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AGREEMENT BETWEEN THE CITY OF FORT WORTH
AND ELIZABETH AKAMATSU FENCI FOR PRELIMINARY DESIGN FOR
DIAMOND HILL COMMUNITY CENTER PUBLIC ART PROJECT
This Agreement is entered into this Vday of 0 2019, by and between the City of
Fort Worth,a home-rule municipal corporation of the State of Texas,acting by and through Dana Burghdoff,
its duly authorized Interim Assistant City Manager, and Elizabeth Akamatsu Fenci, an individual located at
10001 Appleby Sand Road, Nacogdoches, Texas 75965. The City has designated the Arts Council of Fort
Worth and Tarrant County, Inc., to manage this Agreement on its behalf. The Contract Manager shall act
through its 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 is working with Project Consultant to design a replacement building for the
Diamond Hill Community Center, to be located near the intersection of Weber Street and 36"' Street, Fort
Worth,Texas 76106 (Council District 2). The building is currently anticipated to be completed in early 2022;
WHEREAS, this Project was included in the Public Art Plan for the 2018 Bond Program, adopted
by the Fort Worth City Council on November 6, 2018 (M&C G-19401), and the project was included in the
Fort Worth Public Art Fiscal Year 2019 Annual Work Plan, adopted by the Fort Worth City Council
November 6, 2018 (M&C G-19412);
WHEREAS, the Contract Manager conducted an Artist Selection Process based on qualifications
submitted by artists included in the Fort Worth Public Art Established and Emerging Artist Pre-Qualified List,
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 September 9, 2019, the Fort Worth
Art Commission ("FWAC") approved the Selection Panel's recommendation of Elizabeth Akamatsu Fenci
for the project;
WHEREAS, City and Artist wish to set out the terms and conditions under which said Work shall
be designed to promote the integrity of Artist's ideas and statements as represented by the Work.
NOW, THEREFORE, City and Artist for and in consideration of the covenants and agreements
hereinafter set forth,the sufficiency of which is hereby acknowledged, agree as follows:
ARTICLE 1
DEFINITIONS
As used in this Agreement,the following terms shall have the meanings as set forth bel bFFICIAL RECORD
®p �RETARY
Agreement between City of Fort Worth FT WORTH,TX
And Elizabeth Akamatsu Fenci for Execution Copy 1013 19
Preliminary Design of Diamond Hill Conummity Center
1.1. Agreement—Means and includes this Agreement between the City of Fort Worth and Artist
for Preliminary Design of public art for the Site.
1.2. Artist—Means and includes Elizabeth Akamatsu Fenci. An artist resume is attached hereto
as"Exhibit A."
1.3. Artwork Design—Means and includes the Preliminary Design of the Work,which is defined
in 1.3.a. below.
1.3.a. Preliminary Design — Means all developed preliminary drawings, sketches,
prototypes, maquettes, models,narrative descriptions,budget estimates, and the like that are
created by Artist in connection with this Agreement and/or any prior agreement between
Artist and City for the Work.
1.4. Contract Manager — Means and includes the Arts Council of Fort Worth and Tarrant
County, Inc., and its officers,directors, and 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.
1.7. Parties—Means and includes City and Artist.
1.8. Preliminary Design Deliverables—Means and includes those items set forth in Article 2.3
of this Agreement that Artist is required to submit to City for its review and approval prior to proceeding to
the Final Design phase of this Agreement.
1.9. Project—Means and includes the capital improvement or public art development undertaking
of City for the Diamond Hill Community Center for which Artist's services are to be provided pursuant to
this Agreement. A project outline attached hereto as "Exhibit B" describes the parameters and expectations
of the project.
1.10. Project Consultant—Means and includes GFF Architects.
1.11. Project Core Team—Means and includes the group of community members, generally 5-7
people, who are invited by the City Council Member to provide input on the project for its duration, in
accordance with the Fort Worth Public Art Master Plan Update,page 23.
1.12. Project Stakeholders — Means and includes the appropriate City Council Member(s), and
the Diamond Hill Community Center Project Core Team and the FWAC's appointed representative and others
as may be appropriate.
1.13. Site—Means the exterior fagade and/or grounds of the new Diamond Hill Community Center,
to be located at the intersection of Weber Street and 36"' Street, attached hereto as"Exhibit C."
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1.14. Work — Means and includes the finished object(s) of art and design that are the subject of
this Agreement,or any intermediary stage of completion of such work.
