HomeMy WebLinkAboutContract 55766���-:
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AGREEMENT BETWEEN THE CITY �F FORT WORTH
AND STEVEN PAR��R LLC FOR PRELIMINARY DES�GN F�R
UNIVERSAL PLAYGROUND PUBLIC ART PROJECT
This Agreement is entered into this �day of a , 2021, by and between fihe City of
Fort Worth, a home-rule municipal corporation of the State of `I'exas, acting by and through Fernando Costa,
its duly Assistant City Manager, and Steven Parker LLC, a Texas ]imited Iiability company located at 1206
Wycliff Lane, Austin, Texas 78727. The City has c�esignated the Arts Cpuncil of k'ort Worth and Tarrant
County, Inc., to manage this Agreement on its behaxf Th� Contract Manager shal] act through its designated
Public Art project manager.
WHEREAS, pursuant to Chapter 2, Sections 2-55 through 2-6 i o�the Fort Worth Code of Ordinances,
the Fort Worth Public Art Program's goa�s are to create an enhanced visua] environment for Fort Worth
residex�ts, to comme�noraCe the City's rich cultural and ethnic diversity, to integrafe the design wor� of arti,sts
into the development of the City's capital infrastructure improverr►ents, and to promote tourism and economic
vitality in the City through ihe artistic design a�public spaces;
WHER�AS, City is desi�ming a Universa� Playground for North Park, iocatec� at 9000 Nar�h BeackZ
Street, 76244 (Council District 4};
WHEREAS, this Projeci was included in the Public ArtPlan for the 20I813ond Program, adopted by
the F'ort Worth City Counci� on November 6, 2018 as M&C G-19401. The project is also included in the Pul�lic
Art Fiscal Year 2021 Annual Work Plan adopted by City Council on Sepiernber 22, 2020 as M&C 20-0678;
WHEREAS, the Contract Manager cox�ducted an Artist Selection Process based on quaIifications, in
accordanca with the Project Outline and #he guidetines in the Fort Worth Publac �1rt Maste� Plcan Update,
adopted by City Council on October I7, 2017 (M&C G-19140); and, an April l9, 2021, the Foz-t Worth Art
Commission {"FWAC") appro�ed the Selection Pana�'s raconr�inendation oiArtist for the project;
WHEREAS, City aa�d Artist wish to set out the terms and conditions under which said Work shall
be designed to promote the in#egrity of Artist's ideas and statements as represented by tiae Work.
NOW, THEREFORE, City and Artist for and in consideration of the covenants and agreements
hereinafter set forth, the suffciency of which is hereby acknowledged, agree as follows:
�RTTC�,E 1
DEFINITIONS
As used in this Agreement, the following terms shall ha�e the rneanings as set forth below:
1.1. Agreement — Means and includes fhis Agreement between the City of Fo�t Worth anci Artist
for Preliminary Desig�a of pubIic art for the Site.
1.2. Artist — Means and includes Steven Parker LLC, a Texas limited liabi2ity campany.
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,�p P�g� 1 �f �.3
Agreement between City of Fort Wor[h � �� u 6��
And Ste�en Partcer LLC for � �.,�,� �I —
Preliminary Design of Universal P]ayground Public Art Project ,
1.3.
in 1.3.a. below.
1.4.
1.5.
Artrvork Design — Means and includes the PreIiminary Design of fihe Work, wYzzch is defned
1.3.a. Preliminary Design — Means all developed px�linainary dravwings, sketches, prototypes,
maquettes, riaodels, narrative descriptions, budget estimates, and the like that are created by
Artist in connection with this Agree�nent and/ar any prior agreement between Artist and City
for the Work.
City — Means and includes the City of Fort Worth, Texas.
Contract Manager — Means and includes the Arts Council of rort Worth and Tarrant County,
Inc., and its af�cers, directors, and employees.
1.6.
Agreernent.
1.'7.
1.8.
Eifecti�ve Date — Meazas and incIudes the date represented in i�e first paragraph of this
Parties — Means and includes City and Artist.
Preliminary Design Deliverab[es — Means and includes those itezns set forth in Article 2.3
of this Agreement that Artist is req�ired to submit to City for its review and appraval prior to proceed'ang to
the Final Design phase af this Agreement.
l.9. Projeet — Means and incIudes the capital irriprovement or public art development undertaking
of City for which Ar�ist's services ara to be provided pursuant to this Agreement. A Project Outlina attached
hereto as "Exhrbit A" describes the parameters and expectations af the project.
1.10. Project Core Team — Means and inclt�des the group of community z�aembers, generally 5-7
people, who are invited by the City Council Member to provide input on the project for its duratiqn, in
accordance with the Fort Wor^th Public Art Master Plara Update, page 23.
1.11. Project Stal�ehoCders — Means and incl�des the appropriate City Council Member(s), and the
Universal Playground Project Core Team and the �'WAC's appointed representative and otk�ers as may be
appropriate.
1.12. Site — Means the grounds in and immediately around the Universal 1'layground area of Narth
Park, located at 9000 North Beach Street (76244) in CounciI District 4, identified in the Project Outline. Fuz-ther
details are attached hereto as "Exhibit B."
1.13. Work -� Means and includes the finished object(s) of art and design thaf are the subject of this
�greement, or any intermediary stage oicompleiion of such work.
Page 2 oP23
Agreement between City ofFort Wort�
And Steven Par[cer LLC for
Preliminary Design ofUni�ersal Playground Public Art Yroject
ARTICLE 2
SCOPE OF SERVICES AND DELIVERABLES
2.1. Scope af Services.
a. Artist shall perform all services and will fuz�nisl� ali s��.pplies, materials, and equipment as necessary
for developing a Preliminary Design of the Work and %r providing the Prexinrainary Design
Deliverables. Services sha]] be performed in a professional manner and in strict compliance with all
terms and conditions in this Agreexnent.
b. Artist shalI determine the artistic expression, scope, design, coIor, size, zraaterial, and te�ture of the
Work, subject to review and input from 1'roject Stakeholders and approval by City as set forth in this
Agreement. City may request changes to the Artwork Design frorz� time to time under this Agreement,
and Artist vwill accommodate City's requests.
c. Prior to commencing tk�e Preliminary Design, Artist shall mect with and seek input from Project
StakehoIders.
d. The �acation ai the Site where the Wark sha11 be installed sha11 be mutually agreed upon by City and
Artisi.
