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HomeMy WebLinkAboutContract 56153 [q�a'J��s pP �pj��jj ! . • .. CT+, ! SECRETO to Y RECEIVED � C0,11TRACT N0.____, I, AUG 10 2021 C1Ty0FXOAI'WOI�j AGREEMENT BETWEEN THE CITY OF FORT WORTH Cl?YSEC1tL)L BEDGOOD FOR A CONCEPTUAL DESIGN PROPOSAL FOR PUBLIC ART FOR SUMMER CREEK DRIVE This Agreement is entered into this K day of U.S , 2021, by and between the City of Fort Worth, a home-rule municipal corporation of the State of Texas, acting by and through Fernando Costa, its duly authorized Assistant City Manager, and Jill Bedgood, an individual, residing at 934 West Agarita Avenue, San Antonio, TX 78201. City has designated the Arts Council of Fort Worth and Tarrant County,Inc.,to manage this Agreement on its behalf.The Contract Manager shall act through its designated Public Art project manager. WHEREAS, pursuant to Chapter 2, Sections 2-56 through 2-61 of the Fort Worth Code of Ordinances, the Fort Worth Public Art Program's goals are to create an enhanced visual environment for Fort Worth residents, to commemorate the City's rich cultural and ethnic diversity, to integrate the design work of Artists into the development of the City's capital infrastructure improvements, and to promote tourism and economic vitality in the City through the Artistic design of public spaces; and WHEREAS, the Public Art Plan for the 2004 Bond Program (M&C G14801, May 17, 2005) set aside $91,300.00 in 2% public art funds from Proposition A; and the Public Art Plan for the 2008 Bond Program(M&C G-17094,October 26,2010)set aside$152,902.00 in 2%public art finds from Proposition A for the Summer Creek Drive Public Art Project; and the Public Art Plan for the 2007 Critical Capital Needs (October 26, 2010 M&C G-17095) set aside $359,829.00 in 2% public art finds and the 2004, 2007 and 2008 Fund Reprogramming (M&C G-19323, June 26, 2018) reallocated an additional $103,582.00 in 2008 public art funds for project management,contingency and implementation.The Project was included in the Fort Worth Public Art Fiscal Year 2021 Annual Work Plan adopted by the Fort Worth City Council on September 22,2020 as M&C 20-0678); and WHEREAS, the Summer Creek Drive and Altamesa Boulevard Project Core Team met virtually on April 29,2021,and recommended equal priority for two(2)approaches: 1)Prairie-themed mile markers by artist Jill Bedgood along Summer Creek Drive between Altamesa and McPherson Boulevards, 76123; and, 2) Prairie-themed gateway sculptures by artist Melissa Miller on Summer Creek Drive at the intersections of Altamesa and McPherson Boulevards, 76123; and WHEREAS,on May 17, 2021 the Fort Worth Art Commission approved the Project Core Team's recommendation of these two approaches (attached as Exhibit"A") and requested Artist be placed under a Conceptual Design Proposal for approximately thirteen(13)pedestrian oriented mile-markers for the west sidewalk along the three(3)mile portion of Summer Creek Drive between Altamesa Boulevard on the north and McPherson Boulevard on the south, which would incorporate some of the drawings previously created by the Artist for the Chisholm Trail Park Public Art Project; and OFFICIAL RECORD Public Art Design Proposal for Summer Creek Drive between the City of Port worth and Jill Bedgood �o Execution Copy my ShCRETAR U FT WORTH,TX WHEREAS,City and Artist wish to set out the terms and conditions under which said Work shall be designed to promote the integrity of Artist's ideas and statements as represented by the Work. NOW, THEREFORE, City and Artist, for and in consideration of the covenants and agreements hereinafter set forth, the sufficiency of which is hereby acknowledged, agree as follows: ARTICLE 1 DEFINITIONS As used in this Agreement, the following terms shall have the meanings as set forth below: 1.1. Agreement—Means and includes this agreement between the City and Artist for a Conceptual Design Proposal for Public Art for the Site. 1.2. Artist—Means and includes Jill Bedgood 1.3. Artwork Design—Means and includes the Conceptual Design Proposal, which is defined in 1.3.a. below. 1.3.a. Conceptual Design Proposal—Means all preliminary drawings, sketches,narrative descriptions, budget estimates, and the like that are created by Artist in connection with this Agreement between Artist and City for the Work. 1.4. City—Means the City of Fort Worth. 1.5. Conceptual Design Proposal Deliverables—Means and includes those items set forth in Article 2.3 of this Agreement that Artist is required to submit to City for its review and approval. 1.6. Contract Manager—Means and includes the Arts Council of Fort Worth and Tarrant County, Inc., and/or its officers, directors, and employees. 1.7. Effective Date—Means and includes the date represented in the first paragraph of this Agreement, which shall be the official date of execution of this Agreement. 1.8. Parties—Means and includes City and Artist. 1.9. Project—Means and includes the capital improvement/public art development undertaking of City for which Artist's services are to be provided pursuant to this Agreement. 1.10. Project Core Team—Means and includes the group of community members, generally 5-7 people, who are invited by the City Council Member to provide input on the project for its duration in accordance with the Fort Worth Public Art Master Plan Update. 1.11. Project Stakeholders—Means and includes the appropriate City Council Member(s), the Project Core Team and the FWAC's appointed representative and others as may be appropriate. 1.12. Site—Means the sidewalk on the west side of the approximately three (3) mile length of Summer Creek Drive between Altamesa Boulevard on the north and McPherson Boulevard on the south, which is depicted in the attached Exhibit"B." 1.13. Work—Means and includes the finished object(s)of art and design that are the subject of Public Art Design Proposal for Summer Creek Drive between the City of Fort Worth and Jill Bedgood Execution Copy 2 of26 this Agreement, or any intermediary stage of completion of such work. ARTICLE 2 SCOPE OF SERVICES 2.1. General. a. Artist shall perform all services and will furnish all supplies and materials as necessary for developing the Conceptual Design Proposal for the Work. Services shall be performed in a professional manner and in strict compliance with all terms and conditions in this Agreement. b. Artist shall determine the artistic expression, scope, design, color, size, material, texture and location of the Work, subject to approval by City as set forth in this Agreement. City may request changes to the Conceptual Design Proposal from time to time under this Agreement, and Artist will address City's requests. C. Prior to commencing the Conceptual Design Proposal, Artists shall meet with and seek input from Project Stakeholders. d. The specific locations at the Site where the Work will be installed shall be mutually agreed upon by City and Artist. e. 