ARTICLE 2
SCOPE OF SERVICES AND DELIVERABLES
2.1. Scope of Services.
a. Artist shall perform all services and will furnish all supplies, materials, and equipment as necessary
for developing a Preliminary Design of the Work and for providing the Preliminary Design
Deliverables. Services shall be performed in a professional manner and in strict compliance 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 Project Stakeholders and approval by City as set forth in this
Agreement. City may request changes to the Artwork Design from time to time under this Agreement,
and Artist will accommodate City's requests.
C. Prior to commencing the Preliminary Design, Artists shall meet with and seek input from Project
Stakeholders.
d. The location at the Site where the Work shall be installed shall be mutually agreed upon by City and
Artist.
e. Artist, upon request of Contract Manager, shall provide information and/or attend meetings with
appropriate City staff for purposes of risk assessment, safety review, sighting of the Work, and
permitting.
f. Artist shall explore concepts for the Work,within the implementation budget set forth in Article 2.3.
g. Artist shall meet and coordinate with Contract Manager,Project Consultant,and others,as necessary,
to integrate the Work into the Site in terms of structural support or other infrastructure needs to support
the Work.
h. Artist shall present the Preliminary Design to the FWAC for joint review with the Project Core Team,
other Project Stakeholders, the appropriate City staff, and the FWAC's approval at a regularly
scheduled FWAC meeting with a date and time mutually agreed upon. The Preliminary Design shall
subsequently be shared with City boards or commissions, as appropriate.
i. Artist shall make a minimum of two(2)trips to Fort Worth for meetings and presentations as indicated
above. Additional trips if required may be negotiated and agreed upon in writing by City and Artist.
j. Artist shall allow video recording and photography of his/her participation during activities related to
this Project such as presentations and meetings.
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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, Artist shall provide services and all supplies,
materials, and equipment necessary to provide certain deliverables, as set forth in this Article 2.3 to
City for approval. Preliminary Design Deliverables shall consist of the following:
i. Detailed, design illustrations for the Work for the Site, which shall be in a high-resolution
digital format, such as JPEG or TIF files,showing the proposed Work from multiple vantage
points with at least one illustration showing the Work's size and placement in relation to the
Site;
ii. A narrative description of the Artist's concept, proposed materials, fabrication, and
installation methods, timeline for completion and maintenance, and anticipated annual
maintenance requirements;
iii. A preliminary budget estimate, on the budget form attached hereto as "Exhibit D," for final
design and implementation of the Work in an amount up to $141,456.00 which includes all
costs for materials, engineering, labor, fabrication, delivery, installation, insurance (City
requirements attached hereto as "Exhibit E"), travel costs, transportation, remaining Artist's
fee of$14,762.00 and all other associated costs for the Work; and
iv. Artist shall provide the Preliminary Design presentation materials in PowerPoint format to
the Contract Manager to become part of the City of Fort Worth Public Art archive owned by
City. All documents, models, and/or drawings will be retained for archival and exhibition
purposes.
b. Preliminary Design Deliverables shall be submitted to the Contract Manager two(2) weeks prior to
the scheduled Preliminary Design presentation for staff review.
2.4. Preliminary Design Review.
a. Upon completion and submission of the Preliminary Design Deliverables and acceptance by Contract
Manager, Artist shall present the Preliminary Design to the FWAC for joint review with the Project
Core Team, other Project Stakeholders,the appropriate City staff, and for the FWAC's approval at a
regularly scheduled FWAC meeting with a date and time mutually agreed upon. The Final Design
shall subsequently be shared with City boards or commissions, as appropriate.
b. City shall notify Artist of its approval, or disapproval, of the Preliminary Design within thirty (30)
business days of Artist's presentation to the FWAC.
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C. If City disapproves of the Preliminary Design,either in whole or in part,then City shall inform Artist
of each revision to be made to the Preliminary Design. City may require Artist to make such revisions
to the Preliminary Design as City deems necessary in its sole discretion and/or for the Work to comply
with applicable statutes, ordinances, or regulations of any governmental regulatory agency having
jurisdiction over the Site for reasons of safety and security.
d. Artist shall have thirty (30) calendar days from the date City informed Artist of the revision(s) to
present the revised Preliminary Design in conformance with City's requirements.
e. If City disapproves of the resubmitted Preliminary Design, any further Preliminary Design
resubmissions will be by mutual agreement of the Parties and subject to the procedures and terms in
this Article. If the Parties desire not to continue with the resubmission process,then this Agreement
will automatically terminate, with payment for work performed per the payment schedule in Article
3 up through the date of termination. (See Article 4.4.d)
f. Upon City approval of the Preliminary Design, any revisions made to a City-approved Preliminary
Design shall become part of the Preliminary Design. Artist shall incorporate any City-approved
revisions into the final design in conformance with City's requirements. Any revisions shall become
part of any final design deliverables if the Artist proceeds to the final design phase.
