HomeMy WebLinkAboutContract 63860CSC No. 63860
VENDOR SERVICES AGREEMENT BETWEEN THE CITY OF FORT WORTH
AND GRAPHICS MFG FOR PUBLIC ART PLAQUE PRODUCTION AND
INSTALLATION
This Agreement is entered into this day of by and between the City of Fort
Worth ("City"), a Texas home rule municipal corporation, acting by and through its duly authorized
Assistant City Manager, and Graphics MFG. ("Vendor"), a Stock Corporation, located at 13109
Aerospace Dr. Victorville, California, 92394 acting by and through Adam Campos, its duly authorized
representative. 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, the City owns a collection of artworks (collectively, the "Artworks"); publicly
displayed throughout the city and provides funding for corresponding plaques providing the artist's name
and other information relevant to the Artwork. All plaques are in proximity to artworks on or in publicly
accessible, City -owned properties. Most are outdoors.
WHEREAS, on December 2, 2024, the City conducted an informal Request for Quotes seeking
qualified firms to provide regular and as -needed services to provide for production and installation of
interpretive plaques;
WHEREAS, Vendor is an established firm providing the specified professional services,
submitted a response and was selected to provide plaque production and installation on an as -needed
basis;
WHEREAS, City and Vendor wish to enter into an agreement to have such services provided for
public artworks in the Collection;
NOW, THEREFORE, City and Vendor for and in consideration 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 Vendor Services Agreement;
2. Exhibit A — Request for Quotes for Public Art Plaque Production and Installation
3. Exhibit B — Vendor's Rate and Fee Schedule for Plaque Production
4. Exhibit C — Vendor's Rate and Fee Schedule for Plaque Installation; and
5. Exhibit D — Texas Sales Tax and Local Sales Tax Exemption Certificate
Exhibits A, B, C, and D which are attached hereto and incorporated herein, are made a part of this
Agreement for all purposes. In the event of any conflict between the terms and conditions of Exhibits A,
B, C or D and the terms and conditions set forth in the body of this Agreement, the terms and conditions of
this Agreement shall control.
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Vendor Services Agreement between the City of Fort Worth and Graphics MFG Page 1 of 20
1. SCOPE OF SERVICES.
1.1. Vendor hereby agrees to provide the City with plaque production as described in Exhibit
"B," Vendor's Rate Schedule for Plaque Production as outlined in this section;
1.2. Vendor hereby agrees to provide the City with plaque installation as described in Exhibit
"C," Vendor's Rate and Fee Schedule for Plaque Installation as outlined in this section;
1.3. Vendor, if requested by City, will also assist with providing alternate production or
installation methods on an as -needs basis. If such work is requested and agreed to in writing by City, the
Vendor will provide a cost estimate to City for approval prior to performing any additional 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 Vendor with the certificate for use by Vendor in the
fulfillment of this Agreement in substantially the same form as Exhibit "D," Texas Sales and Use Tax
Exemption Certificate.
1.4. Vendor shall coordinate with the City to schedule plaque installation.
1.5. Additional services, supplies, rentals, or deliverables must be approved in writing in
advance of performance. Vendor will only be compensated for any such additional services or reimbursed
as agreed to by the parties.
1.6. City shall provide specific plaque language and layout for Vendor and Vendor agrees to
be provide City with a proof prior to production. City will approve the proof in writing.
1.7. Vendor shall be responsible for the payments of all expenses incurred that pertain to
services being performed under this Agreement, including but not limited to plaque production and
Vendor's services including materials, mailing/shipping charges, insurance costs, costs of all travel for
Vendor and any other subcontractors, and any additional costs for the Vendor's agents, consultants,
subcontractors or employees necessary for the proper performance of the services required under this
Agreement.
1.8. Vendor shall make timely payments to all persons and entities supplying labor, materials,
services, or equipment for the performance of this Agreement. THE VENDOR SHALL DEFEND AND
INDEMNIFY THE CITY AND THE CONTRACT MANAGER FROM ANY CLAIMS OR LIABILITY
ARISING OUT OF THE VENDOR'S FAILURE TO MAKE THESE PAYMENTS. Vendor shall furnish
the City an affidavit certifying that all bills relating to services or supplies used in the performance of this
Agreement have been paid, attached hereto as Exhibit "D," Affidavit of Bills Paid.
