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Contract 57789
CSO REC D CITY SECRETARY C-CRTI"iACT ISO. 9 AGREEMENT BETWEEN THE CITY OF FORT WORTH AND GOSSYPION INVESTMENTS, LLC. FOR PRELIMINARY DESIGN FOR HORNE STREET PUBLIC ART PROJECT This Agreement is entered into this 1st day of July , 2022, 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("City"),and Gossypion Investments,LLC,a Texas limited liability corporation,located at 6916 Clearhaven Drive,Dallas,Texas 75248,and acting by and through Darryl Ratcliff, its duly authorized Co-Founder("Artist").The 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 desi ated 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 ec nomic vitality in the City through the artistic design of public spaces; WHEREAS, City is making improvements to Libby Avenue from Faron Street to Horne Street and Horne Street to Littlepage Street as well as to Humbert Avenue from Faron Street to Horne Street (Council District 3); WHEREAS, City is concurrently revitalizing the Horne Street streetscape from Camp Bowie Boulevard to Vickery Street with assistance of Project Consultant; WHEREAS,this Project was included in the Public Art Plan for the 2018 Bond Program,adof ted by the Fort Worth City Council on November 6, 2018, as M&C G-19401. The project is also included in the Public Art Fiscal Year 2021 Annual Work Plan adopted by City Council on September 22,2020 as M C 20- 0678; WHEREAS, the Contract Manager conducted an Artist Selection Process based on qualifications, in accordance with the Project Outline and the guidelines in the Fort Worth Public Art Master Plan Update, adopted by City Council on October 17, 2017 (M&C G-19140) and, on July 19, 2021, the Fort Worth Art Commission("FWAC")approved the Selection Panel's recommendation of Artist for the project; WHEREAS, City and Artist wish to set out the terms and conditions under which said Works all 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 OFFICIAL RECOkD Agreement between City of Fort Worth CITY SECR f 3 And Gossypion Investments,LLC for OR.LH T Preliminary Design of Horne Street Public Art Project 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 of Fort Worth and Artist for Preliminary Design of public art for the Site. 1.2. Artist — Means and includes Gossypion Investments, LLC, a Texas limited liability corporation,and its officers, directors, or employees. Gossypion Investments,LLC is an artist consultancy in the business of consulting and providing artistic services.A resume is attached hereto as Exhibit"A." 1.3. Artwork Design—Means and includes the Preliminary Design of the Work,which is defined in 1.3.a.below. 1.3.a.Preliminary Design—Means all developed preliminary drawings,sketches,prototypes, maquettes, models, narrative descriptions, budget estimates, and the like that are created by Artist in connection with this Agreement and/or any prior agreement between Artist and City for the Work. 1.4. City—Means and includes the City of Fort Worth,Texas. 1.5. Contract Manager—Means and includes the Arts Council of Fort Worth and Tarrant County, Inc.,and its officers,directors,and employees. 1.6. Effective Date—Means and includes the date represented in the first paragraph of this Agreement. 1.7. Parties—Means and includes City and Artist. 1.8. Preliminary Design 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 prior to proceeding to the Final Design phase of this Agreement. 1.9. Project—Means and includes the capital improvement or public art development undertaking of City for which Artist's services are to be provided pursuant to this Agreement.A Project Outline attached hereto as Exhibit"B"describes the parameters and expectations of the project. 1.10. Project Consultant—Means and includes Kimley-Horn and Associates,Inc. 1.11. 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, page 23. 1.12. Project Stakeholders — Means and includes the appropriate City Council Member(s), the Horne Street Project Core Team,and the FWAC's appointed representative and others as may be appropriate. 1.13. Site—Means along Horne Street at the intersections of Libbey Avenue and Humbert Avenue (76107) in Council District 3, identified in the Project Outline. Further details are attached hereto as"Exhibit C." Page 2 of 43 Agreement between City of Fort Worth And Gossypion Investments,LLC for Preliminary Design of Home Street Public Art Project 1.14. Work—Means and includes the finished object(s)of art and design that are the subject of this Agreement, or any intermediary stage of completion of such work as part of Preliminary Design. ARTICLE 2 SCOPE OF SERVICES AND DELIVERABLES 2.1. Scope of Services. a. Artist shall perform all services and will furnish all supplies, materials, and equipment as necessary for developing a Preliminary Design of the Work and for providing the Preliminary Design Deliverables. Services shall be performed in a professional manner and in strict compliance ith all terms and conditions in this Agreement. 7 b. Artist shall determine the artistic expression, scope, design, color, size, material, and texture of the Work, subject to review and input from Project Stakeholders and approval by City as set forth in this Agreement. City may request changes to the Artwork Design from time to time under this Agreement, and Artist will accommodate City's requests. C. The location at the Site where the Work shall be installed shall be mutually agreed upon by City and Artist. d. Artist shall review existing documents including the Lake Como Park Public Art Master Plan, the Como 100 Year Celebration Booklet,and other community documents as appropriate.Artist shall also review existing public artworks at Lake Como Park and the Como Community Center. e. Prior to commencing the Preliminary Design, Artist shall meet with and seek input from Project Core Team.Artist shall also work with Project Core Team to identify key groups and individuals for rther outreach which may include,but is not limited to business leaders, business associations,foundations, schools,youth and senior populations, community leaders, and neighborhood groups. f. Artist shall implement Horne Street Community Engagement Plan for Preliminary Design, attached hereto as Exhibit "D," which includes a minimum of four (4) meetings with community roject Stakeholders for research to aid the development of a Preliminary Design including: 1. Three(3)small meetings of twenty (20)or less; and, 2. One(1) large community event of forty (40)people or more. g. Artist shall provide an event schedule and timeline in writing to Contract Manager for revie11V and input. Notice of changes to schedule by Artist shall be given at least one(1) month prior to the event for publicity purposes. h. This Project includes an Artist-led mentorship program for emerging artists, all of whom are at least eighteen (18) years of age,to gain public art experience. Prior to initiating this program, Arti shall seek input from Project Core Team and Contract Manager for conducting a selection process 1`6 three (3) to five (5) local artist participants. Details for the program in the Preliminary Design phase are attached hereto as Exhibit"E."It is understood by all Parties that there is no contractual relati nship Page',3 of43 Agreement between City of Fort Worth And Gossypion Investments,LLC for Preliminary Design of Horne Street Public Art Project between the City and the participants of the mentorship program. All participants must provide a signed waiver included as Exhibit "T." i. Artist shall provide Contract Manager with a copy of a draft letter of agreement for mentorship program participants for review and approval,which outlines involvement for the Preliminary Design phase and anticipated future phases of the Project. j. For mentorship program, as described in Exhibit"E,"Artist shall embed participants into their public art process including, but not be limited to,the following formats: 1. Leadership retreat during which Artist shall discuss their philosophy on public art, social practice, and other foundational topics with participating artists. 2. Three (3) planning meetings for Project during which time Artist shall work with participating artists on details for upcoming community meetings or events and design development. 3. Inclusion of participating artists in community meetings and events in various roles as deemed appropriate by Artist. 4. Mentees shall submit materials in association with this mentorship, which will be submitted by Artist as part of Preliminary Design Deliverables(See 2.3.a.iv). k. Artist shall attend Horne Street Revitalization community input meetings with Project Consultant and City staff when available. 