ARTICLE 3
COMPENSATION AND PAYMENT SCHEDULE
3.1. Compensation.
Total compensation to Artist under the Agreement shall be in an amount up to NINE THOUSAND, NINE
HUNDRED FORTY-NINE DOLLARS AND NO CENTS ($9,949.00) which shall constitute full
compensation for any and all costs associated with the Agreement, including, but not limited to engineering
and consulting, travel (see Section 2.1(i)), an Artist's fee of$7,949.00, and all other services performed and
materials furnished by Artist under this Agreement. Artist and City may amend this Agreement to allow for
additional payment if additional services are required.
3.2. Payment Schedule.
a. City agrees to pay Artist in the following installments set forth below, each installment to represent
full and final, non-refundable payment for all services and materials provided prior to the due date
thereof:
i. ONE THOUSAND DOLLARS AND NO CENTS ($1,000.00)within thirty(30)calendar days
upon execution of this Agreement.
ii. TWO THOUSAND DOLLARS AND NO CENTS ($2,000.00) after Artist meets with Project
Core Team and other stakeholders to gather input prior to Preliminary Design development.
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iii. TWO THOUSAND DOLLARS AND NO CENTS($2,000.00)within thirty(30)calendar days
after Artist submits all Preliminary Design Deliverables required under Article 2.3 of this
Agreement.
iv. TWO THOUSAND DOLLARS AND NO CENTS($2,000.00)within thirty(30)calendar days
after Artist makes a presentation(s) of the Preliminary Design to the FWAC, the Project Core
Team,and other Project Stakeholders.
V. ONE THOUSAND, NINE HUNDRED FORTY-NINE DOLLARS AND NO CENTS
($1,949.00) within thirty(30)calendar days after City's approval of the Preliminary Design.
vi. An engineering allowance of up to ONE THOUSAND DOLLARS AND NO CENTS
($1,000.00) for preliminary consultation as needed. Such payment shall be made for actual
services rendered only and upon receipt of an invoice from Artist with the original invoice (a
retainer fee of up to 50% is allowed)for such services attached.
3.3. Sales Taxes.
City is a tax-exempt organization and no state or local sales taxes or federal excise taxes shall be due upon the
Project. City shall supply Artist with the"Texas Certificate of Exemption,"in substantially the same form as
that attached hereto as "Exhibit F"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, mailing/shipping charges and insurance on submissions to
City and/or Contract Manager, cost of all travel, and costs for Artist's agents, consultants, and/or employees
necessary for the proper performance of the services required under this Agreement.
ARTICLE 4
TERM AND TERMINATION
4.1. Tenn.
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,
then the Parties shall first attempt to resolve any disputes arising from this Article 4.3 in accordance with the
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dispute resolution process set forth in Article 5. If the Parties cannot resolve the dispute(s),then the disputing
party shall thereupon have the right to terminate this Agreement upon the delivery of a written "Notice of
Termination" specifying the grounds for termination. Termination of this Agreement under this provision
shall not relieve the party in default of any liability for damages resulting from a breach or a violation of the
terms of this Agreement.
4.4. Termination for Convenience.
a. The services to be performed under this Agreement may be terminated by either party, subject to
written notice submitted thirty(30)calendar days before termination.
b. If the termination is for the convenience of City, City shall pay Artist for services actually rendered
up to the effective date of termination in accordance with Section 3.2 of this Agreement, and 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 for services actually rendered up to the effective date of termination in accordance with Section
3.2 of this Agreement 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 for services actually rendered, 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 2.4, then City shall pay
Artist for work performed in accordance with Section 3.2 of this Agreement up through the date of
termination.City shall have the right to possession and transfer of all work product produced by Artist
under this Agreement, including, but not limited to, finished and unfinished drawings, sketches,
photographs,models,and designs, up to the effective date of termination.
