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HomeMy WebLinkAboutContract 48463 't No'L�L� AGREEMENT BETWEEN THE CITY OF FOiYV TH AND BELIZ BROTHER FOR FINAL DESIGN OF PUBLIC ART FOR BOB BOLEN PUBLIC SAFETY COMPLEX This Agreement is entered into this N day of �� ' V 2016, by and between the City of Fort Worth, a home-rule municipal corporation of the State of Texas, acting by and through its duly authorized Assistant City Manager, Beliz Brother, an individual, residing at 3843 S Brandon Street, Seattle, Washington 98118. City has designated the Arts Council of Fort Worth and Tarrant County,Inc.,to manage this Agreement on its behalf. The Contract Manager shall act through its designated Public Art project manager. WHEREAS, pursuant to Chapter 2, Sections 2-56 through 2-61 of the Fort Worth Code of Ordinances,the Fort Worth Public Art Program's goals are to create an enhanced visual environment for Fort Worth residents,to commemorate the City's rich cultural and ethnic diversity,to integrate the design work of artists into the development of the City's capital infrastructure improvements, and to promote tourism and economic vitality in the City through the artistic design of public spaces; WHEREAS, City has constructed a new Public Safety Training Center for the Police and Fire Departments, located at 505 West Felix Street,Fort Worth,Texas, 76115, a part of the historic former Federal Depot; WHEREAS,the Fort Worth Art Commission("FWAC")recommended funds for the design of an artwork for the Site from the Specially Funded Capital Projects Fund(a/k/a,the Public Art Fund)and the project was included in the Fort Worth Public Art Fiscal Year 2016 Annual Work Plan, adopted by the Fort Worth City Council on October 27,2015 (M&C C-27515) as part of the City's agreement with Contract Manager for administration of the public art program; WHEREAS, City and Artist acknowledge that Artist's Preliminary Design(City Secretary Contract No. 45310); was approved by the Fort Worth Art Commission (FWAC) on June 13, 2016, as the basis for executing this Agreement with the Artist; WHEREAS, the FWAC has recommended that Artist be retained for final design of Work for the Site based on the approved Preliminary Design; and WHEREAS, City and Artist wish to set out the terms and conditions under which said Work shall be designed; 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: OFFICIAL RECORD I CITY SECS; FT. WORTH T f Agreement with Beliz Brother for Final Design of Public Artwork for Bob Bolen Public Safety Complex Execution Copy 12/5/16 1 of 25 ARTICLE 1 DEFINITIONS As used in this Agreement,the following terms shall have the meanings as set forth below: 1.1. Agreement — Means and includes this Agreement between the City and Artist for Final Design of public artwork for the Site. 1.2. Artist—Means and includes Beliz Brother. 1.3. Armork Designs —Means and includes both the Preliminary Proposal and Final Design of the Work,which are defined in 1.3.a.and 1.3.b.below. 1.3.a. Preliminary Design—Means all preliminary drawings,sketches,prototypes,maquettes, models,narrative descriptions,budget estimates,and the like that were created by Artist in connection with the Artist's Preliminary Design Contract, depictions of which are attached hereto as Exhibit"A"and incorporated herein for all purposes. 1.3.b.Final Design—Means the Artist's final,proposed design of the.Work for the Site,which is based upon the City-approved Preliminary Design and includes, but is not limited to, all final drawings, sketches, prototypes, maquettes, models, and the like that may be created by Artist in connection with this Agreement,or the like that are related, directly or indirectly, to the Work and shall include Artist's specifications for fabrication and installation of the Work. 1.4. Contract Manager — Means and includes the Arts Council of Fort Worth and Tarrant County,Inc.,and/or its officers,directors,or employees. 1.5. City—Means and includes the City of Fort Worth, Texas. 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. Final Design Deliverables—Means and includes those items set forth in Article 2.5 of this Agreement that are required for City's review and approval. 1.8. Parties—Means and includes City and Artist. 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. 1.10. Project Stakeholders — Means and includes the appropriate City Council Member(s), and their appointed community representatives and the Fort Worth Art Commission's appointed representative and others as may be appropriate. 1.11. Site—Means and includes 505 West Felix Street(Hemphill Street at Felix Street) on the site of the historic former Federal Depot in Council District 9 in Fort Worth, Texas, 76115, which is more particularly described in Exhibit`B,"attached hereto and incorporated herein by reference for all purposes. Agreement with Beliz Brother for Final Design of Public Artwork for Bob Bolen Public Safety Complex Execution Copy 12/5/16 2 of 25 1.12. 