e. Artist, upon request of Coniract Manager, shaII provide information and/or attend meetings with
a�propriate City staff for purposes of risk assessment, sa%ty review, sig�ti�ag of the Work, and
permilting.
f. Artist shall explore concepts for the Work, within the implementation budget set forth in Article 2.3.
g. Artist shall meet and coordinate with Contract Manager, Praject Consultant, and ott�ers, as necessary,
to integrate the Work into tk�e Site i n terms of structural support or other infrastructure needs to support
the Work.
h. Artzst shall present the 1'reliminary Design to the FWAC for joinC review with the Pz'oject Core Tearr�,
other Project Stakeholders, the approp�•iate City staff, and the FWAC's approval at a regularly
scheduled FWAC meeting with a date �d ti�aae mutually agreed upon. The Preliminary Design shall
subsequently be shared with City boards or commissions, as approprzate.
i. Artist may malce two (2) irips to Fort Warth, Texas for meetings and presentaiior�s as indicated
above, and shall be compensated for travel per item 3.2.a.vi in the Payment Schedule. ��artist
chaoses not to firavel to Fort Worth, Texas, due to COVID-J 9 safety cancerns, Artist shall
participate in meetings and make presentatians as indicated above via Zoom, WebE�, or other
virtuaI telecorninuting pIatforms and shall receive no traveI compensation. Additional
meetings may be required and could be negotiated and agreed upon in writing by City and
Artist.
Page 3 0�'23
Agreement bcYwcen City of F'ort Worth
And Steven Parker LLC £or
Preliminary Dcsign of llniversa[ Playground Public Art Project
j. Az-tist shall allow video recording and photography of their participation during activities rela�ed to
this Project such as preseniations and meetings.
k. For the duration of the Agreement, if Artist intends to seek its own publicity far the Work including
publicatian on Artist's website or social media, such efforts and/or press releases must be approved,
in advance, by Contract Manager.
2.2. City Assistance.
Upon request by Artist, City shall promptiy furnish all information and materials required by Artist to the
extent t�at such materials are available. City, upon request by Artist, shall also pro�vide co�•rect scaled drawings
of the Site, if available.
2.3. PreIiminaxv Dasign Deliverables.
a. Within three (3) months after the EffecCive Date, Artist shall pravide services and all supplies,
materia[s, and equipment necessary to provide certain delivera6les, as set fo3rth in this Article 2.3 io
City for approval. Preliminary Design Deliverables shall consist of the foIlowing:
i. Detailed, design illustrations for the Work for the Site, wt�ich shall be in a high-resolution digitaI
forrnai, such as JPEG or TIF �les, showing the proposed Work from multiple vantage points with
at least one illustratio� showing the Work's size and placement in relation to the Site;
ii. A narrative description of the Artist's concept, proposed materiats, fabrication, and instalIation
methods, timeline far completion and maintenance, and anticipated annual xnaintenance
requirements;
iii. A preliminary budget estimate, prasented on t�ae budget form attached hereto as "E�ibit C," far
costs of %nal design and implementation/commissioning of the Work in an amaunt not to exceed
$121,399.00 whicY� includes aII costs for materials, engineering, labar, fabricalion, delivery,
installation, insurance (City requirements attac�ed hereto as "E�ibit D"}, tra�el costs,
transportation, remaining Artist's fee of $14, l 00.00 and all other associated costs fqr the Work;
and
iv. Artist shall provide the Preliminary Desi�n presantation rr►aterials in PowerPoint format to the
Contraci Manager to become part of the City of Fort Worth Public Art archive owned by City. A11
documents, models, and/oz- drawin�s will be retained for archival and exhibition purposes.
b. Preliminary Design Deliverables sha1I be subxnztted to the Coniract Manager three (3) weeks prior to
the scheduled Preliminary Design presentation for staff review.
2.�4. Preliminary Desi� Re�iew.
a. Upon completion and submission of the Prelinr�iz�ary Design Deliverables and acceptance by Cantract
Manager, Art�st shall present the Preliminary Design to the FWAC for joint review with the Project
Core Team, other Pro�ect Stakeholdez-s, the appropriate City staff, and far the FWAC's approval at a
Page 4 of 23
Agreement between CiEy of Fort Worth
And Steven Paricer LLC for
Yrefiminary Design of Universal Playground Pu6lic Art Project
regulaeIy scheduIed FWAC meeting with a date and time anLitually agreed upon. The Final Design
shall subsequentiy be shared with City boards or commissions, as appz-oprzate.
b. City sha11 noiify Artist of its approval, ar disapproval, of the Pre]iminary Design within thirty (30}
business days of Artist's presentation fo the FWAC.
c. If City disapproves af the Preliminary Design, either in whole or in part, then Czty shall inform Artist
of each revision to be made Co the Prelizninary Design. City may require Artist to make such reviszoz�s
to ihe Preliminary Design as City deems necessary in iis sol� discretian and/or for the Wark to comply
with applicable stat�tes, ardinances, or regulations of any governmenCal regulatory agency having
jurisdiction over the Site for reasans of safety and securiiy.
d. Artist shall ha�e thirty (30) calendar days from the date City inforrned Artist of the revision(s) fo
present the r�vzsed �'reliminary Design in conformance with City's requirements.
e. If City disapproves of the resubmitted Preliminary Design, any furt�er Preliminary Design
resubrnissians will be by mutuaI 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 �igreement
will automatically terminate, with payment for work performed per the payment schedule in ArCicle 3
up thxough the date of termination. (See Arficle 4.4.d)
f. Upan City approval of the Preliyninary Design, any revisians made to a City-approved Preliminary
Design shalI become part of the Preliminary Design. Artist shall incorporate any City-approved
revisians into the �nal design in car�formance with City's requirements. Any revisions shatl become
part of any fnaI design deliverables if the Artist proceeds to the i`�nal design phase.
ARTICLE 3
COMAENSATION AND PAYMENT SCHEDULE
3.1. Compensation.
Total campensation io Artist under the Agreeinent shali be in an amount up to E�GHT THOUSAND, FNE
HUNDR�D DOLLARS AND NO CENTS $8 50q.00 which shall constitute full compensation for any and
all costs associated with the Agreement, including, but not Iimited to engineering and consulting, travel (see
Section 2.1(k)), an Arlist's fee of $7,500.00, and all other services performed and materials furnished by Artist
under this Agreement. Artist and City may ame�nd this Agreerneni to allow for additional payment if addztional
services are required.