4.5. Incapacity of Artist.
a. In the event of Artist's death or Artist becoming physically or legally incapacitated during the term
of this Agreement, City shall have the right to terminate this Agreement on payment to Artist or
Artist's successors for all work and services performed prior to death or incapacity. All work product
produced by Artist, including, but not limited to, finished and unfinished drawings, sketches,
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photographs, models, and designs, up to the effective date of termination shall become property of
City.
b. Should Artist's Preliminary Design have been approved,in the event of termination under this Article
4.5,City shall have the right to complete the Work,if feasible. Due regard shall be made for Artist's
intended results and proper credit and acknowledgement shall be given to Artist.
ARTICLE 5
DISPUTE RESOLUTION
If either Artist or City has a claim, dispute, or other matter in question for breach of duty, obligations,
services rendered or any warranty that arises under this Agreement,the Parties shall first attempt to resolve these
issues through this dispute resolution process. The disputing party shall notify the other party in writing as soon
as practicable after discovering the claim, dispute,or breach. The notice shall state the nature of the dispute and
list the party's specific reasons for such dispute. Within ten(10)business days of receipt of the notice,both parties
shall make a good faith effort, either through email, mail, phone conference, in person meetings, or other
reasonable means to resolve any claim, dispute, breach, or other matter in question that may arise out of or in
connection with this Agreement.
If the Parties fail to resolve the dispute within sixty(60)calendar days of the date of receipt of the notice
of the dispute, then the Parties may submit the matter to non-binding mediation upon written consent of the
authorized representatives of both parties in accordance with Chapter 154 of the Texas Civil Practice and
Remedies Code and Chapter 2009 of the Texas Government Code,then in effect. Request for mediation shall be
in writing, and shall request that the mediation commence not less than fifteen(15) or more than forty-five(45)
calendar days following the date of request,except upon Agreement of the Parties. In the event City and Artists
are unable to agree to a date for the mediation or to the identity of a mutually agreed mediator within thirty(30)
calendar days following the date of the request for mediation,then all the conditions precedent in this article shall
be deemed to have occurred. The Parties shall share the mediator's fee and any filing fees equally. Venue for
any mediation or lawsuit arising under this Agreement shall be in Tarrant County,Texas. Any agreement reached
in mediation shall be enforceable as a settlement agreement in any court having jurisdiction. No provision of this
agreement shall waive any immunity or defense. No provision of this Agreement constitutes consent to sue. If
the Parties cannot resolve the dispute through mediation,then either party shall have the right to exercise any and
all remedies available under law regarding the dispute. (See Article 4.3)
ARTICLE 6
OWNERSHIP AND INTELLECTUAL PROPERTY RIGHTS
6.1. General.
a. Upon payment in full to Artist or pursuant to the applicable termination provision of this Agreement,
the Artwork Design, Work, and all other work product under this Agreement shall become the
property of City, without restriction on future use, except as provided below. Artist shall retain
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copyright and other intellectual property rights in and to the Artwork Design and/or Work. By
execution of this Agreement, Artist grants to the City an exclusive, perpetual, royalty free, and
irrevocable license to graphically depict or publicly display the Artwork Design and/or Work for any
non-commercial purpose whatsoever.For purposes of this limitation,any graphic depiction or display
of the Artwork Design and/or Work intended to promote or benefit City, its public services or its
public 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 Artwork Design and the Work be unique, Artist shall not make any
additional exact duplicate reproductions of the Artwork Design or the Work, nor shall Artist grant
permission to others to do so except with the express written permission of City. However, nothing
herein shall prevent Artist from creating future artworks in Artist's manner and style of artistic
expression.
C. Artist reserves every right available under the Federal Copyright Act to control the making and
dissemination of copies or reproductions of the Artwork Design and/or Work, except as those rights
are limited by this Agreement. City may make and disseminate photographs, drawings, and other
two-dimensional reproductions of the Artwork Design and/or Work and accompanying materials 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: "C date, Artist's name."
d. Nothing in this Agreement shall prevent the Artist from using images of the Artwork Design and/or
Work for marketing and promotional purposes in connection with the Artist's business.
e. City is not responsible for any third-party infringement of Artist's copyright and not responsible for
protecting the intellectual property rights of Artist
6.2. Artist's Address.
Artist shall notify City of changes in Artist's address as set forth in Article 12. The failure to do so, if such
failure prevents City from locating Artist, shall be deemed a waiver by Artist of the right subsequently to
enforce these provisions that require the express approval of Artist. Notwithstanding this provision,City shall
make every reasonable effort to locate Artist when matters arise relating to Artist's rights.