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. ARTICLE 2 SCOPE OF SERVICES AND DELIVERABLES 2.1. Artist Selection. City and Artist acknowledge that Artist's Preliminary Design was approved by the FWAC on June 13, 2016, is the basis for executing this Agreement with Artist. 2.2. Scone of Services. a. Artist shall perform all services and will furnish all supplies, materials, and equipment as necessary for developing the Final Design of the Work and for providing the Final Design Deliverables. Services shall be performed in a professional manner and in strict compliance with all terms and conditions in this Agreement. b. Artist shall determine the artistic expression, scope, design, color, size, material, and texture of the Work, subject to review and input from the Project Stakeholders and approval by City as set forth in this Agreement. c. Artist shall meet and coordinate with City staff,utilities and others, as necessary,to explore the feasibility of integrating the Work into the Site in terms of structural support, lighting, electricity,or other infrastructure needs to support the Work. d. Artist's Final Design for the Work shall consist of a sculpture based on the shape of Fort Worth's Police and Fire Department patches, with two halves intersecting and supporting each other, expressing solidarity between the departments. Inside the large form, unique shapes of numerous patches collected by FWPD and FWFD will be water jet cut into 1" thick corten steel, creating an overall pattern that will create intricate shadow play on the plaza at the entrance to the Administration building. e. Artist shall consult with a lighting professional and propose a method of lighting the Work and shall provide a separate budget for such lighting and electrical service to support the Work for the consideration of the City. f. Upon request of City, Artist shall consult with a qualified art conservator and shall provide written maintenance recommendations for the Work from said conservator to the Contract Manager. g. The location at the Site on which the Work shall be installed shall be in accordance with what was approved by the City. Agreement with Beliz Brother for Final Design of Public Artwork for Bob Bolen Public Safety Complex Execution Copy 12/5/16 3 of 25 h. Artist shall present the Final Design to the appropriate City committee, City staff, Project Stakeholders, and other City boards or commissions, as appropriate, for input and to the FWAC for review and subsequent approval determination at dates and times mutually agreed upon. i. Artist shall make a minimum of two (2) trips to Fort Worth, Texas for meetings and presentations as indicated above. j. For the duration of this Agreement, any publicity related to the Work at any stage under this Agreement shall be coordinated through the Contract Manager. Artist should get the Contract Manager's consent in writing prior to engaging in publicity for the Work. 2.3. Implementation Budget Total. Artist shall develop a Final Design that is financially feasible relative to the budget for implementation. It is understood that the total budget for implementation of the Final Design is estimated to be TWO HUNDRED NINETY FOUR THOUSAND, ONE HUNDRED DOLLARS AND NO CENTS ($294,100.00), which includes all costs for materials, labor, fabrication, delivery, installation, insurance, transportation, remaining $15,000 Artist's fee, travel, a contingency of$29,750.00 and all other associated costs for the Work. Artist shall provide a detailed budget, on the budget form attached hereto as Exhibit"C,"for implementation of the Work through a possible artwork commission contract with City. The City's required insurance for implementation is attached hereto as Exhibit "D," and such costs for maintaining the levels of insurance outlined in Exhibit D shall be included in the implementation budget total. 2.4. 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. 2.5. Final Design Deliverables. a. Within three (3) months after the Effective Date, Artist shall provide services and all supplies, materials, and equipment necessary to provide certain deliverables, as set forth in this Article 2.5 to City for approval. Final Design Deliverables shall consist of the following: (1) Detailed, design illustrations of 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. (2) A final written narrative of the Work, describing the following: (1)the Final Design concept and timeline for completion;(2)proposed materials, fabrication,and installation methods for all elements of the Work, including information regarding Artist's subcontractor(s), if any, Agreement with Beliz Brother for Final Design of Public Artwork for Bob Bolen Public Safety Complex Execution Copy 1215!16 4 of 25 r for the Work; (3) maintenance requirements for all elements of the Work as dictated by Artist, along with cost estimates for annual maintenance; (3) A detailed