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AGREEMEI�TT BETWEEI�T THE C�TY OF F4RT WORTH AI�D
AllTD JULIE R�CHEY MOSAICS, LLC FOR COMIVIISSION OF
PUBLYC ART FOR NORTH AI�i�MAL COl�TTROL
AllTD SERVICE CENTER CAl�PUS
This Agi•eement is entered into this ��h day o� MaY , 202�, by and between the City �f
Fort W�rth, a home-rule municipai corporatioz� of the State of Texas, acting by and through Fernando Costa,
its duly autk�oriz�d Assistant City Manager, and Ju]ie Richey Mosaics, LLC Iocated at 518 Wesi Davis Street
#6, Datlas, Texas 75208, acting by and through its duly auilaorized zx�anager, 7ulie Richey. City has designated
the Arts CounciI af Fort Worth and Tarrant Co��nty, Inc., io manage this Agreement on its behalf. The Contract
Manager shall act through its designated Public Art PrQject Manager.
WHEREAS, pursuant to Chapter 2, Sections 2-56 through 2-61 ofthe Fort Worth Code of Ordinances,
the For�E Worth �'ub�ic Art Progam's goals are to create an enhanced visual environment for Fori Worth
residents, to commemorate ihe City's rich cultural and ethnic d�versity, to integrate the design work of artists
inta the development of the City's capital infrastructure improverrients, and Co promote fouristr� and economic
vitality in the City through the artistic design of public spaces;
WHER�AS, City has completed work on a North Service Center and is designzng and constructing a
North Animal Control Center on a campus located at 301 Hi�lshire Drive, zzz Council District 7, utilizing funds
from the 2414 Bond Program and the 2018 Bond Pro�am;
WHEREAS, City has set aside funds to design and commission pu6lic arYJdesign enhancer►aents in
conj unction with the North Service Center and North An�mal ControI Cant�r projects allocated from the 2014
Bond Progr•am as part of the Public t�rl Plan for the 20I4 Capatal Irraprovement Program, adopted by the �'ort
Worth City Council on Octoher 21, 2014, {M&C G-18339) and from the 2018 Bond Program as part of the
Public Ari Plan for the 2018 Capatal Improvement Program, adopted by the Fort Worth City Council on
October 16, 2018 (M&C G-I9401) . The project was inc]uded in the Fort Worth Public Art Fascal Year 2021
Annuai Wo�kPlara, adopted by ihe �'ort Worth City Council September 22, 2020 {M&C 20-0678);
WHEREAS, on January 7, 2020, the City entered into a contrac# with Artist to deveIop a Final Design
based on the approved Preiiininary Design for a public art project for the Site (City Secretazy Contract No.
55140), and
WHEREAS, on December I4, 2020, the Fort Worth Art Commission ("FWAC") approved Artist's
Final Design;
WHEREAS, City and Artist wish to set out the terms and canditions under which said Work shall be
fabricated, delivered, and instalIed at ihe Site;
NOW, THEREFORE, City and Artist for and in consideration of the covenants and agreennents
hereinafter set forth, the sufi`iciency o� which is hereby acknowdedged, agree as follows:
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Agreement for Cammission of Public Artwork with �
Julie Richey Mosaics, LLC for �orth Animal Control and Service Center ��. �!'• ,
I of37
AR`I'ICLE 1
DEI'INITIONS
As used in this Ag��eement, the follawing terms shall have the m�anings as set fortY► below:
1.1. Agreement — Meazis a�zd includes ihis Agxeezzaent between the City of Fort Worth and Artist
for Commission of Public Artwork for the Site.
1.2
1.3.
Artisf — Means and includes 7ulie Richey Mosaics, LLC.
Artworl� Design -- Means t�e final, City-approved desigr� of the Work for the Site created in
connection with the Final Design Contract and includes, but is not limited to, all final City-approved rnaqusit�s,
drawings, sketches, prototypes, mocEels and the like that were created by Artist in connectian with t�e Fina]
Design Contract. `I'he design and description are attached hereto as Exhibit "A" and incorporated herein for all
purposes.
1.4.
1.5.
Inc.
z.6.
Z.7.
�lgree�nent.
1.8.
Fina1 Design Con#ract— Means and incl�des �'ort Worth City Secretary Contract No. 551�0.
Contraet Manager -- Means and includes the Arts Council of Fort Worth ar�.d Tarrant County,
Cify — Means and includes the City of Fort Worth, Texas.
Effeetive Date — Means and includes the date represettted in the first paragraph of this
�'inal Aceeptance - Means City's written acknowIedgement to Artist that all services for
fabrication, delivery, and installation of the Work have been cpmpleted in accordance with the terms of this
Agreement.
X.9.
1.I0.
Pariies -- Means and includes City and Artist.
Projeet — Means and includes the capital improvement or public art development undertaking
of City far which Artist's services are to be provided pursuant to ihis Agreement.
1.��
1.12.
Project Consulfa�►t - Means and includes PGAL.
Projeet Core Team — Means and inc�udes the group of community members, generally 5-7
individuals, who are invited by the City Council Member to provide input on the project for its duration, in
accordance with the Fort Wo�th Public Art Master Plan Update {page 23).
1.13. Project ��akeholders -- Mea�s az�d znctudes the appropriate City Councii Member(s), the
Project Core Team, the Artist Selection Panel, the FWAC's appointed representative, City staff, and others as
may be appropriate.
1.1�. Schedule - Means and includes a wrEtten plan of proced��re fo�• completion of fabrication,
delivery, and installation of tne Work, including, but not limited to, the submission of �ro�ress reports.
Agrecment for Commission of 1'ublic Artwork with
7ulie Richey Mosaics, LLC for North Animai Coatrol and Se�vice Center
2 of37
1.15. Site — Means the Means the North Animal Control and Service Center Campus at 301 Hillshire
Drive, Fort Worth, Texas, 76052, atfached hereto as "Exhibit B."
116. Work — Means and includes the finished object(s) of art and design that are ihe subject of this
Agreement, or any intermediary stage of co�npletion of such works, which specifically includes the Artwork
Design.
ARTTCLE 2
SCOPE OF SERVICES AND DELIVERABLES
2.1. Artist S�lection.
City and Artist acknawIedge that Artist's Final Design was reviewed and approved by the FWAC on December
l4, 2020, and is the basis for executing this Agreement with Artist.
2.2. Scope of Services.
a. Artist sha.11 perform alI services and shall furr�ish all suppIies, inaterials, and equipinent as necessary
foz- fabricating, delivering, and instaliing the Work at the Site. Services sha21 be performed in a
professional manner and in strict corripliance with all terms and conditions in this Agreement.
b. flrtist shall determine the artistic expression, scope, design, color, size, material, and texture of the
V�Iork, subject to review and acceptance by City as set forth in this Agreement. The location at the Site
where the Work shall be installed shall be mutually agreed upon by City and Artist.
c. Artist, upon request of Contract Manager, shall provide information and/or attend meetings with
appropriate City staff for purposes of risk assessment, safety review, sighting of the Work, and
permitting.
d. Artist shail coordinate with City staff and others, as necessary, to ensure proper installation and
i�iegxa�io�z of ihe Work inta the Srte as applicable including, but not limited to, concrete pier and pad
components as weIl as installation equipment brought onto Site.
e. U�on request of City, Artist shall consult with a qualified art conservator and shall provide written
maintenance recommendations for the Work from said conservator to the Contract Manager.
f. Artist shall participate in one public education event in Fort Worth at a�nuivally ageed upon daie and
time, to be completed within one year af th� completed installation date.
g. Artist shall install the work oz� dates and iimes mutually agreed upon hy Artist and City.
2.3. Citv Assistance.
Upon request by Artist, City sha�l promptly furnish all information and materials required by Artist to the
extent that such materials are avazIable. City, upon request by Artist, sk�a�l aiso provide cprrect scaled drawings
of the Site, if available.
2.4. E�ecution of Work.
Agreernent for Commission of Public Artwork with
Julie Richey 1Vlosaics, 1.LC for iVorth Anima] Control and Service Center
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a. Artist shall f�rnish the Schedule to the Cont��act Manager within fiifteen (15) bUsiness days after the
Effective Da#e with notice of fabrication and installa#ior� schedule. After written approval of the
Schedule by City, Artist shall fabricate, deliver, and insta�l the Work, in accordance with such
Schedulc. Schedula changes may be accomplished 6y written agreement between Artist and City.
b. City and/or Contract Manager, upon written request, shall l�ave #he right to review the Work during its
fabrication and/or req�est visual documentation qiihe fabrication. Artist shall, upon written request
by the Ciiy andlor Contract Manager, provide a written progress report detailing the progress made
toward cQmpletion of the Work and the remainder of work to be done to complete the Work. Artist
shail comply wiih any requesi made by the City and/or Contract Manager pursuant to tk�is ArticIe 2.4
withtn th�rty {30) caIendar days after receipt oithe wriiten request.
c. Artist shall comp�ete the fabrication of the Work in accardance with the Artwork Design. Artist shall
present io ihe Contract Manager, in wriiing, for further review and approval, atty changes i� the scope,
design, color, size, material, or texture of the Wark. The Contract Manager, in its dtscretion, sha11
determine whether the changes are significant and whether �e changes confarm to the Artwork
Desi�z�. If tk�e Contract Managez-, i� its sole discretion, dei�rznines that the chang;es are si�i�cant a�d
do not conform with the Artwork Design, then #he Contract Manager shall, in light of the Artwork
Design, dete�•mine whether a significant change requires City approval. If the Contract Manager
detarxrzines t�at the sig��i�carat change rec�uires City approval, then tl�e chaz�ge(s) znay be presented to
the FWAC for review and approval at a regularly scheduled or special meeting of the FWAC. If any
disputes arise thereafter, the Parties shall frst attempt to resoIve those disputes in accordance with #he
dispute resolution process set forth in Article 12 of this Agreement.