ARTICLE 7
WARRANTIES OF TITLE AND COPYRIGHT
a. Artist represents and warrants that:
i. Artwork Design and/or Work shall be the original product of the Artist's sole creative efforts.
ii. Artwork Design and/or Work is and will be unique and original, and does not infringe upon
any copyright or the rights of any person;
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ill. Artist has not sold, assigned, transferred, licensed, granted, encumbered, or utilized the
Artwork Design and/or Work or any copyright related thereto that may affect or impair the
rights granted pursuant to this Agreement;
iv. Artwork Design and/or Work (or duplicate thereof) have not been accepted for sale
elsewhere;
V. Artist has the full power to enter into and perform this Agreement and to make the grant of
rights contained in this Agreement; and
vi. All services performed hereunder shall be performed in accordance with all applicable laws,
regulations, ordinances, etc., and with all necessary care, skill and diligence.
ARTICLE 8
ARTIST AS INDEPENDENT CONTRACTOR
Artist shall perform all work and services hereunder as an independent contractor, and not as an
officer, agent, servant or employee of City. Artist shall have exclusive control of, and the exclusive right to
control the details of the work performed hereunder, and all persons performing same, and shall be solely
responsible for the acts and omissions of his/her officers, agents, employees, and subcontractors. Nothing
herein shall be construed as creating a partnership or joint venture between City and Artist, his/her officers,
agents,employees and subcontractors,and doctrine of respondent superior has no application as between City
and Artist.
ARTICLE 9
INDEMNIFICATION
9.1. General Indemnity,
a. ARTIST COVENANTS AND AGREES TO AND DOES HEREBY INDEMNIFY, HOLD
HARMLESS, AND DEFEND, AT ITS OWN EXPENSE, CITY FROM AND AGAINST ANY
AND ALL CLAIMS,LAWSUITS,JUDGMENTS,ACTIONS,CAUSES OF ACTION,LIENS,
LOSSES, EXPENSES, COSTS, FEES (INCLUDING, BUT NOT LIMITED TO,
ATTORNEY'S FEES AND COSTS OF DEFENSE), PROCEEDINGS, DEMANDS,
DAMAGES, LIABILITIES, AND/OR SUITS OF ANY KIND OR NATURE, INCLUDING,
BUT NOT LIMITED TO,THOSE FOR PROPERTY LOSS(INCLUDING,BUT NOT LIMITED
TO, 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,
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PARTNERS, AND REPRESENTATIVES IN CONNECTION WITH THE EXECUTION,
PERFORMANCE, ATTEMPTED PERFORMANCE, OR NONPERFORMANCE OF THIS
AGREEMENT.
b. Artist agrees to and shall release City from any and all liability for injury, death, damage, or loss to
persons or property sustained or caused by Artist in connection with or incidental to performance
under this Agreement.
C. Artist shall require all of its subcontractors to include in their subcontracts a release and indemnity in
favor of City in substantially the same form as above.
9.2. Intellectual Property.
Artist agrees to assume full responsibility for complying with all State and Federal Copyright Laws and any
other regulations, including, but not limited to, the assumption of any and all responsibilities for paying
royalties that are due for the use of other third party copyrighted works by Artist. City expressly assumes no
obligations, implied or otherwise, regarding payment or collection of any such fees or financial obligations.
City specifically does not authorize, permit, or condone the reproduction or use of copyrighted materials by
Artist without the appropriate licenses or permission being secured by Artist in advance. IT IS FURTHER
AGREED THAT ARTIST SHALL RELEASE, DEFEND, INDEMNIFY, AND HOLD HARMLESS
CITY FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES, ACTIONS, OR
EXPENSES OF EVERY TYPE AND DESCRIPTION, INCLUDING, BUT NOT LIMITED TO,
ATTORNEY'S FEES, TO WHICH THEY MAY BE SUBJECTED ARISING OUT OF CITY'S USE
OR POSSESSION OF THE WORKS BY REASON OF AN ALLEGED OR ACTUAL COPYRIGHT
VIOLATION OR OTHER LACK OF OWNERSHIP, AUTHORSHIP, OR ORIGINALITY. City
expressly assumes no obligation to review or obtain appropriate licensing and all such licensing shall be the
exclusive obligation of Artist.