budget, on the budget form attached hereto as Exhibit "C," for fabrication and installation of the Work in an amount not to exceed TWO HUNDRED NINETY FOUR THOUSAND, ONE HUNDRED DOLLARS AND NO CENTS ($294,100.00), which includes all costs for materials, labor, engineering, lighting consultant, fabrication, delivery, installation, insurance, transportation, travel, remaining $15,000 Artist's fee, a contingency of$29,750.00 and all other associated costs for the Work. (4) A separate, preliminary budget estimate for artwork lighting; on the budget form attached hereto as Exhibit"C;"and (5) Comprehensive working drawings,detailing the means of installing all elements of the Work on the Site, together with other such graphic material to permit City to carry out structural design review. Professional Liability Insurance is required in all circumstances for on-site artwork requiring engineering and/or architectural services. City will conduct a review of structural design and other related graphic material prior to installation of the Work. Upon City's request, drawings must be signed and stamped by an engineer and/or architect licensed to work in the State of Texas. Artist will provide the Contract Manager a certificate of insurance for each licensed professional and provide City with a thirty (30) calendar day notice of cancellation of any policy required hereunder. 2.5. Final Desijzn Review. a. Artist shall present the Final Design to the FWAC for review and input at a regularly scheduled FWAC meeting. b. After presenting to the FWAC for initial input, Artist shall meet with the designated Project Stakeholders, City staff, and other City boards or commissions, as appropriate, to present the Final Design,at a date and time mutually agreed upon, for input. C. Upon completion and submission of the Final Design Deliverables and acceptance by Contract Manager, Artist shall then present the Final Design to the FWAC for approval at a regularly scheduled FWAC meeting. d. City shall notify Artist of its approval, or disapproval, of the Final Design, either in whole or in part, within thirty (30)calendar days of Artist's presentation to the FWAC. e. If City disapproves of the Final Design, either in whole or in part, then City shall inform Artist of each revision to be made to the Final Design. City may require Artist to make such revisions to the Final Design as City deems necessary in its sole discretion and/or for the Work to comply with Agreement with Beliz Brother for Final Design of Public Arbvork for Bob Bolen Public Safety Complex Execution Copy 12/5/16 5 of 25 applicable statutes, ordinances, or regulations of any governmental regulatory agency having jurisdiction over the Site for reasons of safety and security. f. Artist shall have thirty (30) calendar days from the date City informed Artist of the revision(s) to present the revised Final Design in conformance with City's requirements. g. If City disapproves of the resubmitted Final Design, any further Final 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. h. Upon City approval of the Final Design, any revisions made to a City-approved Final Design shall become part of the Final Design. Artist shall incorporate any City-approved revisions into the Final Design in conformance with City's requirements. Artist shall provide the Final Design presentation materials to the Contract Manager to become part of the City's Public Art archive owned by City. These documents,models,and/or drawings will be retained for archival and exhibition purposes. i. Upon the expiration of the Term (hereinafter defined) of this Agreement, if the Final Design is accepted by City and funding is appropriated by the Fort Worth City Council, negotiations for fabrication, delivery, and installation of the Work shall commence, which shall become part of the deliverable under any anticipated artwork commission contract. ARTICLE 3 COMPENSATION AND PAYMENT SCHEDULE 3.1. Compensation. Total compensation to Artist under the Agreement shall be an amount up to TWENTY TWO THOUSAND DOLLARS AND NO CENTS ($22,000.00), which shall constitute full compensation for any and all costs associated with this Agreement, including, but not limited to, engineering and consulting fees, insurance, all travel expenses and 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 represent full and final, non-refundable payment for all services and materials provided prior to the due date thereof: (1) FIVE THOUSAND DOLLARS AND NO CENTS ($5,000.00) upon execution of this Agreement. Agreement with Beliz Brother for Final Design of Public Artwork for Bob Bolen Public Safety Complex Execution Copy 12/5/16 6 of 25 (2) EIGHT THOUSAND DOLLARS AND NO CENTS ($8,000.00) within thirty (30) days after Artist submits the Final Design Deliverables, as required in Article 2.5. of this Agreement,and makes a presentation of the Final Design to the FWAC. (3) THREE THOUSAND TWO HUNDRED DOLLARS AND NO CENTS ($3,200.00) within thirty-five(35)calendar days after the Final Design is approved by the FWAC. (4) City may pay Artist in an amount up to FIVE THOUSAND EIGHT HUNDRED DOLLARS AND NO CENTS ($5,800.00) for engineering and lighting consulting fees and a conservator's consultation to fulfill the terms of this Agreement. 