2.5. DeIivery and Installation.
a. Artist shalI notify City, through its Cor�tract Manager, in writing when fabrication of the Work is
completed and is ready fo�� its delivery and installation at the Site.
b. Artist shaIl be responsible for obtaining and paying for alI necessary permits and any required traffic
barriers appropriate for this 1'rojecf.
c. Artisi is responsible for installing a11 elements of the Work,. Artist shall cooz-dinate the installaiion of
the Work with City and Contract Manager. De�ivery and installation activities may not commence
until writ�en permission is deli�rered to Artist by the City.
d. Artist slaall be responsible ,for ali costs associated with the materials, fabrication, and fnstatIation pf
the Work, including, buf not limited to, eq�aipment rentals, transportation, and labor.
e. Should Artist complete the Work in advance of the completion of the Site, Artist shail store the Wark
at no expense to City unt�l such a time as the Site is compTeted and the Contzact Manager noti�es
Artist that instalIation �nay commence.
Agreement for Commission ofYublic Artwork with
lu[ie Kichcy Mosaics, LLC for North Animal Control and Service Center
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f. Artist, individually and through its subcontractors, including its fabricator and/or installer, shal� take
all nec�ssary pz-ecautions to proiect and preserve the integrity and fnish of ihe Site, including but not
Iimited to parking lots, driveways, pathways, and landscaping, while delivering and znstallzn� the
Work. If City determines, in its sole discretion, that Artist or Artist's subcontractors have damaged the
Site, then City shall inform Artist, in writing, of the damage. Artist, at his/tier own expense, shall have
thirty (30) days from receipt of City's written natice to repair the damage to the Site to the satisfaction
of Ciiy. If Ariist fa�ls to repair the damages to the satisfaction of City within thirty (30) days after
receipt of the notice, or within the deadIine otherwise a�eed to by ihe parties, t�en City shall have the
right to deduct the cost of repairs from any remaining payment due to Artist under this Agreement,
which shall be in adc�ition to any and all other r��ts and remedies available to City at law or in equity.
g. Artist shali provide Ca Contract Manager wzitten znstz-uctzons for appropriate mainienance and
preservation of the Work on the form attached hereto as Gxhibit "C" {Technical and Maintenance
Record). `I'he appropriate mainienance and preservation instructions shall not be substantially different
from the maintenance and preservation anticipated and conveyed to City for ihe Work in the iinal
design phase far the Work.
2.6. Post-insta�lation.
a. Wifhin thirty (30) days after the installation oftlie Work, Artist shaxl funrzish Contract Manager with a
set of at least ten (10) high-resolution digital images (.tiff format) and ten (IO) ]ow-resolution digital
images ( jpeg format) showzng each element of ihe Work, incIuding detail shots, with at least five (5)
of these images showing the Work installed, as selected by Contract Marzager, to docui�ent the Work
after the Woric is installed.
6. Artist shall zx�a�e her best effort to be available at such time(s) as may be set by the City to attend any
inauguration or presentation ceremonies, in person or vza video co�ference, relating to the transfer of
t�e Warkto City. City shalI use its best efforts to arrar�ge for publicity for the completed Work in such
art publications and oth�rwise as may be determined between City and A�•tist as soon as practieable
following installation.
c. For the duration ofthe Agreement, if Artist intends to seek its own p«blicity for the Work, such efforts
and/or press releases must be approved, in advance, by City.
2.7. Final Acceptance.
a. Artist shall notify City and Contract Mana�er, in writing, when all services for fabrication, deIivery,
and insiallation of the Work have been completed in accordanc� with the terms of this Agreement.
IncIuded in such r�otice from Artist shall be an afiidauit, attached h.ereto as Exhibit "D" (Af�davit),
Agreement for Commission o£Public Arlwork with
Julie Richey Mosaics, LLC for North Animal Control and Scrvice Center
5 oi37
certifyin� that a11 bills relating to services or supplies used in the per%rmance of this Agreement have
been paid.
b. City shall notify Artist in writing of its F�nal �lcceptance of the Work.
c. Final Acceptance shall be effective as of the earlier ta occ�u- of (1) the date oi City's notification of
Final Acceptance; or (2) the 35th day after Artist has sent the wriften notice to City required under this
Section 2.7, �nless City, upon receipt of s�ch notice and prior tq the expiration of the 3S-day period,
gives Artist written notice specifying and describing anything that has not been completed pursuant to
t11is Agreement.
2.8. Ris� of Loss.
The risk of loss or damage to the Work shall be borne by Artisf prior to completed artwork instaIlatian, and
Artist shall take such ineasures as are necessary to protect the Work from loss ar da�nage until this time,
inctudrng, but not limited to, the purchase o�property �oss insurance, except that tlae risk of Ioss or datnage
shal] be borne by Cify prior to comp�eted artwork installation diu•ing such periods of time as the partially or
vvholly completed Wark is in the custody, control or supervision of City or its agents for the purposes of
moving, storin�, or performing any other ancillary services to the Work.
ARTICLE 3
COMPENSATION AND PAYNIENT SCHEDULE
3.1. Compensation.
Tatal corr►pensatian to Artisi under the Agreement sl�ai] be in an amouni nat to exceed THREE HUNDRED
TWENTY THOUSAND FOUR HUNDRED FIFTY FIV� DOLLARS AND NO C�NTS ($320,455.00),
which shalI constitute full compensation for all services to be perfo�•med and materials to 6e f�rnished by Artist
under this Agreea�ezzt, includi�g;, but not ]i�nited io, mock�ups, fabrieation, transpqrtation, installation, a
remaining Artist's fee of $14,786.00, insurance, incidental costs, a contingency oi` $65,455.00, all travel
expenses, and any other costs associated with the Work. The Parties may amend this Agreement to allow for
acfditional payment if additionaI services are required.
3.2. Payment Schedule.
City agrees to pay Aztist in the followzng instalinrzents set farth belaw, each installr�ent to represent full and
fi�al, non-refundable payment for all services and materials provided prior to the due daCe thereof:
a. NINETY THOUSAND DOLLARS AND NO C�NTS ($90,000.00) upon execution of ihis
Agreement, so thai artist may ma�e down payrnez�ts to subcor�tractors to begin �abricatiox�.
b. SEVEN THOUSAND T73REE HUNDR�D SEV�NTY-FIVE DOLLARS AND NO
CENTS ($7,375.00) upon Contract Manager's verification that the adoption center mural
component is installed.
Agrecment for Commission of Public Artwork with
Julie Richey Mosaics, LLC Cor Norih Animal Control and Scrvice Center
G of37
c. FIFY THOUSAND DOLLARS AND NO CENTS f$SO,OOO.UO) upon Contract Manager's
verification tl�at fabrication of the three-dimensional scuipture substrates are i QD% complete.
d. TWENTY-TWO TH4USAND DOLLARS AND NO CENTS L$22,0OO.�p) upan Contract
Manager's verifcation thaf fabrication of the two-sided steel sculpture substrates are 100%
complete.
e. ��k'TEEN THOUSAND D�LLARS AND NO CENTS �$15,000.00) upon Contract
Manager's verification that fabrication of the gabion plintUs are I00% co�nplete.
f EYGHT THOU�AND DOLLARS AND NO C�NTS {$g,400.00} upon Contract Manager's
verification that the gabion plinths and mosaic components at campus entry are installed.
g. FOURTEEN THOUSAND FIVE HUNDRED DOLLARS AND_NO CEN_T__S_($I4s500.d�
upan Contract Manager's verificatian tl�at the rnosaics inside the adoption center are insta]ied.
h. FOURTEEN TH�USAND FIVE HUNDRED DOLLAR� AND NO CENTS (�14,500.00)
upon Contract Manager's verification that the two-sided sculptures at the veterinary center are
installed.
FOURTEEN THOUSAIVD FIVE HUNDRED DOLLARS AND NO CENTS ($1�4,SOU.00)
upon Contract Manager's verif�catior� that the tl�ree-diinensionai dog sculpture at the adoption
cenier is installed.
j. TEN THOUSAND DOLLARS AND NO CENTS ($10,000.0a) upon Contraci Manager's
verification that the three-dimensional cat sculpture at the adoption center is installed.
�. N�NE THOUSAND ONE HUNDRED TWENTY-FNE DOLLARS AND NO CENTS
($9,125.00) within thirty-fve (35) days af�er Pinal Acceptance and receipt by City oi such
documentation it may require concern�ng payment of services and supplies rendered to Artist
{see Article 2); provided, hovs+ever, that final deli�very shall not be tendered prior to the
expiration of thirty (30) days after Fina� Acceptance.
City ma.y pay Artist contingency fi�nds in an amount up to SIXTY-FNE THOUSAND
��UR HUNDRED FIFTY-FIVE DOLLARS AND NO CENTS ($65,455.00} for
engineering and consu]ting and for costs associated with the Wark that are incurred by the
Artist due to �nforeseen changes in �naterials, fabrication or installatioil costs, including an
administrative fee of �fteen percent {�5%}. Such payment wiIl be made upon (i) receipt of
supporting documentation by the Contract Manager from the ArtisC and {ii} approval by the
Contract Manager of the additional costs. Any unused contingency funds shall remain with
the City.