3.2. Pavment Schedule.
a. City agrees to pay Artist in the following installments set forth beiow, each installment to represent
full and �nal, non-ref�dable payment for all s�z-vices and materials provided prior to the due date
thereof
i'age 5 of 23
Agreement hetween City afFart Worth
And Steven Parker LLC for
Preliminary Design of Universal Playground Public Art Project
i. ONE THOUSAND DOLLARS AND NO CENTS ($1,000.00) within thirty {30) calendar days
upon execution of tl�is Agreement.
ii. ONE THOUSAND, �'rV� HUNDRED DOLLARS AND NO CENTS (�1,500.00� after Artist
meets with Project Core Team and otk�er stakeholders to gather input prior to Preliminary Design
development.
iii. ON� TH�USAND, FIVE HUNDRED DOLLARS AND NO CENTS ($1,SOO.OQ) within tt�irty
(30) caIendar days after Artist submits a�� Pz-eliminary Design DeIiverables required under Article
2.3 of this Agreement.
iv. ON� THOUSAND DOLLARDS AND NO CENTS ($1,OOd.� within thirty {30) calendax days
after Artist makes presentation(s) ofthe Prelimznary Design to the �'WAC, the Project Core Team,
and qther Pr•oject Stal�eholders at a regulariy scheduled meeting of the F WAC.
v. TWO THOUDSAND, F�VE HUNDR�D DOLLARS_AND NO CENTS ($2,SOOA� witlai�
thirty (30) calendar days after City's approval of ik�e Prelimina.ry Design.
vi. An e�agineering allovvance of up to ONE THOUSAND DOLLARS AND NO C�NTS
(�1,000.00� far preliminary consultatioz� as needed. Such payment shaIl be made for actual
services rendered only and upon receipt of an i�avoace from Artist with the original invoice (a
retainer fee of up to 50% is alIowed) for such services attached.
3.3. SaIes Taxes.
City is a ta�c-e�empt organization ar�d no state or local sales taxes or federal e�cise taxes sha1I be due upon the
Project. City shall su�ply Artist with the "Texas Certificate of Exemption," in substa�iially the same form as
that attached hereto as "E�ibit E" for use by Artisf in the fulfillment of this Agreement.
3.4. Artist's Ex enses.
Artist shall be responsible for the payments of all expenses incurred dUring the performance of this Agree�ent,
including, but not limited to, services, materials, mailing/shipping chai•ges and insurance on submissions to
City andlor Contraci Manager, cost of a11 travel, and costs for Artist's agen#s, consulfants, and/or employees
necessary for the proper performance of the services required under this Agreerne�t.
ARTICLE 4
TERM AND TERMIN�ITION
4.1. Term.
This Agreement shall be in effect from the Effective Date and, unless terminated earlier pursuant to such
provisians in ihis Agreex�aent, shall extend until finaI payment to Ar�ist by City.
4.2. Gratuities.
City may cazzcel this Agreement if it is faund that gratuities in the form pf entertain�nent, gifts, or ati�erwise
we�•e offered or given by Artist or any agent or representative to any City or Co�ntract Manager official or
Page 6 of 23
Agrecment between City of Fort Worth
And Steven Parker LLC for
Preliminary Design of Universal Playground Public Art Pmject
e�nployee with a view 1;oward securing favorable treatment with respect to the awarding, air►ending, or making
of any determinations with respect to this performance of this A�reement.
4.3. Terzxiinatiqn for Cause.
If either party to this Agr�emez�t shall fail to fulfill their obligations in accordance with the terms of ihis
A�reement, ar othe�•wise violate any ofthe covenanis, agreements, or stipulations rnaterial to this Agreement,
then the Parties shall first aitempt to resoIve any disputes arising frozn this Article 4.3 in aceordance with �he
dispute resoIution process set forth in Article 5. If the Parties cannot resolve the dispute(s), then the disputing
party shall thereupon ha�e the right to terminate this Agreemenf upon the delivery of a writCen "Notice qf
Termination" specifyizzgthe grounds for tenn�nation. Termination ofthis Agreement under this provisian sha11
not relieve the party in default oiany Iiability for damages resulting from a breach or a violation of the terms
of this Agreement.
4.4. Termination for Convenience.
a. The services to be per%rmed under this Agreement may be terminated by eiiher party, subject to
wz-ittet� no�ice submitted tl�frty (30) calendar days befare termination.
b. If the termination is for the convenience of City, City shall pay Artist for services actually rendered up
ta the effective date of termination zn accardance with Sectior� 3.2 of this Agree�nraent, and Artist shall
continue to provide the City with services requested by City and in accordance with this Agreerrzent
up to the effective date of term�nation. Upon payment in iull of all manies due for services provided
up to the effective date of terminatian, City shall have the right, in its sole discretion, to possession
and transfer of all work prodnct produced by Artist under this Agreemen#, including, but not limited
to, finished and unfinished drawings, ske#ches, photographs, rnodels, and designs, up to the effective
date of ter�nination, provided tk�at no right to fabricate or execute the Work sl�all pass to City.
c. If termination is for the convenience of Artist, Ciiy shall have the right, in its sole discretion, ta pay
Artist for services actua�ly rendered up to the effective date of te�aination in accordance with Section
3.2 of this Agreement or require the A�'tist to remit to City a sum equal to all payments {if any) made
to the Artist pursuant to this Agreement prior to the effective date of termination. Ii City chooses ta
pay Artist for services actually rendered, #hen all wark product produced by Artist under this
Agreement, including, but not limited to, finished and unfinished drawings, sketches, phofographs,
�nodels, and designs, up to the effective date ofterminafion shall become property of City.
d. If termination is by mutual agreement of the Parties as sei forth in Article 2.4, then City shall pay Artist
far work perforined ir� accordance vwith Sec#ion 3.2 of this Agz-eerrient up through the date of
tez�mination. City shall have the right to possession and transfer of all work product pz-aduced by Artist
under this Agrae��ent, including, but not limited to, finished and unfinished drawings, sketche,s,
photographs, modeis, and desig�s, up to the effective date of termination.