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 substantially the same form as that attached hereto as Exhibit"E"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 during the performance of this Agreement, including, but not limited to, services, materials, hailing/shipping charges on submissions to City and/or Contract Manager, insurance, 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, and any contingencies. ARTICLE 4 TERM AND TERMINATION 4.1. Term. This Agreement shall be in effect from the Effective Date, and, unless terminated earlier pursuant to such provisions in this Agreement,shall extend until final payment to Artist by City. 4.2. Gratuities. City may cancel this Agreement if it is found that gratuities in the form of entertainment, gifts, or otherwise were offered or given by Artist or any agent or representative to any City or Contract Manager official or employee with a view toward securing favorable treatment with respect to the awarding, amending, or making of any determinations with respect to this performance of this Agreement. 4.3. Termination for Cause. If either party to this Agreement shall fail to fulfill their obligations in accordance with the terns of this Agreement, or otherwise violate any of the covenants, agreements,or stipulations material to this Agreement, Agreement with Beliz Brother for Final Design of Public Arm ork for Bob Bolen Public Safety Complex Execution Copy 12/5/16 7 of 25 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 of this Agreement. If the Parties cannot resolve the dispute(s), then the disputing party shall thereupon have the right to terminate this Agreement upon the delivery of a written "Notice of Termination" specifying the grounds for termination. Tennination 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, specifying the grounds for termination. b. If the termination is for the convenience of City, City shall pay Artist pursuant to the payment provision in Article 3, and Artist shall continue to provide the City with services requested by City and in accordance with this Agreement up to the effective date of termination. Upon payment in 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 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, 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 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. d. If termination is by mutual agreement of the Parties as set forth in Article 2.5, 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. 4.5. Incapacity of Artist. a. In the event that Artist becomes incapable, legally or otherwise, of performing its duties and/or obligations under 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 incapacity. All finished Agreement with Beliz Brother for Final Design of Public Artwork for Bob Bolen Public Safety Complex Execution Copy 12/5116 8 of 25 and unfinished drawings, sketches, photographs, models, and any other work shall automatically become property of City. b. Should Artist's Final Design have been approved, in the event of termination under this Article 4.5, City shall have the right to complete the Work. Due regard shall be made for Artist's intended results and proper credit and acknowledgement shall be given to Artist. ARTICLE 5 DISPUTE 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 resolution process. The disputing party shall notify the other party in writing as soon as practicable after discovering the claim, dispute, or breach. The notice shall state the nature of the dispute and list the party's specific reasons for such dispute. Within ten (10) business days of receipt of the notice, both parties shall make a good faith effort, either through email, mail, phone conference, in person meetings, or other reasonable means to resolve any claim, dispute, breach,or other matter in question that may arise out of,or in connection with this Agreement. b. If the Parties fail to resolve the dispute within sixty(60)calendar days of the date of receipt of the notice of the dispute,then the Parties 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 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) Agreement with Beliz Brother for Final Design of Public Artwork for Bob Bolen Public Safety Complex Execution Copy 12/5/16 9 of 25 ARTICLE 6 OWNERSHIP AND INTELLECTUAL PROPERTY RIGHTS 6.1. Title. Title to the Work, including, but not limited to, all documents, models and/or drawings that constitute or are components of the Work and/or the Artwork Design, shall pass to City upon Final Acceptance and payment for the Work or pursuant to the applicable termination provision of this Agreement. These documents, models and/or drawings will be retained for archival and exhibition purposes. Artist's Artwork Design, Work, and all other work products under this Agreement shall become the property of City, without restriction on future use,except as provided below. 