3.3. SaIes Taxes.
Agreement fbr Coinmission of Public Artwork with
Julie Richey Mosaics, LLC forNorth Anima! Control an[E Service Cei�ter
7 of 37
City is a tax-exempt organization and no state or loca] sales taxes or federal excise taxes shall be due upon the
Wqrk. Ciiy shal� supply Artist with the "Texas Certifcate of Exemption," in substantially the same form as
that attached hereto as Exhibzt "E" for use by Artist in the ful���ment af this Agreement.
3.4. Artist's Expenses.
Artist sk�all be responsible for the payments of all expenses incurrecE during the performance of this Agreement,
including, but not limited to, services, materials, mailing/shippzng c�axg;es and insurance on su.bmissions to
City and/or Contract Manager, cost of a1I travel, and costs for Artist's agents, consultants, and/or employees
nec�ssa�ry for the proper perfortnance of the services required under this Agreement.
ARTICLE 4
TERM AND T1ME OF P�Itk'ORMANC�
4. L Term.
This Ag�ree�aaent shall be in effect from the Effective Date, and, unless terminated earlier pursuant to st�ch
provisions in this Agreement, shall extend �ntil fnal payment to Artist by City.
4.2. Duration.
The services ta be required of Artist sat fort� in Artic�e 2 shail be completed in accordance with the Schedule;
provided, however, such t�me limits may be extended or otherwise rnodified by written agree�nent between
Artisl and City.
4.3. Earl.�pi.etion of A�'tist Services.
Artist shaii bear any transportation and storage char�es incuixed fro� tk�e completion of his or her services
prior to the time provided in the scheduIe for delivery.
4.4. Time Extensions; Farce Majeure.
City or Artist, as appropriate, shall grant a reasonable extension of tizne to the oiher party if conditions beyond
the parties' control or Acts of God, flood, riot, civii insurrection, labor strikes, or orders ofi Iocal or federal
government render timely perforxnance of the par�ies' services impossible or unexpectedly burdensome. The
party suffering the impossibility or burdensome conditions must infonn the other in writing witl�in ten (l0)
days of the onset of such performance delay, specifying the reasons therefore. Failure to fuliill contractual
obligations due to conditions beyozzd either party's reasonable control shall not be considered a breach of this
Agreement; provided, hawever, that such obligations shall be suspended oniy fpr the duration of such
conditions.
ARTICLE 5
WARRANTTES
S.I. Warranties of Tille and Co�vri�
a. Artist represents and warrants that:
i. Artwork Desi�;n and Work shall be the original p�•oduct of Artist's sole creative efForts.
Agrecment for Commission of Pu6lic Artwork with
Julie Richey Mosaics, I�I.0 for ]Vorth Animal Control and Service Center
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ii. Artwork Design and Work are and will be unique and originaI, and do nat infringe upon any
copyright or the rights of any person or entity;
izz. Artwark Design and Work (or duplicate thereof} have not been accepted far sale eIsewhere;
iv. Artist has not sotd, assigned, transferred, �icensed, granted, enc�mbered, or util�zed the
1�rtwork Designs or Wark or any element thereof or any copyright related thereto that znay
affect oz- zxnpair the righis granted pursuant to this Agreement;
v. Artwork Designs and WQrk are free and clear of any liens fro�m any source whaisoever;
vi. Artist has the full power to enter into and perform this Agreement and to make the grant of
rights contained in this Agxee�nnent; and
vii. All services performed hereunder sha11 be perfornrzed in accordance wiih all applicable laws,
regulations, ordinances, etc., and with all necessary care, skill, and diligence.
5.2. Warranties of Quality and Condition.
a. Artist represents arid warrants that all work will be performed in accordance with professional
"workmanlike" standards and free from defective or inferior materials and workinanship (includin�
any defects consisting of "inherent vice," ar q�alities that cause or acce2erate deterioration of the
Work) for one (1) year after the date of Final Acceptance.
b. Artist represents and warranis that the Work and the materials used are nat currentIy known to be
harmful to public health and safety.
c. Tf, within one (1) year after Final Acceptance, City abserves any breach of warranty described in this
Article 5.2 that is curable by Artist, City shall give written notice to Artist of such breach with
reasonable promptness. Artist sha�l, ai the request of City, cure the breach satisfactorily and consistent
with professional conservation standards (in accordance wiih the A�aaerican Institute oF Conservation
(AIC) Code of Ethics and Guidelines for Practice) and/or construction standards, including, but not
limited to, any standards set forth by City, within tl�irty (30) days after receipi of the rvritten notice, at
no expense to City.
d. If, within one (1) year after Final Acceptance, City observes any breach of warranty described in this
ArticIe 5.2 that is nat curable by Artist, Artist is responsible for• reimbursing City for damages,
expenses, and losses incurf•ed by City as a result of the breach. Howe�er, if Artist disclosed the risk
of ihis breach in tl�e proposal and City accepted that it may occur, it shall not be deemed a breach for
purposes of this Article 5.2.
e. If, after one (1} year from Final Acceptance, City obse�rves any breach of warranty described in this
Article 5.2 that is curable by Artist, City shall give written nofice to Artist to make or supervise zepairs
or restorations at a reasonable fee durzxzg Artist's lifetime. Artist shall notify City, in writing, within
thirty (30) days after receipt of the notice as to whether Artist will make or supervise the repairs or
Agreement for Cammission of Public Ariwork with
Julie Richey Mosaics, LL.0 forNorth Animal Confrol and Service Center
9 of 37
restorations. Should Artist fail to responcE within the thirty-day (30) deadline or be unwiiling to accept
reasonable compensation under the industry standard, City may seek the serr�ices of a qualified
restorative conservator and maintenance expert.
f. Acceptable Standard of Display. Artist represents and warrants that:
i. General routine cleaniz�g and repair of the Work and any associated working parts andbr
equipment will maintain the Work within an acceptable standard of publ�c display.
ii. �'oreseeable exposure to the elements and gene�•al wear and tear will cause the Work to
experience only minor repairable darnages and wiIl r�ot cause tk�e Woz-k to fall below an
acceptable standard of public display.
iii. With general routine cleaning and repair, and within the context of fo�•eseeable exposure to
the elements and genez-al wear and tear, t�e Work wil� not experience irreparable eqnditions
that do not fall within an acceptable standard of public display, inc�uding, but not limited to,
mold, rust, fracturing, sfaining, chipping, iearing, abrading, and/or peeling.
iv. Manufacturer's Wanranties. To tlae exte�nt the Work i�cprporates products covered by a
manufacturer's warranty, Artist shall provide copies of such warranties to City.
g. The foregoing warranties are conditional and shaIl be voided by the failure of City to maintain tile
Work in accordance with Artist's speciticaiions and the applicable consezvation standaxds. If City
fails to maintain the Work in good condition, Artist, in addition to other rights or remedies Artist may
have in equity or at law, shall have the right ta disown the Work as Artist's creation and request tha#
all credits be removed from ihe Work and reproductzons thereof until the Work's cond.ition is
satisfactorily repaired.
ARTICLE 6
TNSUR�INCE 1-1ND 1NDEMNITY
6.1. Genei•al.
Artist shall carry insurance as set out in Exhibit "F," which is attached hereto and incorporated herein for all
�urposes. Evidence of required insurance shall be submitted to the Contract Maiaager prior to installation af
the Work on City properly. However, if any pa�rt ofthe fabricatiozz process wilI be cond�acted an City praperty,
then Artist shall submit evidence of required insurance #o the Contract Manager prior to performance of that
work. Evidence of subsequent renewals of said insurance is req�ired until City has tal�en possession of the
Work. Except as pro�ided in Section 2.8 hereof, 1�e risk of damage to or loss of the Work shall, during
fabrication and instaIlation but priar to Final Acceptance, sha11 be soleIy that of I�rtist. This risk shall transter
to Czty and sY�al1 no longer be ihe responsibility of �rtist upon Final Acceptance.
6.2. Performance Bonds.
Artist shall not be required by City to post any perfarmance bonds or similar undertalcings.
�lgrccment for Commission of Yublic Artwork with
Julie Richey Mosaics, LLC for Norll� tl,nimal Conlrol and Service Center
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b.3. GeneralIndemnitv.
a. ARTIST COVElVANTS AND AGR��S TO AND DOES HEREBY �NDEMNIPY, HDLD
HARMLESS, AND DEF�ND, AT ITS OWN EXPENSE, CITY FROM AND AGAINST ANY
AND ALL CLAIMS, LAW�UITS, JUDGMENTS, ACTIONS, CAUSES OF ACTION, LIENS,
LOSSES, EXPENSES, COSTS, TEES (INCLUDING, BUT NOT LIMITED TO, ATT�RNEY'S
�EES AND COSTS UF D�F�NSE), PROCEEDINGS, DEMANDS, DAMAGE�,
LIABILITIES, AND/OR SUITS OF ANY K�ND OR NATURE, INCLUDING, SUT NOT
LYMTTED TO, THOSE FOR PROPERTY LOSS (INCLUDING, BUT NOT LIlI�IITED TO,
WORKERS' COMPENSATION ACT LYABTLYTY, LOST PROFITS, AND PROPERTY
DAMAGE} AND/OR PERSONAL INJ U[RY (INCLUDING, BLTT NOT L�MTTED TO, DEATH}
TO ANY AND ALL PERSONS, OR OTHER HARM FOR WHICH R�COVERY O� DAMAGES
IS SOUGHT, O� WHATSOEVER KTND OR CHARACTER, WHETHER REAL OR
ASSERTED, ARISING OUT �F OR RESULTTNG FROM ANY ACTS, ERRORS, OR
OMISSYONS OF ARTIST ANDIOR ARTIST'S SUBARTIST AND CONTRACTORS AND
TH�IR RESPECTIVE Ok'F�CERS, AGENTS, EMPLOY�ES, DIRECTORS, MEMBERS,
PARTNERS, AND REPRESENTATIV�S IN CONNECT�ON WI7'H THE EXECUTYON,
PERFO�lMANCE, ATT�MPTED PERFORMANCE, OR NONPERFORMANCE OF THIS
AGREEMENT.
b. Artist agrees to and sha11 release City from any and all liabi.iity for injury, deafh, damage, or loss to
persons or property sustained or caused by Artist in connection with or incidentaI to performarzc� ux�der
this Ay-eement.
c. Artist shall require ai] of its subcontractors to include in thezr subcontracts a release and indemnity in
favor of City in substantialiy the same form as above.
