term of the contract against a firearm entity or firearm trade
association. The terms "discriminate," "firearm entity," and "firearm trade association" have the meanings
ascribed to those terms by Chapter 2274 of the Texas Government Code. To the extent that Chapter 2274 of
the Government Code is applicable to this Agreement, by signing this AgreementArtist certifies that Artist's
signature provides written verification to the City thatArdst. (1) does not have a practice, policy, guidance,
or directive that discriminates against a firearm entity or firearm trade association; and (2) will not
discriminate against a firearm entity or firearm trade association during the term of this Agreement.
Professional Service Agreement between City of Fort Worth and John A. Yancey
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IN VVITNESS WHEREOF, the parties hereto have executed this Agreement in multiples.
ACCEPTED AND AGREED:
CITY OF FORT WORTH
Paw zgarandoff
By. Dana Burghdoff (Jun 24, 2025 18:03 CDT)
Dana Burghdoff
Assistant City Manager
Date: 06/23/2025
RECONIAMMNDED FOR APPROVAL
"
By: MidoriClark (Jun 23, 202514:55 CDT)
Midon Clark
Library Director
APPROVED AS TO FORM AND LEGALITY:
By. '7 q-.&-
Trey Qualls, Assistant City Attorney
ARTIST
John A.kance `
Y
Date: G% �&
CONTRACT COMPLIANCE MANAGER:
By signing, I acknowledge that I am the person responsible for the
monitoring and administration of this contract, including ensuring
all performance and reporting requirembnts.
jC.001
Jennifer Conn, Public Art Colley(V Manager
Arts Council of Fort Worth 4 94ann
O
a �OF FORt�'9.Idd
Fo
ATTEST: p ago s=,
/VI a�Il nEXAgo4
By:
Jannette Goodall, City Secretary
CONTRACT AUTHORIZATION:
M&C: N/A
Form 1295: N/A
OFFICIAL RECORD
CITY SECRETARY
Professional Service Agreement between City of Fort Worth and John A. Yancey FT. WORTH, TX
Page 11 of 16
rz3 �
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EXHIBIT A
THE ARTWORK
Detail from conservator's report (March 28, 2024)
The concrete plaza on which the wall sit has cracks
and/or fissures in the surface. The color on the plaza
is flaking and chipping. There are skid marks on the
plaza likely from bike tires.
Some of the grout surround the plaques has
crumbled and popped out.
Professional Service Agreement between City of Fort Worth and John A. Yancey
Page 12 of 16
EXHIBIT B
PROPOSAL FOR RESTORATION WORK
City of Fort Worth/Fort Worth Public Art
100 Fort Worth Trail
Fort Worth, TX 76102
Contact: Public Art Collection Manager Jennifer Conn
PROPOSAL FOR RESTORATION WORK
FOR PUBLIC ARTWORK "LEGACY"
In accordance with City of Fort Worth Article 5.2 of the commission agreement with John A. Yancey, I am proposing
that I supervise repairs to the plaza of the public artwork, "Legacy" in historic Stop Six Park in Fort Worth, Texas.
Plaza repairs will be subcontracted to LJ Design & Construction. The cost of the plaza repairs are estimated to be
$8,125. My administrative costs to supervise the repairs will be $400.
In total, the proposed repairs will be $8,525.
Please do,.not hesitate to contact me if further information is required.
Thank you,
John A. Yancey
Artist, "Legacy"
Email:
cell: 512417-8644
Professional Service Agreement between City of Fort Worth and John A. Yancey
Page 13 of 16
EXHIBIT C
COMPENSATION AND PAYMENT SCHEDULE
1) Compensation. The City shall pay Artist a total amount not to exceed TEN THOUSAND DOLLARS
AND ZERO CENTS ($10,000.00) for all services performed, including but not limited to,
consultation and engineering fees, labor, storage, packing, transit, and any costs required to restore
the artwork plaza in accordance with the provisions of this Agreement. This amount is inclusive of
a contingency allowance of up to $1,475.00. Artist and City may amend this Agreement to allow for
additional payment if additional services are required.
a) Services outlined in this Agreement are based on rates in accordance with the Artist's Proposal
for Restoration Work.
b) Compensation for all of Artist's services performed pursuant to this Agreement shall be made
on an invoice basis supported with documentation at invoicing, with total fee, including, but not
limited to, all reimbursable expenses.
c) Artist will not bill City for tax pursuant to Artist's use of Exhibit D as outlined in section 1.3 of
this Agreement.
d) Any additional expenses not outlined in this Agreement or the attached exhibits which are
incurred by Artist must be approved in writing by Contract Manager before being added to the
invoice submitted to the City upon completion of services under this Agreement.
2) Pavment 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) THREE THOUSAND FIVE HUNDRED DOLLARS AND ZERO CENTS ($3,500.00) to cover
expenses related to materials and supplies upon execution of Agreement.
b) Up to an amount not to exceed FIVE THOUSAND TWENTY-FIVE DOLLARS AND ZERO
CENTS ($5,025.00) after restoration has been completed and approved by the Contract Manager
and receipt by City of such documentation as it may require concerning payment of services and
materials rendered.
c) The total compensation in section l(a) of this Exhibit C includes payment for any unforeseen
changes in the approved repairs from a contingency fund in an amount not to exceed ONE
THOUSAND FOUR HUNDRED SEVENTY-FIVE DOLLARS AND ZERO CENTS
($1,475.00) for costs associated with services that are incurred by the Artist upon (i) receipt
of supporting documentation by the Contract Manager from the Artist, and (ii) approval by
the Contract Manager of the additional costs.
d) Artist shall submit a signed invoice to the City's Contract Manager for payment under this
Agreement within fifteen (15) days of completing services under this Agreement and include any
necessary receipts.
e) City shall compensate Artist in full within thirty (30) days after receipt of Artist's final invoice
and all deliverables.
Professional Service Agreement between City of Fort Worth and John A. Yancey
Page 14 of 16
r
EXfIIBIT D
TIFY4S SALES AND USE TAX EXEMPTION CERTIFICATE
Texas Sales and Use Tax Exemption Certification
City of Fort Worth. Texas
200 Texas Street 817-392 8517.
Fort Worth, Texas 76102
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All Vendors
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sign
TN15 CERTfFICATE DOES NOT REQUIRE A NUM6FR TO AF VA! 10
This certificate should be furnished to the sizgplier.
Do Ilpj send the completed certificate to the Comptroller of Public Accounts.
Professional Service Agreement between City of Fort Worth and John A. Yancey
Page 15 of 16
Date:
Affiant (Artist`,:
^erty:
DAVIT OF BILLS PAID
Affiant on oath swears that the following statement is true:
Affiant has paid each of Affiant's contractors, laborers, and materialmen in full for all labor and material-
provided to Affiant for the construction of any and all improvements on the property. Affiant is not indebted
to any person, firm, or corporation by reason of any such construction. There are no claims pending for
personal injury and/or property damages.
Affiant:
SUBSCRIBED AND SWORN TO before me, the undersigned authority, on this the
day of , 2025.
Notary Public, State of Texas
Print Name
Commission Expires
Professional Service Agreement between Citv of Fort Worth and John A. Y ance
Pate 16 of 16