Loading...
HomeMy WebLinkAboutContract 45868IP[OZ 6 T 9flV ThAl333N CITY ea�r DESIGN CONSULTATION AGREEMENT BETWEEN THE CITY OF FORT WORTH AND ELISEO GARCIA This Agreement is entered into this fOday of AO c iA * , 2014, byand between the City y of Fort Worth, a home -rule municipal corporation of the State of Texas, acting by and through Fernando 4 Costa, its duly authorized Assistant City Manager, and Eliseo Garcia, located at 346/ Bevann Drive, Dallas, Texas 75234. City has designated the Arts Council of Fort Worth and Tarrant County, Inc., to manage this Agreement on its behalf. The Contract Manager shall act through its designated Public Art 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, in 2009, the Artist was commissioned by the City of Fort Worth to design and fabricate a three-dimensional, freestanding, carved limestone sculpture (City Secretary Contract Number 39361) and in 2010 installed the Artwork in Overton Park, a city -owned park operated and maintained by the City of Fort Worth, located at 3550 Overton Park Drive E; WHEREAS, the Fort Worth Art Commission (FWAC) has recommended funds from the Public Art Fund of the Specially Funded Capital Projects Fund to develop and implement a site design to improve connectivity between the artwork and the site and increase public engagement, which was included in the Fiscal Year 2014 Annual Work Plan and Budget adopted by the Fort Worth City Council on November 12, 2013 as (M&C C-26557) as part of the City's agreement with the Contract Manager for administration of the public art program; WHEREAS, the Artist is willing to provide design consultation services to develop design recommendations to provide for improved connectivity between the artwork and the Site; WHEREAS, City now desires to contract with Artist to provide design consultation services to develop design recommendations, and the City may hire the Artist or another entity to fabricate the Work or for implementation at the Site; WHEREAS, City and Artist wish to set out the terms and conditions under which said design consultation services to develop design recommendations shall be completed to promote the integrity of Artist's ideas and statements as represented by the original Artwork. NOW, THEREFORE, City and Artist for and in consideration of the covenants and agreements hereinafter set forth, the sufficiency of which is hereby acknowledged, agree as follows: Design Consultation Agreement Between the City of Fort Worth and Eliseo Garcia Execution Copy 7/23/14 Page 1 of 15 ARTICLE 1 DEFINITIONS As used in this Agreement,the following terms shall have the meanings as set forth below: 1.1. Agreement—Means and includes this Agreement between the City of Fort Worth and Artist for design consultation services. 1.2. Artist—Means and includes Eliseo Garcia. 1.3. Artwork— Means and includes Nature's Essence, a three-dimensional, freestanding, carved limestone sculpture, more particularly described on Exhibit "A," The Artwork, attached hereto and incorporated herein by reference for all purposes. 1.4. Contract Manager—Means and includes the Arts Council of Fort Worth and Tarrant County, Inc.,and its officers,directors,and employees. 1.5. City—Means and includes the City of Fort Worth,Texas. 1.6. Effective Date — Means and includes the date represented in the first paragraph of this Agreement,which shall be the official date of execution of this Agreement. 1.7.Parties—Means and includes City and Artist. 1.8. Project—Means and includes the provision of design consultation services to develop design recommendations to provide for improved connectivity between the Artwork and the Site for which Artist's services are to be provided pursuant to this Agreement. 1.9. Project Stakeholders — Means and includes the appropriate City Council Member(s), and their appointed community representatives, including Friends of Overton and Foster Park Association, and the FWAC's appointed representative and others as may be appropriate. 1.10. Site — Means and includes the area surrounding the Artwork in Overton Park located at 3550 Overton Park Drive E, more particularly described in Exhibit "B," Site, attached hereto and incorporated herein by reference for all purposes. 1.11. Site Design—Means and includes the finished design plan including designs, drawings, and recommendation of the Artist pertaining to the site in proximity and relation to the Artwork. 