6.4. Inte�lectual Propert�
Artist agrees to assume full responsibility for complying with all State and Federal Copyright Laws and any
other r�gulations, including, bui not limited to, the assumption of any and all responsibilities %r paying
royalties that are due foi• the use of oCher third-party copyrighted worlcs by flrtist. City expressly asswnes no
obligaiions, irnplied or otherwise, regarding payment or collection of any such fees or fnancial abligatians.
City specifical�y doss not authorize, permit, or condone the reproduction or use of copyrighted materials by
Artist without the appropriate licenses or perrnission being secured hy Artist in advance. IT IS FURTHER
AGREED THAT ARTIST SHALL R�LEA�E, DEFEND, INDEMNIFY, AND HOLD HARMLESS
CITY FROM AND AGAYNST ANY AND ALL CLAIMS, LOSS�S, DAMAGES, ACT��NS, OR
EXPENSES OF EVERY TYP� AND DESCR�PT��N, INCLUDYNG, BUT NOT LIMITED TO,
ATTORNEY'S �'EES, TO WHICH THEY MAY BE SUSJECTED ARISING �UT OF CITY'S USE
Agreement for Commissian otPublic Artwork with
Julie Richey Mosaics, LLC foe North Animal Control and Service Ce�ter
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OR POSSESSION OF THE WORKS BY REASON OF AN ALLEGED OR ACTUAL COPYRIGHT
VIQLATIQN OR OTHER LACK OF OWNERSHIP, AUTHORSHTP, OR ORYGiNALYTY. City
expressly assumes no obligation to review o�• obtain appropriate licensing and all such licensing sha11 be the
exclusive obligation of Artist.
ARTICLE 7
OWNERSHIP AND INTELLECTUAL PROPERTY RIGHTS
7.1. Title.
Title to the Wor�, inctuding, but r�ot l.im�ted to, all documents, models, and drawings that constitute or are
components of the Artwork Design and/or Work shall pass to City upon Fina1 �icceptance and payment for the
Work. These documents, models, and drawings will 6e retained for archival ar�d e�ibition purposes. Artist's
Artwork Des�gn and Work and aII other work products under tl�zs Agxeernent sk�all becorzae tl�e proper�y of
City, without restriction on future use, except as provided betaw.
7.2. Co�,vri�ht Qwnershi�
Ar�ist retains all rights under the Copyright Act oi 1976, 17 U.S.C. ,Section l01 et seq., as ihe sole author of
the Wark for t1�e duration of the copyright.
7.3. Re�roduction Rights.
a. In view of the intention that the Artwoz-�C Design and itae Work be ur�ique, Artist shall not ma3ce any
additional exact duplicate reproductiQns of the Artwork Design or the Work, nor shall Artist grant
permission to other•s to do so e�ce�t with the express written permission of City. However, r�oti�ing
herein shall prevent Artist from creating future artwor�Cs in Artist's manner and style of artistic
expression.
b. By execution of this Agreement, Artist grants to City an exclusive, perpetual, royaIty free, and
irrevocable license to �aphically depict and publicly display t�ae Artwork Design and Work fqr any
non-commercial purpose whatsoever. Far purposes of this Iimita#ion, any gr•aphic depiction or display
of the A�twork Designs or the Work intended to promote or benefit City, its pubIic services or its
public purposes, regardless of whether or not a fee is charged to the public, or wheiher revenue is
otherwise received by City, shall be deemed a nan-commercia] purpose. Notwithstanding the above
limitation, Artist agrees and understands that nothing in this para�raph shali afFect or limit City's
absolute, unrestricted ri�hts incidental io City's filll ownershrp of the Wark to alter, change, modify,
destroy, remove, move, replace, operate, tnaintain, transport, se�l or transfer, in whole or in part, the
Work when City deems it necessary within its discretion, in order to otherwise exercise City's powers
and responsibility in regard to pub�ic works and improveanents, in furtk�eranee of City's operations or
for any other reason.
AgreemcnY for Gommission ofPublic Artworkwith
7u�ie Richey Mosaics, LLC for NorEh Animal Contro] and Service Ce�ter
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c. All reprod«ctions by City shall contain a credit to Artist and a copy�right notice substantially in the
following form: "c0 date, Artist's name."
d. Unlass notifiecE otl�erwise by City, Artist shall use Artist's best efforts in any public showing or resume
use of reproductions to give acknowledgment to City in substa�tzally the following form: "an original
artwork cornmissioned by and in the public art coliection of the City of Fart Worth, Texas."
e. Artist may, at Artist's exp�nse, cause to be regisfered �x+ith the United States Register of Copyrights, a
copyright in the Work in Artist's name.
f. City is nqt responsible for any third-party infringement of Artist's copyright and not responsible for
protecting the inteilectual property rights of Artisi.
ARTICLE 8
ARTIST'S RIGHTS
8.1. ldentification.
Contract Manager shall include credit to Artzst on the Fort Worth Public Art website {www.fwpublicart.or�,)
and facilitate the design, purchase and installation of a permanent plaque at the siie.
$.2. Maintenance.
City recognizes #hat mainienance of the Work oz� a regular basis is essential to the integrity of the Work.
City shall reasonably assure that the Work is properly maintai�ed and protected, taking into account the
maintenance instructions provided 6y Artist in accordance with Section 2.5 and Exhibit "C."
8.3. Repairs and Restoration.
a. City shall have the right to determine when and if repairs and restoratrans to the Work will be macEe.
h. Ali repairs and z-estorations shall be made in accordance with recognized conservation standards {in
accordance with the Americaz� institute of Conservation (AIC) Code of Ethics and Guide]ines for
Practice) and/or canstruction standards, including, bui not tizx�ited ta, any standards set forth by City.
c. When emergency repairs are necessary to prevent the ]oss of or further damage to the Wo��k or to
prevent risks to the public, such repairs shall �ae undertaken or arranged by City as appropriate and
such repairs sha11 not be deemed to constituie artistic alteration.
8.4. Alteration pf the Work or of the Site. •
a. City agrees that it will not w�llfuliy destroy, darnage, or modify the Work, except as provided in
ArticIe 8.4(b) and 8.4(c) beiow.
b. In the e�ent that tk�e City determines the Site will be altered, sold, or no longer used by City and Che
Work is integrated inio a bui�ding, structure or realty, City sha1I ha�e the right to remove the Work by
any means, including destruction. Ciiy may give Artist written notice of its intent to take such action
ur�der tl�is Article 8.4.
Agreement for Commission oP Public Artwork with
Julie IZichey Mosaics, LLC for North Ani�nal Confro[ and Service Center
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c. In the event that the City determines the Site will be aftered, sold, or no longer used by City and the
Work is freestanding, or incorparated inta a building, structure or realty such that it may be removed
wit�out damaging or destrpying the Wor•k or the buiIding or structure, City at its sole discretion may
relocate, sell, or store the Work. IiCity chooses not to relocate, sell, or store ihe Wo�rk, Artist may be
given written notice and ninety {90) days to remove the Work at his or her sole expense. Upon �rtist's
faiiure to re�ove tk�e Work, City shall have the right ta remove and dispose of the Work by any means,
including its destruction.
d. Tn ihe event the Work is substantially da�naged or aitered, Ci�ty shall no longer represent the Wark as
that of Artist if Artist gives wz�itten notice to City ihat it is the posiiion of Artist to deny authorship on
the grounds stated in this �irticle 8.4.
e. City shall, at all times, have the right to �nove the Work, or remove it from public display. City shall
also have the right to sell or trade the Wark.
8.5. Permanent Record.
City shall maintain on permanent �le a record of this Agreement and of the location and dispasition af the
Work.
8.6. Artist's Address.
Artist shall notify City of changes in the address set forth in Article 15. Tl�e failure to dQ so, if such failure
prevents City irom locating Artist, shall be deemed a warver by Artist of the right subsequently to enforce
these provisions of Article 8 ti�a# require the express approval of Artist. Notwithstanding this provision, City
sYzall make every reasonable effort to locate Artist when matters arise relating to Artist's rights.
8.7. Additional Ri�?hts and Remedies.
Notl�ing contained in this Article 8 sha11 be construed as a limitation on such other riglats and remedies available
to Artist under the Iaw, which may now or in the future he applicable.
ARTICLE 9
AR`I'IST AS AN INDEPENDENT CONTR�ICTOR
Artist shall perform alI wark and services hereunder as an independent contractor, and not as an offzcer, agent,
servanf or employee of City. Artist shall have exclusive control of, and the excl�sive right to contt�ol the details
of the work performed hereunder, and all persons performing same, and shall be soleIy responsible for the acts
and omissions of his/l�er officers, agents, employees, and subconiractors. Nothing herein shall be construed
as creating a partnership or joint �venture between City and Artist, his/her officers, agents, employees and
subcontraciors, and doctrzne of respondent superior has no application as between City ar�d Artist.