6.2. Copyright Ownership. Artist retains all rights under the Copyright Act of 1976, 17 U.S.C. Section 101 et seq., as the sole author of the Work for the duration of the copyright. 6.3. Reproduction Rights. a. 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. b. By execution of this Agreement, Artist grants to City an exclusive, perpetual, royalty free, and irrevocable license to graphically depict or publicly display the Artwork Design and Work for any non-commercial purpose whatsoever. For purposes of this limitation, any graphic depiction or display of the Artwork Design and/or the 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. Notwithstanding the above limitation,Artist agrees and understands that nothing in this paragraph shall affect or limit City's absolute, unrestricted rights incidental to City's full ownership of the Work to alter, change, modify, destroy, remove, move, replace, operate, maintain, transport, sell or transfer, in whole or in part, the Work when City deems it necessary within its discretion, in order to otherwise exercise City's powers and responsibility in regard to public works and improvements, in furtherance of City's operations or for any other reason. C. All reproductions by City shall contain a credit to Artist and a copyright notice substantially in the following form: "©date,Artist's name." d. Unless notified otherwise by City, Artist shall use Artist's best efforts in any public showing or resume use of reproductions to give acknowledgment to City in substantially the following form: Agreement with Beliz Brother for Final Design of Public Arhvork for Bob Bolen Public Safety Complex Execution Copy 12/5/16 10 of 25 "an original artwork commissioned by and in the public art collection of the City of Fort Worth, Texas." e. Artist may, at Artist's expense, cause to be registered with the United States Register of Copyrights, a copyright in the Work in Artist's name. f. City is not responsible for any third-party infringement of Artist's copyright and not responsible for protecting the intellectual property rights of Artist. ARTICLE 7 WARRANTIES OF TITLE AND COPYRIGHT a. Artist represents and warrants that: i. Artwork Design and Work shall be the original product of the Artist's sole creative efforts; ii. Artwork Design and Work are and will be unique and original, and do 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 Work or any copyright related thereto that may affect or impair the rights granted pursuant to this Agreement; iv. Artwork Design and 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. Agreement with Beliz Brother for Final Design of Public Artwork for Bob Bolen Public Safety Complex Execution Copy 12/5/16 11 of 25 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, 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 HIND OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR RESULTING FROM THE ACTS, ERRORS, OR OMMISSIONS OF ARTIST AND/OR ARTIST'S SUBARTISTS AND CONTRACTORS AND THEIR RESPECTIVE OFFICERS,AGENTS,EMPLOYEES,DIRECTORS,MEMBERS, PARTNERS, AND REPRESENTATIVES IN CONNECTION WITH THE EXECUTION, PERFORMANCE, ATTEMPTED PERFORMANCE, OR NONPERFORMANCE OF THIS AGREEMENT. b. Artist agrees to and shall release City from any and all liability for injury, death, damage, or loss to persons or property sustained or caused by Artist in connection with or incidental to performance under this Agreement. C. Artist shall require all of its subcontractors to include in their subcontracts a release and indemnity in favor of City in substantially the same form as above. 9.2. Intellectual Property. Artist agrees to assume full responsibility for complying with all State and Federal Copyright Laws and any other regulations, including, but not limited to, the assumption of any and all responsibilities for paying royalties that are due for the use of other third party copyrighted works by Artist. City expressly assumes no obligations, implied or otherwise,regarding payment or collection of any such fees or financial obligations. City specifically does not authorize, permit, or condone the reproduction or use of copyrighted materials by Artist without the appropriate licenses or permission being secured by Artist in advance. IT IS FURTHER AGREED THAT ARTIST SHALL RELEASE, DEFEND, INDEMNIFY, AND HOLD HARMLESS Agreement with Beliz Brother for Final Design of Public Arhvork for Bob Bolen Public Safety Complex Execution Copy 12/5/16 12 of 25 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. 