1.12. Work— Means implementation of the Site Design based on the Artist's recommendations that are the subject of this Agreement or any intermediary stage of completion of such work based on the Site Design that will be installed at Site. Design Consultation Agreement Between the City of Fort Worth and Eliseo Garcia Page 2 of 15 Execution Copy 7/23/14 ARTICLE 2 CONSULTATION 2.1. Scope of Services and Site Design Review. a. Within six (6) weeks after the Effective Date, Artist shall meet with the City's Landscape Architect to develop ideas,methods, and plans to improve connectivity between the Artwork and the Site to encourage better public engagement. To achieve this, Artist shall, at the very least, meet with the City's Landscape Architect at least ten (10) hours for the purpose of developing ideas,methods, and plans to improve connectivity between the Artwork and the Site to encourage better public engagement. Contract Manager may attend such meetings. b. Artist understands and acknowledges that City's Landscape Architect will use Artist's design consultation services and recommendations to create a Site Design. C. Artist, upon request of Contract Manager, shall consult with City and the Contract Manager's Public Art Collection Manager to ensure the integrity of Site Design in relation to the Artwork. d. Artist, upon request of Contract Manager, shall attend and observe meetings with appropriate City staff for purposes of risk assessment,safety review,and siting of Work. e. Artist,upon request of Contract Manager, shall coordinate with the City's Landscape Architect to co-present the City's Landscape Architect's Site Design to project stakeholders for input and the FWAC for review and approval. f. City shall notify City's Landscape Architect and Artist of its approval, or disapproval, of the Site Design within thirty(30)business days of the presentation to the FWAC. g. If City requires any revisions to the Site Design, the City shall inform City's Landscape Architect of each revision. City may require Artist to coordinate revisions to the Site Design with the City's Landscape Architect as City deems necessary in its sole discretion and/or for the Site Design to comply with applicable statutes, ordinances, or regulations of any governmental regulatory agency having jurisdiction over the Site for reasons of safety and security. h. City's Landscape Architect and Artist shall have thirty (30) calendar days from the date City informed City's Landscape Architect and Artist of the revision(s) to present the revised Site Design in conformance with City's requirements. i. If City disapproves of the resubmitted Site Design, any further Site Design resubmissions will be by mutual agreement of the Parties and subject to the procedures and terms in this Article. If the Parties desire not to continue with the resubmission process, then this Agreement will automatically terminate, with payment to the Artist per the payment schedule in Article 3 up through the date of termination. Design Consultation Agreement Between the City of Fort Worth and Eliseo Garcia Page 3 of 15 Execution Copy 7/23/14 j. Upon City approval of the Site Design, any revisions made to a City-approved Site Design shall become part of the Site Design. Artist shall assist the City's Landscape Architect in incorporating any City-approved revisions into the Site Design in conformance with City's requirements. City's Landscape Architect and Artist shall provide the Site Design presentation materials to the Contract Manager to become part of the City's Public Art archive. These documents, models, and/or drawings will be retained for archival and exhibition purposes. k. Upon the expiration of the Term (hereinafter defined) of this Agreement, if the Site Design is accepted by City and funding is appropriated by the Fort Worth City Council, negotiations for fabrication,delivery, and installation of the Site Design shall commence. 