HomeMy WebLinkAboutC2026-150 - 8/25/2026 - Approved AGREEMENT FOR ACCEPTANCE OF ART BETWEEN THE CITY OF CORPUS
CHRISTI AND FRIENDS OF FARRAH FAWCETT
WHEREAS, the FRIENDS OF FARRAH FAWCETT desires to commission a sculpture
commemorating Farrah Fawcett.
NOW,THEREFORE, the City of Corpus Christi and FRIENDS OF FARRAH FAWCETT, for an
in consideration of the covenants and agreements set out in this Agreement, the sufficiency of
which is hereby acknowledged, agree as follows:
Section 1. Agreement. This Agreement is entered into by and between the City of Corpus Christi,
Texas, a home-rule municipal corporation ("City"), and FRIENDS OF FARRAH FAWCETT.
Section 2. Contract Administrator. The City's contract administrator for this Agreement is the
City's Director of Parks and Recreation("Director").
Section 3. Artwork. FRIENDS OF FARRAH FAWCETT shall commission professionals to
provide professional services designing, constructing, finishing, transporting, and installing
sculptures and related Artwork which commemorates FARRAH FAWCETT, together known
herein as the "Artwork". A representative design of the Artwork, including plans and
specifications, is attached to this Agreement as Exhibit A and incorporated herein by reference.
Section 4. Term of Agreement. The term of this agreement shall be for two years ("Initial Term")
commencing on upon final approval of this Agreement by the Corpus Christi City Council and
execution by the City Manager or his designee ("Effective Date").
Section 5. Compensation. FRIENDS OF FARRAH FAWCETT is responsible for all payments
for the Artwork, including construction, installation, repair, and proper maintenance. The City
has no obligation for the installation and repair of the Artwork.
Section 6. Gift of Artwork. FRIENDS OF FARRAH FAWCETT will gift the Artwork to the City
upon completion and complete installation.
Section 7. Location of Artwork. The exact location for Artwork at the Seawall, determined by the
Director ("Project Premises"), as depicted on the attached Exhibit B, incorporated herein by
reference.
Section 8. Construction of the Artwork. FRIENDS OF FARRAH FAWCETT shall comply with
all applicable City codes regarding construction and installation of the Artwork.
Section 9. Installation of the Artwork. Upon completion of the Artwork, FRIENDS OF FARRAH
FAWCETT shall send notice to the Director at least 45 days prior to the projected date of
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SCANNED
installation. FRIENDS OF FARRAH FAWCETT shall not commence any work until all
insurance is obtained as required by Risk Manager. FRIENDS OF FARRAH FAWCETT shall
provide plans and specifications for installation of the Artwork. FRIENDS OF FARRAH
FAWCETT shall be contractually responsible for all completion costs associated with
construction and installation of the Artwork. FRIENDS OF FARRAH FAWCETT shall be
contractually responsible for the physical installation of the and all completion costs associated
with the installation of the Artwork at the Project Premises.
Section 10. Structure Maintenance. FRIENDS OF FARRAH FAWCETT shall provide a
maintenance bond, in a form approved by the City Attorney, in an amount sufficient to cover six
months of routine maintenance on the Structures, as determined by the approved maintenance
schedule. Such maintenance bond must be provided prior to the installation of the Structures and
renewed annually with the amount updated based on inflation and the approved maintenance
schedule.
Section 11. Taxes. FRIENDS OF FARRAH FAWCETT is solely responsible for the payment of
any and all taxes that may become due to any taxing authority, agency, or entity with respect to
services provided by or with the Artwork that is the subject of this Agreement. This provision
survives the expiration or earlier termination of this Agreement.
Section 12. Insurance. At least 14 days prior to delivery of the Artwork to City property,
FRIENDS OF FARRAH FAWCETT shall notify the City Risk Manager and obtain Insurance as
described In Exhibit B required by the City Director of Risk Manager.
Section 13. Independent Contractor; Lack of Contractual Authority.
A. FRIENDS OF FARRAH FAWCETT shall perform all work and services under
this Agreement as an independent contractor and not as an agent, representative,
or employee of the city.
B. This Agreement does not establish FRIENDS OF FARRAH FAWCETT as the
agent or legal representative of the City for any purpose whatsoever, and is not
granted any express or implied right or authority to assume or create any
obligation or responsibility on behalf of, or in the name of, the City or to bind the
City in any manner whatsoever.
Section 14. Title; Copyright and License to Reproduce.
A. Title to the Artwork will pass to the City upon final written acceptance from the
Director.
B. FRIENDS OF FARRAH FAWCETT shall ensure that the City is granted the right
by the artist(s) for an irrevocable license to graphically reproduce all artwork
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associated with the Artwork through photography or otherwise, including, but not
limited to, the Artwork proposal and all preliminary studies, and to authorize third
parties to graphically reproduce, through photography or otherwise, any and all of
the same as are desired by the City for any purpose deemed appropriate by the
City Manager. The rights granted by this subsection survive the termination of
this Agreement.