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. Agreement with Beliz Brother for Final Design of Public Amvork for Bob Bolen Public Safety Complex Execution Copy 12/5/16 13 of 25 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 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 Agreement with Beliz Brother for Final Design of Public Artwork for Bob Bolen Public Safety Complex Execution Copy 12/5/16 14 of 25 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 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 1000 Throckmorton 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), 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. Agreement with Beliz Brother for Final Design of Public Arhvork for Bob Bolen Public Safety Complex Execution Copy 12/5/16 15 of 25 ARTICLE 12 NOTICES All notices,requests, demands,and other communications which are required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been duly given upon the delivery or receipt thereof, as the case may be, if delivered personally or sent by registered or certified mail, return receipt requested,postage prepaid,as follows: 1. CITY OF FORT WORTH: Assistant City Manager of Public Art City Manager's Office City of Fort Worth 1000 Throckmorton Street,Third Floor Fort Worth,Texas 76102 Copies to: City Attorney Office of the City Attorney City of Fort Worth 1000 Throckmorton Street,Third Floor Fort Worth,Texas 76102 Martha Peters,Vice President,Public Art Arts Council of Fort Worth&Tarrant County 1300 Gendy Street Fort Worth,Texas 76107 r 2. ARTIST Beliz Brother 3843 S Brandon Street Seattle,Washington, 98118 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 Beliz Brother Assistant City Manager APPROVED AS TO FORM AND LEGALITY: Jessica angsvan Assist City Attorne H Form 1295: 2016 91171 (filed 7/27/16) Agreement with Beliz Brother for Final Design of Public Artwork for Bob Bolen Public Safety Complex Execution Copy 12/5/16 16 of 25 i ATTESTED BY: , ®�Poona 4C1 "VObow.T.c. o✓ 00 0�1 City Secre ary a �' m ooAQOc000aoco t. M&C: C-27886 Date: August 30,2016 OFFICIAL RECORD CITY SECRETARY FT. WORTH] TX Agreement with Beliz Brother for Final Design of Public Arhvork for Bob Bolen Public Safety Complex Execution Copy 12/5/16 17 of 25 Exhibit A: Preliminary Design !j Wq 9 4 4 k Rendering of sample individual patch shapes that will be cut out of the corten steel Material sample: corten steel with patch cut outs-- C'— .................... 3r dYf 14� Cr gatgi��tr7f� .r � tdki�l9P�� : r+; � 4 Y r i Agreement with Beliz Brother for Final Design of Public Artwork for Bob Bolen Public Safety Complex Execution Copy 12/5/16 18 of 25 Exhibit B: Site M� Note that the computer rendering of the artwork is not as detailed as the actual artwork will be and is only intended to show placement on the site adman.b d,6c g man¢ntrgnae l E enlarged site plan Agreement with Beliz Brother for Final Design of Public Artwork for Bob Bolen Public Safety Complex Execution Copy 12/5/16 19 of 25 Exhibit B Continued: Site J L Matthews is American Legion T Hemphill St&W Felix St tes Public Storage _ USFood&Drug Administration r_r) Bob Bolen public Safety Complex Administration — �r rt 70 -s- Fort Worth Polio Training Division 3 Go -gle �i Agreement with Beliz Brother for Final Design of Public Artwork for Bob Bolen Public Safety Complex Execution Copy 12/5/16 20 of 25 Exhibit C: Budget Form FORT WORTH PUBLIC ART PROJECT BUDGET Please complete this'form and attach a signed receipt or esti mate ete vitth per unit Busts(na 1ilmis sums)tpraU tetras designated w itta art astetisk(').Cost Increases most also have a vrjitten estimate attached. ARTIST'S FEE TRAVEL (For artists who live more than 50 miles from Fort!North) Airfare Car Rental Per Diern Expenses at$_per day Mleage at$__per While INSURANCE AutofHired Vehicle Ltabil t/ General Liability for Artist/Subcontractors b"dorker"s Comp.1 Employer's Liability] Other,as appJtcable ADMINISTRATIVE EXPENSES Phone/Fax Delivery/Shipping(for correspondence,samples,models,drawings etc) Reprographic service Supplies PROFESSIONAL CONSULTANT FEES (If applicable,drawing must be signed and sealed by a professional registered to practice In the State of Texas) Architect` Structural Engineer` Electrical Engineer' Conservator' Photographer(for documentation of completed work)' Other' MATERIALS (Please attach a complete list of materials.Itemize all anticipated aspects and components with per unit cost estimates) Materials'Total FABRICATION COSTS (Include and itemize all portions of subcontracted work and wort:to he completed by artist_) Artist's Labor(_hours at S_per hour)Total Subcontracted Labor'(Total) Facility/Equipment Rental(users exclusively for this project)related to fabrication SITE PREPARATION (Do not include costs covered by FINPA,City of Fort'North or others) Test Drilling' Removal' Landscapingllrrigation' Electrical Modifications' Water Vv'&KIMechanicai Devices Other' (Revised May 201 t) Agreement with Beliz Brother for Final Design of Public Artwork for Bob Bolen Public Safety Complex Execution Copy 12/5/16 21 of 