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. f. Artist shall develop the Conceptual Design Proposal within the implementation budget set forth in Article 2.3. g. Artist shall present the Conceptual Design Proposal to the FWAC for joint review with the Project Core Team, other Project Stakeholders, the appropriate City staff, and for the FWAC's approval at a regularly scheduled FWAC meeting. The Conceptual Design Proposal shall subsequently be shared with City boards or commissions, as appropriate. h. Artist shall be available for a presentation to the Fort Worth Art Commission as indicated above, in the form of a minimum of one (1) physical trip to Fort Worth. Additional trips may be required may which would be negotiated and agreed upon in writing by City and Artist. i. Artist shall allow video recording and photography of their participation during activities related to this Project such as presentations and meetings. j. For the duration of the Agreement, if Artist intends to seek its own publicity for the Work including publication 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 promptly furnish all information and materials required by Artist to the Public Art Design Proposal for Summer Creek Drive between the City of Fort Worth and Jill Bedgood Execution Copy 3 of26 extent that such materials are available. City, upon request by Artist, shall also provide correct scaled drawings of the Site, if available. 2.3. Conceptual Design Proposal Deliverables. a. Within two (2) months after the Effective Date, Artist shall provide services and all supplies, materials, and equipment necessary to provide certain deliverables, as set forth in this Article 2.3 to City for approval. Conceptual Design Proposal Deliverables shall consist of the following: i. Detailed, design illustrations for the Work for the Site, which shall be in a high-resolution digital format, such as JPEG or TIF files, showing the proposed Work from multiple vantage points with at least one illustration showing the Work's size and placement in relation to the Site; ii. A narrative description of the Artist's concept, proposed materials, fabrication, and installation methods, timeline for completion and maintenance, and anticipated annual maintenance requirements; iii. Installation diagram, including approximate weight of the Work and proposed installation or attachment method(s); iv. A preliminary budget estimate,on the budget form attached hereto as Exhibit"D,"for Final Design and Implementation of the Work in an amount of approximately$121,655.85 which includes all costs for materials, engineering, labor, fabrication, delivery, installation, insurance (City requirements attached hereto as "Exhibit E"), travel costs, transportation, a remaining Artist's fee of $11,705.85, a contingency of $13,000.00, and all other associated costs for the Work. V. Artist shall provide the Conceptual Design presentation materials in PowerPoint format to the Contract Manager to become part of the City of Fort Worth Public Art archive owned by City. All documents, models, and/or drawings will be retained for archival and exhibition purposes. b. Conceptual Design Deliverables shall be submitted to the Contract Manager no less than two(2)weeks prior to the scheduled Conceptual Design Proposal presentation for staff review. 2.4. Conceptual Design Proposal Review. a. Upon completion of the Conceptual Design Proposal Deliverables, Artist shall present the Conceptual Design Proposal to the FWAC, Project Core Team, Project Stakeholders, and other community members for review and approval at a regularly scheduled FWAC meeting. Public Art Design Proposal for Summer Creek Drive between the City of Fort Worth and Jill Bedgood Execution Copy 4 of26 b. City shall notify Artist of its approval, or disapproval, of the Conceptual Design Proposal within thirty (30) calendar days of Artist's presentation to the FWAC, Project Core Team, Project Stakeholders, and other community members. C. If City requires any revisions to the Conceptual Design Proposal, then City shall inform Artist of each revision. City may require Artist to make such revisions to the Conceptual Design Proposal as City deems necessary in its sole discretion and/or for the Work to comply with applicable statutes, ordinances, or regulations of any governmental regulatory agency having jurisdiction over the Site for reasons of safety and security. d. Artist shall have thirty (30) calendar days from the date City informed Artist of the revision(s)to present the Conceptual Design Proposal in conformance with City's requirements. e. If City disapproves of the resubmitted Conceptual Design Proposal,any further Conceptual Design Proposal resubmissions will be by mutual agreement of the Parties and subject to the procedures and terms in this Article. If the Parties desire not to continue with the resubmission process, then this Agreement will automatically terminate, with payment to the Artist per the payment schedule in Article 3 up through the date of termination. (See Article 4.4.d) In such event, Artist will be compensated for any services performed and expenses incurred but not yet paid under the Payment Schedule. f. Upon City approval of the Conceptual Design Proposal, any revisions made to a City- approved Conceptual Design Proposal shall become part of the Conceptual Design Proposal. Artist shall incorporate any City-approved revisions into the final design in conformance with City's requirements. Any revisions shall become part of any final design deliverables if the Artist proceeds to the final design phase. g. Upon the expiration of the Term(hereinafter defined)of this Agreement, if the Conceptual Design Proposal is accepted by City, negotiations for final design of the Work shall commence, which shall become part of the deliverable under any potential artwork commission contract. ARTICLE 3 COMPENSATION AND PAYMENT SCHEDULE 3.1. Compensation. Total compensation to Artist under the Agreement shall be in an amount up to EIGHT THOUSAND SEVEN HUNDRED NINETY-FOUR DOLLARS AND FIFTEEN CENTS ($8,794.15), which shall constitute full compensation for any and all costs associated with the Agreement,including a consulting fee allowance of up to$2,000.00, an Artist's fee of$5,844.15,travel allowance in an amount of up to$950.00, and services performed and materials furnished by Artist under this Agreement. Artist and City may amend Public Art Design Proposal for Summer Creek Drive between the City of Fort Worth and Jill Bedgood Execution Copy 5 of26 this Agreement to allow for additional payment if additional services are required. Any changes requested by the City shall not require City to pay Artist any additional compensation under this Agreement. 