HomeMy WebLinkAboutContract 64146Off the Line Modifications
Memorandum of Understanding Page 1 of 3
MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF FORT WORTH AND ERIC MCGEHEARTY
IN REFERENCE TO A PUBLIC ARTWORK TITLED OFF THE LINE
This Memorandum of Understanding (MOU) is between the City of Fort Worth (City) and
Eric McGehearty (Artist). The City has designated Arts Fort Worth to manage this Agreement on
its behalf (Contract Manager).
WITNESSETH:
WHEREAS, the City, owns an artwork titled Off the Line (Artwork) which was designed and
installed by Artist in 2019 and embedded into the sidewalk located at approximately 2808 Race
Street, 76111;
WHEREAS, the Artwork includes an interactive lighting feature bordering a tile mural and
two columns with steering wheels intended to control the lighting feature;
WHEREAS, the lighting feature is not in working order and Arts Fort Worth has been unable
to identify funding for repairs;
WHEREAS, project stakeholders have requested the lighting to be removed, and City
wishes to make modifications to the Artwork and seeks the Artist’s support;
NOW, THEREFORE, in consideration of the above recitals and the premises and
agreements, covenants, and promises herein set forth, it is agreed as follows:
Section 1. OBLIGATIONS OF THE CITY OF FORT WORTH
A. City, at its own expense, agrees to remove the lighting components from the
stainless-steel channel and replace the clear Lexan with an appropriately opaque material.
B. City, at its own expense, agrees to remove the steering columns from the
installation and make repairs to the sidewalk in a manner that complements the artwork.
C. City, at its own expense, agrees to restore damaged tile sections to the best of its
ability in keeping with the original intent of the tile mural.
D. City agrees to modify information about the artwork to reflect the modifications
above.
Section 2. OBLIGATIONS OF THE ARTIST
Artist agrees to permit modifications and repairs to the Artwork by the City as described
above.
Section 3. TERM OF MEMORANDUM
This MOU shall continue in force and effect in perpetuity.
Off the Line Modifications
Memorandum of Understanding Page 2 of 3
ACCEPTED AND AGREED:
City of Fort Worth Artist
___________________________________ ___________________________________
By: Dana Burghdoff By: Eric McGehearty
Assistant City Manager
Date: Date:
DEPARTMENTAL APPROVAL:
By: ________________________
Midori Clark
Director, Fort Worth Public Library
CONTRACT COMPLIANCE MANAGER:
By signing, I acknowledge that I am the person responsible for the
monitoring and administration of this contract, including ensuring
all performance and reporting requirements.
By: ________________________
Jennifer Conn, Public Art Collection Manager
Arts Fort Worth
APPROVED AS TO FORM AND LEGALITY:
By: ________________________
Trey Qualls
Assistant City Attorney
ATTEST:
By: ________________________
Jannette Goodall, City Secretary
No M&C Required
Off the Line Modifications
Memorandum of Understanding Page 3 of 3
EXHIBIT A: OFF THE LINE – PROPSED MODIFICATION
Replace clear Lexan with opaque material, remove steering columns and cover with plaque.
All materials are not fixed permanently, and artwork may be restored at a later date.