1. Artist, upon request of Contract Manager, shall provide information and/or attend meetings as necessary with appropriate City staff for purposes of risk assessment, safety review, sighting of the Work, and permitting. M. Artist shall explore concepts for the Work,within the implementation budget set forth in Article 2.3. n. Artist shall meet and coordinate with Contract Manager,Project Consultant, and others,as necessary, to integrate the Work into the Site in terms of electrical or other infrastructure needs to support the Work. o. Artist shall present the Preliminary Design to the FWAC for joint review with the Project Core Team, other Project Stakeholders, the appropriate City staff, and the FWAC's approval at a regularly scheduled FWAC meeting with a date and time mutually agreed upon. The Preliminary Design shall subsequently be shared with City boards or commissions, as appropriate. P. Artist shall allow video recording and photography of their participation during activities related to this Project such as presentations and meetings.It is the City's intention to use Artist name and likeness in association with this Project. q. In order to maintain the integrity of the City of Fort Worth's public art process, for the duration of the Agreement, if Artist intends to seek his/her own publicity for the Work, including publication of the Page 4 of 43 Agreement between City of Fort Worth And Gossypion investments,LLC for Preliminary Design of Horne Street Public Art Project artwork design on Artists website or social media, such efforts will occur after Artwork Design has been approved by the FWAC. Any potential publicity being sought for the Work, including press/media release(s), must be approved, in advance,by Contract Manager, and shall credit the City of Fort Worth substantially in the following form, "an original artwork commissioned by and in the public art collection of the City of Fort Worth, Texas." A social media plan must be approved, in advance,by Contract Manager, and shall include the hashtag#fwpublicart.City shall tag Artist when promoting this Project when appropriate. Artist and City acknowledge Artist documents their social practice via social media,therefore Artist may use their own social media account(s)to promote roject meetings and happenings open to the public based on schedule of events provided to Contract M nager as noted in 2.1.g. Such documentation shall be made available to City as part of Preliminary esign Deliverables. 2.2. City Assistance. Upon request by Artist, City shall promptly furnish all information and materials required by Artist to the extent that such materials are available. City,upon request by Artist,shall also provide correct scaled drawings of the Site, if available. 2.3. Preliminary Design Deliverables. a. Within four(4)months after the Effective Date,Artist shall provide services and all supplies,mat rials, and equipment necessary to provide certain deliverables, as set forth in this Article 2.3 to City for approval. Preliminary Design Deliverables shall consist of the following: i. Detailed, design illustrations for the Work for the Site, which shall be in a high-resolution iigital format, such as JPEG or T1F 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 based on community engagement as well as materials, fabrication, and installation methods, timeline for completion, and anticipated annual maintenance requirements; iii. The Artist's Horne Street Community Engagement Report and Plan including: 1. Summary and analysis of community outreach completed as part of Preliminary Design including, but not limited to, findings, issues, opportunities, and emerging themes Raw data shall be shared with Contract Manager as well as appropriate. 2. Community stakeholder meetings or events proposed as part of Final Desigp and Commission phases. This plan shall include, but is not limited to, intended purpose and target audience details per meeting or event. 3. A mentorship program further described in 2.3.a.iv below. Page e 15 of 43 Agreement between City of Fort Worth And Gossypion Investments,LLC for Preliminary Design of Horne Street Public Art Project iv. The Artist's Mentorship Program Report and Plan for three (3)to five (5) local artists including, but not limited to: 1. Overview narrative and summary to date of Mentorship Program initiated as part of Preliminary Design. 2. Deliverables as indicated in Exhibit"E"from participating artists including logged hours and essays or other documentation as deemed appropriate by Artist. 3. Mentorship meetings and events expected for Final Design and commission phases, including what the participating artists will assist with. 4. Expected learning outcomes based on this program. V. Photography and final edited video documentation of community engagement and mentorship programs as part of Preliminary Design. vi. A preliminary budget estimate, presented on the budget form attached hereto as "Exhibit E," for costs of Final Design and Commission of the Work in an amount not to exceed$127,920.00 which includes all costs for Horne Street Community Engagement Plan, Artist Mentorship Program, materials, engineering, labor, fabrication, delivery, installation, insurance (City requirements attached hereto as "Exhibit F"), travel costs, transportation, remaining Artist's fee of$18,720.00 and all other associated costs for the Work; and vii. Artist shall provide the Preliminary 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 associated with the Work will be retained for archival and exhibition purposes. b. Preliminary Design Deliverables shall be submitted to the Contract Manager two (2)weeks prior to the scheduled Preliminary Design presentation for staff review. 2.4. Preliminary Design Review. a. Upon completion and submission of the Preliminary Design Deliverables and acceptance by Contract Manager, Artist shall present the Preliminary Design 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 with a date and time mutually agreed upon. The Final Design shall subsequently be shared with City boards or commissions,as appropriate. b. City shall notify Artist of its approval, or disapproval, of the Preliminary Design within thirty (30) business days of Artist's presentation to the FWAC. C. If City disapproves of the Preliminary Design, either in whole or in part,then City shall inform Artist of each revision to be made to the Preliminary Design. City may require Artist to make such revisions to the Preliminary Design as City deems necessary in its sole discretion and/or for the Work to comply Page 6 of 43 Agreement between City of Fort Worth And Gossypion Investments,LLC for Preliminary Design of Horne Street Public Art Project 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 revisio (s) to present the revised Preliminary Design in conformance with City's requirements. e. If City disapproves of the resubmitted Preliminary Design, any further Preliminary Design 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 for work performed per the payment schedule in Article 3 up through the date of termination. (See 4.4.d) f. Upon City approval of the Preliminary Design, any revisions made to a City-approved Preliminary Design shall become part of the Preliminary Design. Artist shall incorporate any City-approved revisions into the final design in conformance with City's requirements. Any revisions shall b come part of any final design deliverables if the Artist proceeds to the final design phase. ARTICLE 3 COMPENSATION AND PAYMENT SCHEDULE 3.1. Compensation. Total compensation to Artist under the Agreement shall be in an amount up to SIXTEEN THOUSAND, EIGHTY DOLLARS AND NO CENTS ($16,080.00)which shall constitute full compensation foray and all costs associated with the Agreement, including, but not limited to professional consulting, an Artist's fee of$10,080.00, an allocation of$2,500.00 for the Horne Street Public Art Community Engagement Plan for Preliminary Design, up to$2,500.00 for the Horne Street Artist-Led Mentorship Program Plan for Preliminary Design, and all other services performed and materials furnished by Artist under this Agreement. Artist and City may amend this Agreement to allow for additional payment if additional services are required. 3.2. Payment Schedule. a. City agrees to pay Artist in the following installments set forth below, each installment to rep�resent full and final, non-refundable payment for all services and materials provided prior to the dui date thereof: i. THREE THOUSAND DOLLARS AND NO CENTS ($3,000.00) within thirty (30) calendar days upon execution of this Agreement and after Artist meets with Project Core Team to ggather input prior to Preliminary Design development. ii. TWO THOUSAND TWO HUNDRED FIFTY DOLLARS AND NO CENTS $2 2 0.00 upon 50% completion of community outreach and mentorship program as indicated in S ction 2.1.g, further detailed in Exhibit C. Page 7 of 43 Agreement between City of Fort Worth And Gossypion Investments,LLC for Preliminary Design of Horne Street Public Art Project iii. TWO THOUSAND, TWO HUNDRED FIFTY DOLLARS AND NO CENTS ($2,250.00) upon 100% completion of community outreach and mentorship program as indicate in Section 2.1.g, further detailed in Exhibit C. iv. THREE THOUSAND DOLLARS AND NO CENTS ($3,000.00) within thirty (30) calendar days after Artist submits all Preliminary Design Deliverables required under Article 2.3 of this Agreement. V. ONE THOUSAND DOLLARDS AND NO CENTS($1,000.00)within thirty(30)calendar days after Artist makes presentation(s)of the Preliminary Design to the F WAC,the Project Core Team, and other Project Stakeholders at a regularly scheduled meeting of the FWAC. vi. ONE THOUSAND, EIGHTY DOLLARS AND NO CENTS ($1,080.00) within thirty (30) calendar days after City's approval of the Preliminary Design and submission of Affidavit of Bills Paid, attached hereto as"Exhibit G,"for mentorship program participants. vii. An Artist-Led Mentorship Program allowance of$500.00 per local artist participant for a total of up to TWO THOUSAND, FIVE HUNDRED DOLLARS AND NO CENTS ($2,500.00) for Preliminary Design. Such payment shall be made for actual services rendered only(a retainer fee of 50% per local artist is allowed upon receipt of signed letter of agreement) for such services attached. viii. An engineering allowance of up to ONE THOUSAND DOLLARS AND NO CENTS ($1,000.00) for preliminary consultation as needed. Such payment shall be made for actual services rendered only and upon receipt of an invoice from Artist with the original invoice (a retainer fee of up to 50%is allowed)for such services attached. 