HENEFtwi
This Agreement shall begin upon execution ("Effective Date") and shall expire on September 30,
2025 ("Expiration Date"), unless terminated earlier in accordance with this Agreement ("Initial Term").
City shall have the option, in its sole discretion, to renew this Agreement under the same terms and
conditions, for up to four (4) one-year renewal options.
Vendor Services Agreement between the City of Fort Worth and Graphics MFG Page 2 of 20
3. COMPENSATION
City shall pay Vendor in accordance with the provisions of this Agreement and the Vendor's Rate
Schedule more specifically described and included herein as Exhibit "B," — Vendor's Rate and Fee
Schedule. Total annual payment made under this Agreement by City shall be an amount not to exceed
TWENTY THOUSAND AND NO CENTS ($20,000.00). Vendor shall not perform any additional
services or bill for expenses incurred for City not specified by this Agreement unless City requests and
approves in writing the additional costs for such services. City shall not be liable for any additional
expenses of Vendor not specified by this Agreement unless City first approves such expenses in writing.
4.1. Written Notice. City or Vendor may terminate this Agreement at any time and for any
reason by providing the other party with 30 days' written notice of termination.
4.2 Non-anpronriation of Funds. In the event no funds or insufficient funds are appropriated
by City in any fiscal period for any payments due hereunder, City will notify Vendor 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 City of any kind whatsoever, except as to the portions of the
payments herein agreed upon for which funds have been appropriated.
4.3 Duties and Obligations of the Parties. In the event that this Agreement is terminated prior
to the Expiration Date, City shall pay Vendor for services actually rendered up to the effective date of
termination and Vendor shall continue to provide City with services requested by City and in accordance
with this Agreement up to the effective date of termination. Upon termination of this Agreement for any
reason, Vendor shall provide City with copies of all completed or partially completed documents prepared
under this Agreement. In the event Vendor has received access to City Information or data as a requirement
to perform services hereunder, Vendor shall return all City provided data to City in a machine readable
format or other format deemed acceptable to City.
5.1 Disclosure of Conflicts. Vendor hereby warrants to City that Vendor has made full
disclosure in writing of any existing or potential conflicts of interest related to Vendor's services under this
Agreement. In the event that any conflicts of interest arise after the Effective Date of this Agreement,
Vendor hereby agrees immediately to make full disclosure to City in writing.
5.2 Confidential Information. Vendor, for itself and its officers, agents and employees, agrees
that it shall treat all information provided to it by City ("City Information") as confidential and shall not
disclose any such information to a third party without the prior written approval of City.
5.3 Unauthorized Access. Vendor 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. Vendor shall notify City immediately if the security or integrity of any City Information has been
compromised or is believed to have been compromised, in which event, Vendor shall, in good faith, use all
commercially reasonable efforts to cooperate with City in identifying what information has been accessed
by unauthorized means and shall fully cooperate with City to protect such City Information from further
unauthorized disclosure.
Vendor Services Agreement between the City of Fort Worth and Graphics MFG Page 3 of 20
6. RIGHT TO AUDIT.
Vendor agrees that City shall, until the expiration of three (3) years after final payment under this
contract, or the final conclusion of any audit commenced during the said three years, have access to and the
right to examine at reasonable times any directly pertinent books, documents, papers and records, including,
but not limited to, all electronic records, of Vendor involving transactions relating to this Agreement at no
additional cost to City. Vendor agrees that City shall have access during normal working hours to all
necessary Vendor facilities and shall be provided adequate and appropriate work space in order to conduct
audits in compliance with the provisions of this section. City shall give Vendor reasonable advance notice
of intended audits.
