HomeMy WebLinkAbout064221 - Construction-Related - Contract - American Installation and Management, LLCCSC No. 64221
VENDOR SERVICES AGREEMENT BETWEEN THE CITY OF FORT WORTH
AND AMERICAN INSTALLATION AND MANAGEMENT LLC
FOR PUBLIC ART PLAQUE AND POLE PRODUCTION AND INSTALLATION
This Vender Services Agreement ("Agreement") is entered into by and between the City of Fort
Worth ("City"), a Texas home rule municipal corporation, acting by and through Dana Burghdoff, its
duly authorizedAssistant City Manager, and American Installation and Management LLC d/b/a
Aim Graphics ("Vendor"), a Texas limited liability company, 1 o cat e d at 1407 Woodbridge Circle, Euless,
TX 76040-6468, acting by and through Gary Springer, its co-owner. 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 -Plaque Example
3.Exhibit B -Plaque and Pole Mount Example
4.Exhibit C-Vendor's Rate and Fee Schedule
5.Exhibit D -Texas Sales Tax and Local Sales Tax Exemption Certificate
6.Exhibit E -Affidavit of Bills Paid
7.Exhibit F -Signature Authority
Exhibits A, B, C, D, E, and F 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, D, E, or F and the terms and conditions set forth in the body of this Agreement, the terms and
conditions of this Agreement shall control.
Vendor Service Agreement between City of Fort Worth and American Installation and Management LLC
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1. SCOPE OF SERVICES.
l.l. Vendor hereby agrees to provide the City with plaque and pole production as described
in E�ibit `B," Plaque and Pole Mount Example, and in Exhibit "C," Vendor's Rate and Fee Schedule for
Plaque and Pole Production and Installation, as outlined in this section.
1.2. 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 Ciry to schedule plaque installation.
1.5. Additional services, supplies, rentals, or deliverables must be approved in writing in
advance ofperformance. 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
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 seroices 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 "E," Affidavit of Bills Paid.
2. TERM
This Agreement shall begin upon execution by the Assistant City Manager ("Effective Date")
and shall expire on September 30, 2026 ("Expiration Date"), unless terminated earlier in accordance with
this Agreement ("Initial Term"). Ciry 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.
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 "C," Vendor's Rate and Fee
Schedule. Total annual payment made under this Agreement by City shall be an amount not to exceed
ONE THOUSAND FIVE HUNDRED SEVENTY FIVE DOLLARS AND NO
Vendor Service Agreement between City of Fort Worth and American Installation and Management LLC
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CENTS ($1,575.00). Vendor shall not perform any additional services or bill for expenses incurred for
City not speciiied 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. TERMINATION.
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-a�ropriation of Funds. In the event no funds or insuf�cient funds are appropriated
by the Fort Worth City Council 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 Obli�ations 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 information or data to City in a
machine readable format or other format deemed acceptable to City.
5. DISCLOSURE OF CONFLICTS AND CONFIDENTIAL INFORMATION.
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 infortnation has been accessed
by unauthorized means and shall fully cooperate with City to protect such Ciry Information from further
unauthorized disclosure.
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
Vendor Service Agreement between City of Fort Worth and American Installation and Management LLC
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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.
►1 ' ►1 ► �► :: �:
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 of�cers, agents, servants, and employees, and Vendor, its officers, agents, employees, servants,
contractors, 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, seroants,
employees, or subcontractors 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 subcontractors.
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, licensees, or invitees under this Agreement. This i n d e m n i f i c a t i o n 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 aIleged 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 aIleged 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.
9. ASSIGNMENT AND SUBCONTRACTING.
9.1 Assi ng ment• 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.
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Vendor shall provide City with a fully executed copy of any such subcontract.
10. INSURANCE.
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
$100,00 Each accident/occurrence
$100,00 Disease - per each employee
$500,00 Bodily Injury/Disease - policy limit
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
Vendor Service Agreement between City of Fort Worth and American Installation and Management LLC
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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 Liabiliry 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 or 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 party or the underwriter on any such policies.
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.).
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.
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, SUBVENDORS, OR SUCCESSORS IN INTEREST, VENDOR
AGREES TO ASSUME SUCH LIABILITY AND TO INDEMNIFY AND DEFEND CITY AND
HOLD CITY HARMLESS FROM SUCH CLAIM.