Page 7 oi23
Agreement between Cily of Fprt Worth
And Sieven Parker LLC for
Preliminary Design of Universal Playground Public Art Yroject
4.5. Incapaciiy of Artist.
a. In the event of Artist's death or Artist becoming physically ar legally incapacitated during the term of
this Ag�•eement, City shall l�ave the right to terminate this Agree�ent an payment to Artist or Artist's
successors for all work and services performed prior to death or incapacity. All work produci produced
by Artist, incl�ding, but not limited to, �nisk�ed and unfinished drawings, sketches, photographs,
xnodels, and designs, up to th� effective date of termination shall become property of City.
b. �hould Artist's Pr�Iizx�inary Design har�e been approved, in the event aftermination under this Az-ticle
4.5, City shaII have the right to complete the Work, i,f �easible. Due regard sha11 be inade for Artist's
intended results and proper credit and acknowledgement shall be given to Artist.
ARTICLE S
DISPUTE AESOLUTION
If either Artist or City has a claim, dispute, or pther 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
iss��es through this dispute reso�ution process. The disputing party shall notify the other party in w�riting as saon
as practicable after discovering the claim, dispute, or breach. The notice shali state the nature of the dispute and
list tk�e party's specif c reasons for such dispute. Within ten (10) business days of receipt of the notice, both parties
sha11 make a good faith effort, either through email, mail, phone con%rence, in person meetings, or ofher
reasonable means to resolve any claim, dispute, breach, or pther matter in question that may arise out of or in
conneciion with this Agreement.
If the Parti�s faz] to resqlve the dispute within sixty (60) calendar days oi the date of receipt af the notice
of the dispute, then the Parties may submit ik�e matter io non-binding rr�ediation upon wrii#en consent of tha
authorized representatives ofboth parties in accordance with Chapte�r 154 ofthe Te�as Civil Practice and Remedies
Code and Chapter 2009 oftl�e Texas Government Code, ther� in effect. Request for mediation shall be in writing,
and shalI request that the mediation co�aaz�r�ence noi less than fi$een ( i 5) or inore than forty-five (45) calendar days
following the date of request, except upon Agreement of the Parties. in the event City and Artis#s are unable to
agree to a date for the znediation or to the identity of a�nutua]ly agreecf inediatox wzt�ain thirty (30) calendar days
following the date of the request for mediation, then all tk�e conditions precedent in this article shall be deemed to
have occuzxed. The Parties shali share the mediator's %e and �y �ling fees equatIy. Venue for any mediation ar
lawsuit arising under th�s Agreerneni shall be in Tarrant County, Texas. �ny ageamex�t reached in mediafion shall
be enforceable as a settlement agreement in any court having jurisdiction. No provision of tlus agreeznent slaalt
waivo azzy imrnunity or defense. No provision ofithis Agrae�aaent constitutes consent to sue. If tl�e Parties cannot
resolve the dispute through rrzediation, then either party shall have the right to �xercise any and all remedies
available under law regarding the dispute. (See Article 4.3)
I'age 8 of 23
Agreement beEween City of Fart Wortrt
And Steven Parkcr LLC for
Preliminary Design ofUniversal Playground Public Art Project
ARTICLE 6
OVJNERSHIP AND INTELLECTUAL PROPERTY RIGHTS
6.1. General.
a. [Jpan payment in full to Artist or pursuant ta #he applicable termination provision oithis Agreemer�i,
the Artwork Design, Work, and all other work product under this Agreernent shall become tl�e property
of City, without restriction on futut•e use, except as provided below. Artist sk�a�l retain cppyright and
ather intellectual property rights in and to the Artwork Design andlor Work. By execution of tl�is
Agreement, Artist grants to tk�e City an exclusive, perpetual, royalty fr�e, and irrevocable license to
graphically depict or pubticly display the Artwork Design and/or Work for any nqn-commercial
purpose whatsoever. .For purpases of this limitation, any graphic depiction or display of the Artwork
Design and/or Work intended to prorrzote or benefii City, its public services or its public purposes,
regardless of whether or not a fee is charged to the public, or whether revenue is otherwise received
hy City, shall be deemed a non-commercial purpose.
b. In view of #he intention ihat ihe Artwork Design and the Wark be unique, Artist sha.11 not make any
add�tional exact duplicate reproductions of the Artwot�k Dasign or the Work, nor shall Artist grant
p�z-innzssion to qthers to do so except with the express written permission of City. However, nothing
herein sha11 prevenC Artist from creating future artworlcs in Artist's manner and style of artistic
expression.
c. Ariist reserves every right available under the Federal Copyright Act to control the making and
dissemination of copies or reproductians of tk�e Artwork Design and/or Work, except as tY►ose rights
are limited by this Agree�nent. City may make and disseminate photagxapk�s, drawings, and ather two-
dimensional reproduciions af the Artwork Design and/or Work and accompanying materials for any
municipa] purpose. A1I reproductions by the City shall contain a credit to the Artist and a copyright
notice substantially in the following form: "�O date, Artist's na�ne."
d. Nothi�g in this Agreement shall prevent the Artist from using images oi the Artwork Design az�d/or
Work for marketing and promotional purposes in cpnnection with the Artist's business.
e. City is not responsible for any third-party infringement of Ariist's copyright and not responsible for
protecting the zntell.ectual property rights of Artist
6.2. Artist's Address.
Artist shall notify City of changes in Artist's address as set forth in Article 12. The failure to do sa, if such
failure prevents City from locating Artist, sha]3 be deemed a waiver by Artist af the right subsec�uently to
enforce these provisions that require the expr�ss approval af Artist. Notwithstanding this provision, City shall
xxzake every reasonahle effort to locate Artist when matters arise relating to Artist's rights.
Page 9 of23
Agreement bcEween City of Hort Worth
And Steven Parlcer LLC for
Preliminary Dcsign of Universaf Playground Public Art Project
ARTICLE 7
WARRANTIES O�' TITLE AND COFYRIGHT
a. Artist represents and warrants that:
Artwark Design and/ar Wqrk shall be the ar�ginad product ofthe Artisi's sole crea�ive efforts.
ii. Artwork Design andlor Work is and will be unique and original, and does not infringe upon
any copyright or the rights of any pe�•son;
ii�. Artist has not sold, assigned, iransferred, licensed, granted, encurnbered, or utilized the
Artwork Design and/or Work or any copyright related thereto that may affect or impair the
rights granted pursuant to this Agreement;
iv. Artwork Design and/or Work (or duplicate thereof} have not been accepted for sale elsewhere;
v. Artist has the full power to enter into and perfQrin this Agreement and to make the grant of
rights contained in this Ageement; and
vi. All services performed hereunder shall be performed in accordance with all applicable �aws,
regulations, ordinances, etc., and with alI necessary care, sicfll and diligence.