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 H"for use by Artist in the fulfillment of this Agreement. 3.4. Artist's Expenses. Artist shall be responsible for the payments of all expenses incurred by the Artist during the performance of this Agreement, including, but not limited to, services, materials, mailing/shipping charges and insurance on submissions to City and/or Contract Manager, 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. Page 8 of 43 Agreement between City of Fort Worth 41 And Gossypion Investments,LLC for Preliminary Design of Home Street Public Art Project 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 "No ice 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 the termination is for the convenience of City,City shall pay Artist for services actually rendered up to the effective date of termination in accordance with Section 3.2 of this Agreement, and Arti 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 full of all monies due for services provided up to the effective date of termination, City shall have the right, in its sole discretion, to poss ssion and transfer of all work product produced by Artist under this Agreement, including, but not 1 mited to, finished and unfinished drawings, sketches, 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. C. If termination is for the convenience of Artist, City shall pay Artist for services actually rende ed up to the effective date of termination in accordance with Section 3.2 of this Agreement. If the Artist was paid for services not yet rendered, the Artist will be required to remit to City a sum equal to all overpayments (if any) made to the Artist pursuant to this Agreement prior to the effective date of termination. Upon payment in full of all monies due for services provided up to the effective clate 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, photographs, models, and designs, up to the effective date of termination. City shall, in addition to the other rights provided in this Article,also have the right to complete orexecute Page 9 of 43 Agreement between City of Fort Worth And Gossypion Investments,LLC for Preliminary Design of Horne Street Public Art Project the Work. Provided however, if the Artist desires to retain all rights to the Work, including the right to fabricate the work after the City has paid the Artist for services rendered, the Artist must remit in full payment of all monies paid by the City. d. If termination is by mutual agreement of the Parties as set forth in Article 2.4,then City shall pay Artist for work performed in accordance with Section 3.2 of this Agreement 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. 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 Preliminary Design 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 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. 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 may submit the matter to non-binding mediation upon written consent of the authorized representatives of both parties 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 Page 10 of 43 Agreement between City of Fort Worth And Gossypion Investments,LLC for Preliminary Design of Horne Street Public Art Project 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 Agre ment, the Artwork Design,Work,and all other work product under this Agreement shall become the property of City, without restriction on future use, except as provided below. Artist shall retain copyrigit and other intellectual property rights in and to the Artwork Design and/or Work. By execution of this Agreement, Artist grants to the City an exclusive, perpetual, royalty free, and irrevocable license to graphically depict or publicly display the Artwork Design and/or Work for any non-commercial purpose whatsoever. For purposes of this limitation, any graphic depiction or display of the Artwork Design and/or Work intended to promote or benefit City, its public services or its public purDoses, regardless of whether or not a fee is charged to the public, or whether revenue is otherwise re eived by City, shall be deemed a non-commercial purpose. b. In view of the intention that the Artwork Design and the Work be unique, Artist shall not make any additional exact duplicate reproductions of the Artwork Design 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 Artwork Design and/or Work, except as those(rights are limited by this Agreement. City may make and disseminate photographs,drawings,and other two- dimensional reproductions of the Artwork Design and/or Work and accompanying materials fQr any municipal purpose. All reproductions by the City shall contain a credit to the Artist and a cop right notice substantially in the following form: "©date,Artist's name." d. Nothing in this Agreement shall prevent the Artist from using images of the Artwork Designand/or Work 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. 6.2. Artist's Address. Page Ll of 43 Agreement between City of Fort Worth And Gossypion Investments,LLC for Preliminary Design of Horne Street Public Art Project Artist shall notify City of changes in Artist's mailing address and email 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. Artwork Design and/or Work shall be the original product of the Artist's sole creative efforts. ii. Artwork Design and/or Work is and will be unique and original, and does not infringe upon any copyright or the rights of any person; iii. Artist has not sold, assigned, transferred, licensed, granted, encumbered, or utilized the Artwork Design and/or Work or any copyright related thereto that may affect or impair the rights granted pursuant to this Agreement; iv. Artwork Design and/or Work(or duplicate thereof)have not been accepted for sale elsewhere; V. Artist has the full power to enter into and 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,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, Page 12 of 43 Agreement between City of Fort Worth And Gossypion Investments,LLC for Preliminary Design of Horne Street Public Art Project WORKERS' COMPENSATION ACT LIABILITY, LOST PROFITS, AND PRO4RTY DAMAGE) AND/OR PERSONAL INJURY (INCLUDING, BUT NOT LIMITED TO, DTH) 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 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 indem iity 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 a d 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 assunies no obligations, implied or otherwise, regarding payment or collection of any such fees or financial oblig tions. 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 HAR LESS 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 pro ibited criteria in any employment decisions relating to this Agreement, and Artist represents and warrants Page 13 of 43 Agreement between City of Fort Worth And Gossypion Investments,LLC for Preliminary Design of Horne Street Public Art Project 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. 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 Assigns. 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. Page 14 of 43 Agreement between City of Fort Worth And Gossypion Investments,LLC for Preliminary Design of Horne Street Public Art Project 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 an this Agreement, but will not be held liable for any delay or omission in performance due to force majeure o other causes beyond their reasonable control, including, but not limited to, compliance with any govennimelit 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 disc etion. 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 revis d 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 Out. 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 terlinate 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. 11.13. Right to Audit. Page 15 of 43 Agreement between City of Fort Worth And Gossypion Investments,LLC for Preliminary Design of Horne Street Public Art Project 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 MBE/WBE. 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),Articles 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. 11.19. Energy Companies. Page 16 of 43 Agreement between City of Fort Worth And Gossypion Investments,LLC for Preliminary Design of Home Street Public Art Project 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 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2, the City is prohibited from entering into a contract for goods or services that has a value of$100,000 or more that is to be paid wholly or partly from public funds of the City with a company with 10 or more full-time employees unless the contract contains a written verification from the company that it:(1)does not boycott energy companies;and(2)will not boycott energy companies during the term of the contract. The terms"boycott energy company"and"company"have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2. To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this I Agreement,Artist certifies thatArtist's signature provides written verification to the City thatArtist:(tl does not boycott energy companies;and(2)will not boycott energy companies during the term of this Agreement. 11.20. Firearms and Ammunitions Industries. 