3.2. Payment Schedule a. City agrees to pay Artist in the following installments set forth below, each installment to represent full and final,non-refundable payment for all services and materials provided prior to the due date thereof: due date thereof: i. TWO THOUSAND DOLLARS AND NO CENTS($2,000.00)upon execution of this Agreement. iii.TWO THOUSAND DOLLARS AND NO CENTS($2,000.00)within thirty(30)calendar days after Artist submits all of the Conceptual Design Proposal Deliverables required under Article 2.3 of this Agreement. iv. ONE THOUSAND DOLLARS AND NO CENTS($1,000.00)within thirty(30)calendar days after Artist makes a presentation of the Conceptual Design Proposal to the FWAC, the Project Core Team and other community members pursuant to Article 2.4(a). v. EIGHT HUNDRED FORTY-FOUR DOLLARS AND FIFTEEN CENTS ($844.15) within thirty(30) calendar days after City's approval of the Conceptual Design Proposal . vi.City will provide an allowance of up to TWO THOUSAND DOLLARS AND NO CENTS ($2,000.00) for consulting including preliminary engineering consultation. Such payment shall be made upon receipt of an invoice from Artist with the original invoice (a retainer fee of up to 50%is allowed) for such services attached. vii. City will provide a total travel allowance of up to NINE HUNDRED FIFTY DOLLARS AND NO CENTS($950.00)as follows:$860.00 per trip for atotal of EIGHT HUNDRED SIXTY DOLLARS AND NO CENTS ($860.00hfor travel costs for one round-trip from San Antonio to Fort Worth for presentation of the Conceptual Design Proposal to the FWAC for joint review with the Project Core Team, other Project Stakeholders, the appropriate City staff, and for the FWAC's approval at a regularly scheduled FWAC meeting, and a separate travel allowance of$90.00 per trip for a total amount of NINETY DOLLARS AND NO CENTS ($90.00) for one round-trip from San Antonio to Austin to meet with consultant John Christensen. This stipend is provided in accordance with GSA Per Diem Guidelines and shall cover all travel expenses. 3.3. Sales Taxes. City is a tax-exempt organization and no state or local sales taxes or federal excise taxes shall be due upon the Project. City shall supply Artist with the "Texas Certificate of Exemption," in substantially the same form as that attached hereto as Exhibit "D," for use by Artist in the fulfillment of this Agreement. Public Art Design Proposal for Summer Creek Drive between the City of Fort Worth and Jill Bedgood Execution Copy 6 of26 3.4. Artist's Expenses. Artist shall be responsible for the payments of all expenses incurred during the performance of this Agreement, including, but not limited to, services, materials, equipment, Artist's overhead expenses, mailing/shipping charges and insurance on submissions to City, cost of all travel, and costs for Artist's agents, consultants, and/or employees necessary for the proper performance of the services required under this Agreement. ARTICLE 4 TERM AND TERMINATION 4.1. Term. This Agreement shall be in effect from the Effective Date, and, unless terminated earlier pursuant to such provisions in this Agreement, shall extend until final payment to Artist by City. 4.2. Gratuities. City may cancel this Agreement if it is found that gratuities in the form of entertainment, gifts, or otherwise were offered or given by Artist or any agent or representative to any City or Contract Manager official or employee with a view toward securing favorable treatment with respect to the awarding, amending, or making of any determinations with respect to this performance of this Agreement. 4.3. Termination for Cause. If either party to this Agreement shall fail to fulfill their obligations in accordance with the terms of this Agreement, or otherwise violate any of the covenants, agreements, or stipulations material to this Agreement, then the Parties shall first attempt to resolve any disputes arising from this Article 4.3 in accordance with the dispute resolution process set forth in Article 5. If the Parties cannot resolve the dispute(s), then the disputing party shall thereupon have the right to terminate this Agreement upon the delivery of a written"Notice of Termination"specifying the grounds for termination. Termination of this Agreement under this provision shall not relieve the party in default of any liability for damages resulting from a breach or a violation of the terms of this Agreement. 4.4. Termination for Convenience. a. The services to be performed under this Agreement may be terminated by either party, subject to written notice submitted thirty(30) calendar days before termination. b. If termination is for the convenience of City, City shall pay Artist pursuant to the payment provision in Article 3, and Artist shall continue to provide the City with services requested by City and in accordance with this Agreement up to the effective date of termination. Upon payment in frill of all monies due for services provided up to the effective date of termination, City shall have the right, in its sole discretion, to possession and transfer of all work product produced by Artist under this Agreement, including, but not limited to, finished and unfinished drawings, sketches, Public Art Design Proposal for Summer Creek Drive between the City of Fort Worth and Jill Bedgood Execution Copy 7 of26 photographs, models, and designs, up to the effective date of termination, provided that no right to fabricate or execute the Work shall pass to City. In such event, Artist will be compensated for any services performed and expenses incurred but not yet paid under the Payment Schedule. C. If termination is for the convenience of Artist, City shall have the right, in its sole discretion,to pay Artist pursuant to the payment provision in Article 3 or require the Artist 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. If City chooses to pay Artist,then all work product produced by Artist under this Agreement, including, but not limited to, finished and unfinished drawings, sketches, photographs, models, and designs, up to the effective date of termination shall become property of City. If termination is for the convenience of Artist and if such termination occurs after Artist's submittal of Conceptual Design Proposal Deliverables required under Article 2.3 of this Agreement, City shall, in addition to the other rights provided in this Article, have the right to complete the Work, if feasible. d. If termination is by mutual agreement of the Parties as set forth in Article 2.4, then City shall pay Artist per the payment schedule in Article 3 up through the date of termination. City shall have the right to possession and transfer of all work product produced by Artist under this Agreement, including, but not limited to, finished and unfinished drawings, sketches,photographs, models, and designs, up to the effective date of termination. In such event, Artist will be compensated for any services performed and expenses incurred but not yet paid under the Payment Schedule. 