AR`I'ICLE 8
ARTIST AS INDE�'ENDENT CON'I'RA.CTOR
Artist shall perfarm all work and servEces hereunder as an independent contractor, and not as an afficer, agent,
servant or employee of City. Artist shall have exc�usive control of, and ihe exclusive right to control the details
of the work performed hereunder, and aII persans performing saine, and shall be solely responsible for the acts
and omissions of �is/her officers, agenis, emp�oyees, and subcontractors. Nothing herein shall be construed
as creating a partnership or joint venture between City and 1�rtist, his/her officers, agents, employees and
subcontractars, and doctrine of respond�nt superior has no appIication as between City and Artist.
ARTICLE 9
�NDEMNIFICA`I'I�N
9. ] . General Indemnify.
a. ARTIST COVENANTS AND AGREES TO AND DOES HEREBY INDEMNIFY, HOLD
HARMLESS, AND DEFEND, AT YTS OWN EXPENS�, C�TY FROM AND AGAYNST ANY
ANll ALL CLAIMS, LAWSU�TS, JUDGMENTS, ACTIONS, CAUSES OF ACTIDN, LIENS,
LOSSE�, EXPENSE�, COSTS, FEE� {INCLUDING, BUT NOT LIMITED TO, ATTORNEY'S
FEES AND COST� OF D�FENSE), PROCE�D�NGS, DEMANDS, DAMAGES,
L�AS�L�T�ES, ANDIOR SUITS OF ANY KIND OR NATURE, INCLUDING, BUT NOT
LIMITED TO, THOSE FOR PROPERTY LOSS (INCLUDING, BUT NOT LINIIT�D TO,
WORKERS' C�MPENSATYQN ACT LYABYLTTY, LOST PROFYTS, AND PROPERTY
DAMAGE} ANDIOR PERSONAL INJURY (INCLUDING, BUT NOT LIMITED TO, DEATH)
Page iD of23
Agreement bciwcen City of Part Worih
And Steven Pazicer LLC for
Preliminary Tlcsign ofUnivcrsal Playground Public Art Yroject
TO ANY AND ALL PERSONS, OR OTHER HARM FOR WHYCH RECOVERY OF DAMAGE�
YS SOUGHT, OF WHATSOEVER KIND OR CHARACT�R, WHETHER REAL OR
ASS�RT�D, ARISING OiJT OF OR RESULTING FROM ANY ACTS, ERRORS, OR
OMMISSIONS OF ARTIST AND/OR ARTIST'S SUBARTY�TS AND CONTRACTORS AND
THEIR AESPECT�VE OFF�CEAS, AGENTS, EMPLOYEES, DIRECTORS, MEMSERS,
PARTNERS, AND REPRESENTATNES IN CONNECTION WITH THE EXECUTION,
PLRFORMANC�, ATT�MPT�D P�RFORMANCE, OR NONPERFORMANCE OF THIS
AGREEMENT.
b. Artist agrees to and shall release City from any and all liability for injury, death, damage, or loss to
pe�•sons or property sustained or caused by Artist in connection with or incidental to perfarmance under
this Agreezn�nt.
c. Artist shaIl require aIl of its subconfractors ta include in iheir subcontracts a release and indemnity i�
favor oF City in substantially the same form as above.
9.2. In�ellectual Pr�erC�
Artist agrees to assume full responsibil�ty for compiying with all State and Federal Copyright Laws and any
other regulations, including, but nat limited to, the assumptian of any and all responsibilities far 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 coIIection of any such fees or financial ob�igations.
City speci�cally does not a��tharize, permit, or cpndpne ihe reprpduction or use of copyrighted maierials by
Artist wi#hout the appropriate licenses or permission being secured by Artist in advance. IT IS FURTHER
AGREED THAT ARTI�T SHALL RELEASE, DEFEND, INDEMNIFY, AND HOLD HARMLESS
CITY FROM AND AGA7NST ANY AND ALL CLAYMS, LOSSES, DAMAGES, ACTYONS, OR
EXP�NSES OF EVERY TYPE AND DESCRLPTION, INCLUDING, BUT NOT LIMITED TO,
ATTORN�Y'S F�ES, TO WHICH THEY MAY BE SUSJECTED ARI�ING OUT OF CITY'S U�E
OR POSSESSION OF THE WORKS BY REASON OF AN ALLEGED OR ACTUAL COPYRIGHT
VIOLATION OR OTHER LACK OF OWN�RSffiP, AUTHORSHIP, OR ORIGINALITY. City
e�pressly assumes no obligation to review ar abtain appropriate licensing and all such licensing sha11 be the
exclusive obligation of Artist.
ARTICLG ] 0
EQUAL OAFORT[lNITY
a. Artist sha11 not engage in any unlawful discrimination based on race, creed, color, national origin, sex,
age, religion, disability, marital status, citizenship s#atus, sexual orientation or any other prohibited
criteria in any employxx�eni decisions relaiing to this Agreement, a�d Artist represents and waz-ra�ts
Page I I of23
Agreement befween City of Fart Worth
And Steven Par[ccr LI.0 for
Pre] iminary Design pf Universal Playground Public Art Project
that to the extent required by applicable laws, it is an equal opportunity employer and shall comply
with aII appticable ]aws and regulations in any employment decisions.
b. In the event of Artist noncompiiance with ihe nondiscrimination clauses of this Agreement, this
Agreement may be canceled, termina#ed, or suspended tn whole or in part, and Artist may be debarred
froa�a �u�ther agreenraents witk� City.
ARTICLE ll
MISCELLANEOUS
11.1. Compliance.
Artzst shall coaaaply w�tk� all Federal., state, and local statutes, ardinances, and regulations applicable to the
performance of Artist's services under this Agreement.
11.2. Entire Agreement.
This wriiin� embodies the entire agreement and understanding between the �arties hereto, and there are no
other agreerr�ents and understandings, oral or written, with re%rence to the subject matter hereoithat are not
merged herein and superseded hereby.
11.3. Amendznenis.
No alteration, change, modification, or amendment of the te�s of ihis Agreezaaent shall be valid or e�f�ctive
unless made in writing and s�gned by both parties hereto and approved by appropriate action of City.
11.4. Waiver.
No wai�er of perfQrmance by ei#her party shall be construed as or operate as a waiver oi any subsequent default
of any terms, covenants, and conditions of this Agreement. The payment or acceptance of fees far any period
after a default sk�all not be deemed a waiver of any right or acceptance of defective performance.
1 i.5. Governing Law and Venue.