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 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1,the City is prohibited from entering into a contract for goods or services that has a value of$100,000 or more that is to be paid wholly or partly from public funds of the City ith a company with 10 or more full-time employees unless the contract contains a written verification fro the company that it: (1)does not have a practice,policy,guidance, or directive that discriminates against a firearm entity or firearm trade association;and(2)will not discriminate during the term of the contract against a firearm entity or firearm trade association. The terms"discriminate,""firearm entity"and"firearm trade association" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1. To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Artist certifies that Artist's signature provides written verification to the City that Artist: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and(2) will not discriminate against a firearm entity or firearm trade association during the term of this Agreement. 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: Fernando Costa,Assistant City Manager Page 11 of 43 Agreement between City of Fort Worth And Gossypion Investments,LLC for Preliminary Design of Horne Street Public Art Prgject City Manager's Office City of Fort Worth 200 Texas Street,Third Floor Fort Worth,Texas 76102 Copies to: Laetitia Brown,Interim City Attorney Office of the City Attorney City of Fort Worth 200 Texas Street,Third Floor Fort Worth, Texas 76102 Martha Peters,Director of Public Art Arts Council of Fort Worth&Tarrant County 1300 Gendy Street Fort Worth,Texas 76107 2. ARTIST Darryl Ratcliff Gossypion Investments LLC 6916 Clearhaven Drive Dallas,Texas 75248 darryl@gossypion.com (Signature page to follow) 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 Darryl katcliff Assistant City Manager Gossypion Investments,LLC Date: S/Zo z z Date: 7/1/2022 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. OFFICIAL RECORD CITY SECRETARY FT. WORTH,TX age o Agreement between City of Fort Worth And Gossypion Investments,LLC for Preliminary Design of Home Street Public Art Project �1 r^Gl+�ell��2�cltc�c'�v�v Name: Michelle Richardson Title: Public Art Project Manager APPROVED AS TO FORM AND LEGALITY: Jessika Williams Assistant City Attorney FORT ATTESTED BY: U' a nette S. Goodall *. y Secretary •� �1 '. `: Contract Authorization: Form 1295:Not required No M&C required. Ordinance No. 24161-04-2020 OFFICIAL. RECORD CITY SECRETARY FT. WORTH,TX Page 19 o Agreement between City of Fort Worth And Gossypion Investments,LLC for Preliminary Design of Home Street Public Art Project Exhibit A: Artist Resume Darryl Ratcliff 3203 Ash Lane Dallas, TX 75226 tel. (469) 865-9377 daratcliff@gmail.com EDUCATION 2008 Bachelor of Arts, Davidson College GRANTS/AWARDS 2021 • YBCA 10 Fellowship, Yerba Buena Center for the Arts • YBCA 100 Award, Yerba Buena Center for the Arts 2020 • Artist Giving Circle Seed Grant,Yerba Buena Center for the Arts • YBCA/SOCAP Fellowship, Socap Global • Artist Grant, Nasher Sculpture Center 2018 • Cultural Projects Grant, Office of Cultural Affairs, City of Dallas • Cultural Vitality Grant, Office of Cultural Affairs, City of Dallas 2017 • Arts Month Commission, Office of Cultural Affairs, City of Dallas • Project Grant, Embrey Family Foundation • Project Grant, George and Faye Young Foundation • Special Project Grant, Cultural Projects Program, Office of Cultural Affairs, City of Dallas • Communities Innovation Lab Fellowship, Communities Foundation of Texas 2016 • Common Field Convening Scholarship, Common Field Page 20 of 43 Agreement between City of Fort Worth And Gossypion Investments,LLC for Preliminary Design of Home Street Public Art Project • Best Gallery or Artspace, Best of Big D Award, D Magazine • The Arch and Anne Giles Kimbrough Fund Award, Dallas Museum of Art • Special Project Grant, Cultural Projects Program, Office of Cultural Affairs, City of Dallas • Community Vitality Program Grant, Office of Cultural Affairs, City of Dallas 2015 • Artist Grant, Nasher Sculpture Center • Lift Your Voice Advocacy Grant, Embrey and Boone Family Foundations • Foundation Grant, Carnegie Mellon University, A.W. Mellon Educational and Charitable Tru t Fund of The Pittsburgh Foundation. • Special Project Grant, Cultural Projects Program, Office of Cultural Affairs, City of Dallas 2013 • Best Artful Do-Gooder, Best of Dallas Award, Dallas Observer PROJECTS 2021 •YBCA 10 Fellowship, San Francisco, CA. One of 10 fellows who received a year-long fellowship to create artistic and community based prototypes addressing racial equity and climate change to be presented at Yerba Buena Center for the Arts in the fall of 2021. 2020 •YBCA Artist Giving Circle, San Francisco, CA. Inaugural member of the artist giving circle, a group of 12 artists from across the country who received a $250,000 seed investment to reimagine ecosystems and structures for artist and BIPOC led resources. • Gossypion Investments, Dallas,TX. Cofounded a company with Maya Crawford to evolve the role of culture in society. Worked with BIPOC artists, museums, hospitals, businesses, on a variety of projects. Created Gossypion Real Estate Group to address artist housing/live work space and i he G.R.A.C.E Fund making investments in individual artists. • Umbrella Project, Dallas, TX. Organized community members to paint the names of loved ones killed by the police on yellow umbrellas to be used in the protests following the death of George Floyd. The umbrellas received coverage in The New York Times, Rachel Maddow Show, Buzzfged, Dallas Morning News, D Magazine, and Dallas Observer. Also delivered umbrellas to organizers in Tulsa and Portland. Page 21 of 43 Agreement between City of Fort Worth And Gossypion Investments,LLC for Preliminary Design of Home Street Public Art Project • Ash Studios. Dallas, TX. Year 8 of the award winning community based bilingual arts center in South Dallas in collaboration with artist Fred Villanueva that has served over 30,000 people via culture. Created mural for Sylvan{30 Underpass, hosted the #memennial 2019 • Dallas The Remix. Fretz Park Library, Dallas,TX. Co-created a conceptual art piece that takes the form of a play inspired by the 1980s TV show Dallas. Debuted as a sold-out show. Entering into a partnership with D Magazine to tour Dallas The Remix to locations throughout the city. • Black Projects.Talley Dunn Gallery, Dallas,TX. Organized black artists, curators, writers, and collectors to create pipelines and new ideas for the advancement of the black contemporary art community in Dallas, TX. Resulted in new sales by participating artists to collectors, future group show at Talley Dunn Gallery, residency at Mildred Dunn Residency, and a new collective of black culture makers. • Ash Studios. Dallas,TX.Year 7 of the award winning community based bilingual arts center in South Dallas in collaboration with artist Fred Villanueva that has served over 30,000 people via culture. Recipient of Culture Bank grant award through SMU Ignite Arts and TACA. 2018 • Rainbow Heights Neighborhood Improvement Project. City of Garland, Garland, TX. Ash Studios will gather neighborhood histories in a historic black neighborhood and produce a short documentary and permanent entryway sculpture for the neighborhood. • Fall Preview Exhibition, kanju, Dallas, TX. Guest curated a group show of contemporary artists based in Africa represented by the gallery kanju. • Ash Studios. Dallas,TX.Year 6 of the award winning community based bilingual arts center in South Dallas in collaboration with artist Fred Villanueva that has served over 30,000 people via culture • Creating Our Future. Dallas,TX. Year 5 of a project involving civic engagement and artists. COF organized the music community and worked on achieving wins for artists and equity in the 2018 Dallas Cultural Plan. Since 2016 this project has resulted in over$2.2 million dollars of funding earmarked to support individual artists and cultural equity in the City of Dallas. • Creating Our Future. Ft. Worth,TX. Year 1 of a project involving civic engagement and artists. Over 200 Ft. Worth artists have participated in creating a policy agenda for their community. 2017 • Decolonize Dallas,4 site specific exhibitions curated by Michelada Think Tank, in Pleasant Grove, West Dallas, Red Bird Mall, and Vickery Meadows. Commissioned by the Office of Cultural Affairs, Page 22 of 43 Agreement between City of Fort Worth And Gossypion Investments,LLC for Preliminary Design of Home Street Public Art Project City of Dallas and supported by Embrey Family Foundation, George and Faye Young Foundation, SMU Ignite Arts Dallas, KERA Arts and Seek, and the Nasher Sculpture Center. • White is a Color too, New Arts Center, Newton, MA. Michelada Think Tank exhibition examining white liberalism in Boston, MA. • Cultural Equity Speed Dating. CUE Art Foundation, New York City, NY. Michelada Think Tank partnered with Artists of Color Bloc to organize artists and activists to influence the New York City cultural plan. • Ash Studios. Dallas,TX. Year 5 of the award winning community based bilingual arts center in South Dallas in collaboration with artist Fred Villanueva that has served over 25,000 people via culture • Mask Off Exhibition. South Dallas Cultural Center, Dallas,TX. Curated a show of 50 artist made masks with an Office of Cultural Affairs Special Support Grant. • Community Innovation Lab. Dallas,TX., participated as one of 40 fellows in a year-long community innovation lab looking at food justice through a cultural lens. Helped produce Abuelas Table which activated food memories through artistic practices including poetry, visual arts, and zine making. • Ash Studios. Dallas,TX. Year 5 of the award winning community based bilingual arts center in South Dallas in collaboration with artist Fred Villanueva that has served over 25,000 people vi culture. • Creating Our Future. Dallas,TX. Year 4 of a project involving civic engagement and artists.Thus far has resulted in over$700,000 of funding earmarked to support individual artists and cultural equity in the City of Dallas. 