ARTICLE 1 Q
SUBCONTAACTING
Ar�ist may subcontract portions ofthe services to be provided hereunder at Artist's expense, pz-ovided that said
subcontracting shall not adversely affect the design, appearance, or visual quaIity of the Work and shall be
Agrecment for Commission of 1'ublic Artwork with
Julie Richey Mosaics, LLC for North Animal Control and Service Center
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carried out under the personal supervision of Artist. Any subcontract entered into under t�ais Agreement shall
be expressly subject to the applicable terms ofthis AgreemenC, including, but not limited to, all indemnification
and release provisions. �irtist shail provide information regarding all subcontractors, including its fabricator,
along with a copy oithe subcontract between Ariist and eack� subcontractor to the Coniract Manager.
ARTICLE I1
TERMINATION
Z 1.1. Gratuities.
City �aay can.cel ik�is Agreement if it is found thaf 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
oi any determinations wzth respect to tkais performance of this Agreement. Tn the event this Agreement is
canceled by tlie City, purs«ant to this Article 11.1, City shall be entitled, in addition to any other rights and
renrzed�es, io recover frorn Artist a sum equal in amount to the cost incurred by Artist in providir�g s�Ech
gratuities.
11.2. Death or Incapacit,y of Artist.
a. In the event of Artist's death or Artist becoming physically or ]egally incapacitated during the terrr� of
th�s Agreenrient, City sha]I have the right to ter•minate this Agreement on payment to Artist or Arttst's
successors for all work and services performed prior to death or incapacity. All wark product produced
by Artzst, including, but not limited to, finished and unfinished drawings, sketches, photographs,
models, and designs, up to the ef%ctive date of terznination s�aali become properEy of City.
b. In the event of terrriination under this Article 11.2, City shall have the right to co�a�p�ete the Work, if
feasible. Due regard shall be made for Artist's intended results and proper credit and
acknowledgement shall be givez� to Artist. This provision shaI� surr�ive the termination or expiration
of this Agreement.
11.3. Termination for Convenience.
a. The services to be perfor�aed under this Agreerr►ent may be ter�ninated by either party, subject to
written notice submitted thirty (30) caiendar days before termination.
b. If the tezmi�ation is for the convenience of City, City shall pay Artist for services actually rendered up
to the effective date of tertnination in accordance wzth the payment schedule in Section 3.2 of this
Agreement as determined in City's sole discretion, and Artist shali continue to provid� the City with
services rec�uested by City and in accordance with this Agreement up to the effective date of
termination. Upon payxnez�t zn full of a�l mpnies due for services provided up to the effective date of
termination, City sY►a11 have the right, in ifs sole discretion, to possesszor� and transfer of aIi wark
AgreemenE for Cammission of Public Artworle with
Julie Richey Mosaics, LLC for No�th Mimal Control and 5ervice Center
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prod�ct produced by Artist underthis Agreement, including, but not limited to, finished and unfinished
drawin�s, sketches, photogaphs, rnodels, d�sigras az�d tlae Work up to the effective date aftermination.
c. If termination is far the convenience of Artist, City shall have the right, in its sole discretion, to pay
Artist for services acivally rendered rip to the e�Fective date of termination in accordance with Section
3.2 of this Agreement or require the Artist to re�nit to City a sum equaI to all payanez�ts (if any) made
to the Artis# pursuant to this Agreement prior to the effective date af termination, as determined in
City's sole discretion. If City chooses tq pay Artist, then all work product prod�ced by Artist under
this Agreement, including, but not limited to, iinished and uniinished drawings, sketches, photographs,
models, designs, the Wark up to the effective date of termir�ation sl�all become property of Ci#y.
d. If tenmir�ation is by muival agreement of the Parties as set forlh in Section 11.4.a, then City shall pay
Artist per the payment schedule in Section 3.2 as determined in City's soIe discretion up thtaugh the
date of termination. City shall have the right to possessian and transfer of al] work product produced
by Artist under this Agr�enriant, i�cluding, b4rt not limited to, frnished and unfinished drawings,
sketches, photographs, modeis, and designs, up to the effective date of terxxzinaiion.
11.4. Terx�azz�ation foz Cause.
a. If either party to this Agxaerrz�nt shalI faiI to ful�ll their obligatians in accardance vvith the terms of
this Agreement, ar otherwise violate any of the covenants, agreements, or stipulations material to t�is
Agreement, then the �arties sha�l first attempt to resolve any disputes arising from this Article 11.4 in
accordance with the dispute resolution process set forth in Article 12 qf this Agreement. Tf the Parties
cannot resolv� the dispute(s), t�ren the disputing party shall thereupon have the t�ight to terminate this
Agreemeni upon lhe delivery of a written "Notice of Termination" specifying the grounds for
tertnination. Termination of tk�is Agreement under this Article 11.4 shall not relieve the party in default
of any liabiIity far damages resniting from a breach or a violation of the tez-rns of this Agreement.
b. If Czty terminates tl�is Agreement pursuant to this Article 11.4, then City shall have the right to
complete the Work in accoxdazzce with the Artwork Design, vtrhich shall be in addition ta any and all
other rights and remedies avai]able to City at 1aw or in equity. If City exercises its right to conaplete
t�e Work, then, notwithstanding anything to the contrary:
(1} titIe to the Artwork Design, Work, azzd all other wprk product under fhis Agreement a�d
any prfor agreement for the Work, including, but not Iirnited to, all documents, models, and
drawings ihat constitute or ar� components of the Artwork Design and Work, shalf pass to
City and becoz�e the property of City, without restriction on future use, im�nediately upon tl�e
City's exercise af its right to complete the Work;
(2} Artist sl�all forfeit any and all rights to the Artwork Design, Wark, and a11 other work
product under this Agree�e�t and/or any prior agreement for the Work, including, but not
Agreement for Commission af Public Artwark with
Ju[ie Richey Mosaics, LLC for North AniEnal Control and Scrvice Center
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Iimited to, those stated under Articles 7(Ownershtp and IntellectuaI Property) and 8(Artist's
Rights) af this Agreement;
{3) Artis� automatically sells, assigns, and trans�ers io City, the entire ri�ht, title, and intez�est
in and to the Artwork Design, Work, and all other work product under this Agreement or any
prior agreexx�ent for the Work that the Art�st has under the Copyriglat Aet of 1976, 17 U.S.C.
55 10] et. seq., and a11 the rights and privileges appertaining thereto, including, without
limitation, the exclusive right to reproduce, prepare derivative warks based upon, distribute
copies to the public as well as display said Artwork Desig� and Woz-�, ihe same to be held and
employed by City for City's own benefit and use and for the beneft and use of City's
successors, assigns, and legaI representatives forever;
(4) Artist shall hava no copyrig�at or other property inierest in the Artwork Design, Work, or
any other work product under this Agreement and any pi•ior agreement for the Work; and
{5) Artist, pursuant to this Article 1 i.4, herehy acknowledges the rights of aitrtbution and
intagrity confezxed by Section I06A{a} of Title l 7 of the U.S. Code, (as amended or as it may
be amended in the future) Titled "Visual Artists Rights Act," and any other right of the same
nature granted by U.S. federal, state, or foreign laws, and of his/her own free act hereby waives
such rights with respect to any and all uses of the Artwoz-k DEsigxi, Wozk, and all other work
p�•oduct under tl�is Agreement and/or any prior agreement as a pubtic artwork. Nothing in this
Article 11.4 shall affect the survival of the ArticIes outlined in Article 14.16 of tl�is Agreement,
which shall remain in full forc� ax�d effect upon termination oftl7is Agreement.
ARTICLE l2
➢ISPUTE R�SOLUTION
a. If either Artist or City has a claim, dispute, or other matter in question for breach of duty, obfigations,
services rendered or any warranty that arises under tkzzs Agreennez�t, 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 s.pon as practicable ai�er discovering the claim, dispute, or breach. The notice shall state the
nature of the dispute and list the party's specific reasons �or sucla dispute. Within ten (10} business days
of receipt of the notice, both parties sha11 make a good faith ef�ort, either through emaii, mazl, phone
conferan.ce, in person meetings, or other reasonable means to resoIve any claim, dispute, breach, or other
matter in question that may arise out of, or in connection with this Agxeenasnt.
b. If the Parties fail to resolve the dispute within sixty (60) calendar days of the date of zec�ipt of the notice
of the dispute, then the Pa.rties shall submit the matter to �nediation in accordance with Chapter 154 of the
Texas Civil Practice and Rernedies Code and Chapt�r 2009 of t�ae Texas Government Ca�e, then in effect.
Request for mediation shall be in writing, and shal] request that the mediation commence not less than
Agrcement for Commission of Yublic Arh�ork with
]ulie Richey Mosaics, LLC for North Anima! Control and Service Center
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fifteen (15) or more than forty-five {45) calendar days faIIowing the date of request, except upon
Agreement of the Parties. In the event City and Artists are unable to agree to a date far the mediation or
to the identity of a mutually agreed inediaior within thirty (3Q} ca]endar days fol�owing the date of the
request for mediation, then a11 the conditions precedent in this article shall be deemed to have occurred.