Tf any action, whether real or asserted, at law or in equity, arises on the basis of any provision ofthis Agreement,
venue for such action shall lze ir� state couris lacated in Tarrant Couniy, Texas or the United States District
Court for the Northern District of Texas -- Port Worth Division. This Agreement shall be construed in
accardance with the laws of the State of Texas.
11.6. Successors and Assigns.
Neit�er party hereto shall assign, sublet, or ti•ansfer its interest herein without prior written consent of the other
party, and any attempted assignrtnent, sublease, or transfer of a�l or any part hereof without such prior written
consent shall be void. This Agreexxae�t shall be bir�ding upan and shall inure to the benefit of City and Artist
and their respective successors and perinitted assigns.
11.7. No Third-1'arty Beneficiaries.
Page 12 of 23
Agreement between City of Port Warth
And Steven Parker LLC for
Yreliminary Design of Universal Playground PuU[ic Art Projcct
The provisions and conditions of this Agreement are soIely for the benefit of City and Artist, and any Iawful
successor or assign, and are not tntended to create any rights, contractual, or otherwise, to any other person or
entity.
11.8. SeverabiIit�
If any provision of this Agreement s11aII be held to be invalid, illegal, or unenforceable, t�te validrty, legality,
and enforceahility oithe remaining provisions shall not in any way be affected or impaired.
11.9. Force Majeure._
It is expressly understood and agreed by the Parties to this Agreement that, if the performance of any
obligations hereunder is delayed by reason of war; civil commotion; acts oF God; inclement weather;
governmental restrictions, regulations, or interferences; fires; strikes; lockouts, national disasters; riots;
�aateria� or labor restrictiqns; transportation problems; or any other circt�mstances which are reasonably beyond
the cor�trol of the party obligated or permitted under the terms of this Agreement to do or perform the same,
regar�Iess of whether any such circumstance is similar to any of those enumerated ar not, the party so obligated
or permitted shaIl be excused froz�rz doing ar per�arming the same during such periqd of delay, so that the time
period applicable to such design or construction requii•ement shall be extended far a period of time equal to
the period such party was delayed.
11.10. Contract Construction.
The Parties acknowledge that each party and, if it so chooses, its counsel, have reviewed and revised this
Agreement ar�d that the normal rule of construction to the effect that any ambiguities are to be resalved against
the drafting party must not be employed in the zntezpretation ofthis Agreement ar any amendrr►ents or exhibits
hereto.
i 1.11. I'iscai Funding Out.
If, %r any reason, at any tizne during any term of this Agreement, the �'ort Worth City Council fails to
approp�•iate funds suffcient for the City to fiilfill its obiigations under this Agreemeni, the City may termina�e
this Agreemet�t to be effective an the later of (i) thir�y (30) days following delivery by City to Artist of written
notice of City's intention to termizzate or (iz) the last date for w�ich funding has been a�propriated by fhe Fori
Worth City Council for the purposes set forth in this Agreement
11.12. Captions.
Captions and neadings used in this Ag�re�xx�ent a�re for reference purposes oniy and shall not be deemed a part
of this Agreement.
1 I. � 3. Ri�hi to Audit.
Artist agrees that City will ha�e the right to audit the fnancia.l and business recorcls of Artist that t•elate to the
Work {collectively "Records") at any time during the Term of this Agreement and for three (3) years therea�er
in order to deter�nine compliance with this Agreement. Throughout the Ter�n of this Agreement and for three
Agreement hetween City of Fort Worth
And Sicven Parker T.LC for
Preliminary Desi�n ofUniversal Playground Public Art Project
kage 13 of 23
(3) years thereafter, the At�fist shall make aIi Records available to the City at 200 Texas Street, Fort Worth,
Texas or at another location in the City acceptable to bath parties fol�awing reasonable advance notice by the
City and shall otherwise cooperate fuI�y with the City during any audit. Artist sha11 require all of its
subcontraciars to include in their subcontracts a right to aUdit in favor of City in substantialty the same form
as described in this Article 11. i 3.
11.14. Certified MBE/WBE.
If applicable, Artist is encouraged to make ifs best effort to become a certified Minority Business Enterprise
(MBE) or Woman Business Enterprise (WBE) firm with a ceriifying agency whose certi�cation is accepied
by the City under tl�e City's Business I7iversity Enterprise Ordinance.
11.15. Survival �'roviszon.
The provisions contained in Ai�ticles 4.5 (Incapacity oiArtist), Articles 6(Ownership and Ini�ilectuaI Property
Rights), 7(Warranties of Title and Copyright), 8(Artist as an Independent Contractor), 9(Indemni�ication},
and 11.13 (Right to Audit) shali survive the termination or expiration ofthis Agreement.
i i.� 6. Counterparts and Electronic Si�natures.
This Agreement may be executed in several counterparts, each of which will be deemed an original, bfit aIl of
which together will constituta ozze and the same instrument. A signature received via facsimile or electronically
via email shall be as legal]y binding far all purposes as an original signaiure.
l � .17. Time Extensions.
The Parties may agree, in wrzting, to extend or madify any of the time deadlines set forth in this Agreement.
11.18. Israel.
�if Artist is a campany with ten {10) or more full-tim� employees and if ihis Agreement is fbr $100,000
or more, Artist acknowledges that in accordance with Chapter 2270 of the Texas Goverr�ment Code,
the City is prohibited from eniering i�to a contract with a company for goods or services unless the
contract contains a written verification irom the company that it: (1) does not boycott Israel; and {2)
wiIl not boycott Israel during the term of the contract. The te�s "boycott Israel" and "campany"
shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Cod�. If
applicable under this Agreement and Artist is considered a"company," by signing this Ag�eement,
AYtist ceYtifies that Artist's signatu�e provides rvritten verification to the City that Artist: (1) cloes
not hoycott Isrc�ed; ancl (2) will not hoycott Israel during the terrrt of ihe Agreement.
11.19. Publicitv.
For the duratior� of the Agreement, if Artisi intend,s to seek its own publicity for the Work, such efforts
and/or press releases z�nust be appraved, in advance, by City.