4.5. Incapacity of Artist. a. In the event of Artist's death or Artist becoming physically or legally incapacitated during the term of this Agreement, City shall have the right to terminate this Agreement on payment to Artist or Artist's successors for all work and services performed prior to death or incapacity. All work product produced by Artist, including, but not limited to, finished and unfinished drawings, sketches, photographs, models, and designs, up to the effective date of termination shall become property of City. b. Should Artist's Conceptual Design Proposal have been approved, in the event of termination under this Article 4.5, City shall have the right to complete the Work, if feasible. Due regard shall be made for Artist's intended results and proper credit and acknowledgement shall be given to Artist. ARTICLE 5 DISPUTE RESOLUTION Public Art Design Proposal for Summer Creek Drive between the City of Fort Worth and Jill Bedgood Execution Copy 9 of26 (a) If either Artist or City has a claim, dispute, or other matter in question for breach of duty, obligations, services rendered or any warranty that arises under this Agreement, the Parties shall first attempt to resolve these issues through this dispute resolution process. The disputing party shall notify the other party in writing as soon as practicable after discovering the claim, dispute, or breach. The notice shall state the nature of the dispute and list the party's specific reasons for such dispute. Within ten (10) business days of receipt of the notice, both parties shall make a good faith effort, either through email, mail, phone conference, in person meetings, or other reasonable means to resolve any claim, dispute, breach, or other matter in question that may arise out of or in connection with this Agreement. (b) If the Parties fail to resolve the dispute within sixty (60) calendar days of the date of receipt of the notice of the dispute, then the Parties shall submit the matter to mediation in accordance with Chapter 154 of the Texas Civil Practice and Remedies Code and Chapter 2009 of the Texas Government Code, then in effect. Request for mediation shall be in writing,and shall request that the mediation commence not less than fifteen(15)or more than forty-five(45)calendar days following the date of request,except upon Agreement of the Parties. In the event City and Artists are unable to agree to a date for the mediation or to the identity of a mutually agreed mediator within thirty (30) calendar days following the date of the request for mediation,then all the conditions precedent in this article shall be deemed to have occurred. The Parties shall share the mediator's fee and any filing fees equally. Venue for any mediation or lawsuit arising under this Agreement shall be in Tarrant County, Texas. Any agreement reached in mediation shall be enforceable as a settlement agreement in any court having jurisdiction. No provision of this agreement shall waive any immunity or defense. No provision of this Agreement constitutes consent to sue. If the Parties cannot resolve the dispute through mediation,then either party shall have the right to exercise any and all remedies available under law regarding the dispute. (See Article 4.3) ARTICLE 6 OWNERSHIP AND INTELLECTUAL PROPERTY RIGHTS 6.1. General. a. Upon payment in full to Artist or pursuant to the applicable termination provision of this Agreement, the Conceptual Design Proposal, Work, and all other work product under this Agreement shall become the physical property of City, without restriction on future use, except as provided below. Artist shall retain copyright and other intellectual property rights in and to the Conceptual Design Proposal and/or Work. By execution of this Agreement, Artist grants to the City an exclusive,perpetual,royalty free,and irrevocable license to graphically depict and publicly display the Conceptual Design Proposal and/or Work for any non-commercial purpose whatsoever, except that the Work cannot be reproduced in any three-dimensional form without permission from Artist. For purposes of this limitation, any graphic depiction or display of the Conceptual Design Public Art Design Proposal for Summer Creek Drive between the City of Fort Worth and Jill Bedgood Execution Copy 9 of26 Proposal and/or Work intended to promote or benefit 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 by City, shall be deemed a non-commercial purpose. b. In view of the intention that the Conceptual Design Proposal and the Work be unique,Artist shall not make any additional exact duplicate reproductions of the Conceptual Design Proposal or the Work, nor shall Artist grant permission to others to do so except with the express written permission of City. However, nothing herein shall prevent Artist from creating future artworks in Artist's manner and style of artistic expression. C. Artist reserves every right available under the Federal Copyright Act to control the making and dissemination of copies or reproductions of the Conceptual Design Proposal and/or Work (including all work product under this Agreement), except as those rights are limited by this Agreement. City may make and disseminate photographs, drawings, and other two-dimensional reproductions of the Conceptual Design Proposal and/or Work and accompanying materials for any municipal purpose. All reproductions by the City shall contain a credit to the Artist and a copyright notice substantially in the following form: "©date, Artist's name." d. Nothing in this Agreement shall prevent the Artist from using images of the Conceptual Design Proposal and/or Work(including all work product under this Agreement)for marketing and promotional purposes in connection with the Artist's business. e. City is not responsible for any third-party infringement of Artist's copyright and not responsible for protecting the intellectual property rights of Artist. f. Artist is not responsible for third-party infringement of the City's licensed use of the Conceptual Design Proposal and Work. 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 so, if such failure prevents City from locating Artist, shall be deemed a waiver by Artist of the right subsequently to enforce these provisions that require the express approval of Artist. Notwithstanding this provision, City shall make every reasonable effort to locate Artist when matters arise relating to Artist's rights. ARTICLE 7 WARRANTIES OF TITLE AND COPYRIGHT a. Artist represents and warrants that: i. Conceptual Design Proposal and/or Work shall be the original product of the Artist's sole creative efforts. ii. Conceptual Design Proposal and/or Work is and will be unique and original, and, does not infringe upon any copyright or the rights of any person; Public Art Design Proposal for Summer Creek Drive between the City of Fort Worth and Jill Bedgood Execution Copy 10 of 26 iii. Artist has not sold, assigned, transferred, licensed, granted, encumbered, or utilized the Conceptual Design Proposal and/or Work or any copyright related thereto that may affect or impair the rights granted pursuant to this Agreement; iv. Conceptual Design Proposal and/or Work(or duplicate thereof)have not been accepted for sale elsewhere; v. Artist has the full power to enter into and perform this Agreement and to make the grant of rights contained in this Agreement; and vi. All services performed hereunder shall be performed in accordance with all applicable laws, regulations, ordinances, etc., and with all necessary care, skill and diligence. ARTICLE 8 ARTIST AS INDEPENDENT CONTRACTOR Artist shall perform all work and services hereunder as an independent contractor, and not as an officer, agent, servant or employee of City. Artist shall have exclusive control of, and the exclusive right to control the details of the work performed hereunder, and all persons