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HomeMy WebLinkAboutContract 58862CITY SECR ETARY <or~ 11 CONTRACT NO . -~""""""'~,._.~..,..fQ,_°'-~- AGREEMENT BETWEEN THE CITY OF FORT WORTH AND BRENDA CIARDIELLO ART LLC FOR PRELIMINARY DESIGN OF PUBLIC ART FOR CHAPEL CREEK CORRIDOR This Agreement is entered into thi s 2511.. day of ::Ta1tuarj , 2023 , by and between the City of Fort Worth, a home-rule municipal corporation of the State of Texas , acting by and through Fernando Costa, its duly authorized Assistant City Manager, and Brenda Ciardiello Art LLC, a TX Limited Liability Company DBA Brenda Ciardiello , residing at 3425 Hamilton Avenue, Fort Worth , Texas, 76107 . City has designated the Arts Council of Fort Worth and Tarrant County , Inc., DBA Arts Fort Worth to manage this Agreement on its behalf. The Contract Manager shall act through its designated Public Art Project Manager. WHEREAS , pursuant to Chapter 2 , Sections 2-56 through 2-61 of the Fort Worth Code of Ordinances , the Fort Worth Public Art (FWPA) program's goals are to create an enhanced visual environment for Fort Worth residents , to commemorate the City's rich cultural and ethnic diversity , to integrate the design work of Artists into the development of the City 's capital infrastructure improvements, and to promote tourism and economic vitality in the City through the Artistic design of public spaces; and WHEREAS, funding for this project was included in the Public Art Plan for the 2018 Bond Program , adopted by City Council on October 16 , 2018 (M&C G-19401). The Project is included in the Fort Worth Public Art Fiscal Year 2023 Annual Work Plan , adopted by the Fort Worth City Council on November 29 , 2022 as M&C 22--0932 ; and WHEREAS , the Public Art Project Outline, approved by the FW AC on July 11, 2022 , attached as Exhibit "A"; and 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 December 12 , 2022, the Fort Worth Art Commission ("FWAC") approved the Selection Panel 's recommendation of Brenda Ciardiello and SV Randall as Artists to each address the streetli ght poles for a portion of the Site under separate agreements with the City; and WHEREAS, City and Artist wish to set out the terms and conditions under which said Work shall be designed to promote the integrity of Artist's ideas and statements as represented by the Work. NOW, THEREFORE , City and Artist, for and in consideration of the covenants and agreements hereinafter set forth, the sufficiency of which is hereby acknowledged, agree as follows: ARTICLE 1 DE FINITIONS Agreement w ith Brend a C iardi e ll o Art LL C fo r Pre limin ary Des ig n of Publi c Artwork fo r C hape l Cree l Co rrid or I o f2 8 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX As used in this Agreement, the following terms shall have the meanings as set forth below: 1.1. Agreement -Means and includes this agreement between the City and Artist for Preliminary Design of Public Art for the Site. 1.2. Artist -Means and includes Brenda Ciardiello Art LLC. 1.3. Artwork Design -Means and includes the Pre liminary Design of the Work, which is defined in 1.3.a. below . a . 1.3 .a . Preliminary Design -Means all developed preliminary drawings , sketches, prototypes, maquettes , models, narrative descriptions , budget estimates, and the like, created by Artist in connection with this Agreement and/or any prior agreement between Artist and City for the Work. 1.4. City-Means the City of Fort Worth. 1.5 . Contract Manager -Means and includes the Arts Council of Fort Worth and Tarrant County, Inc., DBA Arts Fort Worth, and/or its officers, directors, and employees . 1.6 . Effective Date -Means and includes the date represented in the first paragraph of this Agreement, which shall be the official date of execution of this Agreement. 1.7. Other Project Artist -Means and includes SY Randall LLC who is being contracted separately to address a portion of the Site. 1.8 Parties -Means and includes City and Artist. 1.9. Preliminary Design Deliverables -Means and includes those items set forth in Article 2.3 of this Agreement that Artist is required to su bmit to City for review and approval. 1.10 . Project -Means and includes the capital improvement/public art development undertaking of City for which Artist's services are to be provided pursuant to this Agreement. 1.11. 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. 1.12. Project Stakeholders -Means and includes the appropriate City Council Member(s), the Project Core Team and the FWAC's appointed representative and others as may be appropriate. 1.13. Site -Means the street light poles in the median along Chapel Creek Boulevard between Old Weatherford Highway on the south and White Settlement Road on the north , 76108 (Council District 3), as depicted in the attached Exhibit "B ." 