1. Artist shall perform all design consultation services and shall furnish all supplies, materials, and equipment as necessary for carrying out the Services stated herein. Design consultation services shall be performed in a professional manner and in strict compliance with all terms and conditions in this Agreement. h. For the duration of the Agreement, if Artist intends to seek his own publicity relating to this agreement, such efforts and/or press releases must be approved, in advance,by Contract Manager and City. ARTICLE 3 COMPENSATION FOR DESIGN CONSULTATION SERVICES 3.1. Compensation. a. Within thirty (30) calendar days following the approval of the Site Design by the FWAC, City shall pay Artist an hourly rate of $100.00 per hour for an estimated fifteen (15) hours of design consultation services. The total amount paid to Artist shall not exceed ONE THOUSAND FIVE HUNDRED DOLLARS AND NO CENTS ($1,500.00) regardless of the hours actually worked. Compensation under this section is full consideration for design consultation services under this Agreement. 3.2 Sales Taxes. City is a tax-exempt organization and no state or local sales taxes or federal excise taxes shall be due upon the Project. City shall supply Artist with the "Texas Sales and Use Tax Exemption Certificate," attached hereto and incorporated herein by reference for all purposes as Exhibit "C," for use by Artist in the fulfillment of this Agreement. Design Consultation Agreement Between the City of Fort Worth and Eliseo Garcia Page 4 of 15 Execution Copy 7/23/14 3.3. Artist's Expenses. Artist shall be responsible for the payments of all expenses incurred during the performance of this Agreement, including, but not limited to, services, materials, mailing/shipping charges and insurance on submissions to City and/or Contract Manager, cost of all travel, and costs for Artist's agents, consultants, and/or employees necessary for the proper performance of the services required under this Agreement. ARTICLE 4 TERM AND TERMINATION 4.1. Term. This Agreement shall be in effect from the Effective Date, and,unless terminated earlier pursuant to such provisions in this Agreement,shall extend until final payment to Artist by City. 4.2. Gratuities. City may cancel this Agreement if it is found that gratuities in the form of entertainment, gifts, or otherwise were offered or given by Artist or any agent or representative to any City or Contract Manager official or employee with a view toward securing favorable treatment with respect to the awarding, amending,or making of any determinations with respect to this performance of this Agreement. 4.3. Termination for Convenience. The services to be performed under this Agreement may be terminated by either party, subject to written notice submitted thirty (30) calendar days before termination. At the City's sole discretion, City may pay Artist for services actually rendered up to the effective date of termination, and Artist shall continue to provide City with services requested by City and in accordance with this Agreement up to the effective date of termination. 4.4. Termination for Cause. If either party to this Agreement shall fail to fulfill their obligations in accordance with the terms of this Agreement, or otherwise violate any of the covenants, agreements, or stipulations material to this Agreement, then the Parties shall first attempt to resolve any disputes arising from this Article in accordance with the dispute resolution process set forth in Article 9 of this Agreement. If the Parties cannot resolve the dispute(s), then the disputing party shall thereupon have the right to terminate this Agreement upon the delivery of a written"Notice of Termination"specifying the grounds for termination. Termination of this Agreement under this Article shall not relieve the party in default of any liability for damages resulting from a breach or a violation of the terms of this Agreement. ARTICLE 5 WARRANTY OF SERVICE Artist warrants that his services will be of a professional quality and conform to generally prevailing Design Consultation Agreement Between the City of Fort Worth and Eliseo Garcia Page 5 of 15 Execution Copy 7/23/14 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 Artist's option, Artist 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 the City to Artist for the nonconforming services. ARTICLE 6 INDEMNITY AND RELEASE 6.1. Indemnity. a General Indemnity. i. ARTIST COVENANTS AND AGREES TO AND DOES HEREBY INDEMNIFY, HOLD HARMLESS, AND DEFEND, AT ITS OWN EXPENSE, CITY FROM AND AGAINST ANY AND ALL CLAIMS, LAWSUITS, JUDGMENTS, ACTIONS, CAUSES OF ACTION, LIENS, LOSSES, EXPENSES, COSTS, FEES (INCLUDING, BUT NOT LIMITED TO, ATTORNEY'S FEES AND COSTS OF DEFENSE), PROCEEDINGS, DEMANDS, DAMAGES, LIABILITIES, AND/OR SUITS OF ANY KIND OR NATURE, INCLUDING, BUT