The Parties shalI share the mediatar's fee and any filing fees equally. Venue for any �nediation or lawsuit
arisin�; ��nder this Agreernent shail be in Tarrant County, Texas. Any agreez�r►ent reached ia �nediation
sha11 be enforceable as a settlement agreement in any court having jurisdiction. No pravision of this
agreement shall waive any immunity or defense. No provision of this Agreement constitutes consent to
sue. If the Pa.rties cannot resolve ths dispute through mediation, then either pariy shaII have th� right to
exercise any and a11 remedies available under law regarding the dispute. (See �irticle 11.4)
ARTICLE 13
EQUAL OPPORTUNITY
a. Artist sha11 not engage in az�y unlawful discriznination basec� on race, creed, color, national orzgin, se�,
age, religion, disability, marital status, citizenship status, sexual orientation or any other prohibited
criteria in any employment decisions relating to this �lgreement, and Artist represents and warrants
that to the extent required by applicable laws, it is an equal opportunity emplqyer and shall comply
with all applicable laws and regulations in any employment decisions.
b. In the event of Artist noncompliance with the nondiscrimination cIauses of this Agreement, this
Agreexn�nt znay be canceled, ter�x�i�nated, or suspended in w�tole ar tn pa�t, and Artist rnay be debarred
from further agreements with City.
ARTICLE 14
MISCELLANEOUS
14,1. Compliance.
Artist shal� comp�y with all I'ederal, State and City sta�utes, ordinances and regulations applicable to the
performance of Artist services under this Agreement.
14.2. Entire A�reez�ent.
This writing embodies the enii��e agreement and understanciing between the Partzes la��eto, and tl�ere are no
other agreements and understandings, oral or written, with reference to the subject matter hereof tha# are not
merged herein and superseded hereby.
1�€3. Amendments.
Na a.lteration, cilange, moclification or amendment af the terms of this Agreement shall be �alid or effective
��nless made in writing and srgned by both parties hereto and approved by appropriate action of City.
14.4. Waiver.
Agreement for Commission of Public Artcvork with
7ulie Richey Mosaics, LLC for North Animal Contro] and Service Center
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No waiver of performance by either party shall be construed as qr operate as a�cn+aiver of any subsequent default
of ax�y terms, covenants, and conditions of tk�is Ageexnent. The payzzaent or acceptaz�ce of fees for any per.iad
after a default shall not be deeined a waiver of any rigi�t or acceptance of defective performance.
14.5. Governin� Law and Venue.
Iiany action, whether real or asserted, at iaw or in equity, arises on the basis of any provision of this Agxeemeni,
venue far such action shall lie in state caurts iocated in Tarrant Caunty, Texas or the United S#ates District
Court for the Northern District af Texas — Fort Warth Division. This Agreement shall be construed in
accordance with the laws of the State of'Fexas.
14.6. Successors and Assi n�s.
Neithez party h�reto shall assign, sublei or transfer its interest �erein w.ithout prior written eonsent af the oiher
party, and any attempted assignment, su6lease or transfer oi all or any part hereof without such prioz- written
consent shall be void. This Agreement shall he binding upon and shall inure to the beneft of City and Artist
and its raspeciive successors and perznitted assigns.
I4.7. No Third-Partv Benefciaries.
The prpvisions and conditions af ihis Agreement are solely far the beneft of City and Artist, and any lawful
successoz- oz- assign, and are not intended to create azay rights, contracival or atherwise, to any other person or
entity.
I4.8. Severability.
If any provision of this Agreement shall be l�ald to be invalid, illegal or unenforceable, the validiiy, legaiity
and enforceability of the reinaining provisions shall not in any way be affected or impaired.
Contract Construction.
The Parties ackrzowIedge tk�at each party and, if it so chposes, its counsel have reviewed and revised this
Agreement and that the normal rule of construction io the effect that any ambiguiiies are to be resolved agaznst
tk�e drafting party musi not be employed in the interpretation ofthis Agreement or atiy amendments ar e�ibits
hereto.
i �.1 D. Fiscal Fundin�
If, for any reason, at any tirr�e during any term of this Ageement, the Fort WQrth City Council fails to
appropriate funds suF�'icient for Ciiy to ful�ll its obligatzons under tl�is Agreement, City may terminate 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 tI�e Fort
Worth City Council for the purposes set forth in t11is Agreement.
l�.11. Captions.
Captions and headtngs used in this Agreement are for reference purposes only and sha�l not be deemed a part
of this Agreement.
A,greemenf �ar Comroission af Public Artwork with
7ulie RicEzey Mosaics, LLC for North Aniinal Coi3trol and Service Center
19 af 37
14.12. Art�st's Address.
Artisi shall notify the Contract Manager of changes in address.
14.13. Surviving Covenants.
The covena�ts and obligations set forth in this Agreement shall not survzve the death or lega] incapacity of
Ariist.
14. ] 4. Ri�ht to Audit.
Ar�ist agrees that City wiil have the right to audit the financial and business records of Artist that reIate to the
Conceptuai Design (collectively "Recards"} at any time during the Term of tliis Agreement and for three (3)
years thereafter in order to determine compliance with this Agreement. Throughout the Term of this
Agreement and fo�• three (3) years thereafter, Artist shai] make all Records avaiIable to City on 200 Texas
Street, Fort Wort]a, Texas ar at another location rn City acceptable to both parties following reasonable advanc�
notice by City and sha11 otherwise coaperate fully with City during any audit. Artist shaI� require all of its
subcontracto�•s to incfude in their subcontracts a right to audit in favor of City in substantially the same form
as above.
14.15. Certified MBE/WBE.
If applicable, Ar�ist is encouraged to �nake its best effort to become a certified Minority Business �nterprise
(MBE} or Woman Business Ez�terprise (WBE) firm with a certifying agency whose certifcation is accepted
by the City under tl�e City's Business Diversity Enterprise Ozdznance.
14.16. Survival Provision.
Tl�e provisions contained in Articles 5{Warranties), 6(Indemnity Provisions), 7(Ownership and Intellectual
Property Rights), 9(Artist as Independent Cantractor), 11.2 (Deai� ar Incapacity of Artist), and 14.T4
Right �o Audit shall s�rvive the tez-rnination qr expiration of th�s Agreement.
14. � 7. Counterparts and Electronic Signat��res.
This Agreement may be axecuted in several co�nterparts, each of whicl� wi]] be deemed an original, but all of
which together will constitute one and the same instrurr�ent. A signature received via facsimile or electronical�y
via enaail sha�l be as Iegaliy binding for all purposes as an origEnal signature.
14.18. Time Extensions.
The Parties may agree, in writing, ta extend or modify any of the iime deadlines set farth in this Agreement.
14.19. Israel.
If Artist is a co�npany with ten { 10) or anore full-time employees and if this Agreement is for $ i 00,000 or more,
Artist acknowledges that in accordance wztk� Ghapter 2270 of ihe Texas Govermnen# Code, the City is
prohibited from eniering into a contract wi#h a company for goods or serv�ces un�ess the contract contains a
written verii'ication from the cozzapar►y that it: (1) does not boycott Israel; and {2} wi1l not boycott Israel during
the term of the contract. The terms "6oycott Israel" and "corr►pany" shall have the meanings ascribed to those
Agreement for Commission of Public Artwork with
7ulie Richcy Mosaics, LL.0 for North Animal Control and Service Center
20 af 37
terms in Section 808.001 of the Texas Government Code. If applicable urzder thzs Agreernent anc� Artisi is
considered a"company," by signing this Agreement, Artist certi�es th�t Artist's signature provides wriiten
verifrcatian to the Crty thatArtrst: (1) does not boycott Israel; and (2) will �ot 6oycott Israel during the term
of the Agreement.
ARTICLE 15
NOTICES
All notices, requests, demands, and oiher co�ni�aunications which �re required or permitted to be given under
this Ageement shall be in writing and shall be deemed to have been duly �iven upon the delivery or recaipt
thereof, as the case may be, if delivered personally or sent by registered or certified mail, return receipt
requested, �ostaga pr�paid, as �oI�ows:
1. CITY �F FORT WORTH: Fernando Costa, Assistant City Manager
City Manager's Office
City of Fort Worth
200 Texas Street, Third F�ooi•
Fort Worth, Texas 76102
Copies to: Sarah Fullenwider, City Attorney
Of�'ice oi the City Aitorney
City of k'ort Worth
200 Texas Street, Third �'loor
�'ort Worth, Texas 76102
Martha Pe#ers, Directar of Public Art
Arts Counci] of Fort Worth & Tarrant County
1300 Gendy Street
Fart Worth, `I'exas 76107
2. ARTIST Julie Richey
518 West Davis Street #6
Da�las, Texas 75208
(Signature Page to Follow)
Agreement Por Commission of Yublic Artwark with
Julie Richey Mosaics, LLC for North Animal Control and Service Center
21 of 37
IN WITNES� H�REOF, tl�e Parties hereto l�ave executed this Agreement to be effective as of the Effective
Date.
CITY OF FORT WORTH
by: 1. �� �s+r�...
r�
Fernando Costa
Assistant City Manager
Julie Richey Mosaics, LLC
by:
Jul�e Ri y
Manager
CONTRACT COMPLIANCE MANAG�R
By signing, I acknowIadge that I am the person responsible
for the monitoring and adrz�inistration of this contract, including
ensuring all erformance and reporting reqnirements.