1.14. Work -Means and includes the fini shed object(s) of art and design that are the subject of this Agreement, or any intermediary stage of completion of such work. ARTICLE2 Agreement with Brenda Ciard iello Art LLC for Pre liminary Design of Public Artwork fo r C hape l Creel Corrid or 2 of28 SCOPE OF SERVICES 2.1. General. a) Artist shall perform all services and will furnish all supplies and materials as necessary for developing the Preliminary Design of the Work. Services shall be performed in a professional manner and in strict compliance with all term s and conditions in this Agreement. b) Artist shall determine the artistic expression, scope , design, color, si ze, material , texture and location of the Work, subject to approval by City as set forth in thi s Agreement. City may request changes to the Preliminary Design from time to time under this Agreement, and Artist will addres s City 's requests . c) Prior to commencing the Preliminary Design, Artists shall meet with and seek input from Project Stakeholders , either in-person or virtually . d) Artist shall coordinate with City Transportation and Public Works staff on safety and engineering requirement s the Work. The specific location s at the Site where the Work shall be installed , including the number of street light poles to receive artwork, shall be mutually agreed upon by City and Artist. e) Artist shall select an artist with public art experience from the FWPA Prequalified List of Established Public A rtists , or selected by Artist for review and approval by Contract Manager, to act as a consultant to Artist during this project, as needed. f) Artist , upon request of Contract Manager, shall pro vide information and/or attend meetings with appropriate City staff for purposes of ri sk assessment, safety review , sighting of the Work , and permitting. g) Artist will meet and coordinate with Contract Manager , City staff, and others , as necessary , to explore the feasibility of integrating the Work into the Site in terms of structural support or other infrastructure needs for the Work. h) Artist , upon request of Contract Manager, shall provide information and/or attend meetings with Other Project Artist , to communicate their design concepts and coordinate matters pertaining to the Site. i) Artist shall develop the Preliminary Design within the implementation budget set forth in Article 2.3 . j) Artist shall present, in-person, 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 FW AC meeting . The Preliminary Design shall be sub sequently shared with City boards or commis sions , as appropriate. Agreement with Brend a Ciardie ll o Art LL C fo r Prelimin ary Design of Publi c Artwork fo r C hap el Cree l Co rrid or 3 of 28 j) Artist shall allow video recording and photography of their participation during activities related to this Project such as presentations and meetings . k) 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 artwork design on Artist 's website or social media, such efforts will occur after Preliminary Design has been approved by the FWAC . Any potential publicity being sought for the Work, including social media and 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 ", and social media shall include the hashtag #fwpublicart. 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 three (3) months after the Effective Date and after the City 's issuance of a purchase order, Artist shall provide services and all s upplie s , material s, 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: 1. Detailed , design illustrations for the Work for the Site, which shall be in a high-resolution digital format , such as JPEG or TIF files , showing the proposed Work from multiple vantage points with at least one illustration showing the Work's size and placement in relation to the Site ; 11. A narrative description of the Artist's concept, proposed materials , fabrication , and installation methods , timeline for completion and maintenance, and anticipated annual maintenance requirements; 111. Installation diagram, including approximate weight of the Work and proposed installation or attachment method(s); 1v. A Preliminary bud get estimate , on the budget form attached hereto as Exhibit "C," for Final Design and Implementation of th e Work in an amount up to $213 ,949 .00 which includes all costs for materials , engineering, consulting, labor, fabrication, delivery , installation, insurance (City requirements attached hereto as "Exhibit D"), transportation , remaining Artist's fee of $22,838.00 a contingency of $22 ,556 .00 , and all other associated costs for the Work. Ag ree ment wi th Brenda Ciard iell o Art LL C for Pre li min ary Design of Publi c Artwo rk fo r Chape l Cree l Co rrid or 4 of28 v. 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. All documents, models , and/or drawings will be retained for archival and exhibition purposes . (b) Preliminary Design Deliverables shall be submitted to the Contract Manager no less than two (2) weeks prior to the scheduled Preliminary Design presentation for staff review. 2.4 . Preliminary Design Review. (a) Upon completion of the Preliminary Design Deliverables , Artist shall present the Preliminary Design to the FW AC , Project Core Team, Project Stakeholders , and other community members for review and approval at a regularly scheduled FW AC meeting. (b) City shall notify Artist of its approval, or disapproval , of the Preliminary Design wi thin thirty (30) calendar days of Artist's presentation to the FWAC, Project Core Team, Project Stakeholders , and other community members . ( c) If City requires any revisions to the Preliminary Design, then City shall inform Artist of each revision. 