Section 15. Identification Label. FRIENDS OF FARRAH FAWCETT shall prepare, at its own
expense, an identification Iabel indicating name, the artist's name, the artwork's title, and year of
completion for all artwork submitted as part of the Artwork. This identification label will be
placed near or adjacent to the artwork whenever the artwork is publicly displayed by the City.
Section 16. Warranties. FRIENDS OF FARRAH FAWCETT shall ensure that the art for any and
all artwork submitted as part of the Artwork are warranted by the artist(s) to be designed to last
for at least 20 years.
Section 17. Risk of Loss. FRIENDS OF FARRAH FAWCETT is responsible for risk of loss or
damage regarding the Artwork until FRIENDS OF FARRAH FAWCETT has completed
installation and the Director has provided with Director's final written acceptance of the Artwork.
Section 18. Indemnification.("Indemnitor") shall fully indemnify, save, and
hold harmless the City and its officers, employees, and agents
(collectively, "Indemnitees") against any and all liability, damage, loss,
claims, demands, and actions of any nature whatsoever on account of
personal injury (including, without limitation on the foregoing, premises
defects, workers' compensation, and death claims), property loss, or
damage of any kind whatsoever, which may arise out of, be caused by, or
be in any way connected with, either proximately or remotely, wholly or
in part, the design, fabrication, installation, repair, restoration,
maintenance, or removal of the Artwork and any act or omission of the
Indemnitor or of any agent or employee of Indemnitor pursuant to
performance under the terms of this Agreement. The Indemnitor
covenants and agrees that, if the Indemnitee is made a party to any
litigation commenced by any party other than Indemnitor relating to this
Agreement. Indemnitor shall, upon receipt of reasonable notice
regarding commencement of litigation and at his/her own expense,
investigate all these claims and demands, attend to their settlement or
other disposition, defend Indemnitee in all actions based thereon with
counsel satisfactory to the Indemnitee, and pay all charges of attorneys
and all other costs and expenses of any kind arising from any said ability,
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damage, Ioss, claim, demand, or action. This provision survives the
expiration or earlier termination of this Agreement.
Section 19. Collection Management. The City reserves the right to manage its collection of art,
including any artwork included with the Artwork, for public purposes and, in doing so, may
determine that it is necessary to relocate or remove any artwork or part of the Artwork or modify
the site in or on which they are located. This reservation of rights by the City survives the
expiration of this Agreement.
Section 20. Force Majeure. No party to this Agreement will be liable for failures or delays in
performance due to any cause beyond their control including, but not limited to, any failures or
delays in performance caused by strikes, lock outs, fires, acts of God or the public enemy,
common carrier, severe inclement weather, and riots or interference by civil or military
authorities.
Section 21. Venue. All actions brought to enforce compliance with this Agreement must be
brought in Nueces County,Texas, where this Agreement was executed and will be performed.
Section 22. Interpretation. This Agreement will be governed by and construed in accordance with
the laws of the State of Texas.
Section 22.Notice.
A. All notices, demands, requests, or replies provided for or permitted under this
Agreement by either party must be in writing and must be delivered by one of the
following methods: (1) by personal delivery or (2) by deposit with the United
States Postal Service as certified or registered mail, return receipt requested,
postage prepaid.
B. Notice deposited with the United States Postal Service In the manner described
above shall be deemed effective two business days after deposit with the United
States Postal Service. Notice by fax is deemed effective upon proof of delivery to
the receiving party.All communications must only be made to the following:
IF TO CITY:
City of Corpus Christi
Attn: Director of Parks& Recreation
P.O. Box 9277
Corpus Christi,TX 78469
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IF TO FRIENDS OF FARRAH FAWCETT
Friends of Farrah CC
do L. J. Cohen
210 Mitchell St
Corpus Christi,TX 78411
C. Either party may change the address to which notice is sent by using the method
set out above. FRIENDS OF FARRAH FAWCETT shall notify City of an
address change within ten days after the address is changed.
Section 23. Modification or Amendment. Modification or amendment of any of the terms of this
Agreement is effective upon written authorization of each of the parties to this Agreement.
SIGNATURES ON NEXT PAGE
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CITY OF CORPUS CHRISTI ATTEST:
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Peter Zanoni, City Manager Rebecca Huerta, City ecretary
Approved as to legal form:_ Qq 6 0 2 , �O
ACITHORtzsD
C ri rw douNclLS,�—3-(p
Assistant City Attorney —` C-h isA
SECRETARY
FRIENDS O WC TT
lit
Name:
STATE OF TEXAS
COUNTY OF NUECES
This instrument was acknowledged before me on U LLL Al , 2026, by
n
A.1Der 3C'I'il IL't—Si'- (name), as the representative for the FRIENDS OF
FARRAH FAWCETT, on behalf of said organization.