Name: Alida Labbe
Titie: Public Art Project and Capital Budget Manager
APPROVED A� T� FORM
AND LEGALITY:
T omas Royce Hanse
Assistant City Attorney _
ATTESTED BY:
� ��
� ;� �
Mary J. I�ays� � -
City Secretary
Contract Authorization:
Form 1295: 2020-691405
M&C #: 21-Q007
DATE: January 12, 2021
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Agreement for Commission of Public Ariwork with
Julie Richey Mosaics, LI.0 for North Anima[ Control and Service Center
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Exhibi# A: Artwark Design
Az�tists' 5tatement
The North Animal Gontrol project offez'ed a rickz source of artistic inspiration. At the outset of the
project, I met wtth City staff, architects, elected officials, and resident volunteers to understand tihe
site's siyle, use, and requirements. Brainstorming sessions included researching other national animal
shelter art insta�lataons, sl�etching, model-making, and discussions with the core team. We condensed
ideas untiI a very strozag coz�cepi emerged. �'inal rnaqueites �vere creaied using mosaic-style
illustrations. In early December, we brought steel and wood mock-ups to the site and meti with Animal
5ervices and FWPA staff for input on lacations and scale of the pieces.
The caz�apus-style nature of �he faciliry and the fact that users will visit multiple areas within
the campus provides a unique opportuzaity io create multiple site-specific works. The cats and dogs
playfully draw users to each artwork location, thereby encouraging ther�n to explore the campus.
Goals:
o To work within the North Animal Gontrol Facility public art budget to creaie original,
interactive art elements that are both visitor-engaging and complerrientary to the
structures.
� To encourage animal adopiions by tne visiting puhlic by presenting the �est aspects
af our pets: theiz' playfulness, energsr, and devotion to their adoptive families
� To integrate the art works into the breadth of the campus, thereby encouraging
visitors to explore the many buildings, walkways, and outdoor features of the site.
Arhvork Locations
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Agreement for Cammission of Puh[ic Artwork wifh
]ulie Richey Mosaics, LLC for North Animal Control and Service Center - EXHIB[T A
23 of 37
North AnimaI ContraI Ariwork Desi�n
Location A. Main Entry Gabian Elements
Tkzree entry gabions, z�aade of naturally-finished steel and FilIed with river rock, act as directional
marker towers. Featured dogs "Chip," a mixed-breed shepherd, and "�epita, an oversized Chihuahua,
along with a colorful green cat named "Luna," stand atop each of the ihree pedestals. The towers are 5,
6.5 and 8 feet tali, therehy offering visitors �nrho arri�re at ihe facility a destination marlcer visible at the
main maintenanee facility intersection. _
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' Blue Dog Bench: "Murph�' is a three-dimensionaI, six-
���., foot-tall sculpture of a Labradar mix. The bench ztself
,� is a large wedge, also built in a gabion sryie with a
�'� , thick limestone top. Murphy will greet visitors to the
�_, ' .• Adoption Center building and will have plenty af
roorr� on his bench for families to take photos with
�' their newly adopted pets. 'I'he bench will meet the
f� paved entry, making it ADA-compliant for visttors in
� � wheelchairs and strollers. Decomposed granite will
_� -.: 1 __; surround the grassy sides to discourage �nrorn or
Eventuall}�, t�e landscaping should provide shade at tk�e bench when the trees nrzature.
Agreement for Commission af Pubiic Artwork with
.Tulie Richey Mosaics, LLC for North Animal Control and Scrvicc Center - Ts'XI-IIBIT A
2a of 37
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z�auddy grass.
Location C. R�nning Dogs Along Retaining �+vall at Veterina7y Clinic
"Giving Chase" Running Dogs Wall: Across the drive from the Adoption Center, the large
Administration and Veterinary Building has a long stone retaining wall. Five dogs of various sizes and
breeds will ck�ase �he along the �vall, leading visitors �o�vard the cen�er of the campus. Placed in
dynamic poses, these �nro-sided mosaic dogs are located above the pedestrian level and separated
from dog walkers by a steel railing. The lead dog (as yet unnamed) carries a red ball in her mouth,
escaping from her pursuers. "Shaggy," an Afghan hound, follows in aerodynamic fashion. "Jack," a Jack
Russell Terrier, bounds along witih his tongue out Iooking at the viewer rather than his cornpanions.
He's just happy to l�e part oF the exciternent "Kosie," a stouC and determined bulldog, barrels down the
wall. "Lucy," a wiry Westie-Terrier mix, brings up the rear. The dQgs range in scale from 48" long and
24" high to 1S" x 24."
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Agrecment for Commission ofPublic Artwark with
Julie Richey Mosaics, I.LC for North Animal Confro[ and Service Center - EXHIBIT A
25 of 37
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Flat, Double-5ided Mosaic Antmals at Retaining Wall
D. Adoption Cen�er Mural
"Raining Cats and Disco Dogs" Hand-painted mural: California muralisi and Texas native John Wehrle
has designed a large mural for th� main wall inside the Adoptaon Center. This fun and colorful work
features 3 cats and 7 dogs in various states of play against a neighborhood prairie and blue Texas sky.
Painted animals in�eract with the intended seating area and the flat screen tv. A iuxedo cat sits atop
the doorway leading to the cat adoptian roor�ra.
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Flat, Double-Sided Mosaic Animals at Retaintng Wall [continued)
Agreement for Commission of PuUlic Arlwork with
7ulie Richey Mosaics, 1.LC forNorth Animal Conirol and Service Center - EXIiiBI`f A
D, Adoptiore Cen�er Labby Cats
Agreement for Commission of Public Artwork with
.Iulic Richcy ivlosaics, T..LC for North Animal Concro! and Service Center - EXHIBIT A
27 of 37
Also in the Adoption Center, three �Iat cats made oFglass mosaic sit or lounge atop the yellow I-beams
that make up the facal point of the building's structure. Twa cats, a standing tortoiseshell and a
sleeping Korat, wi71 be attached to the beam with strong magnets. A tihiz'd cat, ready to pounce, will be
cleated to the sheetrock wall on the soffit across from the painted tnural.
D. Adoption Center Cat Sculpture
"Terra" Standing Calico Cat: Terra will be five feet tall and will bE
located on the rear patio behind the Adaption Center. 5he wiil be vtsible
to users in the multi-purpose room afi the back oF the building and to
pedestrians entering from the main walkways. The cat will lean a paw
against the raiIing [attached mechanlcalIy) as if reaching for something
overhead. "Terra" vvill also make a great photo location, as the
background behind this sculpture will be the natural rrzarsh at ihe bacl�
of the property. Visitors attracted to "Terra" will also notice the paved
ramp leading to the wal�way encircling the marsh.
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Agreemeat for Commission of Public Artwork with
Tulie Richcy Mosaics,llLC for North Anima! Con#rol and Service Center - EXHIBiT A
28 of 37
Exhibit B: The S�te
North Ani�nal Contz-ol Center and Service Center Campus Site Plan
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Agreement fqr Commission of Public Arlwork with
7ulie Richey Mosaics, �.LC for North Anima[ Control and Service Center -�3CIIII3IT [3
29 of 37
Exhibit C: Technical and Maintenance Record
GENERAL INFORMATION
Artist:
Address:
Telephone:
Cell:
E-mail:
Gallery Aifiliation:
Oiher Represeniation:
ARTWORK
Title ofArtwork:
Project Narne and Location Address:
FWPA Project Manager:
Description of ArEvvork: (attach separately if necessary):
Artwork Dimensions:
Heigl�t: Width: Depth:
Pedestal or Pad Mat�rial:
Pedestal or Pad Dimensions:
Height: WicEth: Depth:
Location & Description of �ignature Markings (or copyright}:
Agteement for Commissian of P�hlic Artwork with
7ulie Richey Mosaics, T,LC far NoRh Anima! Control and Service Center -�XHIBIT C
30 of 37
Edition Information if applicable:
Date of E�ecution:
Place of Execution:
CoIlaborating Artist:
Fabricator {if other than artist)
Fabricator Address:
Methods/Materials Used in Execution of Ariwork
Matexials (list type, 6rand narr�� and manufacturer of all materials; attach M.aterial Safety &
Technical Data. Include contaci nazxaes far all suppliers and attach warra�ty inforr�atian):
Construction Descripiion: (list all fabricators and any architects, engineers or other technzcians
invalved in the creation and installation of ihis artwork. Attach aIl warranties & agreements)
Material(s) Specifications:
Joining Methods:
Welding Rod Ai3oy or Join� Material & Applicaiion Method:
Agreemcnt for Commission of Public Artwork with
7ulie Richey l�osaics, LLC for North Animal Control and Service Center - EXHIBIT C
31 of 37
Casting Alloy, Wax Boc�y, Gtass or �'iber Type:
Finishes & Coatings (paint color and type, glaze, patina, any and all coatiz�gs including fixative,
LN, graffiti, etc. PIease list vendars and contaci information and proeide all product i�formation):
Pedestals, Foundations & F'ootings, Mountz�g and Aitachment Applications
(List ail rzaaterials used to install artwork on site. Include vendor infoz�x�aiion, parts numbers,
warranties and agreements.)
Integxated Components
(List all companents included in design and fabrication caniracts that iunction as a part of the final
installation including but nat limited to: lighting, media, landscaping, etc. Include alI vendor
information, par�s nurnbers, vvarranties and agreements and any/all design schematics):
Installation
Ynstallatiori Date:
InstaIlatian Method: (describe insia�lation rnethod, provide photo doctunentatioza if available. List
name and contac� infarmation of installation crew. .F1.ttach any diagrams or disasser�bIy
instructions.)