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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:
To CITY:
Ciry of Fort Worth
Attn: Dana Burghdoff, Assistant City Manager
100 Fort Worth Trail
Fort Worth, TX 76102-6314
Facsimile: (817) 392-8654
To VENDOR:
American Installation and Management LLC
Gary Springer
1407 Woodbridge Circle
Euless, TX 76040
Facsimile:
With copy to Fort Worth City Attorney's Office at
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
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 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 City does not waive or surrender any of its governmental powers
or immunities by execution of this Agreement.
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.
18. SEVERABILITY.
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.
Vendor Service Agreement between City of Fort Worth and American Installation and Management LLC
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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 authoriry, 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 deiine 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, C, D, E, and F.
22. AMENDMENTS/ MODIFICATIONS/ EXTENSIONS.
No amendment, modification, or extension of this Agreement shall be binding upon a party hereto
unless set forth in a written instrument executed by an authorized representative of each party.
23. ENTIRETY OF AGREEMENT.
This Agreement, including Exhibits A, B, C, D, E, and F 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.
24. COLINTERPARTS.
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 seroices will be of a high quality and conform to generally prevailing
industry standards. Ciry 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 seroices in a manner that conforms with the warranry, or
(b) refund the fees paid by City to Vendor for the nonconforming services.
26. IMMIGRATION AND NATIONALITY ACT.
Vendor shall verify the identity and employment eligibility of its employees who perform workunder 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
Vendor Service Agreement between City of Fort Worth and American Installation and Management LLC
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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 CITYAND HOLD CITYHARMLESS FROM ANYPENALTIES,
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 seroices 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 Produc�
Ownership of the Work Product shall inure to the benefit of City from the date of conception, creation, or
iixation 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.
; �C►: : . .�:
The person signing this Agreement hereby warrants that he/she has the legal authoriry 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 aff'ixed on
the Verification of Signature Authority Form, which is attached hereto as Exhibit "F." 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 directors resolution approving the action, or an executed
merger or acquisition agreement. Failure to provide the specified documentation 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 2271 of the Texas Government
Code, the City is prohibited from entering into a contract with a company for goods or services unless the
Vendor Service Agreement between City of Fort Worth and American Installation and Management LLC
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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 Chapter 2271 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 io the City that Vendor: (1) does not boycott Israel; and
(2) will not boycott Israel during the term of the Agreement.
31. ENERGY 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 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 Government Code. To the extent that Chapter 2276 of the Government Code is applicable
to this Agreement, by signing this Agreement, Vendor certi�es that Vendor's signature provides
written veriGcation 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,
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 entiry ar�rearm
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 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.
(signature page follows)
Vendor Service Agreement between City of Fort Worth and American Installation and Management LLC
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ACCEPTED AND AGREED:
CITY OF FORT WORTH:
By: ��,�t��Name:fl1/, 202s 1G;7cori Title: Assistant City Manager
Date:
APPROVAL RECOMMENDED:
By: ,U Name: tvMidod.@h(tkct 28, 2025 16:53:37 CDT)Title: Public Library Director
ATTE
� 1 _, ~ _
By: A �
Name: �odall Title: City Secretary
NDOR: � ... 1._�<t--"
y: -tJ'
Gary :Spnnger Co-Owner
10/27/25
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. -o/1�I Name: Jennifi r C Title: Public ollection Manager Arts Fort Worth
APPROVED AS TO FORM AND LEGALITY:
By: Ta� �«atl-rName: Tyualls Title: Assistant City Attorney
CONTRACT AUTHORIZATION:
M&C: NIA
Vendor Service Agreement between City of Fort Worth and American Installation and Management LLC
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EXHIBIT A
PLAQUE EXAMPLE
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� Vernon Fisher (barn 1943)
i EarlyTexasl Modern Texas, ZCCS
� Diptych, Mixed Media on Hardboard
I
� Modern Texas, portraying Fort Worth in the earfy-t�ventieth century,
fo�uses on urban life. As in FarlyTexas,the centrai vignette depicts an
� expansive sky, but here the artist features t�e city`s promi�ent
�`' skyline and broadened Trinity River. The distant vi�wpoint implies
� the futu�e with t�e potential for groavth and prospect for change.
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To leam mvre visit www.fwpublicartorg
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Vendor Service Agreement between City of Fort Worth and American Installation and Management LLC
Page 12 of 17
EXHIBIT B
PLAQUE AND POLE MOUNT EXAMPLE
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Vendor Service Agreement between City of Fort Worth and American Installation and Management LLC
Page 13 of 17
EXHIBIT C
Bid #�-2
VENDOR'S RATE AND FEE SCHEDULE FOR
PLAQUE AND POLE PRODUCTION AND INSTALLATION
6"x9"
Stainless
Steel
Plaque,
Pole
Mount
Pole not
included
EA
Vendor Service Agreement between City of Fort Worth and American Installation and Management LLC
Page 14 of 17
EXHIBIT D
TEXAS SALES TAX AND LOCAL SALES TAX EXEMPTION CERTIFICATE
�V��-_ �'JI-i_41Ca3.i
. .N.r 1-' y1;.