7. INDEPFNDFNT CONTRACTOR..
It is expressly understood and agreed that Vendor 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 City. Subject to and in accordance with the conditions and provisions of this Agreement,
Vendor shall have the exclusive right to control the details of its operations and activities and be solely
responsible for the acts and omissions of its officers, agents, servants, employees, consultants and
subcontractors. Vendor acknowledges that the doctrine of respondeat superior shall not apply as between
City, its officers, agents, servants and employees, and Vendor, its officers, agents, employees, servants,
contractor and subcontractors. Vendor further agrees that nothing herein shall be construed as the creation
of a partnership or joint enterprise between City and Vendor. It is further understood that City shall in no
way be considered a Co -employer or a Joint employer of Vendor or any officers, agents, servants,
employees or s subcontractor of Vendor. Neither Vendor, nor any officers, agents, servants, employees or
subcontractors of Vendor shall be entitled to any employment benefits from City. Vendor 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 subcontractor.
8. LIABILITY AND INDEMNIFICATION.
8.1 Vendor covenants and agrees to indemnify, hold harmless and defend, at its own
expense, City, its officers and employees, from and against any and all claims arising out of, or alleged
to arise out of, the work and services to be performed by Vendor, its officers, agents, employees,
subcontractors, licenses or invitees under this Agreement. This indemnification provision is
specifically intended to operate and be effective even if it is alleged or proven that all or some of the
damages being sought were caused, in whole or in part, by any act, omission or negligence of City.
This indemnity provision is intended to include, without limitation, indemnity for costs, expenses and
legal fees incurred by City in defending against such claims and causes of actions.
8.2 Vendor covenants and agrees to indemnify and hold harmless, at its own expense, City,
its officers and employees, from and against any and all loss, damage or destruction of property of
City, arising out of, or alleged to arise out of, the work and services to be performed by the Vendor,
its officers, agents, employees, subcontractors, licensees or invitees under this Agreement. This
indemnification provision is specifically intended to operate and be effective even if it is alleged or
proven that all or some of the damages being sought were caused, in whole or in part, by any act,
omission or negligence of City.
Vendor Services Agreement between the City of Fort Worth and Graphics MFG Page 4 of 20
9. ASSIGNMENT AND SUBCONTRACTING.,
9.1 Asiinment. Vendor shall not assign or subcontract any of its duties, obligations or rights
under this Agreement without the prior written consent of City. If City grants consent to an assignment, the
assignee shall execute a written agreement with City and Vendor under which the assignee agrees to be
bound by the duties and obligations of Vendor under this Agreement. Vendor and Assignee shall be jointly
liable for all obligations of Vendor under this Agreement prior to the effective date of the assignment.
9.2 Subcontract. If City grants consent to a subcontract, subcontractor shall execute a written
agreement with Vendor referencing this Agreement under which subcontractor shall agree to be bound by
the duties and obligations of Vendor under this Agreement as such duties and obligations may apply.
Vendor shall provide City with a fully executed copy of any such subcontract.
Contractor shall meet all the following insurance requirements for this Project. If Contractor subcontracts
production, transportation, and/or installation of the Work, then Contractor shall also require his/her
subcontractor(s) to abide by all of the following insurance requirements.
Commercial General Liability (CGL)
$1,000,000 Each occurrence
$2,000,000 Aggregate limit
Coverage shall include, but not be limited to, the following: premises, operations, independent
contractors, products/completed operations, personal injury, and contractual liability. Insurance shall be
provided on an occurrence basis and be as comprehensive as the current Insurance Services Office (ISO)
policy. The policy shall name City as an additional insured.
Bailee's/Property (if applicable)
The inland marine policy shall provide per occurrence coverage at replacement cost value based on the
latest appraised value of the Artwork, which is entrusted to the Contractor and is considered to be in the
Contractor's care, custody, and control and shall include property "in transit."
Automobile Liability
$1,000,000 Each accident or
$250,000 Bodily Injury per person
$500,000 Bodily Injury per occurrence
$100,000 Property Damage
A commercial business policy shall provide coverage on "Any Auto," defined as autos owned, hired and
non -owned.