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EXHIBIT A
(Contractor Utilizing Subcontractors)
INSURANCE REQUIREMENTS
CONTRACTOR'S LIABILITY INSURANCE
A. Contractor must not commence work under this agreement until all insurance required
has been obtained and such insurance has been approved by the City. Contractor must
not allow any subcontractor Agency to commence work until all similar insurance
required of any subcontractor Agency has been obtained.
B. Contractor must furnish to the City's Risk Manager and Contract Administer one (1) copy
of Certificates of Insurance (COI) with applicable policy endorsements showing the
following minimum coverage by an insurance company(s) acceptable to the City's Risk
Manager. The City must be Iisted as an additional insured on the General liability and
Auto Liability policies by endorsement, and a waiver of subrogation is required on all
applicable policies. Endorsements must be provided with COI. Project name and or
number must be listed in Description Box of COI.
TYPE OF INSURANCE MINIMUM
INSURANCE
COVERAGE
Commercial General Liability Including: $1,000,000 Per
I. Commercial Broad Form Occurrence
2. Premises—Operations
3. Products/Completed Operations
4. Contractual Liability
5. Independent Contractors
6. Personal Injury-Advertising Injury
AUTO LIABILITY(including) $500,000 Combined
1. Owned Single Limit
2. Hired and Non-Owned
3. Rented/Leased
WORKERS' COMPENSATION Statutory
EMPLOYER'S LIABILITY
$500,000/$500,000/
$500,000
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Subcontractors
Contractor shall require and verify that all subcontractors
maintain insurance meeting all the requirements stated
herein, and Contractor shall ensure that City is an
additional insured on insurance required from
subcontractors. For CGL coverage general contractor shall
provide coverage with a format at least as broad as CG 20
38 04 13.
T1 • ] e1 T T • I I—,
C. In the event of accidents of any kind related to this agreement, Contractor must furnish
the Risk Manager with copies of all reports of any accidents within 10 days of the
accident.
II. ADDITIONAL REQUIREMENTS
A. Applicable for paid employees, Contractor must obtain workers' compensation coverage
through a licensed insurance company. The coverage must be written on a policy and
endorsements approved by the Texas Department of Insurance. The workers'
compensation coverage provided must be in an amount sufficient to assure that all
workers'compensation obligations incurred by the Contractor will be promptly met.
B. Contractor shall obtain and maintain in full force and effect for the duration of this
Contract, and any extension hereof, at Contractor's sole expense, insurance coverage
written on an occurrence basis, by companies authorized and admitted to do business in
the State of Texas and with an A.M. Best's rating of no less than A-VII.
C. Contractor shall be required to submit a copy of the replacement certificate of insurance
to City at the address provided below within 10 days of the requested change. Contractor
shall pay any costs incurred resulting from said changes. All notices under this Article
shall be given to City at the following address:
City of Corpus Christi
Attn: Risk Manager
P.O. Box 9277
Corpus Christi,TX 78469-9277
D. Contractor agrees that with respect to the above required insurance, all insurance
policies are to contain or be endorsed to contain the following required provisions:
• List the City and its officers, officials, employees, volunteers, and elected representatives
as additional insured by endorsement, as respects operations, completed operation and
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activities of, or on behalf of, the named insured performed under contract with the City,
with the exception of the workers' compensation policy;
• Provide for an endorsement that the "other insurance" clause shall not apply to the City of
Corpus Christi where the City is an additional insured shown on the policy;
• Workers' compensation and employers' Iiability policies will provide a waiver of
subrogation in favor of the City; and
• Provide 30 calendar days advance written notice directly to City of any, cancellation,
non-renewal, material change or termination in coverage and not less than 10 calendar
days advance written notice for nonpayment of premium.
E. Within 5 calendar days of a cancellation, non-renewal, material change or termination of
coverage, Contractor shall provide a replacement Certificate of Insurance and applicable
endorsements to City. City shall have the option to suspend Contractor's performance
should there be a lapse in coverage at any time during this contract. Failure to provide
and to maintain the required insurance shall constitute a material breach of this contract.
F. In addition to any other remedies the City may have upon Contractor's failure to provide
and maintain any insurance or policy endorsements to the extent and within the time
herein required, the City shall have the right to order Contractor to remove the exhibit
hereunder, and/or withhold any payment(s) if any, which become due to Contractor
hereunder until Contractor demonstrates compliance with the requirements hereof.
G. Nothing herein contained shall be construed as limiting in any way the extent to which
Contractor may be held responsible for payments of damages to persons or property
resulting from Contractor's or its subcontractor's performance of the work covered under
this agreement.
H. It is agreed that Contractor's insurance shall be deemed primary and non-contributory
with respect to any insurance or self insurance carried by the City of Corpus Christi for
liability arising out of operations under this agreement.
It is understood and agreed that the insurance required is in addition to and separate from
any other obligation contained in this agreement.
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2026 Insurance Requirements Exhibit 4-B
(Contractor Utilizing Subcontractors)
Contracts for General Services—Services Performed Onsite
01/01/2026 Risk Management—Legal Dept.
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