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 with applicab le statutes , ordinances, or regulations of any governmental regulatory agency having jurisdiction over the Site for reasons of safety and security . (d) Artist shall have sixty (60) calendar days from the date City informed Artist of the revision(s) to present the 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 to the Artist per the payment schedule in Article 3 up through the date of termination. (See Article 4.4 .d) In such event, Artist =shall be compensated for any services performed and expenses incurred but not yet paid under the Payment Schedule . (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 become part of any final design deliverables if the Artist proceeds to the final design phase. (g) Upon the expiration of the Term (hereinafter defined) of this Agreement, if the Preliminary Design is accepted by City, negotiations for final design of the Work shall commence, which shall b ecome part of the deliverable under any potential artwork commission contract. ARTICLE3 Agreement with Brend a Ciardi e ll o Art LLC fo r Preliminary De sign of Publi c Artwork fo r Chape l Cree l Co rri do r 5 of28 COMPENSATION AND PAYMENT SCHEDULE 3 .1. Compensation. Total compensation to Artist under the Agreement shall be in an amount not to exceed ELEVEN THOUSAND SIX HUNDRED TWELVE DOLLARS AND ZERO CENTS ($11,612.00), which shall constitute full compensation for any and all costs associated with the Agreement, including an engineering and consulting fee allowance ofup to $4,000.00, an Artist 's fee of $7,6 12 .00 and services performed and materials furnished by Artist under this Agreement. Any changes requested by the City shall not require City to pay Artist any additional compensation 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 represent full and final, non-refundable payment for all services and materials provided prior to the due date thereof: 1. ONE THOUSAND DOLLARS AND NO CENTS ($1,000.00) upon execution of this Agreement. 11. TWO THOUSAND DOLLARS AND NO CENTS ($2,000.00) within thirty (30) calendar days after Artist meets with the Project Core Team and other community members at the site or meets with them virtually to gather input on the project. iii . TWO THOUSAND DOLLARS AND NO CENTS ($2,000.00) within thirty (30) calendar days after Artist submits all the Preliminary Design Deliverables required under Article 2.3 of this Agreement. iv. ONE THOUSAND DOLLARS AND NO CENTS ($1,000.00) within thirty (30) calendar days after Artist makes a presentation of the Preliminary Design to the FWAC, the Project Core Team and other community members pursuant to Article 2.4(a). v. ONE THOUSAND SIX HUNDRED TWELVE DOLLARS AND ZERO CENTS ($1,612.00) within thirty (30) calendar days after City's approval of the Preliminary De sign. vi. City will provide an allowance of up to FOUR THOUSAND DOLLARS AND NO CENTS ($4,000.00) for engineering and consulting. Such payment shall be made upon receipt of an invoice from Artist with the original invoice (a retainer fee of up to 50 % is allowed) for such services attached. 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 s ub stantially the same form as that attached hereto as Exhibit "D," for use by Artist in the fulfillment of this Agreement. 3.4. Artist's Expenses. Agreement with Brenda Ciard iell o Art LLC for Preliminary Design of Public Artwork for Chapel Creel Corridor 6 of28 Artist shall be responsible for the payments of all expenses incurred during the performance of thi s Agreement, including, but not limited to , services, materials , equipment, Artist 's overhead expenses , mailing/shipping charges and insurance on submissions to City, cost of all travel, and costs for Artist's agents , consultants , and/or employees necessary for the proper performance of the services required under this Agreement. ARTICLE4 TERM AND TERMINATION 4 .1. Term. This Agreement shall be in effect from the Effective Date, and, unless terminated earlier pursuant to such provisions in this Agreement, shall extend until final payment to Artist by City . 4 .2. Gratuities. City may cancel this Agreement if it is found that gratuities in the form of entertainment, gifts , or otherwise were offered or given by Artist or any agent or representative to any City or Contract Manager official or employee with a view toward securing favorable treatment with respect to the awarding , amending, or making of any determinations with respect to this performance of this Agreement. 4 .3 . Termination for Cause. If either party to this Agreement shall fail to fulfill their obligations in accordance with the terms of this Agreement, or otherwise violate any of the covenants , agreements , or stipulations material to this Agreement, then the Parties shall first attempt to resolve any disputes arising from this Article 4.3 in accordance with the dispute resolution process set forth in Article 5. If the Parties cannot resolve th e dispute(s), then the disputing party shall thereupon have the right to terminate thi s Agreement upon the delivery of a written "Notice of Termination" specifying the grounds for termination. Termination of thi s Agreement under this provision shall not relieve the party in default of any liability for damages resulting from a breach or a violation of the terms of this Agreement. 4.4. Termination for Convenience. (a) The services to be performed under this Agreement may be terminated by either party, subject to written notice submitted thirty (30) calendar days before termination. (b) If termination is for the convenience of City, City shall pay Artist purs uant to the payment provision in Article 3 , and Artist shall continue to provide the City with services requested by City and in accordance with this Agreement up to the effective date of termination. Upon payment in 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 posses sion 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, provided that no right to fabricate or execute the Work Agreement wi th Brenda Ciardie ll o Art LL C fo r Prelimin ary Des ign of Publi c Artwork for Chapel Cree l Co rrid or 7 of28 shall pass to City. In such event, Artist will be compensated for any services performed and expenses incurred but not yet paid under the Payment Schedule. ( c) If termination is for the convenience