For Contractor and/or Contractor's Subcontractors who have employees: Workers' Compensation
Statutory limits Employer's liability
$100,000 Each accident/occurrence
$100,000 Disease - per each employee
$500,000 Bodily Injury/Disease - policy limit
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GENERAL POLICY REQUIREMENTS
The certificate of insurance shall include an endorsement naming the City of Fort Worth, its' Officers,
Employees and Volunteers as an "Additional Insured" on all liability policies. Exception: the additional
insured requirement does not apply to Workers' Compensation or Automobile policies.
Contractor is responsible for providing the City a thirty -day (30) notice of cancellation or non -renewal of
any insurance policy and may not change the terms and conditions of any policy that would limit the
scope or coverage, or otherwise alter or disallow coverage as required herein. The workers' compensation
policy shall include a Waiver of Subrogation (Right of Recovery) in favor of the City of Fort Worth. The
insurers for all policies must be licensed/approved to do business in the State of Texas. If the
subcontractor is an international entity and carries insurance through an international insurance company,
then the subcontractor must obtain language on their certificate of insurance confirming that its insurance
policy extends coverage to operations in the United States. All insurers must have a minimum rating of
A- VII in the current A. M. Best Key Rating Guide or have reasonably equivalent financial strength and
solvency to the satisfaction of Risk Management. If the rating is below that required, written approval of
Risk Management is required.
If insurance policies are not written for specified coverage limits, an Umbrella or Excess Liability
insurance for any differences is required. Excess Liability shall follow form of the primary coverage.
Unless otherwise stated, all required insurance shall be written on an "occurrence basis."
The deductible or self -insured retention (SIR) affecting required insurance coverage shall be acceptable to
and approved in writing by the Risk Manager of City of Fort Worth in regards to asset value and
stockholders' equity. In lieu of traditional insurance, alternative coverage maintained through insurance
pools or risk retention groups, must also approved by City's Risk Manager.
City, at its sole discretion, reserves the right to review the insurance requirements and to make reasonable
adjustments to insurance coverages and their limits when deemed necessary and prudent by City based
upon changes in statutory law, court decision or the claims history of the industry as well as of the
contracting party to City of Fort Worth. City shall be required to provide prior notice of ninety days.
City shall be entitled, upon request and without expense, to receive copies of policies and endorsements
thereto and may make any reasonable requests for deletion or revision or modifications of particular
policy terms, conditions, limitations, or exclusions except where policy provisions are established by law
or regulations binding upon either of party or the underwriter on any such policies.
11. COMPLIANCE WITH LAWS. ORDINANCES. RULES AND REGULATIONS.
Vendor agrees that in the performance of its obligations hereunder, it shall 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 City notifies Vendor of any violation of such laws, ordinances, rules
or regulations, Vendor shall immediately desist from and correct the violation.
Workers' Compensation coverage shall provide limits consistent with statutory benefits outlined in the
Texas workers' Compensation Act (Art. 8308 — 1.01 et seq. Tex. Rev. Civ. Stat.).
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12. NON-DISCRIMINATION COVENANT.
Vendor, for itself, its personal representatives, assigns, subcontractors and successors in interest,
as part of the consideration herein, agrees that in the performance of Vendor'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 law. IF ANY CLAIM ARISES FROM AN ALLEGED VIOLATION OF
THIS NON-DISCRIMINATION COVENANT BY VENDOR, ITS PERSONAL
REPRESENTATIVES, ASSIGNS, SUBVENDORSS OR SUCCESSORS IN INTEREST, VENDOR
AGREES TO ASSUME SUCH LIABILITY AND TO INDEMNIFY AND DEFEND CITY AND
HOLD CITY HARMLESS FROM SUCH CLAIM.
13. NOTICFS.
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:
To CITY:
To VENDOR:
City of Fort Worth Graphics MFG
Attn: Dana Burghdoff, Assistant City Manager Adam Campos
100 Fort Worth Trail 13109 Aerospace Dr.
Fort Worth, TX 76102-6314 Victorville, California, 92394
Facsimile: (817) 392-8654
With copy to Fort Worth City Attorney's Office at Facsimile:
same address
14. SOLICITATION OF EMPLOYEES,
Neither City nor Vendor shall, during the term of this Agreement and additionally for a period of
one year after its termination, solicit for employment or employ, whether as employee or independent
Vendor, any person who is or has been employed by the other during the term of this Agreement, without
the prior written consent of the person's employer. Notwithstanding the foregoing, this provision shall not
apply to an employee of either party who responds to a general solicitation of advertisement of employment
by either party.