Agreement for Commission of PubGc ArEwork with
.Tulie Richey Mosaics, LLC forNarth Animal Conlrol and Service Center - EXi[IBIT C
32 of 37
Recommendec� Routine Maintenance
Artist recomrnendation based on e�perience and co�sultation with conservation �xpert
Artist's Conservation ConsuItant
Name:
Address:
Phone:
(Please attach Conservator's Long Term Maintenance Recommendations)
Unusual or Special Circumstances o�Note
Artist's Yntention
(Please describe your vie�v of how ihe artwork wiIl change over time and in response io
environmental conditians. Artist's vision of how ihe artvvork will look in the future assists FWPA
in realizing a� appropriate consezvaiian action plan. In addition to environmental conditions public
arCwor�s are aften affected by public handling, iandscaping and site changes. PIease clearly detail
your expectations for this artwork. Please address issues related to the life e�pectancy af �his
artwork.)
Agreement for Cammission of Public Artwark with
Iulie ltichey Mosaics, GLG for I�forth Animal Control and Service Center - EX�IIBIT C
33 of 37
Exhibit D: Affidavit
AFFIDAVIT OF BILLS PAID
Date:
Affiani:
Purchaser:
Property:
Affian# on oath swears that the following statement is tr�e:
Affiant has paid each oi Aiiiant's contractors, laborers, and materialmen in full far all labor and
zxzateriais provzded to Affzant for ihe construction of any and all iinprovements on the property.
1�ffiant is not indebted to any person, f rm, or corporation by reason of any such construction. There
are no claims pe�dir�g for personal injury ar�d/or property da�ages.
Aff ant:
SUBSCRIBED AND SWORN �'O before me, the undersigned authority, on this the
Day of
�
Notary Public, State of Texas
Print Name
Conazr�ission Expires
Agrecment for Commission of Pu6lic Artwork with
Julie Richey N[osaics, I,I,C far North Animal Conlrol and Service Center - EXHIBIT D
34 af 37
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Exhib�t E: Sales Tax Ex�mption
I� #}�e �u�h�s�r n�rn�i a�o�r$, c)a�r� �n �x�m�alian ir� p�ym�nt nf �les and U�e taxes (for t�� �uer�h�a� r�f tax�hle
i[ems descrfbed belnv� ar on the afFaahed nrder or invai�e) ir�rn_
SeEler, �II V�r��o�'�
5lreetSddl��s: __ ��-._�,.� __.T....-.��CiCY.�€�#e.�IPr��de_...... _ �-_ �_-,�-.�.,---�
D��criplEon nf lt�rns to be p:�reBras�� ar nn �h� �ttacl�d �rdcr oa Inva�:
�li iteens Furchaser a�ckr�cxwl�ds��s l�at this C�rl�fif�t� cann�st h� useai fpf �ttc��Pi�rCh�s��.l�� �C.[+�[11�l.�i# �t 1T1t�#OC _
.���I�. -- - ---
F'�ur�a�ar claims iiiis exemp�nn tus €ha foll4wing .reasun:
Mu��i�lpaii4y. �ou�rr�����t�l F�ntitY
I�nd�rst�td ihai 1 vnll k� iist�a for peYrrten� Otal# sf�fi� �rxi le�ai �al�� r�r u�e tax�� wh3�h m�yr �aeGc�m� due farfailure io ��sm�ly t�ikh
!he prou�slans a� the Tax ��de a3tdlr�r all App[��a�,i� law,
lun�f�rs#�rr�ithatfitsacv�m�radaffens� ta��+e �r� exa,�€�naer�rn�at+�ia tttas�)�rfnrt�xa�rlielt�,rrhsthatlknaw, att]�o Nrn�of�ur�hasa,
��Nl'Lea.Ese�tlr���rranr��rrllrer�t�ra�,j[Ir�(ex�sa�tlJ�tJ�s�tt�fli�ala�, ���f��rr�kn$r��,tfr��rnouritul���rsrver�ef,�f,eoR'r�ns�m�yrzarr��
ir�m a et�s� � mi�d�me�rn�r �o e fehuty e�#he� Aea�nd deqr�ae.
��� �
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N�`F�_ 'f�71s �€ir�Ifocaltr c�n�nt t� issarc�d for Ihc purcFias�, I��se, a� r�n9�l ot e molor vehfule.
TFt�SC�RfIFlC�+4T��SJI�'DF`��9UfR�AJ�Ul6���� T'O��Y�LIit.
S�Eas �r�d Us� T�x "�xc�n�i[oii �Eum6Grs" nr °Fax �x�rt�E' ?Jun�k�vrs do r��t exlai.
_._......_._._ . __ _ --- - ---
�iE� e�r��io�t� e�tauld #�� ��r,tii��e�l t€� th� �Lp�lf��
�xa � ��nd �i1� ��arnple#�d ���tl`���� �o t�e �a�r��wcifer ot C'ut�llc ���+��art#�.
Agreement for Commission of Public Artwork with
Julie Ric��ey Mosaics, LLC forNorth Animal Control and Service Center - EXHIBIT E
35 of 37
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7ht� �,�i���afe a'aes r��t r�equir� a nurnber td b� �+��id_
Exhibit F: Insurance Requirements
PUBLIC ART PROJECT� - INSURANCE REQUTREMEN`I'S
Artisi sha1l meet all the following insurance requirements for this Project. If Artist subcontracts fabrication,
transportation, and/or installation of the Work, then Artist shaII also require his/her subcontractor(s) to abide
by all of the follawing insurance requirements.
Commercial General Liability {CGL)
$1,OOd,000 Each occurrence
$2,000,000 Aggregate limit
Coverage shall incIude, but not be Iimited to, the following: premises, ope�•ations, independent contractors,
�araducts/completed operations, personal injury, and contract�a] liability. Insurance shall be provided ata an
occurrer�ce basis, and be as comprehensive as the current Insurance Services Office (ISO) �olicy. The policy
shaf� name City as an addit�onal insured.
Bailee's/Property {if applicable)
The inland marine policy sha11 provide per occurrence coverage a# replacement cost value based on the Iatest
appraised value of the Artwork, whic� is entrusted to the Artist and is considered to be in the Artist's care,
custody, and control and shall include property "in transit."
Automobile Liabilify
$1,Od0,00p Each accident
or
$250,00a Sodily Injury per person
$500,000 Bodily Injury per occurrence
$ Z 00,000 Properiy Darrzage
A commercial business policy shall provide coverage on "Any Auto," defined as auios owned, hired and non-
owr�ed.
Fot• Artist ar�d/or Artist's Subcpntractors who have employees: Workers' Conripensation
Siat�tory limi�s
Employer's tiab�lity
$100,000 Eac�a accident/occurrence
$100,000 Disease - per each employee
$500,000 B�dily Tnjury/Disease - policy IRrnit
Workers' Coznpensation coverage shall provide limits consistent with statutory benefits outlined in the Texas
worke�•s' Campensation Act (Art, 8308 -� 1.01 et seq. Tex. Rev. Civ. Stat.).
GENERAL POL�CY REQUIREMENTS
Agrcement for Commission ofPu6iic Artwork with
Julie Aichey Mosaics, LLC for 1Vorth Animal Con[ro[ and Service Center - EXHD3IT �
36 af 37
The certi�cate of insurar�ce shalI include an endorsement naming the City of Fort Worth, its' O,fficers,
Ernployees and Volunteers as an "Additional Insured" on aII liability policies. Exception... the additionaI
insured requirement does not apply to Workers' Compensation or Automobile policies.
Artisi is responsible for providing the City a thirty day (30} not�ce of cancelIation pr non-renewat of any
insurance policy and may r�ot change the terms and conditions of ar�y policy that wouId lirxzit the scope or
coverage, or otherwise alter or dzsallow coverage as required herein.
The workers' co�pensatioii polrcy sha1I incluc�e a Waiver of Subrogation (Right of Recovery) in favor oi the
City of Fort Worth. The �nsurers for aIl poltcies must be licen,sed/approved to do business in the State of Texas.
The insurers for all policies rriust be lice�zsed/approved to da business in the State o,f Texas. Th� insurers for
all policies must be licensed/approved to do business in the State of Texas. A11 insurers znust have a minimurn
z�ating of A- VII in i�e cun�ent A. M. Best Key Ra#ing Guide or have reasonably equfvaxen� fnancial strength
and soIvency to the satisfaction of Risk Manag�znent. If the rating is below that requ�red, written approval of
Risk Management is required.
If insurance policies are not written for specified coverage lirnits, an UmbreTla or Excess Liability insurance
for any differences is required. Excess LiabiIity sha21 foliow form of the prirnary coverage.
"Unless otherwise stated, a1I required insurance shall be wz-itten on an "occurrence basis."
The deductible or self insured retention (SIR) affecting required insurance caverage shall be acceptable to and
approved in writing by tl�e Risk Manager of Czty of Fort Workh ir� regards to asset value and stockholders'
ec�uity. In lieu of traditional insurance, alternaiive coverage maintained through insurance pools or risi�
retention groups, must also approved by City's R�sk Manager.
City, at its sole discretion, reserves the right to rer�iew ihe insurance requirenr�ents and to mai�e reasonable
adjustments to insurance coverages ar�d their limits when deemed necessary and prudent by City based upon
changes in statuiory law, court decision or the claims history ofthe ind�stry as welI as ofthe contracting �ariy
to City of Fort Worth. City shall be requi�red to provide prior n.otice of ninety days.
City shall be entitled, upon request and without expense, to receive copies of policies and endorse�nents thereto
and may make any reasonable requests for deletion or revision or modzfications of pa.t�icu�ax palicy terms,
condiiipns, iimitations, or e�clusions except where poIicy provisions are estabTished by law or regulations
binding upor� either of party or tlae underwriter on any such policies.
Agreement %r Commission of Public Artwork with
Julie Richcy Mosaics, LLC for North Anima� Control and Scrvice Center - EXHII3TT F
37 0£37