of Artist , City shall have the right, in its sole discretion, to pay Artist pursuant to the payment provision in Article 3 or require the Artist to remit to City a sum equal to all payments (if any) made to the Artist pursuant to this Agreement prior to the effective date of termination. If City chooses to pay Artist , then all work product produced by Artist under this Agreement, including, but not limited to , finished and unfinished drawings, sketches, photographs, models , and designs, up to the effective date of termination shall become property of City . If termination is for the convenience of Artist and if such termination occurs after Artist's submittal of Preliminary Design Deliverables required under Article 2.3 of this Agreement, City shall, in addition to the other rights provided in this Article , have the right to complete the Work , iffeasible. ( d) If termination is by mutual agreement of the Parties as set forth in Article 2.4, then City shall pay Artist per the payment schedule in Article 3 up through the date of termination. City shall have the right to possession and transfer of all work product produced by Artist under this Agreement, including, but not limited to , finished and unfinished drawings , sketches , photographs , models, and designs , up to the effective date of termination. In such event, Artist will be compensated for any services performed and expenses incurred but not yet paid under the Payment Schedule. 4.5 . Incapacity of Artist. (a) In the event of Artist's death or Artist becoming physically or legally incapacitated during the term of this Agreement, City shall have the right to terminate this Agreement on payment to Artist or Artist 's successors for all work and services performed prior to death or incapacity. All work product produced by Artist, including, but not limited to, finished and unfinished drawings, sketches, photographs, models, and designs, up to the effective date of termination shall become property of City . (b) Should Artist's Preliminary Design have been approved , in the event of termination under this Article 4.5 , City shall have the right to complete the Work, iffeasible. Due regard shall be made for Artist's intended results (as per Artist 's Preliminary Design) and proper credit and acknowledgement shall be given to Artist. ARTICLES DISP UTE RESOLUTION (a) If either Artist or City has a claim, dispute , or other matter in question for breach of duty, obligations, services rendered or any warranty that arises under this Agreement, the Parties shall first attempt to resolve these issues through this dispute re solution proces s. 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 sh all make a good faith effort , either through email, Agreement w ith Bre nd a Ciard ie llo Art LL C for Prelimin ary Design of Publi c Artwork fo r C hape l Cree l Co rrid or 8 of 28 mail , phone conference , in person meetings, or other reasonable means to resolve any claim, dispute, breach , or other matter in question that may arise out of or in connection with this Agreement. (b) If the Parties fail to resolve the dispute within sixty (60) calendar days of the date of receipt of the notice of the dispute, then the Parties shall submit the matter to mediation in accordance with Chapter 154 of the Texas Civil Practice and Remedies Code and Chapter 2009 of the Texas Government Code , then in effect. Request for mediation shall be in writing and shall request that the mediation commence not less than fifteen ( 15) or more than forty-five ( 45) calendar day s following the date ofrequest, except upon Agreement of the Parties. In the event City and Artists are unable to agree to a date for the mediation or to the identity of a mutually agreed mediator within thirty (30) calendar days following the date of the request for mediation, then all the conditions precedent in this article shall be deemed to have occurred. The Parties shall share the mediator 's fee and any filing fees equally . Venue for any mediation or lawsuit arising under thi s 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 av ailable under law re garding the dispute. (See Article 4 .3) ARTICLE6 OWNERSHIP AND INTELLE CTUAL PROPERTY RIGHTS 6 .1. General. (a) Upon payment in full to Artist or pursuant to the applicable termination provision of this Agreement , the Preliminary Design, Work, and a ll other work product under this Agreement shall become the physical property of City, without restriction on future use , except as provided below. Artist shall retain copyright and other intellectual property rights in and to the Preliminary 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 and publicly display the Preliminary Design and/or Work for any non-commercial purpose whatsoever, except that the Work cannot be reproduced in any thre e- dimensional form without permission from Artist. For purposes of this limitation, any graphic depiction or display of the Preliminary Design and/or Work intended to promote or benefit City , its public services or its public purposes , regardless of whether or not a fee is charged to the public, or whether revenue is otherwise received by City, shall be deemed a non-commercial purpose. (b) In view of the intention that the Preliminary Design and the Work be unique, Artist shall not make any additional exact duplicate reproductions of the Preliminary Design or the Work, nor shall Artist grant permission to others to do so except with the express written permission of City . However, nothing Agreement w ith Brend a Ciardi ell o Art LL C fo r P re lim inary Design of Publi c Artwork fo r Cha pe l