Loading...
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 Page 1 of 10 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 Page 2 of 10 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, Page 3 of 10 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 Page 4 of 10 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 Page 5 of 10 CITY OF CORPUS CHRISTI ATTEST: ,,,e---400•/: 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. IS.--A-".-A.- I\--.1 A.A I*,-A-A-..01.. or CerACIY)- T'Aleit CIL ;/r 3. ..EANA N FRENCH > i _A , `-'1 ID* y Public 12374815 `�-....� z:I STATE OF TEXAS s` ' Mi Ccnm E.xp 09-18-2028 v �Yvvv v vVvvv ♦ Page 6 of 10 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 Page 7 of 10 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 Page 8ofl0 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. Page 9 of 10 2026 Insurance Requirements Exhibit 4-B (Contractor Utilizing Subcontractors) Contracts for General Services—Services Performed Onsite 01/01/2026 Risk Management—Legal Dept. Page 10 of 10