2016 • Michelada Think Tank: San Diego. San Diego Art Institute, San Diego, CA. Year long residency focusing on what San Diego can do to improve cultural equity. • Michelada Think Tank: Dallas. Nasher Sculpture Center, Latino Cultural Center, and Ash Studios, Dallas,TX. Four month residency that convened 30 institutions and 120 artists to address cultural equity in Dallas,TX. • Ash Studios. Dallas,TX. Year 4 of the award winning community based bilingual arts center in South Dallas in collaboration with artist Fred Villanueva that has served over 20,000 people via culture. • Creating Our Future. Dallas,TX. Year 3 of a project involving civic engagement and artists. T us far has resulted in over$500,000 of funding earmarked to support individual artists and cultural equity in the City of Dallas. Page 23 of 43 Agreement between City of Fort Worth And Gossypion Investments,LLC for Preliminary Design of Home Street Public Art Project 2015 • Soft Power: Intimacy. Zhulong Gallery, Dallas, TX. Exhibition that demonstrated and theorized on cultural equity. • Michelada Think Tank: Race,Art, and Survival. Los Angeles Contemporary Exhibitions, Los Angeles, CA. Six week residency working on a guide to surviving in the art world for people of color. • Basquiats and Gravy. The Grove, Dallas,TX. Brunch for Dallas creatives to reduce silos in the city and share the work of Creating Our Future. • Michelada Think Tank: Race, Community, and Creative Action. Open Engagement, Carnegie Mellon University, Pittsburgh, PA. • #TheArtivist. Ash Studios, Dallas,TX. Event with Weapons of Mass Empowerment that combined hip hop, poetry, and art to educate and register millennial voters for city government election • Ash Studios. Dallas,TX. Year 3 of community based bilingual arts center in South Dallas in collaboration with artist Fred Villanueva that has served over 15,000 people via culture. • Creating Our Future. Dallas,TX. Year 2 of a project involving civic engagement and artists. Thus far has resulted in $100,000 of funding earmarked to support cultural equity in the City of Dallas. 2014 • Dialogues on Race. Make Art With Purpose. Dallas,TX. Created billboard with artist Rebecca Carter as part of a nationwide public art and design initiative to advance racial justice through media. • City Under The Influence#2. Ash Studios. Dallas,TX. Event in collaboration with SMU Meadows and D Magazine to register millennial voters and advocate for individual artists funding. • City Under The Influence#1. Fashion Art Network. Dallas,TX. Event in collaboration with SMU Meadows and D Magazine to register millennial voters and advocate for individual artists funding. • Margarita Think Tank Round#1. Ash Studios. Dallas,TX. Series of think tanks on how artists can become more active citizens and advocate for the needs of our communities. 2013 • Trans.lation Vickery Meadow. Nasher Sculpture Center. Dallas,TX. Served as the inaugural artist- in-residence for this social practice project initiated by Rick Lowe. • Gloria. Conduit Gallery. Dallas, TX. Event that utilized music and art to create a racially diverse crowd in the Design District. 2012 Page 24 of 43 Agreement between City of Fort Worth And Gossypion Investments,LLC for Preliminary Design of Home Street Public Art Project • Thursdays at The Penthouse. Stoneleigh Hotel. Dallas, TX. Series of events that created a racially diverse audience and changed lives in Dallas, TX. Speaking and Service 2020 • Art+ Change, Dallas Contemporary, Dallas, TX. •Boxed Lunch Series, Fort Worth Community Arts Center, Fort Worth, TX. • Artist Grantz, Cedars Union, Dallas,TX 2019 •Can Artists Be Policy Makers, Common Field Convening, Friends Center, Philadelphia, PA 2018 • Conversation Series, Galveston Arts Center, Galveston,TX. •Guest Lecturer, University of North Texas, Denton,TX. • Panelist, "The History of Censorship, Its Development in the West, and the Phenomenon of Banned Books",The Dallas Morning News, Dallas,TX. 2017 • Ted Lowe Lecture, Walters Art Museum, Baltimore, MD. •Creating Our Future Dallas, CUE Art Foundation, New York City, NY •Conversations:Art, Politics, and North Texas, University of North Texas, Denton,TX. •On Radical Openness, Common Field Convening, Japanese Cultural Center, Los Angeles, CA 2016 • White Privilege in Socially Engaged Art, Open Engagement, Oakland Museum, Oakland, CA. • Criticism and Criticality, Common Field Convening, Little Haiti Cultural Center, Miami, FL. •Visual Arts Grant Review Panelist, National Endowment for the Arts, Washington, D.C. •Residency Review Panelist, Bemis Residency, Omaha, NE. Page 25 of 43 Agreement between City of Fort Worth And Gossypion Investments,LLC for Preliminary Design of Home Street Public Art Project 2015 • Cultural City. Big Bang Conference, Paul Quinn College, Dallas,TX. 2014 • State of the Arts: Contemporary Artists. Dallas Museum of Art, Dallas,TX. • Texas Sculpture Association: Pecha Kucha. Nasher Scupture Center, Dallas,TX. Publications 2020 • Darryl Ratcliff. Artist Oshay Green's ritual practice is bursting with life and wonder.The Dallas Morning News. May 13, 2020. Print/Digital. • Darryl Ratcliff. The Modern in Fort Worth offers an art show from the comfort of your car.The Dallas Morning News. April 30, 2020. Print/Digital. • Darryl Ratcliff. A New Kind of Content: Mark Bradford's End Papers. Patron Magazine. April 2020. Print. • Darryl Ratcliff. Memes Away:The last art show in Dallas made us laugh. The Dallas Morning News. March 24, 2020. Print/Digital. • Darryl Ratcliff. With exhibition at the Dallas Contemporary,this artist on the rise is trying to seduce you. The Dallas Morning News. March 5, 2020. Print/Digital • Darryl Ratcliff. Nida Bangash's exhibition at Talley Dunn Gallery explores the heavy load borne by women of color. The Dallas Morning News. January 30, 2020. Print/Digital • Darryl Ratcliff. 'Lucha Libre 2020' exhibition brings a wealth of artistic talent to Oak Cliff Cultural Center.The Dallas Morning News. January 27, 2020. Print/Digital • Darryl Ratcliff. The Public Trust scores a win with sports-focused exhibition. The Dallas Morning News. January 3, 2020. Print/Digital 2019 • Darryl Ratcliff. The Reasons Why You Should Be Excited for Dallas Art in 2020. D Magazine. December 26, 2019. Digital. • Darryl Ratcliff. In there own words: `The Self Publication' explores issues of racism,internal prejudice, and more. The Dallas Morning News. December 19, 2019. Print/Digital Page 26 of 43 Agreement between City of Fort Worth And Gossypion Investments,LLC for Preliminary Design of Home Street Public Art Project • Darryl Ratcliff. Spike Lee Says Jerry Jones Was on the Wrong Side of History. The Dallas Observer. December 16, 2019. Digital • Darryl Ratcliff. Intimacy and cold salesmanship fill this sound sculpture exploring the process of selecting sperm donors. The Dallas Morning News. December 10, 2019. Print/Digital • Darryl Ratcliff. As Alanis Morissette Prepares to Tour, Let's Take a Closer Look at Jagged Little Pill. The Dallas Observer. December 5, 2019. Digital • Darryl Ratcliff. Can a white male painter create feminist work?John Currin has long tackled #MeToo themes. The Dallas Morning News. November 6, 2019. Print/Digital • Darryl Ratcliff. Kanye West's Jesus Is King Saves No One. The Dallas Observer. October 29, 2 19. Digital • Darryl Ratcliff. A Dallas art gallery examines identity in `How It Looks To Be You In Egyptian Cotton'. The Dallas Morning News. August 23, 2019. Print/Digital • Darryl Ratcliff. Latina Artists in Dallas Showcase Were Told 'No'They Triumphed Anyway. The Dallas Morning News. July 25, 2019. Print/Digital. • Darryl Ratcliff. At West Dallas Gallery Tshirts are Adorned, Bedazzled, Deconstructed, Subverted. The Dallas Morning News.July 22, 2019. Print/Digital. • Darryl Ratcliff. Texas Studio: Chesley Antoinette. Arts and Culture Texas Magazine. July/Au ust 2019. Print. • Darryl Ratcliff. West Dallas Sculpture Park Provides Oasis In Rapidly Changing Neighborhoo .The Dallas Morning News. June 23, 2019. Print/Digital. • Darryl Ratcliff. Let's Judge The Aesthetics of Dallas Municipal Campaigns. D Magazine.June 4, 2019. Digital. • Darryl Ratcliff. First Amendment Machine Examines Free Speech at a Dallas College.The Da (as Morning News. May 1, 2019. Print/Digital • Darryl Ratcliff. At Long Last Hamilton Arrives In Dallas And It Thrills. D Magazine. April 4, 20 9. Digital. • Darryl Ratcliff. Mayoral Candidates Discuss the Future of the Arts In Dallas. D Magazine. March 26, 2019. Digital. • Darryl Ratcliff. In Fort Worth, A Burgeoning Arts Scene Begins To Change The City. D Magazine. March 20, 2019. Digital. 