Cree l Co rridor 9 of28 herein shall prevent Artist from creating future artworks in Artist 's manner and style of artistic express10n. (c) Artist reserves every right available under the Federal Copyright Act to control the making and dissemination of copies or reproductions of the Preliminary Design and/or Work (including all work product under this Agreement), except as those rights are limited by this Agreement. City may make and disseminate photographs, drawings , and other two-dimensional reproductions of the Preliminary Design and/or Work and accompanying materials for any municipal purpose. All reproductions by the City shall contain a credit to the Artist and a copyright notice substantially in the following form: "© date, Artist's name, Title of Work, All Rights Reserved." (d) Nothing in this Agreement shall prevent the Artist from using images of the Preliminary Design and/or Work (including all work product under this Agreement) for marketing and promotional purposes in connection with the Artist's business. (e) City is not responsible for any third-party infringement of Artist's copyright and not responsible for protecting the intellectual property rights of Artist. (f) Artist is not responsible for third -party infringement of the City's licensed use of the Preliminary Design and Work. 6.2. Artist's Address. Artist shall notify City of changes in Artist's address as set forth in Article 12. The failure to do so, if such failure prevents City from locating Artist, shall be deemed a waiver by Artist of the right subsequently to enforce these provisions that require the express approval of Artist. Notwithstanding this provision, City shall make every reasonable effort to locate Artist when matters arise relating to Artist's rights. ARTICLE 7 WARRANTIES OF TITLE AND COPYRIGHT (a) Artist represents and warrants that: 1. Preliminary Design and/or Work shall be the original product of the Artist's sole creative efforts ; 11. Preliminary Design and/or Work is and will be unique and original and does not infringe upon any copyright or the rights of any person; m . Artist has not sold, assigned, transferred , licensed, granted, encumbered, or utilized the Preliminary Design and/or Work or any copyright related thereto that may affect or impair the rights granted pursuant to this Agreement ; 1v. Preliminary 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 Agreement with Brenda Ciardiello Art LLC for Preliminary Design of Public Artwork for Chapel Creel Corridor 10 of28 v1. All service s 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, a nd 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 omis sions of his/h er officers , agents , employees , and subcontractors. Nothing herein shall be construed a s cre ating 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. 9.1. General Indemnity . ARTICLE 9 INDEMNIFICATION (a) ARTIST COVENANTS AND AGREES TO AND DOES HEREBY INDEMNIFY, HOLD HARMLESS, AND DEFEND, AT ITS OWN EXPENSE, CITY FROM AND AGAINST ANY AND ALL CLAIMS, LAWSUITS, JUDGMENTS , ACTIONS, CAUSES OF ACTION, LIENS, LOSSES, EXPENSES, COSTS, FEES (INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEY'S FEES AND COSTS OF DEFENSE), PROCEEDINGS, DEMANDS, DAMAGES, LIABILITIES, AND/OR SUITS OF ANY KIND OR NATURE, INCLUDING, BUT NOT LIMITED TO, THOSE FOR PROPERTY LOSS (INCLUDING, BUT NOT LIMITED TO, WORKERS' COMPENSATION ACT LIABILITY, LOST PROFITS, AND PROPERTY DAMAGE) AND/OR PERSONAL INJURY (INCLUDING, BUT NOT LIMITED TO, DEATH) TO ANY AND ALL PERSONS, OR OTHER HARM FOR WHICH RECOVERY OF DAMAGES IS SOUGHT, OF WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING 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 pers ons or property s ustained or caused b y Artist in conne ction with or incidenta l to p erformance under this Agreement. Agreement with Brenda Ciard ie ll o Art LLC fo r Preli minary Des ign of Pub li c Artwork for C hap e l C ree l Corri dor 11 o f 28 (c) Artist shall require all of its subcontractors to include in their subcontracts a release and indemnity in favor of City in substantially the same form as above. 9.2 . Intellectual Property. Artist agrees to assume full responsibility for complying with all State and Federal Copyright Laws and any other regulations , including, but not limited to , the assumption of any and all responsibilities for paying royalties that are due for the use of other third party copyrighted works by Artist. City expressly assumes no obligations, implied or otherwise , regarding payment or collection of any such fees or financial obligations. City specifically does not authorize , permit, or condone the reproduction or use of copyrighted materials by Artist without the appropriate licenses or permission being secured by Artist in advance. IT IS FURTHER AGREED THAT ARTIST SHALL RELEASE, DEFEND, INDEMNIFY, AND HOLD HARMLESS CITY FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES, ACTIONS, OR EXPENSES OF EVERY TYPE AND DESCRIPTION, INCLUDING, BUT NOT LIMITED TO, ATTORNEY'S FEES, TO WHICH THEY MAY BE SUBJECTED ARISING OUT OF CITY'S USE OR POSSESSION OF THE WORKS BY REASON OF AN ALLEGED OR ACTUAL COPYRIGHT VIOLATION OR OTHER LACK OF OWNERSHIP, AUTHORSHIP, OR ORIGINALITY. City expressly assumes no obligation to review or obtain appropriate licensing and all such licensing shall be the exclusive obligation of Artist. ARTICLE 10 EQUAL OPPORTUNITY (a) Artist shall not engage in any unlawful discrimination based on race, creed, color, national origin, sex, age, religion, disability , marital status, citizenship status , sexual orientation or any other prohibited criteria in any employment decisions relating to this Agreement, and Artist represents and warrants that to the extent required by applicable laws , it is an equal opportunity employer and shall comply with all applicable laws and regulations in any employment decisions. (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. 