NOT LIMITED TO, THOSE FOR PROPERTY LOSS (INCLUDING, BUT NOT LIMITED TO, WORKERS' COMPENSATION ACT LIABILITY, LOST PROFITS, AND PROPERTY DAMAGE) AND/OR PERSONAL INJURY (INCLUDING, BUT NOT LIMITED TO, DEATH) TO ANY AND ALL PERSONS, OR OTHER HARM FOR WHICH RECOVERY OF DAMAGES IS SOUGHT, OF WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR RESULTING FROM ANY ACTS, ERRORS, OR OMMISSIONS OF ARTIST AND/OR ARTIST'S OFFICERS, AGENTS, EMPLOYEES,DIRECTORS,MEMBERS,PARTNERS,AND REPRESENTATIVES IN CONNECTION WITH THE EXECUTION, PERFORMANCE, ATTEMPTED PERFORMANCE,OR NONPERFORMANCE OF THIS AGREEMENT. ii. Artist agrees to and shall release City of and from any and all claims, demands, debts, liens, costs, defects, expenses, actions, and causes of action of whatsoever kind or character arising out of, related to, or resulting from this Agreement and/or Artist's performance under this Agreement, including, but not limited to, any and all claims for property damage, property loss,injury,including,but not limited, to death,and/or intellectual property. b Intellectual Property. Artist agrees to assume full responsibility for complying with all State and Federal Copyright Laws and any other regulations, including, but not limited to, the assumption of any and all Design Consultation Agreement Between the City of Fort Worth and Eliseo Garcia Page 6 of 15 Execution Copy 7/23/14 responsibilities for paying royalties that are due for the use of other third-party copyrighted works by Artist. City expressly assumes no obligations, implied or otherwise, regarding payment or collection of any such fees or financial obligations. City specifically does not authorize, permit, or condone the reproduction or use of copyrighted materials by Artist without the appropriate licenses or permission being secured by Artist in advance. IT IS FURTHER AGREED THAT ARTIST SHALL RELEASE, DEFEND, INDEMNIFY, AND HOLD HARMLESS CITY FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES, ACTIONS, OR EXPENSES OF EVERY TYPE AND DESCRIPTION,INCLUDING,BUT NOT LIMITED TO,ATTORNEY'S FEES,TO WHICH THEY MAY BE SUBJECTED ARISING OUT OF CITY'S USE OR POSSESSION OF THE SITE DESIGN BY REASON OF AN ALLEGED OR ACTUAL COPYRIGHT VIOLATION OR OTHER LACK OF OWNERSHIP, AUTHORSHIP, OR ORIGINALITY. City expressly assumes no obligation to review or obtain appropriate licensing and all such licensing shall be the exclusive obligation of Artist. ARTICLE 7 OWNERSHIP AND INTELLECTUAL PROPERTY RIGHTS 7.1. Title to the Site Design and Copyright Ownership Artist agrees that all rights, title, and interest to the Site Design,belongs to the City. The Site Design and any drafts are considered property of the City, without restrictions on future use. Artist agrees that City shall be the sole owner of any copyright ownership to Site Design or any drafts thereof under the Copyright Act of 1976, 17 U.S.C. Section 101 et seq., as the sole author of the Artwork for the duration of the copyright. Artist expressly waives any interest in the Site Design. Artist acknowledges that he will be prohibited from using the Site Design for any marketing or promotional purposes without the written consent of the City. ARTICLE 8 ARTIST AS INDEPENDENT CONTRACTOR Artist shall perform all work and services hereunder as an independent contractor, and not as an officer, agent, servant or employee of City. Artist shall have exclusive control of, and the exclusive right to control the details of the work performed hereunder, and all persons performing same, and shall be solely responsible for the acts and omissions of his/her officers, agents, and employees. Nothing herein shall be construed as creating a partnership or joint venture between City and Artist, his/her officers, agents, and employees, and doctrine of respondeat superior has no application as between City and Artist. Design Consultation Agreement Between the City of Fort Worth and Eliseo Garcia Page 7 of 15 Execution Copy 7/23/14 ARTICLE 9 DISPUTE RESOLUTION 9.1. If either Artist or City has a claim,dispute,or other matter in question for breach of duty,obligations, services rendered or any warranty that arises under this Agreement, the Parties shall first attempt to resolve these issues through this dispute resolution process. The disputing party shall notify the other party in writing as soon as practicable after discovering the claim, dispute,or breach. The notice shall state the nature of the dispute and list the party's specific reasons for such dispute. Within ten(10) business days of receipt of the notice, both parties shall make a good faith effort, either through email, mail, phone conference, in person meetings, or other reasonable means to resolve any claim, dispute, breach, or other matter in question that may arise out of or in connection with this Agreement. 