performing same, and shall be solely responsible for the acts and omissions of his/her officers,agents, employees, and subcontractors. Nothing herein shall be construed as creating a partnership or joint venture between City and Artist, his/her officers, agents, employees and subcontractors, and doctrine of respondent superior has no application as between City and Artist. ARTICLE 9 INDEMNIFICATION 9.1. General Indemnity. a. ARTIST COVENANTS AND AGREES TO AND DOES HEREBY INDEMNIFY, HOLD HARMLESS, AND DEFEND, AT ITS OWN EXPENSE, CITY FROM AND AGAINST ANY AND ALL CLAIMS,LAWSUITS,JUDGMENTS,ACTIONS,CAUSES OF ACTION, LIENS, LOSSES, EXPENSES, COSTS, FEES (INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEY'S FEES AND COSTS OF DEFENSE), PROCEEDINGS,DEMANDS,DAMAGES,LIABILITIES,AND/OR SUITS OF ANY KIND OR NATURE, INCLUDING, BUT NOT LIMITED TO, THOSE FOR PROPERTY LOSS (INCLUDING,BUT NOT LIMITED TO,WORKERS' COMPENSATION ACT LIABILITY, LOST PROFITS, AND PROPERTY DAMAGE) AND/OR PERSONAL INJURY (INCLUDING, BUT NOT LIMITED TO, DEATH) TO ANY AND ALL PERSONS, OR OTHER HARM FOR WHICH RECOVERY OF DAMAGES IS SOUGHT, OF WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING Public Art Design Proposal for Summer Creek Drive between the City of Fort Worth and Jill Bedgood Execution Copy 11 of26 OUT OF OR RESULTING FROM ANY ACTS, ERRORS, OR OMMISSIONS OF ARTIST AND/OR ARTIST'S SUBARTISTS AND CONTRACTORS AND THEIR RESPECTIVE OFFICERS, AGENTS, EMPLOYEES, DIRECTORS, MEMBERS, PARTNERS, AND REPRESENTATIVES IN CONNECTION WITH THE EXECUTION, PERFORMANCE, ATTEMPTED PERFORMANCE,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 persons or property sustained or caused by Artist in connection with or incidental to performance under this Agreement. C. Artist shall require all of its subcontractors to include in their subcontracts a release and indemnity in favor of City in substantially the same form as above. 9.2. Intellectual Property. Artist agrees to assume full responsibility for complying with all State and Federal Copyright Laws and any other regulations, including,but not limited to,the assumption of any and all responsibilities for paying royalties that are due for the use of other third party copyrighted works by Artist. City expressly assumes no obligations, implied or otherwise, regarding payment or collection of any such fees or financial obligations. City specifically does not authorize,permit,or condone the reproduction or use of copyrighted materials by Artist without the appropriate licenses or permission being secured by Artist in advance. IT IS FURTHER AGREED THAT ARTIST SHALL RELEASE,DEFEND,INDEMNIFY,AND HOLD HARMLESS CITY FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES, ACTIONS, OR EXPENSES OF EVERY TYPE AND DESCRIPTION, INCLUDING, BUT NOT LIMITED TO, ATTORNEY'S FEES, TO WHICH THEY MAY BE SUBJECTED ARISING OUT OF CITY'S USE OR POSSESSION OF THE WORKS BY REASON OF AN ALLEGED OR ACTUAL COPYRIGHT VIOLATION OR OTHER LACK OF OWNERSHIP,AUTHORSHIP,OR ORIGINALITY. City expressly assumes no obligation to review or obtain appropriate licensing and all such licensing shall be the exclusive obligation of Artist. ARTICLE 10 EQUAL OPPORTUNITY a. Artist shall not engage in any unlawful discrimination based on race, creed, color,national origin,sex,age,religion,disability,marital status,citizenship status,sexual orientation or any other prohibited criteria in any employment decisions relating to this Agreement, and Artist represents and warrants that to the extent required by applicable laws, it is an equal opportunity employer and shall comply with all applicable laws and regulations in any employment decisions. Public Art Design Proposal for Summer Creek Drive between the City of Fort Worth and Jill Bedgood Execution Copy 12 of 26 b. In the event of Artist noncompliance with the nondiscrimination clauses of this Agreement, this Agreement may be canceled, terminated, or suspended in whole or in part, and Artist may be debarred from further agreements with City. ARTICLE 11 MISCELLANEOUS 11.1. Compliance. Artist shall comply with all Federal, state, and local statutes, ordinances, and regulations applicable to the performance of Artist's services under this Agreement. 11.2. Entire Agreement. This writing embodies the entire agreement and understanding between the Parties hereto, and there are no other agreements and understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. 11.3. Amendments. No alteration,change,modification,or amendment of the terms of this Agreement shall be valid or effective unless made in writing and signed by both parties hereto and approved by appropriate action of City. 11.4. Waiver. No waiver of performance by either party shall be construed as or operate as a waiver of any subsequent default of any terms, covenants, and conditions of this Agreement. The payment or acceptance of fees for any period after a default shall not be deemed a waiver of any right or acceptance of defective performance. 11.5. Governing Law and Venue. If any action, whether real or asserted, at law or in equity, arises on the basis of any provision of this Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas —Fort Worth Division. This Agreement shall be construed in accordance with the laws of the State of Texas. 11.6. Successors and Assi rg_is. Neither party hereto shall assign, sublet, or transfer its interest herein without prior written consent of the other party,and any attempted assignment, sublease, or transfer of all or any part hereof without such prior written consent shall be void. This Agreement shall be binding upon and shall inure to the benefit of City and Artist and their respective successors and permitted assigns. 11.7. No Third-Party Beneficiaries. The provisions and conditions of this Agreement are solely for the benefit of City and Artist,and any lawful successor or assign, and are not intended to create any rights, contractual, or otherwise,to any other person or entity. Public Art Design Proposal for Summer Creek Drive between the City of Fort Worth and Jill Bedgood Execution Copy 13 of 26 11.8. Severability. If any provision of this Agreement shall be held to be invalid,illegal,or unenforceable,the validity,legality, and enforceability of the remaining provisions shall not in any way be affected or impaired. 11.9. Force Majeure. City and Artist will exercise their best efforts to meet their respective duties and obligations as set forth in this Agreement, but will not be held liable for any delay or omission in performance due to force majeure or other causes beyond their reasonable control, including, but not limited to, compliance with any government law, ordinance, or regulation; acts of God; acts of the public enemy; fires; strikes; lockouts; natural disasters;wars;riots;epidemics or pandemics;government action or inaction;orders of government; material or labor restrictions by any governmental authority; transportation problems; restraints or prohibitions by any court, board, department, commission, or agency of the United States or of any States; civil disturbances; other national or regional emergencies;or any other similar cause not enumerated herein but which is beyond the reasonable control of the Party whose performance is affected(collectively,"Force Majeure Event"). The performance of any such obligation is suspended during the period of, and only to the extent of,such prevention or hindrance,provided the affected Party provides notice of the Force Majeure Event, and an explanation as to how it prevents or hinders the Party's performance, as soon as reasonably possible after the occurrence of the Force Majeure Event, with the reasonableness of such notice to be determined by the City in its sole discretion. The notice required by this section must be addressed and delivered in accordance with this Agreement. 