25 TRANSPORTATION Materials to Fabrication Site* Finished'Work to Installation&W Other' BASEVOLINTING Base Mountina Devices and Components FounclatioNFooting Other INSTALLATION COSTS (Costs must include Mowance for after hours Installation,if applicable.Please attach a complete list of equipment and individual estimates with th,s form) Subcontracted Labor' Scaffolding' Equipment Rental related to Installation' Off-duty PolicelSecurity' Traffic Barriers* Storage Facility Rental' City Permits Display Devices Fireproofing' Site Restoration' Other' LIGHTING Designers' FiAures' Bulbs* Site Freparation' Installation' GRAND TOTAL Please make any necessary notes here., Prepared By: Date: (Revised May 2011) Agreement with Beliz Brother for Final Design of Public Artwork for Bob Bolen Public Safety Complex Execution Copy 12/5/16 22 of 25 Exhibit D: 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.). Agreement with Beliz Brother for Final Design of Public AMM ork for Bob Bolen Public Safety Complex Execution Copy 12/5/16 23 of 25 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. Artist is responsible for providing the City a thirty day (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 scope 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 insurance 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 solvency 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 to and approved in writing by the Risk Manager of City of Fort Worth in regards to asset value and stockholders' equity. In lieu of traditional insurance, alternative coverage maintained through insurance pools or 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 reasonable 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 thereto 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. Agreement with Beliz Brother for Final Design of Public Artwork for Bob Bolen Public Safety Complex Execution Copy 12/5/16 24 of 25 Exhibit E: Sales Tax Exemption may_ .�o)s7a(aacp . (R w."7/6) TEXAS SALES AND USE TAX EXEMPTION CERTIFICATION Name or purchaser,rum or agency City of Fort Worth,Texas Address(Street d number,P.O.Box or Route number) Phone(Area code and number) 1000 Throckmorton Street 817-392-8360 City,State,ZIP code Fort Worth,Texas 76102 1,the purchaser named above,claim an exemption from payment of sales and use taxes(for the purchase of taxable items described below or on the attached order or invoice)from: Seller: All Vendors Street address: —_. __ _____ City,State,ZIP Description of items to be purchased or on the attached order or invoice: All items except motor vehicles as listed below Purchaser claims this exemption for the following reason: Municipality,Governmental Entity I understand that I will be liable for payment of all state and local sales or use taxes which may become due for failure to comply with the provisions of the Tax Code and/or all applicable law. I understand that it is a criminal offense to give an exemption certificate to the selierfortaxabio items that I know,at the time ofpurchase, will be usedin a rnannerotherthan that expressed in this certificate,and depending on the amount of tax evaded,the offense may range from a Class C misdemeanor to a felony of the second degree. Purchase `� 7iUe Dale hire` Finance Dire r/ FO March 23,2015 NOTE: This certificate cannot be issued for the purchase,tease,or rental of a motor vehicle. THIS CERTIFICATE DOES NOT REQUIRE A NUMBER TO BE VALID. Sales and Use Tax"Exemption Numbers"or"Tax Exempt"Numbers do not exist. This certificate should be furnished to the supplier.Do not send the completed certificate to the Comptroller of Public Accounts. Agreement with Beliz Brother for Final Design of Public Amvork for Bob Bolen Public Safety Complex Execution Copy 12/5/16 25 of 25 M&C Review Page 1 of 2 Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA FOR » COUNCIL ACTION: Approved on 8/30/2016 REFERENCE ** 06BOB BOLEN PUBLIC DATE: 8/30/2016 NO.: C-27886 LOG NAME: SAFETY COMPLEX PUBLIC ART PROJECT CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: Authorize Execution of a Final Design Agreement with Artist Beliz Brother in the Amount of$22,000.00 for Final Design, Engineering, and Lighting Consulting for Artwork at the Bob Bolen Public Safety Complex (COUNCIL DISTRICT 9) RECOMMENDATION: It is recommended that the City Council authorize the execution of a final design Agreement with Artist Beliz Brother in the amount of$22,000.00 for final design, engineering, and lighting consulting for artwork to be sited outside at the entrance to the administration building at the Bob Bolen Public Safety Complex, 505 West Felix. DISCUSSION: The artist's design is inspired by the Fort Worth Fire Department's (FWFD) and Fort Worth Police Department's (FWPD) collection of patches and celebrates the bond between members of these departments in Fort Worth and across the country. Fabricated in one-inch thick, weathering corten steel, the overall form of