15. GOVERNMENTAL POWERS.
It is understood and agreed that by execution of this Agreement, City does not waive or surrender
any of its governmental powers or immunities.
Vendor Services Agreement between the City of Fort Worth and Graphics MFG Page 7 of 20
16. NO WAIVER;
The failure of City or Vendor 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 City's or Vendor's
respective right to insist upon appropriate performance or to assert any such right on any future occasion.
17. GOVERNING LAW / VENUE.
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.
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.
City and Vendor 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 reviewed and revised this Agreement
and that the normal rules of construction to the effect that any ambiguities are to be resolved against the
drafting party shall not be employed in the interpretation of this Agreement or Exhibits A, B, and C.
22. A,MFNDMF.NTS/ MODIFICATIONS/ EXTENSIONS.
No amendment, modification, or extension of this Agreement shall be binding upon a party hereto
unless set forth in a written instrument, which is executed by an authorized representative of each party.
23. E,NTIRFTV OF AGREEMENT.
This Agreement, including Exhibits A, B and C, contains the entire understanding and agreement
between City and Vendor, their assigns and successors in interest, as to the matters contained herein. Any
prior or contemporaneous oral or written agreement is hereby declared null and void to the extent in conflict
with any provision of this Agreement.
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24. COUNTERPARTS.
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.
25. WARRANTY OF SERVICES.
Vendor warrants that its services will be of a high quality and conform to generally prevailing
industry standards. City must give written notice of any breach of this warranty within thirty (30) days from
the date that the services are completed. In such event, at Vendor's option, Vendor shall either (a) use
commercially reasonable efforts to re -perform the services in a manner that conforms with the warranty, or
(b) refund the fees paid by City to Vendor for the nonconforming services.
26. IMMIGRATION NATIONALITY ACT.
Vendor 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, Vendor shall provide City with copies of all I-9 forms and supporting eligibility
documentation for each employee who performs work under this Agreement. Vendor shall adhere to all
Federal and State laws as well as establish appropriate procedures and controls so that no services will be
performed by any Vendor employee who is not legally eligible to perform such services. VENDOR
SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES,
LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY VENDOR,
VENDOR'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. City, upon written
notice to Vendor, shall have the right to immediately terminate this Agreement for violations of this
provision by Vendor.
27. OWNERSHIP OF WORK PRODUCT.
City shall be the sole and exclusive owner of all reports, work papers, procedures, guides, and
documentation, created, published, displayed, and/or produced in conjunction with the services provided
under this Agreement (collectively, "Work Product"). Further, City shall be the sole and exclusive owner
of all copyright, patent, trademark, trade secret and other proprietary rights in and to the Work Product.
Ownership of the Work Product shall inure to the benefit of City from the date of conception, creation or
fixation of the Work Product in a tangible medium of expression (whichever occurs first). Each
copyrightable aspect of the Work Product shall be considered a "work -made -for -hire" within the meaning
of the Copyright Act of 1976, as amended. If and to the extent such Work Product, or any part thereof, is
not considered a "work -made -for -hire" within the meaning of the Copyright Act of 1976, as amended,
Vendor hereby expressly assigns to City all exclusive right, title and interest in and to the Work Product,
and all copies thereof, and in and to the copyright, patent, trademark, trade secret, and all other proprietary
rights therein, that City may have or obtain, without further consideration, free from any claim, lien for
balance due, or rights of retention thereto on the part of City.