11.1. Compliance . ARTICLE 11 MISCELLANEOUS Artist shall comply with all Federal, state, and local statutes , ordinances, and regulations applicable to the performance of Artist's services under this Agre ement. 11 .2. Entire Agreement. Ag ree ment wi th Bre nd a C iard ie ll o Art LL C fo r Prelimin ary Design of Pu bli c Artwo rk fo r Chape l C ree l Co rrid o r 12 of28 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. 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 . It is expressly understood and agreed by the Parties to this Agreement that, if the performance of any obligations hereunder is delayed by reason of war; civil commotion; acts of God; inclement weather; governmental restrictions , regulations, or interferences; fires ; strikes; lockouts, national disasters ; riots ; material or labor restrictions; transportation problems ; or any other circumstances which are reasonably beyond the control of the party obligated or permitted under the terms of this Agreement to do or perform the same , regardless of whether any such circumstance is similar to any of those enumerated or not, the Agreement with Bre nd a Ciardi e ll o Art LL C for Preliminary Des ign of Publi c Artwork for Chape l Creel Corrid or 13 of28 party so obligated or permitted shall be excused from doing or performing the same during such period of delay, so that the time period applicable to such design or construction requirement shall be extended for a period of time equal to the period such party was delayed. 11.10. Contract Construction. The Parties acknowledge that each party and, if it so chooses , its counsel, have reviewed and revised this Agreement 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 terminate this Agreement to be effective on the later of (i) thirty (30) days following delivery by City to Artist of written notice of City's intention to terminate or (ii) the last date for which funding has been appropriated by the Fort Worth City Council for the purposes set forth in this Agreement. 11.12. Captions. Captions and headings used in this Agreement are for reference purposes only and shall not be deemed a part of this Agreement. 11.13. Right to Audit. Artist agrees that City will have the right to audit the financial and business records of Artist that relate to the Work (collectively "Records ") at any time during the Tenn of this Agreement and for three (3) years thereafter in order to determine compliance with this Agreement. Throughout the Term of this Agreement and for three (3) years thereafter, the Artist shall make all Records available to the City at 200 Texas Street, Fort Worth , Texas or at another location in the City acceptable to both parties following reasonable advance notice by the City and shall otherwise cooperate fully with the City during any audit. Artist shall require all of its subcontractors to include in their subcontracts a right to audit in favor of City in substantially the same form as described in this Article 11.13 . 11.14. Certified MWBE. If applicable, Artist is encouraged to make its best effort to become a certified Minority Business Enterprise (MBE) or Woman Business Enterprise (WBE) firm with a certifying agency whose certification is accepted by the City under the City's Business Diversity Enterprise Ordinance. 11.15 . Survival Provision. The provisions contained in Articles 4 .5 (Incapacity of Artist), 6 (Ownership and Intellectual Property Rights), 7 (Warranties of Title and Copyright), 8 (Artist as an Independent Contractor), 9 (Indemnification), and 11.13 (Right to Audit) shall survive the termination or expiration of this Agreement. Agreement with Brenda Ciardiello Art LLC for Preliminary Design of Public Artwork for C hapel Creel Corridor 14 of28 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 thi s 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 tho se terms in Section 808.001 of the T exas Government Code. If applicable under thi s 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. 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 unle ss 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 term s "boycott energy company" and "company " have the me a ning 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 Go vernment Code is applicable to this Agreement, by signing this Agreement, Artist certifies that Artist's signature provides written verification to the City that Artist: (]) 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 Agree ment with Bren da Cia rdi e ll o Art LLC fo r Pre li minary Design of Public Artwork fo r Chapel Cree l Corri dor 15 of28 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 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: Copies to: 2 . ARTIST Fernando Costa, Assistant City Manager City Manager's Office City of Fort Worth, Fort Worth City Hall 200 Texas Street Fort Worth, TX 76102-6314 Leann Guzman, City Attorney Office of the City Attorney City of Fort Worth, Fort Worth City Hall 200 Texas Street Fort Worth , TX 76102-6314 Martha Peters, Director of Public Art Arts Council of Fort Worth & Tarrant County, Inc . DBA Arts Fort Worth 1300 Gently Street Fort Worth, TX 76107 Brenda Ciardiello Art LLC 3425 Hamilton A venue Fort Worth, Texas, 76107 Ag reement w ith Brenda Ciardi e llo Art LL C for Prelimi nary Design of Pu bli c Artwork