the sculpture is based on the shape of FWFD's and FWPD's patches. The two patch forms lean together, supporting each other and expressing solidarity between the departments. The unique shapes of numerous patches collected by FWFD and FWPD will be water jet cut into the steel, creating an overall pattern that will cast delicate shadows on the ground in front the Bob Bolen Public Safety Complex Administration Building entrance. The approximate size will be nine feet high by 12 feet long. January 27, 2014, Artist Belize Brother was placed under a Preliminary Design contract (City Secretary Contract No. 45310). Fort Worth Art Commission (FWAC)Action: On June 8, 2015, the FWAC approved artist's preliminary design for artwork and requested the artist choose a new, highly public and ADA accessible location for the artwork, in accordance with the expectations of City Council. The Fort Worth Fire Department, Fort Worth Police Department, and Councilmember Zadeh support the new location. The City has agreed to remove a planter and bench at the front entrance of the Bob Bolen Public Safety Training Center to make more room for the sculpture in the new location. On June 13, 2016, the FWAC re-approved artist's preliminary design for artwork and approved the new artwork location which is to the right of the entrance to the administration building, and recommended the artist proceed with final design. Under this contract, the artist will finalize the aesthetic design and provide a lighting plan and structural engineering. Upon approval of the final design, there will be an Mayor and Council Communication (M&C) brought to Council to authorize a commission contact under which the artist will fabricate, deliver, and install the artwork per the approved final design. Funding for the final design and commission of the project has been allocated from the Public Art Fund, and the project was included in the Fort Worth Public Art Fiscal Year 2016 Annual Work Plan, http://apps.cfwnet.org/council_packet/mc_review.asp?ID=22668&councildate=8/30/2016 12/19/2016 M&C Review Page 2 of 2 adopted by the City Council on October 27, 2015, (M&C C-27515) as part of the City's Agreement with Contract Manager for administration of the public art program. Project budget and funding sources are as follows: PROJECT BUDGET Preliminary Design $ 33,900.00 Final Design $ 22,000.00 Commission $ 294,100.00 Total $ 350,000.00 FUNDING SOURCES JAMOUNT Public Art Fund (subfund 98) $ 350,000.00 Total $ 350,000.00 M/WBE Office -The City's overall M/WBE goal for the Fort Worth Public Art Program is 25 percent of total capital project dollars expended on public art annually. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that funds are available in the Specially Funded Capital Project, for the Bob Bolen Public Safety Complex project. Existing appropriations in the project are $350,000.00 of which $33,473.42 has been expended leaving a balance of$316,526.58. TO Fund Department Account Project Program Activity Budget Reference# Amount ID ID Year (Chartfield 2) FROM Fund Department Account Project Program Activity Budget Reference # Amount ID ID Year (Chartfield 2) Submitted for City Manager's Office by: Fernando Costa (6122) Originating Department Head: Randle Harwood (6101) Additional Information Contact: Martha Peters (298-3025) ATTACHMENTS Beliz Bros 1295 form.pdf Final Design Attachments Beliz Brother.pdf SAM Search for Artist Beliz Brother TO http://apps.cfwnet.org/council_packet/mc_review.asp?ID=22668&councildate=8/30/2016 12/19/2016 C-Dq 8 9( CERTIFICATE OF INTERESTED PARTIES FORM 1295 l of l Complete Nos,l-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos,1,2,3,5,and 6 6 there are no interested parties. CERTIFICATION OF FILING I Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 12016-91171 Beliz Brother Studio,LLC Seattle,WA United States Date Filed- 2 Name of governmental entity or state agency that is a party to the contract for which the form is 07/27/2016 being filed. Arts Council of Fort Worth and Tarrant County Date Acknowwllledged: C / 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a description of the services,goods,or other property to be provided under the contract. 45310 Public art for Bob Bolen Public Safety Complex Nature of interest 4 Name of interested Party City,State,Country(place of business) (check applicable) Controlling intermediary 5 Check only if there is NO Interested Party. ❑ X 6 AFRDAI' 'T I swear,or affirm,under �5 penalty of perjury,that the above disclosure is true and correct. i Cal � �. AZI �. Signa e f authorized agent of contracting business entity p4 ag o� � BOVE AFFIX' !r ' /�7 ` l�/tlllttt OF Sworn to and sulpNma before me,by the said ,this the��day of 20-1!,g_to certify which,witness my hand and seal ce. 1 Signatur nicer administering oath Printed n e of officer administering oath Title of officer a nistering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.277