2018 • Darryl Ratcliff. Join the Chancla squad: Dallas Artist Giovanni Valderas Runs For City Council. Arts and Culture Texas Magazine. November 2018. Print/Digital. Page 27 of 43 Agreement between City of Fort Worth And Gossypion Investments,LLC for Preliminary Design of Home Street Public Art Project 2017 • Darryl Ratcliff. Talking Social Sculpture and Theaster Gates with the Nasher's Jeremy Strick. D Magazine. September 26, 2017. Digital. • Darryl Ratcliff. If We Have a Plan to Remove the Confederate Statues, Why Do We Need a Task Force? D Magazine. August 24, 2017. Digital. • Darryl Ratcliff.These Three Dallas Artists are Using the Slow Summer to Innovate. D Magazine. July 10, 2017. Digital. 2014 • Darryl Ratcliff. Your Game Guide to the Dallas Art Fair. Glasstire. April 6, 2014. Digital • Darryl Ratcliff.Jet Set, Go! The Goss Michael Foundation Turnaround. Glasstire. April 1, 2014. Digital. • Darryl Ratcliff. Whites Only:Diversity and the Contemporary Art Dealers of Dallas. Glasstire. March 14, 2014. Digital. 2013 • Darryl Ratcliff. The Zen of Doroshenko: Five Easy Steps to Becoming Almost Famous. Glasstire. September 13, 2013. Digital. • Darryl Ratcliff. Fahamu Pecou:How To Eat Your Watermelon. Glasstire. August 14, 2013. Digital. • Darryl Ratcliff. The Physical Impossibility of Being Black in the Mind of Someone White. Glasstire. August 10, 2013. Digital. • Darryl Ratcliff. Riley Holloway:Shook!At the Fairmont Dallas Hotel. Glasstire. August 03, 2013. Digital. • Darryl Ratcliff. From DIY to DIT:A Microhistory and Possible Future for the Dallas Art Scene. Glasstire. June 21, 2013. Digital. • Darryl Ratcliff. The arts can bring new life to communities and their residents. Dallas Morning News. August 2013. Print. Bibliography 2018 • Ashley Jones. TX Studio: Darryl Ratcliff. Arts+ Culture Magazine. March 2018. Print. • Dee Lara. Social Sculpture. Fort Worth Weekly.January 31, 2018. Print. 2017 Page 28 of 43 Agreement between City of Fort Worth And Gossypion Investments,LLC for Preliminary Design of Home Street Public Art Project • Alaena Hoestter. Dallas Art Space to Fire Marshall: You Can't Fine Us- "We're A Social Sculpture" Dallas Observer. December 15, 2017. Print. • Hady Mawajdeh. Artist Declines to Rehang Work in West Dallas. KERA. April 28, 2017. Radio/Digital. • Hady Mawajdeh.A West Dallas Arts Kerfuffle. KERA.April 21, 2017. Radio/Digital. • Hady Mawajdeh. Artists 'Decolonize Dallas'with a 'Super Fantasy Mercado'. KERA. April 7, 2017. Radio/Digital. • Justine Ludwig. Michelada Think Tank:A Call to Arms in the Quest for Cultural Equity. Patro Magazine April-May 2017. Print. 2016 • Michael Corris. Self Help. Art in America.June-July 2016. Print. 2015 • Alaena Hostetter. Where are Dallas'Artists of Color. D Magazine. August 24, 2015. Digital. i Page 29 of 43 Agreement between City of Fort Worth And Gossypion Investments,LLC for Preliminary Design of Horne Street Public Art Project Exhibit B: Project Outline Horne Street Public Art Project Outline Y _Lt'14 v � I As part of the 2018 Bond Program,the City of Fort Worth is making improvements along Libbey Avenue and Humbert Avenue(District 3).The project sites each extend to the intersection of Horne Street,which is considered "Main Street" in the Como Community.Two schools,Como Montessori and The Como Leadership Academy,are located off Horne Street on Libbey Avenue. The new Como Community Center is also located on Horne Street a few blocks south of Humbert Avenue.As a high traffic area,this location was identified as an impactful place for public art in the Fort Worth Public Art Plan for the 2018 Bond Program. In addition to this improvement, a Horne Street Revitalization Project is now underway through other funding sources, inclusive of the specified intersections. PUBLIC ART SITE AND APPROACH This public art project provides an opportunity for one lead artist*to create a unique,artistic experience along Horne Street near the intersections of Libbey Avenue and Humbert Avenue.The two neighborhood streets are separated by 0.1 mile(a 2-minute walk). Overall,the participatory artwork should be highly visible from a distance,create a layered experience,and connect the present-day diverse community to the area's roots.At their orientation meeting on April 12,2021,the Core Team stated a desire for an artwork that echoes the vibrancy of Horne Street's past while reflecting the 24-hour life oftoday's Como"Main Street."They also discussed the potential for the work to tie in with other public art pieces in the community. *The Project Core Team envisions a hands-on artwork process that acts as a catalyst for young local artists and furthers community togetherness. The lead artist shall act as a mentor to invited local artists within the community to help them gain experience in public art. Additionally, with the assistance of local artists, the Page 30 of 43 Agreement between City of Fort Worth And Gossypion Investments,LLC for Preliminary Design of Home Street Public Art Project production of the artwork shall involve wide-reaching community participation. The lead artist will determine the overall design and integration of artwork into the streetscape, appropriate for the site. PUBLIC ART BUDGET Approximately$200,000.00 (including contingencies and project management costs)was recommended in the Public Art Plan for the 2018 Bond Program, approved by City Council on November 6, 2018 (M&C G- 19041),for the Horne Street Public Art Project.This project is included in the Fort Worth Public Art Fiscal Year2021 Annual Work Plan, adopted by City Council on September 22, 2020 (M&C 20-0678). PROJECT CORE TEAM 1. Wanda Bohannan 2. Elouise Burrell 3. Terrence Butler 4. Dimitria Campbell 5. Larry Crockett 6. Kevin Fulton 7. Phyllis Jackson 8. Kamryn Johnson 9. Eva Williams ELIGIBILITY Staff will recommend 6-8 artists from the Fort Worth List of Prequalified Artists and additionally artists by invitation whose work would be a good fit for the project. Artists for consideration shall have experience working with and engaging diverse communities. Additionally, artists shall be willing to engage local artists in the project and serve as a mentor in the field of art. SELECTION PROCESS SELECTION PANEL MEETING#1 FWPA staff shall present a pool of 6-8 artists for consideration by the Selection Panel.Artists will be contacted prior to being considered,to ascertain their interest and availability to serve as the lead arti t for this project.The Selection Panel shall review the artists' qualifications and select 3 finalists and one alternate. FINALIST ORIENTATION The finalists shall participate in an orientation for the project, including a site visit. This orientation will take place virtually due to COVID-19. SELECTION PANEL MEETING#2 The Artist Selection Panel shall hear interview presentations by each finalist.The Panel may then ask questions pertinent to the project and/or about their professional experience.The Panel will then recommend one lead artist and one alternate for the project. Upon the Fort Worth Art Commission's approval, a Preliminary Design contract shall be executed with the lead artist. MEETING FACILITATOR: Michelle Richardson, Public Art Project Manager,Arts Council of Fort Worth SELECTION PANEL(Voting) 1. Phyllis Jackson, Elected Project Core Team Member 2. Kamryn Johnson, Elected Project Core Team Member Page 31 of 43 Agreement between City of Fort Worth And Gossypion Investments,LLC for Preliminary Design of Home Street Public Art Project 3. Estrus Tucker, Fort Worth Art Commissioner 4. Leslie Martinez,Artist 5. Narong Tintamusik,Artist/Curator ADVISORS(Non-voting) 1. District 3 Director 2. Lissette Acevedo,Transportation/Public Works, City of Fort Worth 3. Shweta Rao,Transportation/Public Works,City of Fort Worth 4. Mary Hanna,Transportation/Public Works,City of Fort Worth 5. Design Project Consultant Representative 6. Patrina Newton, Planning and Data Analytics, City of Fort Worth 7. Eric Fladager, Planning and Data Analytics, City of Fort Worth 8. Martha Obermiller, Economic Development, City of Fort Worth 9. Other Project Core Team Members 10. Others as may be appropriate TIMELINE(Subject to change) Project Outline Approved April 19, 2021 Selection Panel Meeting#1(Finalists Selected) May 2021 Finalist Orientation May/June 2021 Selection Panel Meeting#2 (Finalist Interviews) June/July 2021 FWAC approval July 19, 2021 Page 32 of 43 Agreement between City of Fort Worth And Gossypion Investments,LLC for Preliminary Design of Home Street Public Art Project Exhibit C: Site BURTON HILLS Kimbell Art Mt �. TRINITY TRAILS CRESTLINE AREA $ Westover Hills ItIDGMAR Q100 B ARLINGTON _ WESTRIDGE WEST BEYER HEIGHTS ® rsRk',4 V — wv-� 9 La � A NtwiI{Z so Park Lake Ridglea Country Club Corno0ark COMo SUNSET HEIGHTS SOUTH RIDGLEA H` IILS VILLAGES of STONEGATE IAmerisleep Maoress PHASE I —JStore TheShobs at Clew... r P Page 3 3 of 43 Agreement between City of Fort Worth And Gossypion Investments,LLC for Preliminary Design of Home Street Public Art Project Exhibit D: Horne Street Public Art Community Engagement Plan for Preliminary Design Artist will meet with various Como Community members to research the area and gather wide input for the development of the Horne Street Public Art Project. A total of$5,000.00 will be allocated for Horne Street Public Art Project community engagement, to be divided between Preliminary Design, Final Design, and Commission phases. Funding for the Horne Street Public Art Community Engagement Plan for Preliminary Design shall not exceed$2,500.00. Artist will meet with the Horne Street Project Core Team prior to engaging a wider community audience for input on the project as well as best ways to implement the Preliminary Design Horne Street Community Engagement Plan.Artist will facilitate various community engagement opportunities including: 1. Three(3)community meetings to meet with diverse members of the Como Community. These meetings are planned to be held with various membership groups reflective of the whole community,ideally the following: a. Youth-centered community meeting,which could take the form of a visit with a nearby school, after school program,or sports team. b. Senior-centered community meeting,which could take the form of a visit during programming with the seniors at the Como Community Center,an area church,or in connection with the Neighborhood Association Council or other community organization. c. Intergenerational community meeting,which would be organized specifically for the Horne Street Public Art Project.This meeting may take place in collaboration with various community groups and would be held at a community venue such as Lake Como Park or the Como Community Center. Meetings will be(1)hour each and include approximately twenty(20)people.Activities will include cultural equity speed dating,poetry ball,value sketches,and other forms of engagement that will provide community insight to the artist. 