ARTICLE 10
EQUAL OPPORTUNITY
a. Artist shall not engage in any unlawful discrimination based on race, creed, color, national origin,
sex, age, religion, disability, marital status, citizenship status, sexual orientation or any other
prohibited criteria in any employment decisions relating to this Agreement, and Artist represents and
warrants that to the extent required by applicable laws, it is an equal opportunity employer and shall
comply with all applicable laws and regulations in any employment decisions.
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.
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ARTICLE 11
MISCELLANEOUS
11.1. Compliance.
Artist shall comply with all Federal, state, and local statutes, ordinances, and regulations applicable to the
performance of Artist's services under this Agreement.
11.2. Entire Agreement.
This writing embodies the entire agreement and understanding between the Parties hereto, and there are no
other agreements and understandings, oral or written, with reference to the subject matter hereof that are not
merged herein and superseded hereby.
11.3. Amendments.
No alteration, change, modification, or amendment of the terms of this Agreement shall be valid or effective
unless made in writing and signed by both parties hereto and approved by appropriate action of City.
11.4. Waiver.
No waiver of performance by either party shall be construed as or operate as a waiver of any subsequent
default of any terms,covenants,and conditions of this Agreement. The payment or acceptance of fees for any
period after a default shall not be deemed a waiver of any right or acceptance of defective performance.
11.5. Governing Law and Venue.
If any action, whether real or asserted, at law or in equity, arises on the basis of any provision of this
Agreement,venue for such action shall lie in state courts located in Tarrant County,Texas or the United States
District Court for the Northern District of Texas—Fort Worth Division. This Agreement shall be construed
in accordance with the laws of the State of Texas.
11.6. Successors and Assigns.
Neither party hereto shall assign, sublet, or transfer its interest herein without prior written consent of the
other party, and any attempted assignment, sublease, or transfer of all or any part hereof without such prior
written consent shall be void. This Agreement shall be binding upon and shall inure to the benefit of City and
Artist and their respective successors and permitted assigns.
11.7. No Third-Party Beneficiaries.
The provisions and conditions of this Agreement are solely for the benefit of City and Artist, and any lawful
successor or assign,and are not intended to create any rights,contractual,or otherwise,to any other person or
entity.
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.
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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 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(11)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 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.
Page 13 of 27
Agreement between City of Fort Worth
And Elizabeth Akamatsu Fenci for Execution Copy 10/3/19
Preliminary Design of Diamond Hill Community Center
11.14.Certified MBE/WBE.
If applicable, Artist is encouraged to make its best effort to become a certified Minority Business Enterprise
(MBE) or Woman Business Enterprise (WBE) firm with a certifying agency whose certification is accepted
by the City under the City's Business Diversity Enterprise Ordinance.
11.15. Survival Provision.
The provisions contained in Articles 4.5(Incapacity of Artist),Articles 6(Ownership and Intellectual Property
Rights), 7 (Warranties of Title and Copyright), 8 (Artist as an Independent Contractor), 9 (Indemnification),
and 11.13 (Right to Audit) shall survive the termination or expiration of this Agreement.
11.16. Counterparts and Electronic Signatures.
This Agreement may be executed in several counterparts,each of which will be deemed an original,but all of
which together will constitute one and the same instrument. A signature received via facsimile or
electronically via email shall be as legally binding for all purposes as an original signature.
11.17. Time Extensions.
The Parties may agree, in writing, to extend or modify any of the time deadlines set forth in this Agreement.
11.18. Israel.
If Artist is a company with ten (10) or more full-time employees and if this Agreement is for
$100,000 or more, Artist acknowledges that in accordance with Chapter 2270 of the Texas
Government Code, the City is prohibited from entering into a contract with a company for goods or
services unless the contract contains a written verification from the company that it: (1) does not
boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott
Israel" and "company" shall have the meanings ascribed to those terms in Section 808.001 of the
Texas Government Code. If applicable under this Agreement and Artist is considered a"company,"
by signing this Agreement, Artist certifies that Artist's signature provides written verification to
the City that Artist: (1) does not boycott Israel; and (2) will not boycott Israel during the term of
the Agreement.
11.19. Publicity.
For the duration of the Agreement, if Artist intends to seek its own publicity for the Work, such
efforts and/or press releases must be approved, in advance, by City.