9.2. If the Parties fail to resolve the dispute within sixty (60) calendar days of the date of receipt of the notice of the dispute,then the Parties shall submit the matter to mediation in accordance with Chapter 154 of the Texas Civil Practice and Remedies Code and Chapter 2009 of the Texas Government Code, then in effect. Request for mediation shall be in writing,and shall request that the mediation commence not less than fifteen(15) or more than forty-five(45)calendar days following the date of request,except upon Agreement of the Parties. In the event City and Artists are unable to agree to a date for the mediation or to the identity of a mutually agreed mediator within thirty (30) calendar days following the date of the request for mediation, then all the conditions precedent in this article shall be deemed to have occurred. The Parties shall share the mediator's fee and any filing fees equally. Venue for any mediation or lawsuit arising under this Agreement shall be in Tarrant County,Texas. Any agreement reached in mediation shall be enforceable as a settlement agreement in any court having jurisdiction. No provision of this agreement shall waive any immunity or defense. No provision of this Agreement constitutes consent to sue. If the Parties cannot resolve the dispute through mediation, then either party shall have the right to exercise any and all remedies available under law regarding the dispute. ARTiCI.E 10 EQUAL OPPORi T iNITY 10.1. Artist shall not engage in any unlawful discrimination baaed on race, creed, color,national origin, sex, age, religion, disability, marital status, citizenship status, sexual orientation or any other prohibited criteria in any employment decisions relating to this Agreement, and Artist represents and warrants that to the extent required by applicable laws, it is an equal opportunity employer and shall comply with all applicable laws and regulations in any employment decisions. 10.2. In the event of Artist noncompliance with the nondiscrimination clauses of this Agreement, this Agreement may be canceled, terminated, or suspended in whole or in part, and Artist may be debarred from further agreements with City. Design Consultation Agreement Between the City of Fort Worth and Eliseo Garcia Page 8 of 15 Execution Copy 7/23/14 ARTICLE 11 MISCELLANEOUS 11.1. Compliance. Artist shall comply with all Federal, State and City statutes, ordinances and regulations applicable to the performance of Artist services under this Agreement. 11.2. Entire Agreement This writing embodies the entire agreement and understanding between the Parties hereto, and there are no other agreements and understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. 11.3. Amendments. No alteration, change, modification or amendment of the terms of this Agreement shall be valid or effective unless made in writing and signed by both parties hereto and approved by appropriate action of City. 11.4. Waiver. No waiver of performance by either party shall be construed as or operate as a waiver of any subsequent default of any terms,covenants, and conditions of this Agreement. The payment or acceptance of fees for any period after a default shall not be deemed a waiver of any right or acceptance of defective performance. 11.5. Governiniz Law and Venue. If any action, whether real or asserted, at law or in equity, arises on the basis of any provision of this Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas—Fort Worth Division. This Agreement shall be construed in accordance with the laws of the State of Texas. 11.6. Successors and Assigns Neither party hereto shall assign, sublet or transfer its interest herein without prior written consent of the other party,and any attempted assignment,sublease or transfer of all or any part hereof without such prior written consent shall be void. This Agreement shall be binding upon and shall inure to the benefit of City and Artist and its respective successors and permitted assigns. 