2. One(1)large community event,with a goal to engage the larger Como Community to build excitement as well as discuss some basic design principles, values,and approaches which would be of significant benefit to the direction of the Preliminary Design. This two(2)hour event will include a mixture of verbal,nonverbal,and written exercises designed to elicit values and build towards consensus and is expected to reach a minimum of forty(40)people. 3. A Horne Street Artist-Led Mentorship Program,which is further detailed in Exhibit E. 4. Photography and video documentation of events indicated above. Funding for community engagement will be spent in the Como community whenever possible including, but not limited to, collaboration with professionals,purchasing supplies for meetings from local businesses, and other needs as appropriate. Page 34 of 43 Agreement between City of Fort Worth And Gossypion Investments,LLC for Preliminary Design of Home Street Public Art Project Exhibit E: Horne Street Artist-Led Mentorship Program Plan for Preliminary Design Three(3)to five(5) local, Fort Worth artist participants will be included in this mentorship program to gain public art experience. A total of up to$5,000.00 will be allocated for Horne Street Artist-Led Mentorship Program participants' commitment to the project: each artist will receive a total stipend of$1,000.00, di ided between phases. For Preliminary Design, each participating artist will receive a stipend of$500.00, for 4 total cost of up to$2,500.00. Eligibility: 18 years or older Interest in arts and culture(all disciplines welcomed) Interest in learning how to engage with diverse communities Curious, organized, self-starter Reliable transportation Willingness and availability to meet in-person Preference is given to artists residing in Como Community Commitment: 1. Attendance at leadership retreat, monthly meetings as well as community meetings and events over two(2)design phases. Artist participant shall participate in a minimum of two(2)Preliminary Design community meetings or events as part of the first design phase. 2. Assist artist in the design phase of a public art piece that will be installed in the Como Community. 3. Learn about social practice and community-based art practices. 4. Artist participants will submit deliverables as indicated below as part of this program. 5. Attendance at Fort Worth Art Commission meeting for Preliminary Design presentation. Leadership retreat: A one(1)full day weekend retreat for artist participants to learn theoretical and applied social practice theory as well as develop a familiarity with the artist's practice. This retreat will ensure core competency on diversity, equity, and inclusion. The group will participate in a minimum of four(4)of the artist's social practice engagement activities that may be used as icebreakers in community meetings or larger events including cultural equity speed dating, poetry ball,cultural wealth walk/privilege walk, and definitions game. Part One(Theory) 1. What is art/when is art(include cultural speed dating activity) 2. A brief history of how we got to social practice 3. Deep dive into artist's practice(including poetry ball activity) Part Two(Application) 1. What is community (Cultural wealth walk and skill mapping activities) 2. What is the methodology of community health 3. Deep dive into cultural equity Monthly Meetings: Artist participants will attend monthly meetings(expected one(I)hour each)to reflect on the insights b�ing learned from the community meetings and to plan future community engagement. Meetings will also al w artists to ask questions about the design process,learn the basics of community facilitated design skills, workshop and facilitation techniques, event production, and applied social practice theory. Page 35 of 43 Agreement between City of Fort Worth And Gossypion investments,LLC for Preliminary Design of Home Street Public Art Project Deliverables for Preliminary Design: Timesheet Summary of experience during Horne Street Preliminary Design Discuss social practice knowledge to date,observations witnessed Develop idea for an activity that may be used as part of next design phase for community engagement in association with the Horne Street Public Art Project Proposed Selection Process(subject to input by the Project Core Team): Criteria for Consideration: Submit application that confirms eligibility and availability Submit a statement of interest to artist for consideration by advertised date. Samples of artwork(open media,limit of 5) Artist will review pool of interested individuals and select three(3) to five (S) local,Fort Worth artists to participate in this program.Artists not selected[due to capacity limits]will be included on a project mailing list and invited to attend meetings related to this project as appropriate. Page 36 of 43 Agreement between City of Fort Worth And Gossypion Investments,LLC for Preliminary Design of Home Street Public Art Project Exhibit F: Budget Form PROJECTARTIST ARTIST PROJECT BUDGET PROJECT DEVELOPMENT • COSTS COSTS FEES INSTALLATION Artist Fee(Studio Overhead,Design,Adrrdn) Transportation of Artwork Engineer Permits Lighting Designer Site Preparation/Re wdliation Conservator Footings/Foundations Photographer Electrical Connections/Modifications Other Professional Fees Installer Labor Equipment Rental Traffic control SUB-TOTAL FEES security SUB-TOTAL INSTALLATION TRAVEL (Based on GSA Rates) Transporabon INSURANCE Lodging General Liability(prorated) Per diem(meals and irx identals) Other SUB-TOTALTRAVEL SUB-TOTAL OVERHEAD FABRICATION Materials CONTINGENCY Artist tabor(hours x S per hour) 5%Artist-Fletd Cvntingesecy Required;-Prehminari Design Phase Fabrimtor/Labor by Others GRAN D TOTAL Rentals(equipment,fabrication space,etc) Storage SUB-TOTAL FABRICATION Page 37 of 43 Agreement between City of Fort Worth And Gossypion Investments,LLC for Preliminary Design of Home Street Public Art Project Exhibit G: Insurance Requirements PUBLIC ART PROJECTS-INSURANCE REQUIREMENTS Artist shall meet all the following insurance requirements for this Project. If Artist subcontracts fabrication, transportation, and/or installation of the Work, then Artist shall also require his/her subcontractor(s)to abide by all of the following insurance requirements. Commercial General Liability(CGL) $1,000,000 Each occurrence $2,000,000 Aggregate limit Coverage shall include, but not be limited to, the following: premises, operations, independent contractors, products/completed operations, personal injury, and contractual liability. Insurance shall be provided on an occurrence basis, and be as comprehensive as the current Insurance Services Office(ISO)policy. The policy shall name City as an additional insured. Bailee's/Property(if applicable) The inland marine policy shall provide per occurrence coverage at replacement cost value based on the latest appraised value of the Artwork, which is entrusted to the Artist and is considered to be in the Artist's care, custody, and control and shall include property"in transit." Automobile Liability $1,000,000 Each accident or $250,000 Bodily Injury per person $500,000 Bodily Injury per occurrence $100,000 Property Damage A commercial business policy shall provide coverage on"Any Auto," defined as autos owned,hired and non- owned. For Artist and/or Artist's Subcontractors who have employees:Workers'Compensation Statutory limits Employer's liability $100,000 Each accident/occurrence $100,000 Disease-per each employee $500,000 Bodily Injury/Disease-policy limit Workers' Compensation coverage shall provide limits consistent with statutory benefits outlined in the Texas workers' Compensation Act(Art. 8308— 1.01 et seq. Tex.Rev.Civ. Stat.). GENERAL POLICY REQUIREMENTS The certificate of insurance shall include an endorsement naming the City of Fort Worth, its' Officers, Employees and Volunteers as an "Additional Insured" on all liability policies. Exception: the additional insured requirement does not apply to Workers' Compensation or Automobile policies. Page 38 of 43 Agreement between City of Fort Worth And Gossypion Investments,LLC for Preliminary Design of Home Street Public Art Project Artist is responsible for providing the City a thirtyday (30) notice of cancellation or non-renewal of any insurance