for Cha pe l Creel Co rridor 16 of 28 (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 Brenda Ciardiello Art LLC Agreement w ith Bre nda C ia rdi e llo Art LLC fo r Pre limin ary Design of Public Artwork fo r C hap e l C ree l 17 of28 0fit flCIA RECORD IN iECR ETARY FT. WORTH, TX Fernando Costa Assistant City Manager Date: 1/zs-/2,()2,3 I CONTRACT COMPLIANCE MANAGER Brenda Ciardiello Artist Date: 1/23/23 ------------ By signing, I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring: all nerformance and reporting requirements. dkuA Name: Anne Allen Title: Public Art Project Manager APPROVED AS TO FORM AND LEGALITY: By: Jessika Williams Jessika J. Williams Assistant City Attorney ATTEST: Form 1295: Not Applicable Contract Authorization: No M&C required . Ordinance No. 24161 -04 -2020 OFflt,Al RECORD CITV SECRETARY . WORTM, TX Agreement with Brenda Ciardi e ll o Art LLC for Preli minary Des ign of Public Artwork for Chape l Cree l Corridor 18 of28 MEETING DATE: PROJECT ME : PRESEN TATION : Exhibit A: Project Outline JU LY 11 , 2022 AGENDA ITEM: V.a. CHAPE CREE CORR IDOR -EV.SEO OTY OF FQRTWORlH ART COMMISSION Paplof Approve the Proj ect Ou line fo Chap Cree k Corridor Po li e Art Pr oject, located between O d Weatherfo d Road a d White Se l eme t Bo u levard (District 3 ) Chapel Creek Corridor Pub lic Art Project Outlin e Pn»jld ........ AllneAllln &mil: Agreement with Brenda Ciard ie ll o Art LLC for Preliminary Design of Publi c Artwork for Chapel Cree l Corridor 19 of28 11 , 20 f °" PW Agreement with Brenda Ciardiello Art LLC for Preliminary Design of Public Artwork for Chapel Creel Corridor 20 of28 AG ENDA IT'£ • \/.a . PW M EET ! .G FAOUTA OIi: er,1.ruFort o · e1rne,mremrem, ea; Agreement with Brenda Ciardiello Art LLC for Preliminary Design of Public Artwork for Chapel Cree l Corridor 21 of28 E DAfTf V.a . y ac· rt "' 3 . ' ,. 6. ,. , ECT COU: TEAM e.rvie ~ or o er 1:1·, 2.022 Agreement with Brenda Ciard ie llo Art LLC for Preli minary Design of Public Artwork for Chapel Creel Corridor 22 of28 Exhibit B: Site Chapel Creek Boulevard between Old Weatherford Highway and White Settlement Boulevard, 7 6123, Council District 3 ProJect Location in Community Agreement with Brenda Ciard iell o Art LLC for Prelim in ary Des ign of Pu blic Artwork for Chape l Creel Corri dor 23 of28 I FEES Artis Fee fSrudio overhead, oes · , Adm · ) ~gi er conse to PhotO!rapher Other Professiona l Fees SUB-TOTAL FE TR.AVEL (Based on GSA Rates} rransporation Lodging Per d em ( eals and incidental s) SUB-TOTAL TRAVEl. FABRICATIO Artist labor ou s S per hou r) Fabriator/tabor by Ot rs Reon (e ip ent, fabria · n sp.Ke , et s orage SUB-TOTAL FABIUCATIO , INSTALLATIO Transport.at · no Permits Site Prepara · n / lteme<ful on footings I foundations Electrica l connections / Mod ifiations Inst.a erubor Tr-a ffic cont ro S1.13 -TOTAL INSTALLATI I SURA CE Genera l LJa • • (p o~ted) Ot~r Slll-TOTAL OVERHEAD GRANDTOTAL Agreement with Brenda Ciardiell o Art LLC for Preliminary Design of Public Artwork for C hapel Creel Corridor 24 of28 E xhibit C Final Design and Commission Budget Form FEES Artist Fee j Stud io o e r head, Design , dm·n) Engi er Lig ti g Design Conservato Photouap her Other Professiona Fees SUB-TOTAL FEES TRAVEL {Based on GSA Rates) Ttansporatio Lod ging Per diem (m ea ls a nd incident.a ls) SUB-TOT TRAVEL FABRICATION Materials Artist labor (hou s x S pe r hou ) Fab ricator/La bor by ot rs Rent:a equi ent , fab,ica · n space , etc.) storage SUB-TOTAL FABRICAl'IO INSTALLATION nsportation of A. ~ite P epara · n / em Footi " / oundations Electrica l connecti ns I Mod· cations l nsta l e La ot ffic contro I security S~-OT INSTALLATI I NSURA C£ General liab ili (p orated) ot S~-TOTAL OVERHEA0 CONTINGENCY ,: GRAND TOTAL Agreement with Brenda Ciard ie ll o Art LLC for Pre liminary Design of Pu blic Artwork for Chapel Creel Corridor 25 of28 E x hibit D Insurance Requirements PUB CART PROJE S -SURANCE REQ UIREMEXTS -~ : mee.t all the following imuranc_e requirement for tlw Project. If Arri~ • bc_o.nfracb fabncation, a-ansponation, and.lo in.mllation of the \Vork, then ~t :;hall al'.o require · • 'her !rubcontra to ~) to abide by all of the following imurance requirements. Commercial C.nu:u Lfabilit)· (CCL) S ,000 00 fach occurrenc_e _ 000 000 Aggregate limit Conrage s include, bur !lot be limited to, e follo"'-ing: premx;e-s , operatio~ mdependent contractor.., produ comp ted operatior:; personal injury, ar:d contra liability. bL'Ur.lllc e :;hall be pro,-id on an occurrence ba.:;·s and be as co prehenm-e as the current Insurance Services Office (ISO) policy. The po ·cy s hall name C ity as an additio ~--ure BailH ' Property (if applicable The · d marine polic s pro,-ide per occurrence co...-erage a replacement co::.t value based on a~ appraised value of the Anwor · which is entrasted to the A~ and ~ cowidered to be in the Artist':. care, cu:.tody, and control and :;hall include property -in tramit." Automobile Li:lbility S ,000 000 fach a 'del:.t or Bodily per per-..o s_5O oo $500000 S 00000 Bodily , per occurrenc_e Property Da.m.age • commercial businMs policy shall pro,-ide coverage on "Any Auro • defin as auto:. owne.<i, hired and no -owned. for Arti...