28. SIGNATURE AUTHORITY.
The person signing this Agreement hereby warrants that he/she has the legal authority to execute
this Agreement on behalf of the respective party, and that such binding authority has been granted by proper
order, resolution, ordinance or other authorization of the entity. This Agreement and any amendment hereto,
may be executed by any authorized representative of Vendor whose name, title and signature is affixed on
Vendor Services Agreement between the City of Fort Worth and Graphics MFG Page 9 of 20
the Verification of Signature Authority Form, which is attached hereto as Exhibit "C". Each party is fully
entitled to rely on these warranties and representations in entering into this Agreement or any amendment
hereto.
29. CHANGE IN COMPANY NAME OR OWNERSHIP
Vendor shall notify City's Purchasing Manager, in writing, of a company name, ownership, or
address change for the purpose of maintaining updated City records. The president of Vendor or authorized
official must sign the letter. A letter indicating changes in a company name or ownership must be
accompanied with supporting legal documentation such as an updated W-9, documents filed with the state
indicating such change, copy of the board of director's resolution approving the action, or an executed
merger or acquisition agreement. Failure to provide the specified documentation so may adversely impact
future invoice payments.
30. ISRAEL
If Vendor is a company with ten (10) or more full-time employees and if this Agreement is for
$100,000 or more, Vendor acknowledges that in accordance with Chapter 2270 of the Texas Government
Code, the 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. If applicable
under this Agreement and Vendor is considered a "company," by signing this Agreement, Vendor certifies
that Vendor's signature provides written verification to the City that Vendor: (1) does not boycott Israel,
and (2) will not boycott Israel during the term of the Agreement.
31. E,NFRGY COMPANIES
If Vendor is a company with ten (10) or more full-time employees and if this Agreement is for $100,000 or
more, Vendor acknowledges that in accordance with Chapter 2274 of the Texas Government Code, as added
by Acts 2021, 87th Leg., R.S., S.B. 13, § 2, the City is 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 meaning
ascribed to those terms by Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg.,
R.S., S.B. 13, § 2. To the extent that Chapter 2274 of the Government Code is applicable to this
Agreement, by signing this Agreement, Vendor certifies that Vendor's signature provides written
verification to the City that Vendor: (1) does not boycott energy companies; and (2) will not boycott
energy companies during the term of this Agreement.
32. FIREARMS AND AMMUNITIONS INDUSTRIES,
If Vendor is a company with ten (10) or more full-time employees and if this Agreement is for $100,000 or
more, Vendor acknowledges that in accordance with Chapter 2274 of the Texas Government Code, as added
by Acts 2021, 87th Leg., R.S., S.B. 19, § 1, 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"
Vendor Services Agreement between the City of Fort Worth and Graphics MFG Page 10 of 20
and "firearm trade association" have the meaning ascribed to those terms by Chapter 2274 of the Texas
Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1. To the extent that Chapter 2274
of the Government Code is applicable to this Agreement, by signing this Agreement, Vendor certifies
that Vendor's signature provides written verification to the City that Vendor: (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.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiples this
day of .2025.
(signature page follows)
Vendor Services Agreement between the City of Fort Worth and Graphics MFG Page 11 of 20
ACCEPTED AND AGREED:
CITY OF FORT W,O�RTH:
CONTRACT COMPLIANCE MANAGER:
By: Daha �� �d
CDT)
By signing I acknowledge that I am the
Name: Dana Burghdoff
person responsible for the monitoring and
Title: Assistant City Manager
administration of this contract, including
Date: 08/25/2025
ensuring all performance and reporting
requirements.
APPROVAL RECOMMENDED:
Name: Jennifer Co
B —..XL
\ Title: Public ollection Manager
y Midori'lark (Aue22. 202516:33:54CDT)
Name: Midori Clark
Arts Fort Worth
Title: Public Library Director
�nr�dadA
APPROVED AS TO FORM AND LEGALITY:
hz � 0
0&
ATTEST:
BY
By: a°IlIl�'o"g4p
Name: Trey Qualls
Name: Jannette Goodall
Title: Assistant City Attorney
Title: City Secretary
CONTRACT AUTHORIZATION:
M&C: N/A
VENDOR:
By:
Name: Adam (a
Title: Owner
Date:
7/30/2025
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Vendor Services Agreement between the City of Fort Worth and Graphics MFG Page 12 of 20
EXHIBIT A
REQUEST FOR QUOTES FOR PUBLIC ART
PLAQUE PRODUCTION AND INSTALLATION
1.0 BACKGROUND
1.1 Fort Worth Public Art (FWPA), a City of Fort Worth (City) program managed by Arts
Fort Worth (Contract Manager), requests quotations to provide fabrication and
installation of stainless steel, interpretive plaques for various public artworks owned by
the City of Fort Worth on an as needed basis.