Agreement Uetween CiLy of Fort Worth
And Steven Parker LLC for
Preliminary Design of Universal Playground Public Art Project
Page 14 of 23
ARTICLE 12
NOTTCES
All notices, requests, demands, and other cozzannunications which are required or permiited to be giv�n under
this Agreement shall be in writing and shaII be deemed to ha�e been du2y given upon the delivery or receipt
thereof, as ihe case may be, if delivered personaIly or sent by registered or certified maii, ret��rn receipt
requested, postage prepaid, as %Ilows:
1. CITY OF FORT WORTH: Fernando Costa, Assistant City Managar
City Manager's Offtce
c�ty a� �o� wort�
200 Te�as Sireet, Third �'loor
Fort Worth, Texas 76102
Copies to: Sarah Fullenwider, City Attorney
Office of the City Attorney
City of Fort Worth
200 Texas Street, Third Floor
Fort Worth, Texas 7610�
Martha Peters, Direcfor of Public Art
Arts Council of Fort Wo�th & Tarrant CounEy
1300 Gendy Street
Fort Worth, Texas 76I07
2. ARTIST Steven Parker
Sieven Paz'�er LLC
1206 Wycliff Lane
Austin, Texas 78727
Page 15 of23
Agreement betwcen Ciry of Fort Worth
And Steven Parker LLC for
Preliminary Design of Universal Playground 1'ublic Art Project
IN 'WI`I`NESS HEREOF, the Parties hereto have executed this A.greement ta be effec�ive as of the
Ei�eci�ve Date.
C�TY OF FORT WORTH
� � �
By: %
Fernando Costa
Assistant City Manager
Date: �'�/�����'�
ART�ST
Steven Patker LLC
Sole Praprietor
j]ate: iUlay 15 2021
Cantract Compliance 1Vianager
By signing, I ac%nowledge that I am the person responsible
for the moni#oring and ad:nninistration afthis contract, inciuc�ing
ensuxixzg aI� perfarmance and reporCing requirements.
r f
ame: ichelle Ri hardson
Tit1e: Public Art Project Manager
APPROVED AS TO FORT�I
AND LEGALITY:
omas Royce Hansen
Assistant City Attorney
ATTE�T�D B�Y: ;
.: � ' ,�
Cl�
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Contract Authorizat�ion:
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Form I295: Not required
No M&C req�ired. Ord'uiance No. 24161-04-2020
Agreement hetween GiEy of Fort Worth
And Steven Parker I,LC for
PreIiminary Design of ilniversal Playground Pahlic Art Project
— �_-s..� - �
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Exhibit A: Project Orrtline
ir.��a.�i„�u����
Universal Playground
Public A�� Praject Outline
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The City of Fori Worth is currently designing a universal playground at North Park as part of the City of Fort
Worth's 2018 Bond Program. Q�erall park improvements include renovation of existing soccer fields, provision of
additional athletic facilities, restrooms, additional parking, security lighting, and supporting intrastructure and
equipment. Mos� important, the park will f�ature a universal playground which will provide accessible play to all
children of all abilities. This exciting new playground was identified in the Fort Worth PublicArt Plan for the 2018
Bond Program as an impactful location for public art, reaching a wide array of viewers from community
members to general �isitors. Located nearby the Northpark YMCA and Lone Star Elementary 5chool, the
playground is expecied to receive patrons daily.
PUSLIC ART SITE AND APPROACH
This public art project provides an opportunity far an ar�ist to create a unique artwork(s) in association with the
universal playgro�and in No�th Park. The artwork shafl be thoughtfully integrated into the playground site
conceptually and aesthetically. Additionally, ihe work should 6e imaginati�e and engaging far children and
families.
PUBLIC ART SU�GET
The Universal Playground Pul�lic Ar� Project is included in the Fort Worth Pu6lrcArYFiscal Year2021 Annual Work
Plan, endorsed by t�e Fart Worth Art Commission on August 10, 2020, and adopted by the For# Warth City
Council September 22, 2020 (M&C 2Q-0678). Funding for the project was included in the Pu6licArt Plan for the
2018 Bond Program in t�e amount of $200,OOQ.OQ, which includes project management costs and contingencies.
Page 17 of 23
Agreement be[ween City of Fort Worth
And Steven Parker I�LC for
Preliminary Design ofllniversal Playground Public Art Project
ELIGIBIlITY
Staff will recommend 6-8 artists from the Fort Worth Public Ari� Pre-Qualrfied I.rst of Artists, and additional artists
by invitation, whose wark would be a good fit for the project.
PR�J EGT C�RE TEAM
�.. Debarah Troy, Park Gfen NA
2. Mindy Gant, Neritage NA
3. April Klendwort�, Sunset Hills North HOA
4. Rusty Fuller, �lorth Fort Warth Alliance
5. Mikaefa Joras, Keller fSD
ARTfST SELECTION PROCESS
SELECTION PANEL MEE�ING #1
�WPA staff shal] present a pool of 6-S artists from the Fort Warth Public Art Pre-Qualifled List of Artists. Artists
will be contacted prior to being considered by the Art�st Selection Panel, to ascertain their interest and
availabifity. The Artist Selection Panel shall re�iew t�e artists` qualifications and select 3 finalisis and ane
alternate.
r�rn_a��r.r:�r�►�r�r��.��i
The finalists shall participate in an orier�fiation for the projec�, including a site visit. This arientation will likeiy be
virtual due to the ongaing global COVID-19 pandemic.
5ELEC�'ION PANEL MEE�ING #2
The ArtEst 5election Panel shall interview each of the three artists individually. The Panel rr�ay then ask questions
about their professior�al experience and related work. The Panel wili then recomrnend one artist and one
afternate for the project. Upon the FWACs approval of the Panel's recommendation, a Preliminary pesign
cvntract wiEl be executecf with the selected artist.
MEETING FACILITATOR: Anne Allen, Pubfic Art Project Manager, Arts Councif of Fort Worth and Tarrar�t County
ARTIST 5ELECTION PAI��I, (Voiingj
1. Council Member Cary Moon, District 4
2. Elected Project Core Team Member (TBD)
3. James Talambas, Fort Worth Art Commissioner
4. TBD, Artist
5. TBD, Artist or Arts Administra�or
ADVISORS (Non-votingJ
1. Alicia Ortiz, Disirict 4 airector
2. Ann 5tetson, Park and Recreation Advisory Board, District 4
3. Dwight Taylor or Joel McElhaney, Park and Recreaiion Department, City of Fort Worth
4. Other Project Core Team Members
5. Others as may be appropriate
Page 18 of 23
Agreement between City of Fort Worth
And Steven Parker �,LC for
Prcliminary llesign of Universa[ Playground Public Art Project
Ez�hibit B: Site
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Page 19 of 23
Agreement befween City ofFort Worth
And Steven Parker LLC %r
Preliminary Design ofi7niversal Playground Public Art Project
�
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' i ' ..�:����� j.y5jii;�' I.}5ii7���'�71�.-
���5
Artist fee
Design (Preliminary/ Fir�al)
Professionalfees
Engineer
Architect
Lighc€ng �esigner
Conservator
Other
��18-Tn7ak Fi��
Td���G`
Transporation
Lodgi ng
Per dier�t (meals and incidentals)
C�IQ_Ta�iTrni� T�i�.���
�n�err�rATl�hl
Artist administration (hours x$ per hour}
Materials
ArtisY labor {hours x$ per hour)
Labor
Rentais (equipment, space, ehc.)