Texas �ales and U�e Tax Exemption CertEficatian
Thrs eerlii5cate dvea nof requ've a rnunber ta be va&d_
Nre v'pertaxr.n�m «a�enq
Cily of Fart Wwtfi, TeYaS
��tlrte:s iSteeF 3 numbc. P.4. 90.` o•Reutlr wmGn; Phw�r fA,easadr rtl mimon;
i13� Fort Worlh Traa' 8t7�92�500
�q� s�r aPcotle
Fort 4Vackh, Texas 76107
I, the purchaser named above, caarm an exempoon frcvr� paymenl a€ saLes artd use taxes (ior the �u rchase of laxa6le
iterr.s described below or on Stre attac�ed arder ar ioxva�oel from=
Seller. +� Ve��vas
Strer! ad�ess: City. Stah�_ �P
Cre��rnption of berr� bx be p�cha9eU ar on itie auac�ed order c�r naoice=
Pur�er dai�s this exernplion �or tlie fal�w�ing �eaerxi.
I uo�de�s -ka�vc+ �isart I Ynll be liahle �aar payr�fenk af all s� and laca€ s31es ar use trxes whid� may C�aHne due iar Eailure to arm�Sy with
the prouisions of d�e Tax �'�ir andlar all applicahle la�r.
� run.iersiand dlraF�du a srirra�a� affeaselo �+e arr exernp8lon certifieate tvLhe �'erfortaxahreitems �a? � �b�ow, a�lhe tirneofFraafrase,
Kid' be �sedm a rnannerv�lkr+lrart #raf e�ressed an dhrs �ertdFcale, arrd �pern�'ng an Lheam�xrntadiax �a�ied. ihe nlPenae+rre}'+a►ge
frun a C.�as. C mr�devnearax m a fekv� of ihe sen-�r�d �gree.
P� 11e oa�
n���� �'� Chuef Financial Dfficer 03,+13i2Q24
ere � :,, :,,-, _. .
tJOiE Fhis oe*tiF�a6e cannat 6e sscaea ;or dhe �uchase, le�e_ ar ren�! � a rnotor xehioie.
T'Hl.� �ERF�lr`�A FE UQE5 NO7 i7F�{JIRE A Nlh1f B82 FO 8E VAlJQ_
Saies an� k;se Tax'Exern�tion �lumi�s' or'Tax Exempt' Nurnhers Ga nat eaisE
Th� aertiEca[e should 6e fumished ro tl►e supplier. E]a nat s�d ttre � cerCfica� ro Ihe C.�unpoxJler of f�i�5c P,�mnarr�.
Vendor Service Agreement between City of Fort Worth and American Installation and Management LLC
Page 15 of 17
EXHIBIT E
AFFIDAVIT OF BILLS PAID
AFFIDAVIT OF BILLS PAID
Date:
Affiant (Artist):
Property (Artwork Site):
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 materials
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 (as listed in contract):
SUBSCRIBED AND SWORN TO before me, the undersigned authority, on this the
day of , 20
Notary Public, State of
Print Name
Commission Expires
Vendor Service Agreement between City of Fort Worth and American Installation and Management LLC
Page 16 of 17
EXHIBIT F
SIGNATURE AUTHORITY
Execution of this Signature Verification Form ("Form") hereby certifies that the following individuals
and/or positions have the authority to legally bind Vendor and to execute any agreement, amendment or
change order on behalf of Vendor. Such binding authority has been granted by proper order, resolution,
ordinance, or other authorization of Vendor. City is fully entitled to rely on the warranty and representation
set forth in this Form in entering into any agreement or amendment with Vendor. Vendor will submit an
updated Form within ten (10) business days if there are any changes to the signatory authority. City is
entitled to rely on any current executed Farm until it receives a revised Form that has been properly executed
by Vendor.
Name: Gary Springer
pOSlilOri: Owner
�1� , �: �
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1
Signature
Name: Michelle Springer
POSltlOri: Owner
W'�i�,�"`" �",
Signature
Name:
Position:
Signature
Name:
�1���.�-�^.^�-
Signature of President / CEO
Other Title:
Date: 10/27/25
Vendor Service Agreement between City of Fort Worth and American Installation and Management LLC
Page 17 of 17