policy and may not change the terms and conditions of any policy that would limit the scgpe or coverage,or otherwise alter or disallow coverage as required herein. The workers' compensation policy shall include a Waiver of Subrogation(Right of Recovery) in favor!of the City of Fort Worth. The insurers for all policies must be licensed/approved to do business in the State of Texas. If the subcontractor is an international entity and carries insurance through an international insurance company, then the subcontractor must obtain language on their certificate of insurance confirming that its ins rance policy extends coverage to operations in the United States. All insurers must have a minimum rating of A- VII in the current A. M.Best Key Rating Guide or have reasonably equivalent financial strength and sol ency to the satisfaction of Risk Management. If the rating is below that required, written approval of Risk Management is required. If insurance policies are not written for specified coverage limits, an Umbrella or Excess Liability insurance for any differences is required. Excess Liability shall follow form of the primary coverage. Unless otherwise stated,all required insurance shall be written on an"occurrence basis." The deductible or self-insured retention(SIR)affecting required insurance coverage shall be acceptable o and approved in writing by the Risk Manager of City of Fort Worth in regards to asset value and stockh lders' equity. In lieu of traditional insurance, alternative coverage maintained through insurance pools r risk retention groups,must also approved by City's Risk Manager. City, at its sole discretion, reserves the right to review the insurance requirements and to make real nable adjustments to insurance coverages and their limits when deemed necessary and prudent by City based upon changes in statutory law, court decision or the claims history of the industry as well as of the contracting party to City of Fort Worth. City shall be required to provide prior notice of ninety days. City shall be entitled,upon request and without expense,to receive copies of policies and endorsements t iereto and may make any reasonable requests for deletion or revision or modifications of particular policy terms, conditions, limitations, or exclusions except where policy provisions are established by law or regulations binding upon either of party or the underwriter on any such policies. Page 39 of 43 Agreement between City of Fort Worth And Gossypion Investments,LLC for Preliminary Design of Home Street Public Art Project EXHIBIT H: Affidavit AFFIDAVIT OF BILLS PAID Date: Affiant: Purchaser: Property: Affiant on oath swears that the following statement is true: Affiant has paid each of Affiant's contractors, laborers, and materialmen in full for all labor and materials provided to Affiant for the construction of any and all improvements on the property. Affiant is not indebted to any person, firm,or corporation by reason of any such construction. There are no claims pending for personal injury and/or property damages. Affiant: SUBSCRIBED AND SWORN TO before me,the undersigned authority, on this the Day of , 20_. Notary Public, State of Texas Print Name Commission Expires Page 40 of 43 Agreement between City of Fort Worth And Gossypion Investments,LLC for Preliminary Design of Home Street Public Art Project Exhibit I: Sales Tax Exemption Texas Sales and Use Tax Exemption Certification This oer01Gce&dpeand requke,a nunsheri b i a vaW. n..dp.rr...r. u.R.br ..._.._ C.1�1 of Fad Waft Taber Aft*rOWtft~..FAX Aft a%2V" bW Crtawpa..maaavnae.y 290 Tal 3bmd d1T-8"451a Fat WOrlll,Tom 74102 1,the purchaser named above,Bairn an MMMUon Nom PWnern of sails and use(aWe3(for fhe purer of IaxaNe irxne deaoribed below or an the adhahed order or i rmice)bwn 8e4sr; AN V*MO ra skvm addnes: Cam►.ersor,ZIP aadr Dascrp w of hems tv be p Adowd or an tie alhuhed odor or Ornaft: AN heme.Pu haww adasairledgm 1het drs Caltkaw ranncd be coed for the purdum.lza or cereal ct i r-�- Pumldmu daims Ihka ra wnpaon ror ttw lblaarrrg namn 1Alagelpa%OMarinlarM En ft I tiWwAand tint I vdt be haW far parmant of an Me and locd scales or use{awe wINr may bamms due for lam ID c"/nth the pna ddans or the Tex Coda andler all appIcable law. r�rlst+d,�+rdAlafkiaeadrtt��dpMee�Pt+Aa�ItorebdrA�rmMlbaAaaelAhrrDi+lrcehibMeYmsibat'f efibirAFneolvu�Aaar. rr�ObeaeeidYrenanrrbra8rerfh�dtiaFagpmaaednn►baevG efe,�a►thaemaesMdfeKereobdrheaMensamayen e bow a Chm C mb*"'ewror FO a htry of Nre dsy►ee IseTa� � FlnpAm Olrocfbr?CF{7 77f (rrfig NDTE. iNs eantlienlsr oannarl m iaauad lY(lra purdraaa�laps i,4r rintpl Or atCr Viraido TWS CZRTWVCA TLr DOda IYCTT REOtM;E A(ftMBER TO BE 1A41M alias and Rho Tsw Tw gftn Nurwsa W*r'fax E"wW Nw Oom da fts W* TON 010, Eti t11MM AY%RftWd 1a 1M"WW. bo�atrad lira ams*rlttrd aarlHelllr too Mrtl�lNbe�ar o�Pnh4a I►aeaMnbr. Page 4,1 of 43 Agreement between City of Fort Worth And Gossypion Investments,LLC for Preliminary Design of Home Street Public Art Project Exhibit J: Mentorship Program Participant Waiver Each Mentorship Program Participant will sign the waiver below and return a signed original to the Artist,who in turn shall submit the document to the City prior to participating in the program. CITY OF FORT WORTH WAIVER,RELEASE,AND INDEMNITY AGREEMENT am at least 18 years of age and, for myself,my heirs and assigns,hereby affirm that I am aware that my participation in the Artist-led Mentorship Program("Program") solely managed by Gossypion Investments,LLC,but partly taking place at facilities owned by the City of Fort Worth ("City"), has inherent risks which may result in serious injury or death. As a condition precedent to participating in the Program and entering onto the City's property, I confirm that I understand and accept all risks, dangers and hazards presented by my participation in the Program, and I am participating in these activities freely and voluntarily. In consideration of being permitted to participate in the Program specifically at a City Facility, I hereby assume all risk of harm and injury to myself and others, as well as to the property of others,which may result from my participation in the Program,regardless of the cause or blame. I agree to act in a reasonable and cautious manner in all aspects of my participation in the Program. Further, 1, for myself, my heirs and assigns, in consideration of being able to utilize the Facility and participate in the Program,do hereby FOREVER RELEASE AND WAIVE all claims against the City of Fort Worth,its officers,agents and employees,for injuries,death or property damage which may arise from my use or presence at the Facility. This waiver and release is intended to release and forever discharge the City of Fort Worth, its officers, servants, agents and employees from any and all claims, actions, causes of action,damages,losses or expenses, including attorney's fees whether real or asserted,of every kind or character,arising out of my use of the Facility, including going to and from such Facility. I,for myself, my heirs and assigns, hereby assume the risk of all conditions of the Facility, dangerous or otherwise, all occurrences that may be encountered while using or going to or from such Facility and waive any and all specific notice of the existence of such conditions or occurrences. This waiver is intended to release the City of Fort Worth, its officers, servants, agents and employees even if said injuries, death or other damages are caused in whole or in part by the alleged acts of commission,omission,negligence or fault of the City of Fort Worth, its officers, servants, agents or employees. 1, for myself, and my heirs and assigns hereby assume all responsibility and liability for such injuries or damages,including death,and hereby covenant not to sue the entities and parties named above for such injuries or damages. I FURTHER AGREE TO INDEMNIFY AND DEFEND THE CITY AND HOLD THE CITY HARMLESS FROM ALL CLAIMS,TOGETHER WITH ALL COSTS,EXPENSES,AND LEGAL FEES IN DEFENDING ALL CLAIMS DIRECTLY OR INDIRECTLY ATTRIBUTABLE TO MY USE OF THE FACILITY. THIS INDEMNITY PROVISION (INCLUDING, WITHOUT LIMITATION, INDEMNITY FOR COSTS, EXPENSES AND LEGAL FEES) IS SPECIFICALLY INTENDED TO OPERATE AND BE APPLICABLE EVEN IF IT IS ALLEGED OR PROVED THAT ALL OR SOME OF THE DAMAGES BEING SOUGHT WERE CAUSED AS A WHOLE OR IN PART BY ANY ACT, OMISSION, NEGLIGENCE, GROSS NEGLIGENCE, BREACH OF CONTRACT, INTENTIONAL CONDUCT, VIOLATION OF STATUTE OR COMMON LAW, BREACH OF WARRANTY, PRODUCT DEFECT,STRICT PRODUCT LIABILITY,OR ANY OTHER CONDUCT WHATSOEVER OF THE CITY.I REALIZE THAT BY SIGNING THIS AGREEMENT,I AM GIVING UP MY RIGHT TO SUE THE CITY FOR INJURY, DEATH OR DAMAGE I MAY SUFFER AT THE EVENT. IF ANY COURT FINDS A PORTION OF THIS AGREEMENT TO BE INVALID, THE REMAINDER OF THE AGREEMENT WILL NOT BE AFFECTED. Page 42 of 43 Agreement between City of Fort Worth And Gossypion Investments,LLC for Preliminary Design of Home Street Public Art Project I have read this Waiver,Release,and Indemnity Agreement and fully understand its terms,provi ions and conditions. I have not been influenced to any extent whatsoever by any representations, agreem nts, promises, or statements not contained within this agreement. Dated this day of ,20_ Participant's Signature Address City, State and Zip Code Telephone [REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK] Page 43 of 43 Agreement between City of Fort Worth And Gossypion Investments,LLC for Preliminary Design of Home Street Public Art Project