-t or A.ni5t '~ Subcontract= who have emp.o 'ee5: WOJ:ler!;' Compemation tatutory limits Employer'• liability S 00 000 Each a · den occurrence S 00 000 ~ease -per each employee $500,000 Bodily r/Dise.a.:;e -policy litmt orker.;' Co~arion co\-erage : Te= worker:. C.Ompe=tio Act ( pro,-ide limib conIDtent with ~tutory benent outlined in the 8308 -.0 eB . Tex. Re1-·. Civ. Stat_)_ CE.XE.RU. POLICY REQLLRL\IL'\1 The certific_a: e of ~c_e shall inclu e an endo .emen:t na:ming the City of Fort Worth, ro ' Officer.. Emp oyee5 and olunteer5 a.:; an '-Additional Insured "' on all liability policies. f.."C.c_eption ... the additional in:;ured requirement does no appl , to orker..' Compensation or Automobile policies. Agreement with Brenda Ciardiello Art LLC for Preliminary De sign of Public Artwork for C hape l Creel Corrid or 26 of28 Artist is responsible for pro'\iding the City a thirty day (30) notice of cane tion or non-renewal of any insurance policy and may not change the tenns and co.nditions of any policy that w coverage., or oth~ alter or dis.allow coverage ~ required herein. Waiver of rights ofrecO'\·ery (subrogatio in fa vo.r ofCi -of fort Worth. The insurers for policies must be li ~appJ:0\,-ed to do bus-ine:.s in the Sta.te ofTe:os,. imurer:. must have a minimum rating of A-in th.e cw:rem A. . · Be:.t Key Rating Guide or ba..-e re.asonab y equivalent financi strength and $0 \--ency to the satisfaction of Risk M.an.agemem. If the ming i:; ow that required, written appro\ of Risk Management is required. If iMurance policies are not 't\ntfen for specified coverage limits, an "m b a. o Excess Llab ·1y insurance for any differences i:; ~ed. ~ Liability shall fo .ow foim of the primary co'\ wage_ "Unless otherwise stated, all required imurmce shall be written on an ' occurrence asis ." The dedu~ e or self'-in5ured retention (SIR) affecting required insurance co"\.-erage sh.all be acceptab e o and appro,.-e.d in writing by the Risk Manager of City of Fort Worth in regaYcb to asset value and ~ ockbo ders' equity. lieu of traditional insurance. alternative coverage maintained through insurance poo or risk retention groups, must al$O appro,-ed by City·.-; R.i:J. Manager. City, at its 50le cfucretion, reser\·es the right o review the insurance requirements and to make reasonable adjustments to insurance con.rages and their limib when deeme.d llettS!WY and prudent by City based upon clwi.~s in statutory l aw, c<mrt decisio or the claims hi~ory of the industry as well as of the contra ding party to City off ort Worth. City i h.all require.a to pro,.;de prior notic.e of ninety days. City sha be entitled, upon requ~ and without expense, to recen-e copies of policies and endonements there o and may make any re.asonab e req~t; for deletion or re'\-isio.11 or modification.:; of particular policy te:ims , condition:; limitations, or uclusions e.,;cep where policy pro\irions are e:.tablisbed by :w or regulatioo.s binding upon e ith.er of party or the underwriter on an • such policies_ Ag reement with Brenda Ciardi e ll o Art LLC fo r Prelimi nary Design of Publi c Artwork for Chapel Cree l Corrid or 27 of 28 f.A?l •,,:~r 0 1-339 (Oock) ~•;;;;-(Rev.◄-1 318) Exhibit E Sales Tax Exemption Texas Sales and Use Tax Exemption Certification This certificate does not require a number to be valid. Name ol purchaser, r,m or agency City of Fort Worth, Texas Address (street & numbor. P.O. Bo, or Route number} I Phone /Area code and numbBI) 200 Texas Street 817-392-8517 City, State, ZIP code Fort Worth, Texas 76102 I, the purchaser named above , claim an exemption from payment of sales and use taxes (for the purchase of taxable items described below or on the attached order or Invoice) from : Se ll er: All Vendors Street address: __________________ City, State , ZIP code : ___________ _ Description of items to be purchased or on the attached order or invoice : All items. Purchaser acknowledges that this Certificate cannot be used for the purchase, lease or rental of a motor "oh1~1o Purchaser cla ims this exemption for the following reason : Municipality , Governmental Entity I understand that I will be liable for payment of all state and local sales or use taxes which may become due fo r failure to comply with the prov isions of the Tax Code and/or all applicable law. I underslandlhalilisa criminaloffense logive an exemplioncertificate totheselferforlaxable items that I know, at the lime of purchase, willbeusedina mannerolherthan that expressed in this certificate, anddependingonlheamounloflax evaded, the offense may range from a Class C misdemeanor to a felony of the second degree. ~~g~ ► Purchaser t1----------Finance Director/CFO 28 of28 NOTE : This certificate cannot be Issued for the pu rchase, lease, or rental of a motor vehicle . THIS CERT/FICA TE DOES NOT REQUIRE A NUMBER TO BE VALID. Sales and Use Tax "Exemption Numbers" or "Tax Exempr Numbers do not ex ist. This certificate should be furnished to the supplier. Do n.!21 send the completed certificate to the Comptroller of Public Accounts. FORT WORTH Routing and Transmittal Slip PLANNING AND DATA ANALYTICS -FWPA ------------ Depa rt men t TITLE: CHAPEL CREEK BRENDA CIARDIELLO PRELIMINARY DESIGN CONTRACT CPN CSO# DOC# DATE: TO: INITIALS DATE OUT 1. Jessika Williams JJW 1/24/23 2. Fernando Costa r-G 1/zs-/:zo;z.3 3. Janette Goodall 4 . 5. 6 . DOCUMENTS FOR CITY MANAGER'S SIGNTURE: All documents received from any and all City Departments requesting City Manager's signature for approval MUST BE ROUTED TO THE APPROPRIATE ACM for approval first. Once the ACM has signed the routing slip, David will review and take the next steps. NEEDS TO BE NOTARIZED: □ Yes X No RUSH: D Yes X No SAME DAY: 0 Yes No NEXT DAY: 0 Yes O No ROUTING TO CSO: X Yes D No Action Required: □ As Request ed □ Attach Signature, Initial and Notary Tabs □ For Your Information X Signature/Routing and or Recording □ Comment □ File Return to : Please ca ll Anne Allen at 817-298-3028 or at 817-637-7388 (aallen@artsfortworth.org) for p ick up when completed. Thank you .