11.7. No Third-Party Leneficiaries The provisions and conditions of this Agreement are solely for the benefit of City and Artist, and any lawful successor or assign, and are not intended to create any rights,contractual or otherwise, to any other person or entity. Design Consultation Agreement Between the City of Fort Worth and Eliseo Garcia Page 9 of 15 Execution Copy 7/23/14 118 Severability. If any provision of this Agreement shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. 11.9. Contract Construction. nd, if it so chooses, its counsel hwe reviewed and revised this The Parties acknowledge that each party a Agreement and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party must not be employed in the interpretation of this Agreement or any amendments or exhibits hereto. 11.10. Fiscal Funding Out. term of this Agreement, the Fort Worth City Council fails to If, for any reason, at any time during any lfill its obligations under this Agreement, City may terminate appropriate funds sufficient for City to fu this Agreement to be effective on the later of(i) thirty (30) days following delivery by City to Artist of written notice of City's intention to terminate or(ii) the last date for which funding has been appropriated by the Fort Worth City Council for the purposes set forth in this Agreement. 11.it Captions. Captions and headings used in this Agreement are for reference purposes only and shall not be deemed a part of this Agreement. 11.12. Artist's Address. Artist shall notify the Contract Manager of changes in address. 11.13. Surviving Covenants. The covenants and obligations set forth in this Agreement shall not survive the death or legal incapacity of Artist. 11.14. Right to Audit. Artist agrees that City will have the right to -"»dit the financial and business records of Artist that relate to the provision of design consultation services to deveik;design recommendations to provide for improved connectivity between the artwork and the Site(collectively"Rc cords")at any time during the Term of this Agreement and for three (3) years thereafter in order to determine compliance with this Agreement. Throughout the Term of this Agreement and for three (3) years thereafter, Artist shall make all Records available to City on 1000 Throckrnorton Street, Fort Worth, Texas or at anodic- location in City acceptable to both parties following reasonable advance notice by City and shall otherwise cooperate fully with City during any audit. Design Consultation Agreement Page 10 of 15 Between the City of Fort Worth and Eliseo Garcia Execution Copy 7123/14 11.15. Survival Provision. The provisions contained in Articles 5 (Warranty of Service), 6 (Indemnity and Release), 7 (Ownership and Intellectual Property Rights), 8 (Artist as Independent Contractor), and 11.14 (Right to Audit) shall survive the termination or expiration of this Agreement. 11.16. Counterparts and Electronic Signatures This Agreement may be executed in several counterparts, each of which will be deemed an original, but all of which together will constitute one and the same instrument. A signature received via facsimile or electronically via email shall be as legally binding for all purposes as an original signature. 11.17. Time Extensions and Force Mai eure. The Parties may agree, in writing, to extend or modify any of the time deadlines set forth in this Agreement. City or Artist, as appropriate, shall grant a reasonable extension of time to the other party if conditions beyond the parties' control render timely performance of the parties' services impossible or unexpectedly burdensome. Conditions beyond the parties' control include, but are not limited to, war; civil commotion; acts of God; inclement weather; governmental restrictions, regulations, or interferences; fires; strikes; lockouts; national disasters; riots; civil insurrection; material or labor restrictions; labor strikes; transportation problems; or any other circumstances which are reasonably beyond the control of the party obligated or permitted under the terms of this Agreement to do or perform the same. The party suffering the impossibility or burdensome conditions must inform the other`in writing within ten (10) business days of the onset of such performance delay, specifying the reasons therefore. Failure to fulfill contractual obligations due to conditions beyond either party's reasonable control shall not be considered a breach of this Agreement; provided, however, that such obligations shall be suspended only for the duration of such conditions. 