11.10. Contract Construction. The Parties acknowledge that each party and, if it so chooses, its counsel, have reviewed and revised this Agreement and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party must not be employed in the interpretation of this Agreement or any amendments or exhibits hereto. 11.11. Fiscal Funding__Qut. If, for any reason, at any time during any term of this Agreement, the Fort Worth City Council fails to appropriate funds sufficient for the City to fulfill its obligations under this Agreement, the 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 the Fort Worth City Council for the purposes set forth in this Agreement. 11.12. Captions. Captions and headings used in this Agreement are for reference purposes only and shall not be deemed a part of this Agreement. Public Art Design Proposal for Summer Creek Drive between the City of Fort Worth and Jill Bedgood Execution Copy 14 of 26 11.13. Right to Audit. Artist agrees that City will have the right to audit the financial and business records of Artist that relate to the Work(collectively "Records") at any time during the Term of this Agreement and for three (3) years thereafter in order to determine compliance with this Agreement. Throughout the Term of this Agreement and for three(3)years thereafter,the Artist shall make all Records available to the City at 200 Texas Street, Fort Worth,Texas or at another location in the City acceptable to both parties following reasonable advance notice by the City and shall otherwise cooperate fully with the City during any audit. Artist shall require all of its subcontractors to include in their subcontracts a right to audit in favor of City in substantially the same form as described in this Article 11.13. 11.14. Certified MWBE. If applicable,Artist is encouraged to make its best effort to become a certified Minority Business Enterprise (MBE)or Woman Business Enterprise(WBE)firm with a certifying agency whose certification is accepted by the City under the City's Business Diversity Enterprise Ordinance. 11.15. Survival Provision. The provisions contained in Articles 4.5 (Incapacity of Artist), 6 (Ownership and Intellectual Property Rights),7(Warranties of Title and Copyright), 8(Artist as an Independent Contractor), 9(Indemnification), and 11.13 (Right to Audit) shall survive the termination or expiration of this Agreement. 11.16. Counterparts and Electronic Signatures. This Agreement may be executed in several counterparts,each of which will be deemed an original, but all of which together will constitute one and the same instrument. A signature received via facsimile or electronically via email shall be as legally binding for all purposes as an original signature. 11.17. Time Extensions. The Parties may agree, in writing,to extend or modify any of the time deadlines set forth in this Agreement. 11.18. Israel. If Artist is a company with ten(10) or more full-time employees and if this Agreement is for $100,000 or more,Artist acknowledges that in accordance with Chapter 2270 of the Texas Government Code, the City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms"boycott Israel"and"company"shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. If applicable under this Agreement and Artist is considered a "company," by signing this Agreement, Artist certifies that Artist's signature provides written verification to the City that Artist: (1) does not boycott Israel; and(2) will not boycott Israel during the term of the Agreement. Public Art Design Proposal for Summer Creek Drive between the City of Fort Worth and Jill Bedgood Execution Copy 15 of 26 ARTICLE 12 NOTICES All notices, requests, demands, and other communications which are required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been duly given upon the delivery or receipt thereof, as the case may be, if delivered personally or sent by registered or certified mail, return receipt requested, postage prepaid, as follows: 1. CITY OF FORT WORTH: Assistant City Manager City Manager's Office City of Fort Worth, Fort Worth City Hall 200 Texas Street Fort Worth, TX 76102-6314 Copies to: City Attorney Office of the City Attorney City of Fort Worth,Fort Worth City Hall 200 Texas Street Fort Worth, TX 76102-6314 Martha Peters, Director of Public Art Arts Council of Fort Worth&Tarrant County, Inc. 1300 Gendy Street Fort Worth,TX 76107 2. ARTIST Jill Bedgood 934 West Agarita Avenue San Antonio, TX 78201 (Signature page to follow) Public Art Design Proposal for Summer Creek Drive between the City of Fort Worth and Jill Bedgood Execution Copy 16 of 26 IN WITNESS HEREOF,the Parties hereto have executed this Agreement to be effective as of the Effective Date. CITY OF FORT WORTH ARTIST by:-� !� ��. Fernando Costa Jill dgood Assistant City Manager Date: 8/o 2cGz1 Date: 4P0 2 l CONTRACT COMPLIANCE MANAGER By signing, I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. a"2w G;' Name: Anne Allen Title: Public Art Project Manager APPROVED AS TO FORM AND LEGALITY: By: �J�Y'1 W Jessi illiams Assist t City Attorney 0Rr V ATT ST: By: Ron d P. Gonzales ¢� < Acting City Secretary t .. Form 1295:Not Applicable Contract Authorization: No M&C required. Ordinance No. 24161-04-2020 OFFICIAL RECORD CBTY SECRETARY Public Art Design Proposal for Summer Creek Drive between the City of Fort Worth and Jill Bedgood `. WORTH,Tit Execution Copy Exhibit A: Approved Project Core Team Artwork Approach CITY OF FORT WORTH ART COMMISSION f Page 1 or 2 MEETING DATE: May 17,2021 AGENT A ITE14I:'illl[.d. Summer Creek Altamesa Publw Art PROJECT NAME: Project Approve Pro e,.t Core'Team's recommendation of equal priority for two,(2)appax hes for Summt C1,3ek-nd Altamesa Public Art Projects(Council District 6). ACTION ITENE 1)Prairie-themed m3e markers by artist Jill Bedgeod along Summer Creek Drive between A tamesa-nd McPlierson:Boulevards,76123 2)Prairie-themed gateway sculpfnnes by artist Melissa Miler on Summer Creek Drip- at the intersections of Altame--a and 1vicPhets:)n Boulevards,76123 Summer Creek and Attamrsa Pufilicc Art Projects Core Team Project Input Meeting Thursday,94irit 29,5:t0 PM Meeting Conducted via Zoom PROJECT COME TEAM,OPERATRIG AS A SELECTION PAtyEL Prcgect Core Teams Members(shared for troth SumrrerCreek and Alta Mesa) 1.. Tara Holt District Director,CD 6 2. Tricia Sapp,Quad Ridge Estates 3, JudyHuebener,Wedgwood South $_ Linda Byrnes,Candleairfl e 5- Frank Sloan,Wedgwood