1.2 The City of Fort Worth owns a collection of artworks publicly displayed throughout the
city. All plaques are in proximity to artworks on or in publicly accessible, City -owned
properties. Most are outdoors. Plaques will be installed in locations throughout the
City.
2.0 PROPOSER REQUIREMENTS IN ORDER TO BE EVALUATED- The proposer shall:
2.1 Have a minimum of two (2) years of experience providing products similar or related to
the Scope of Services/Specifications.
2.2 Have and operate a full-time, permanent business address with the ability to be reached
by email and telephone from 8:00 am — 5:00 pm, Monday- Friday.
3.0 FABRICATIONS RESPONSIBILITIES
3.1 The Contractor will produce, or have produced, plaque(s) after the city approves a
layout proof, in a timely fashion no longer than six (6) weeks from approval
notification. All content will be provided in a PDF format to the selected Contractor by
the Contract Manager.
3.2 All plaque coatings and finishes must be durable in outdoor, uncovered, and
unprotected conditions.
3.3 Quote should provide plaque fabrication, and all anticipated materials/supplies and any
costs related to fabrication.
3.4 The Contractor will produce, or have produced, on an as -requested basis, including
individually:
3.4.1 Up to thirty (30) plaques the first year and approximately fifteen (15) plaques each year
after the first year, based on the following specifications and in accordance with
"Attachment A, Plaque Example", which is attached hereto and incorporated herein for
all purposes:
3.4.1.1 Etched Satin Stainless Steel
9" W X 6" H x 1/8" *No borders Recessed copy per supplied art
Welded Blind Stud Mount
Vendor Services Agreement between the City of Fort Worth and Graphics MFG Page 13 of 20
3.4.2 Up to three (3) plaques based on the plaque specifications above and in specifications
in accordance with "Attachment B, Plaque and Pole Mount Example", which is
attached hereto and incorporated herein for all purposes.
3.4.3 Up to three (3) plaques with raised "pillow" mount based on the plaque specifications
above and in specifications in accordance with "Attachment C, Plaque and Pillow
Mount Example", which is attached hereto and incorporated herein for all purposes.
3.4.4 Any changes to the production will be mutually agreed upon by the Contractor and the
Contract Manager prior to installation.
4.0 INSTALLATION RESPONSIBILITIES
4.1 The Contractor shall coordinate with the Contract Manager to install the plaque(s) on
dates and times mutually agreed upon by the Contractor and the Contract Manager and
to understand the specific installation location at the site.
4.2 Installation shall use techniques and methods to dissuade vandalism. Plaques shall
include a blind, or hidden stud mount. The Contractor shall install the plaques by
drilling holes into the site materials and using epoxy or another approved product
application to secure the plaque to the location site.
4.3 Any changes to the installation method will be mutually agreed upon by the Contractor
and the Contract Manager prior to installation.
5.0 QUOTATION REQUIREMENTS
5.1 Quotations shall provide unit prices for:
5.1.1 Plaque fabrication including all administration and layout fees, and,
5.1.2 All labor and materials associated with installation.
6.0 CONTRACTOR QUALIFICATIONS
6.1 The selected Contractor shall have the organizational capacity to provide required services
and shall provide all necessary labor, materials, equipment, and supplies to install plaques.
7.0 SITE VISIT
7.1 Prospective bidders may see the example plaque located in the Fort Worth Convention
Center, Houston Street lobby, at 1200 Houston Street, Fort Worth, Texas 76102. Plaques are
installed near the hanging sculpture on the first and second floors.