Storage
5UB-Y�TAL F#��::LA71^"�
Exhibit C: Budget Farm
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_f::,� I„�,�:�::'� , .
.4grecment between CiEy of rort Worth
And Steven Parker LLC for
Prcliminary Design of Universal Playground Pablic Arl Project
��i=�{��i'fi.�� p�: }�.o-
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�e.;cse���T�C3^J
Transpartatian
Permits
5ite preparation / remediation
Footings / foundations
Electrical connections / modifications
Labor
Equipment rental
Traffic conCrol
Security
��'$--�QT��. �i`:�Tn��.f�Tlhr.]
K�VE�?�-:�A�
Insurance (prorated}
Studio assistant (hours x$ per hour)
SLRa-T�7T-e l. 4V�RNE��J
�{]NTI�IC,F hC Y
GR�4�D YOrtAL ARTiST
FRDJECT C�5�'S
Pagc 20 of 23
Exhibi# D: Ins�rance Requirernents
PUBLTC ART PR03ECTS - INSURANCE REQUIREMENTS
Artist shaIl ineet a�l the following insurance requiz•ements for this Project. If Artist subcontracts fabrication,
transpartation, and/ar installation of ihe Work, then Artist shall also require his/her subcontrac�or(s) to abide
by all of the following insurance requirenrzents.
Commercia! General Liability {CGL)
$1,000,000 Each occurrence
$2,000,000 Aggregate limit
Coverage shall ir�clude, but not be Iimited to, the follawing: premises, operations, independent contractors,
products/completed operations, personal injury, and co�tractual �iability. Insurance shall be provided on an
occurrence basis, and be as comprehensive as t�ae current Tnsurance Services Office (ISO} policy. The policy
shall name City as an additional insured.
Bailee's/Property (if appl�cable}
The inland naarine policy shall provide per accurrence coverage at replacenaent cost value based on the latest
appraised ualue of the Artwork, which is entrusted to the Artist and is considered to be in the Artist's care,
custody, and control and shall include properry "in tzax�szt."
Anfornobile Liability
$1,00O,OOb Each accident
or
$250,000 Bodiiy Injury per person
$500,000 Badily Injury per occurrence
$100,000 Property Damage
A corrimercial business poIicy s1�a11 provide coverage on "Any Auto," defined as aE�tos owned, hired and non�
owned.
For Artist and/or Artist's Subcontractors who have employees: Workers' Compezzsaiion
Statutory limits
Employer's liability
$100,000 Each accident/occurrence
$100,000 Disease - per each employee
$500,040 Bodily Injury/Disease - po�icy �imit
Workers' Compensatian coverage sha11 provide ]imits consistent with statutory benefits outIined in the Texas
workers' Campensation Act (Art. 8308 -� 1.01 et seq. Tex. Rev. Civ. Sta#.).
GENERAL POLICY REQUIREMENTS
The certifcate of insurance shall include an endorsement naming the City of Fart Worth, its' Officers,
Employees ax�d Volunteers as an "Additional Insured" on aIl liability policies. Exce�ti�n: the additional
insured rec�uirement does not apply to Workers' Compensation or Automobile poIicies.
Page 21 oP23
AgreemenY befween City afFort Worth
And Steven Parkerl.I,C for
Preliminary Design oPUniversal Playgound Public Art Project
Artist is responsible for providing the City a ti�irry day (30) notice of catacellatian qr nan-renevval of any
insurance policy and rnay not c�aax�ge the terms and conditions of a.ny policy that would limit the scope or
coverage, or otherwise alt�r or disallow caverage as requYred herein.
The workers' cotrzpensation policy shall include a Waiver of Subrogation (Right of Recovery) in favor of the
City ofFort Warth. The insurers for all policies must be licensed/approved to do business in the State of Texas.
If the subcontractor is an internationaI entity and carries insurance through an international insurance company,
then the subcontractor must obtain language on their certificate of insurance confirming that its insuz-ance
policy extends coverage to operations in the United StaCes. A11 insurers znust have a minimum rating of A-
VII in the current A. M. Best Key Rating G�ude or have reasonabiy equivatent �nanc�al stre�gth and salvency
to the satisfaction of Risk Management. If the ratzng is below that required, written approval of ltisk
Management is required.
Ii insurance polici�s are not written for specified coverage limits, an Umbrella or Excess Liabiiity insurance
for any differer�ces is required. Excess Liability sha11 follow form of the primary coverage.
Unless atherwise stated, all required insurance sha11 be written on an "occurrence basis."
The deductible or seIf-insured retention (SIR) affecting required insurance coverage shall he acceptable io 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 rrtaintained through insurance pooIs or risk
retention groups, must also approved by City's Risk Manager.
City, at its sole discretion, reserves ihe right to re�view 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 statutary la�wv, court decision or the claims history of the industry as well as ofthe contracting party
io City of �"ort Worth. City shall be r�quired to provide prior notice of ninety days.
City shall be entitled, upon request and without expense, to recezve copies ofpolicies and endorsements thereto
and may make any reasonable requests for deletion or re�ision or modi�caiiqns of pat�icular policy terms,
conditions, limitations, or exciusions e�cept wk�ere policy provisions are established by law or regulations
binding upon either of paf-ty or the underwriter on any such policies.
Agreemcnt between City of Fort Worih
And Steven Parker LLC for
Preliminary Design of Universal Playground PaUlic Art Project
Page 22 of 23
Exhibit E: Sales Tax Exemption
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This �ert��'rcafu tru��� rF�i{��� � rrti,r��er�ln b�r s�SYl.
�I_�_��F� Y�c,r�ii�� T���
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Page 23 of 23
Agreement between City of Fort Worth
And Steven Parker LLC for
Preliminary Design ofUniversa! Play�round Public Art Project