East G. Leslie Thorax onn,Fail WmVt Art Cut nmission 7 Zach Wenthr;i t0jwoo J'West-ramhiie to offend taufEn Cross,Hw tr tde►7Mkr«n to offend 9 Linda Kennedyy,Hu&-n He_igetirs tftwbit to attend Staff thankeelthe Protect Core Team for their work on this project,and i iformed them that since they met in December,FWPA has discussed with City manageine that the artwork needs to be emplemented more quddtily. Allen reminded all that as Gore Team members on these project they we in the unique.position of acting as an Artwork Selection Panel,art¢previously they had made preliminary selections from the available sculptures curator Dennis Nance presented,and r oted they had also suggested commissioning a local artist to create a work that is relevaritto the community and speaks to our times_ Allen reminded them that subsequently,Council Nk mberJordan recommended revisiting the initial idea of;rig fre- thlmed mile markers for Summer Creek,suggestiig replicatirt;images created by artist JiR Bedgood fc-Vie recently installed Phase I of public an for ChisMI m Trail Park,and the Core Team was receptive to this approach. It was also noted that among the artwo-ks p-e mihargy selected from Dennis Nance's recoemmendanons,the work by artist Melissa Miller tit the prairie theme that this become an important identifier for the community. Allen conveyed that the Chair of the Art Commission recognizes these ideas have come forward and that the Art Commission wants to hear their recom-ner-`Won.Allen said the purposeoftodal(s meeting was to have the Core -eam make reconw enclations to'h_ry Fort Wert`i Art Commission on three(3)artwork approaches for-these public Project Nlannger-Anne Allen Email:aallenu.artscouucilfw.org Phone:817198302$ 7- Public Art Design Proposal for Summer Creek Drive between the City of Fort Worth and Jill Bedgood Execution Copy 18 of 26 �E CITY OF FORT WORTH ART COMMISSION Page 2 of 2 AfEETING I}ATE: May 17,2021 AGENDA IT AE VE d. Summer Creels Altamesa.Public Art PROJECT NAME: Project Approve Project Core Teazn's recommendation of dal priority for two(2:)appitunches for Suunmw[riA-:util.Altamess Public:Art Projects jCouncd District 6j. ACTION ITEM: 1)Prairie-themed miles markers by arti t Jill Bedgood along Summer Creel:Drive between Artamesa and McPhmsan Boulev-rds,76123 2)Prairie-themed g1eway sculptures by artist Melissa miller on Summer Creek Drive, at the intersections of Xtamesa anA McPhuson Bo,,Aer^ards,6123 art p-ojeccs and stated that there is su fficient fun"gft all three app-oaches.1)m'a markers by Jill Eedgeod,.2) alwcck by NlElissa Miller and 3)commissioning a local artist to create a work. Project Core Team members then discussed these options and asked questions of staff-The Core Team made it clear they varantedto utilize as much of-the public art funding as possible within the allowable time frame,and that implementing the mile markers by Jill Bedgood and commissioning W_ lissa Miller to scale-up her prairie the-reed works seemed the most likely to arNeve this.There was also a desire expressed that the works be as am taus mW impactfUl as the budget will allow,with a theme that would lend a sense of continuity to the neighborhood.Them. felt that Melissa Miller's work could r�reate a type of gateway at the north and south ends of Summer seek Drive, and tha adding fighting to her vrjrk w oubd be more impactitil. Peters mentioned that white the first two approaches are atready part of approved FWPA Amaral Work Plans, commissioning a local artist would need to be added to ow-2022 Annual Work Plan,which begins October 1,202L Commisskywr Ttmrnpscm summarized the consensus s'ie was hearing from the group_Allen then emailed balots to a!partidpamts.A s,'{gte round of empail bagots r esufted in;a recmmmendation ofpua-suingall three approaclms if time artd 1A*et al'3w,with priority being assiifreed to the mile markers by Jill Becigood and two gateway atom—rks by Melissa Mille-.Orrnmiss: min?a local artist is also desired ifthe fund remain available in FY 2022. Results of Email Ba11c-IS'nele Rc4md of to ta: JillPieftrAd BasileMarl_e-s 6:'otes Melissa Wer,Gateways h Votes lotat Artist.Commission 5 Votes Project N-tanager:Amte Allen Email:amfie>�'u)artscoitnctlf►v.org Phone:817.298-3028 Public Art Design Proposal for Summer Creek Drive between the City of Fort Worth and Jill Bedgood Execution Copy 19 of 26 Exhibit B: Site Mile Markers each mile along the approximately 3 mile length of Summer Creek Drive between Altamesa Boulevard on the north and McPherson Boulevard on the south, 76123 (CD 6) Suar.nr_,fre lc ex Sraad:d arras d_;mn kK-.Dcos t7h:ao puNK art fun cis(2M l*,w)can tzar spent _ a � SRC s1• a' aI Site Raps/summer Creek at McPherson J Art Eligible Locations Sumn,_r dtak at w tere"it ort funds(2tX',S Bondy can to rp:nt 'A Public Art Design Proposal for summer Creek Drive between the City of Port Worth and Jill Bedgood Execution Copy 20 of 26 Exhibit C: Artwork Design Concept Mile markers will utilize a selection of existing drawings created by artist Jill Bedgood for Phase 1, Public Art for Chisholm Trail Park, The Pond and Flora and Fauna I T ;lilt Bedgaad,ChishaUn Trail Park A'r• �;. . Public Art Design Proposal for Summer Creek Drive between the City of Fort Worth and Jill Bedgood Execution Copy 21 of 26 Exhibit D: Implementation Budget FORT WORTH PUBLIC ART PROJECT BUDGET Please complete this form and attach a sign ad recelpI or estimate complete wlIn par unit costs(no lump sums)for all items de signaled with an asterlsk('),Cost Increases must also have a written as11ma(a all ached. ARTIST'S FEE TRAVEL (For artists who live more than 50 miles from Fort Worth) Airfare Car Rental Per Diem Expenses at$�per day Mileage at$�per mile INSURANCE Auto/Hired Vehicle Liability General Liability for Artist/Subcontractors Worker's Comp./Employer's Liability Other,as applicable ADMINISTRATIVE EXPENSES Phone/Fax Delivery/Shipping(for correspondence,samples,models,drawings etc) Reprographic Service Supplies PROFESSIONAL CONSULTANT FEES (If applicable,drawing must be signed and sealed by a professional registered to practice in the State of Texas) Architect" Structural Engineer* Electrical Engineer* Conservator* Photographer(for documentation of completed work)* Other* MATERIALS (Please attach a complete list of materials.Itemize all anticipated aspects and components with per unit cost estimates) Materials*Total FABRICATION COSTS (Include and itemize all portions of subcontracted work and work to be completed by artist,) Artist's Labor(W hours at$_per hour)Total Subcontracted Labor*(Total) Facility/Equipment Rental(used exclusively for this project)related to fabrication SITE PREPARATION (Do not include costs covered by FWPA,City of Fort Worth or others) Test Drilling* Removal* La ndscapi ngll rrig ation* Electrical Modifications* Water Work/Mechanical Devices Other* (Revised May 2011) Public Art Design Proposal for Summer Creek Drive between the City of Fort Worth and Jill Bedgood Execution Copy 22 of26 TRANSPORTATION Materials to Fabrication Site* Finished Work to Installation Site* Other* BASEXI OUNTI NG Base Mounting Devices and