Vendor Services Agreement between the City of Fort Worth and Graphics MFG Page 14 of 20
ATTACHMENT A — PLAQUE EXAMPLE
Vernon Fisher (born 1943)
Early Texas/Modern Texas, 2005
Diptych, Mixed Media on Hardboard
Modern Texas, portraying Fort Worth in the early -twentieth century,
focuses on urban life. As in Early Texas,the central vignette depicts an
expansive sky, but here the artist features the city's prominent
skyline and broadened Trinity River. The distant viewpoint implies
the future with the potential for growth and prospect for change.
109� K'OR*N PUBIC APl
To learn more visit wwwJwpublica
Vendor Services Agreement between the City of Fort Worth and Graphics MFG Page 15 of 20
ATTACHMENT B - PLAQUE AND POLE MOUNT EXAMPLE
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ATTACHMENT C - PLAQUE AND RAISED "PILLOW" MOUNT EXAMPLE
rya ,$a rrrg ���'4 5.��`r• �6'{�L,�,�Q�
Vendor Services Agreement between the City of Fort Worth and Graphics MFG Page 17 of 20
EXHIBIT B
VENDOR'S RATE AND FEE SCHEDULE FOR PLAQUE PRODUCTION
#1-1 6"x9" Stainless Steel Plaque,
Hidden Stud Mount
#2 6"x9" Stainless Steel Plaque,
Pole Mount
#1- 6"x9" Stainless Steel Plaque,
3
Raised Concrete Pillow Mount
EA 30 $ 375.00
EA 3 $ 350.00
EA 5 $ 1,100.00
Vendor Services Agreement between the City of Fort Worth and Graphics MFG Page 18 of 20
EXHIBIT C
VENDOR'S RATE AND FEE SCHEDULE FOR PLAQUE INSTALLATION
See table above
Vendor Services Agreement between the City of Fort Worth and Graphics MFG Page 19 of 20
EXHIBIT D
TEXAS SALES TAX AND LOCAL SALES TAX EXEMPTION CERTIFICATE
Texas Sales and Use Tax Exemption Certification
This eerliTicate does not nequfm a number to rre vaFrd-
ftI ofpLffch rTdm oraCengr
City of Ftrrt Worth, Texas
Adckms iSoeef d nmrb�, Po. So wRuaL-mnee _,oGl-wd mmw,,
190 Fart Worth Tral 817-392-8500
opy.Stm aPcotle
Fort Worth, Texas 76102
I, the purchaser named above, claim art exemption fnyn payment of sales and use taxes (for the purchase of mxabte
items described below anon the attached order or inv ice}from:
e�er_ iW Vendoas
Street addms5: i Ay. State- ZJ P code:
Oeswphon of byns tQ be gfschas ar on the attached order o< rivurDF
Purchaser dainas this exemption far the fdbMng masan_
I Underst3W Boa I W11 be Iiahle'orpaymenk oFall sate anj�, lode s3de5 cr use taxes whicA may beeD o due for�ailure to oDm..plywith
the pmv'.i s of the Tax Cade andlar all applicable lair.
I unilerssuid dhatffis a cnirwLatoffensefo g ve an exernpiron cerL&ate tD Yie x&w fortaxahle derns UkV I ksaw. sMpe Ilene afpuna'rase,
Killbe userlm a manneraffherdhan that eWessed m dlrrs zL*Ld GWe, and depending on Lhe amours Max evaded, the Dffewe mayrange
from a Gloss C nimdemearh3r in a Felony of flee semnd degree.
ftrch r lire Cat•
9rQn
Here Chief Financial Officer03J13f21}24
NOTE This certrkaoe cannot be issued for fie pwchase. leaser ar renmi of a molar vehicle.
TWSt:ERFFICATEDOES NUTR QUIREAAUMBERTQBEVALIa.
Sales and U e Tax "Exemption blur -ors' or -Fax Exempt' Numbers den not exisE
This cergHmie should be tarnished to the supplier. Do nat send the crnnwkled cydoate to the C er of Publik Aeoounts.
Vendor Services Agreement between the City of Fort Worth and Graphics MFG Page 20 of 20