11.18. Prohibition Against Subcontracting_ Artist may not subcontract any of the services to be provided under this Agreement. ARTICLE 12 NOTICES All notices, requests, demands, and other communications which are required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been duly given upon the delivery or receipt thereof, as the case may be, if delivered personally or sent by registered or certified mail,return receipt requested,postage prepaid,as follows: 1. CITY OF FORT WORTH: Assistant City Manager Design Consultation Agreement Between the City of Fort Worth and Eliseo Garcia Page 11 of 15 Execution Copy 7/23/14 Copies to: 2. ARTIST City Manager's Office City of Fort Worth 1000 Throcktnorton Street, Third Floor Fort Worth, Texas 76102 City Attorney Office of the City Attorney City of Fort Worth 1000 Throckmorton Street, Third Floor Fort Worth, Texas 76102 Martha Peters, Vice President, Public Art Arts Council of Fort Worth & Tarrant County 1300 Gendy Street Fort Worth, Texas 76107 Elise • Garcia 346. 1: evann Drive Dallas, Texas 75234 IN WITNESS HEREOF, the Parties hereto have executed this Agreement as of the Effective Date. CITY OF FORT WORTH ELISEO GARCIA by: Fernando Costa Assistant City Manager APPROVED AS TO FORM AND LEGALITY: Jessica S Assistant SV3riQ, ty Attorney ATTESTED BY: Mary'J. Kay City Secretary Contract Authorization: No M&C Required 6 Ca i� �''' 4aseterlasstni. (17 / icy, c.„ • FFICIS RECORD CITY SECRETARY FT. WORTH, TX ._ —um A • oa a-- Ss 1 Design Consultation Agreement Between the City of Fort Worth and Eliseo Garcia Execution Copy 7/23/14 Page 12 of 15 Exhibit A: The Artwork Design Consultation Agreement Between the City of Fort Worth and Eliseo Garcia Execution Copy 7/23/14 Nature's Essence (2010), Eliseo Garcia 1 op-Firikgigt..ii__ bj STlls11c1► JWi," 'OK Page 13 of 15 BI3VA Campa:.r. Fort Worth !rants') f Ove ton Ter race Cr ram. a� r01 tr44"S Systr1/4 t) Morrison Group ' • wells IV Appliance :•' Exhibit B Site o�1 Bellaire Gf. S r� lilevt+ ood Park y Don Lance Insurance • Jinn I -lodges Music ; b Overton Park # Lawrence 8 Associates • Senior Concepts • $ ; Elellalie Or 3 U3 0 1 Warwick Drakerord CPA. CLU,CFP'• Bellaire Dr S Bellaire Dr rl. 1 I4 filutleria s 0 i%%%%.•.. r ■ Metro Land Ser 5. Archie Ilk U c) Overton Park, 3350 Overton Park Drive E. Design Consultation Agreement Between the City of Fort Worth and Eliseo Garcia Execution Copy 7/23/14 Page 14 of 15 Exhibit C �`�Of•319(Daek) �FRJ IRevA•f�$) Texas Sales and Use Tax Exemption Certification This certificate does not require a number to be valid. Nome of purctfaser,rumor agency City of Fort Worth -- Address(Sf roeldnumbor,P.O.Box or Route number) Phone(Area corm ondnumbor) ------- 1000 Throckmorton street 817-392.8325 Qty,Slate.ZIP code Fort Worth,Texas 76102 1,the purchaser named above,claim an exemption from payment of sales and use taxes(for the purchase of taxable Items described below or on the attached order or Invoice)from: Seller: All Vendors Stroot address: _ City,State,ZIP code: Description of items to be purchased or on the attached order or invoice: All Items Purchaser claims this exemption for the following reason: Governmental Municipality I understand that I will be liable for payment of all slate and local sales or use taxes which may become due for failure to comply with the provisions of the Tex Code and/or all applicable law, t understand that it is a criminal o/tense to give on exemption certificate to the seller fortaxable Items that 1 know,at the time of purchase, will bo usod to a manner otherthon that oxprossod in this conificato,and depondingon the amount of fax evaded,the ofienso mayronge from a Class C misdemeanor to a felony of the second degree. Purcnasai..-_ Gale here Assistant Finance Director 2/26/2014 NOTE: This certificate cannot be Issued for the purchase,lease,or rental of a motor vehicle. THIS CERTIFICATE DOES NOT REQUIRE A NUMBER TO BE VALID. Sales and Use Tax"Exemption Numbors"or`Tax Exempt"Numbers do not exist. This certificate should be furnished to the supplier. Do nos send the completed certificate to the Comptroller of Public Accounts. Design Consultation Agreement Between the City of Fort Worth and Eliseo Garcia Page 15 of 15 Execution Copy 7/23/14