Components Foundation/Footing Other INSTALLATION COSTS (Costs must include allowance for after hours installation,if applicable.Please attach a complete list of equipment and individual estimates with this form) Subcontracted Labor* Scaffolding* Equipment Rental related to installation* Off-duty Police/Securfty* Traffic Barriers* Storage Facility Rental' City Permits Display Devices Fireproofing* Site Restoration* Other' LIGHTING Designers* Fixtures* Bulbs' Site Preparation* Installation* GRAND TOTAL Please make any necessary notes here: Prepared By: Date: (Revised May 2011) Public Art Design Proposal for Summer Creek Drive between the City of Port Worth and Jill Bedgood Execution Copy 23 o1726 Exhibit E Insurance Requirements PUBLIC ART PROJECTS-INSURANCE REQUIRMvIENTS Artist shall meet all the following insurance requirements for this Project. If A-tist sL`rcontracts .fabrication, transportation, and/or installation of *-a Work, then Artist shall also require iris subcontractor(s)to abide by all ofthe foslow°ing insurance requiremients Commercial General Liability-(C GL) $1,000.000 Eachoccurrence $2,030,000 Aggregate limit Cmumage shall include, but not be limited to; the following: pre ise operation:, indetc ardent contracto.s,prtductsfcompkated operations,penonal injury,and contactuJ.liability Insurance sL 11 le provided on an occurrence basis,and be as comprehensive as the mureuf Insm-ance Seirices Office ISQ) pokey.The g:,licy shall more City as an addrttanal insured_ Bailee' 'Fropertk(if applicable) The inland maivrae pr l ey shall la ovihe per occurrence coverage at rep-acement cast value based on d-� latest appraised value of the Artwork, which is:entrusted to the Artist and i=- considered to Le in tL?L Artist's Bare,custody,and controi and shall include property"in transit" Automobile Liability 1,000,000 Each accident or S250,000 Bodily Injury per person $500,000 Bodily Injury per occurrence 190,000 Property Damage A commercial business policy shall proxide coverage ok'Airy Auto,"defiled as autos ownett,hired an non-owned. For Artist and/or Artist's Subcontractors who lin,-e employees:Mikes'Compematior. Statutory limits Ernplo,yer's liability s160000 Each accident/c--cur-ence IE ,0G0 Disease-per each employee S500,0010 Bodily Waty/Disease-policy limit 1ir'orken' Compensation coverage shall Farrvida.limit: consistent with statutory benefits outlined in the Texas workers'Compensation.Act(Ait 9308—1_01 et seq. Tem Rev.Cis-.Stat.). GENEILAM POLIC's REQUTl tEME TS The certificate of insurance shall include an endorsement naming the City of Fort Woit%its'ONwers, Em,la yeyeees and Voluuten-s a an"Additional Iusured"on all liability policies. Exception...the atlditioual insured.requiremrent does not apply to Workers'Compensation or Automobile policies. Public Art Design Proposal for Summer Creek Drive between the City of Fort Worth and Jill Bedgood Execution Copy 24 of 26 ju-tist i:res-ponsible for providing the City a thirty dw, (3P.notice of cancellation or non-renew-al of any insu.-amee policy and may net change the term-ana cor&icns of any r-jhcy that would limit the scope or P�-verage,or otherivise alte or dis allovL coverage as€eqiured herein. IN:aiver of rights of recovery(subrogation)ii-fax-or of City of Fait Worth. The insurers for all policie-must be licensedhanzoved to do bumess in the State of Texa.. All intw*is must have a minimma rating of A-VII in the curremi A.M.Best Kky Rating Guide or have reasonabl- equivalent financial atieneh and sol-ency to the satisfaction ofFdsk-Management. If the rating is V elov, that required,written 4XOV21 Of RiA Management Lze;luired. If insm-ance policies are not v6ritten fot specified coverage limits, an Umbrella or Exresss Liability instmancie for any differewa-i-re y.aired. Excess Li3hihty shaU foMiv form of the primmyco-kwa&!- "Unles:.otherwise stated,c]I required insurance shall be written on an"oecunrence basis." The deductible or self-insured retention(SIR)affecting required insurance coverage shall be;bweptable to and approved in writing by the FjA Manager of City of Fort Worth in repr& to asset vakae and stockholders'equity. In Lieu of traditional insurance,Aternati%e ooveragemaintained throughiumnonre :izols or tU retentior groups,must also approved 4y City's Risk.Manager. City,at Its SJ,,U diSC-EtiOn,reserves the right to review the insurance requirement and to make reasonalAe 34jusbuents to inswance coverages and their limits when deemed necessary and pmaent by City based upon changes in statutory law, court decision or the claims history of the industry as vvelll as of the contracting party to City of FortUlorth. City shall be required to provide prior notice of ninety day--.. City shall be entitled,upon request and without expense,to receive copie--of policies and endorsements thereto and may make any reasonatle requests far deletion aT re-vision or modifications of particular policy term,-,concutions,limitations,or exclusions except where policy provisions are established by law or regulationt.binding upon either of party or the undeiwriter on any such policies. Public Art Design Proposal for Summer Creek Drive between the City of Fort Worth and Jill Bedgood Execution Copy 25 of 26 Exhibit F Sales Tax Exemption 'ku"01-330(Oack) JfAi(Rey.4.73fe) Texas Sales and Use Tax Exemption Certification This certificate does not require a number to be valid. Name of purchaser,firm or agency City of Fort Worth,Texas Address(Street&number.P.O.8ox or Route number) Phone(Area code and number) 200 Texas Street 817-392-8517 City,Stale,ZIP code Fort Worth,Texas 76102 I,the purchaser named above,claim an exemption from payment of sales and use taxes(for the purchase of taxable items described below or on the attached order or invoice) from: Seller: All Vendors Street address: City,State,ZIP code: Description of items to be purchased or on the attached order or invoice: All items.Purchaser acknowledges that this Certificate cannot be used for the purchase,lease or rental of a motor vehicle Purchaser claims this exemption for the following reason: Municipality,Governmental Entity I understand that I will be liable for payment of all state and local sales or use taxes which may become due for failure to comply with the provisions of the Tax Code and/or all applicable law. I understand thatitisacdminaloffensetoglveenexemptloncertificatetogfosellerfortexablellemsthatl know,at the tlmeofpurchase, willbeusedlnamannerotherthanthatexpressedin this certificate,anddependitigontheamountoftaxevaried,the offonsomayrango from a Class C misdemoanor to a felony of Ilia second degree. Purchaser 'Hilo Data sn here Finance Director/CFO ldal tq NOTE: This certificate cannot be Issued for the purchase,lease,or rental of a motor vehicle. THIS CERTIFICATE DOES NOT REQUIRE A NUMBER TO BE VALID. Sales and Use Tax"Exemption Numbers"or"Tax Exempt'Numbers do not exist. This certificate should be furnished to the supplier. Do not send the completed certificate to the Comptroller of Public Accounts. Public Art Design Proposal for Summer Creek Drive between the City of Port Worth and Jill Bedgood Execution Copy 26 of 26