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
Page 14 of 27
Agreement between City of Fort Worth
And Elizabeth Akamatsu Fenci for Execution Copy 10/3/l9
Preliminary Design of Diamond Hill Conn mity Center
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: Dana Burghdoff, Interim Assistant City Manager
City Manager's Office
City of Fort Worth
200 Texas Street, Third Floor
Fort Worth, Texas 76102
Copies to: Sarah Fullenwider, City Attorney
Office of the City Attorney
City of Fort Worth
200 Texas Street, Third Floor
Fort Worth,Texas 76102
Martha Peters, Director of Public Art
Arts Council of Foil Worth& Tarrant County
1300 Gendy Street
Fort Worth, Texas 76107
2. ARTIST Elizabeth Akatnatsu Fenci
10001 Appleby Sand Road
Nacogdoches,Texas 75965
IN WITNESS III:REOF, the Parties hereto have executed this Agreement to be effective as of the
Effective Date.
CITY OF FORT WORTH ARTIST
by:
Dana Burgh o Eliz eth Akamatsu Fenci
Interi Ass t City anager Artist
Date: I @1-7 t1 g Date: October 9, 2019
Contract Compliance Nlanager
By signing, I acknowledge that l am the person responsible
for the monitoring and administration of this contract, including
nsuring all performance and reporting re .rements.
Name: Michelle Richardson OFFICIAL RECORD
Title: Public Art Project Manager CITY SECRETARY
FT. WORTH,TX
Agreement between City of Fort Worth
And Elizabeth Akamat;u Fenci l'or Execution Copy It).3 19
Preliminary Design of Diamond Hill Community Center
APPROVED AS TO FORM
AND LEGALITY:
Jessica Sangsvan t
Senior Assistant ty Attorney
Form 1295: Not required
ATT D
M ry J. Kay e ~
City Secretary
Contract Authorization:
M&C—No M&C Required
OFF6C AL RECORD
CITY SECRETARY
FT. WORTH,TX
Agreement between City of Fort Worth
And Elizabeth Akamatsu Fenci for Execution Copy 10/3/19
Preliminary Design of Diamond Hill Community Center
Exhibit A: Elizabeth Akamatsu Resume
Elizabeth Y.Akamatsu
10001 Appleby Sand Road
Nacogdoches Texas 75965 936. 554. 3449
elizabethakamatsu(&jzmail.com
www.elizabethakamatsu.com
HISTORY AND EDUCATION
Born in Yokosuka, Japan
MFA, Southern Illinois University, Carbondale, Illinois California College of Arts and Crafts,
Oakland, California BA, California State University at Fullerton
1990-1993 Assistant Professor of Art, Midwestern State University, Wichita Falls,TX 1993-
1995 Assistant Professor of Art, Sam Houston State University, Huntsville,TX 1995-present Full
time artist
SOLO AND TWO PERSON EXHIBITIONS
2018 Elizabeth Akamatsu, roses for ME, Center for Contemporary Arts, Abilene, TX
2016 Elizabeth Akamatsu, Museo de Casa Chihuahua, Chihuahua, Mexico Elizabeth
Akamatsu, Hardin Simmons University, Abilene, TX
2014 Elizabeth Akamatsu and Piero Fenci, Susan Listerlocke Gallery, Nantucket, MA
2013 Elizabeth Akamatsu and Piero Fenci, Graficas, Nantucket, MA
2012 Elizabeth Akamatsu and Piero Fenci, Graficas, Nantucket, MA
2011 "Growing Paradise", collaboration with Piero Fenci, illustrations of poems written
by Ann Filemyr, Museum of Contemporary Native Art, Santa Fe, NM Elizabeth
Akamatsu and Piero Fenci, RO2 Art Uptown, Dallas, TX
2010 Elizabeth Akamatsu and Lauren McAdam, University of Dallas, Irving, TX
2009 Elizabeth Akamatsu and Piero Fenci, Texas A&M University Commerce
2008 Elizabeth Akamatsu and Christine Sanford, South Wharf Gallery, Nantucket, MA
2006 Spirited Fusion:Akamatsu and Fenci, Tyler Museum, Tyler, TX
Elizabeth Akamatsu and Piero Fenci, South Wharf Gallery, Nantucket, MA New
Sculptures by Elizabeth Akamatsu, Graficas, Tucson, AZ
2005 Elizabeth Akamatsu and Piero Fenci, Page Bond Gallery, Richmond, VA Elizabeth
Akamatsu and Piero Fenci, South Wharf Gallery, Nantucket, MA
Page 17 of 27
Agreement between City of Fort Worth
And Elizabeth Akamatsu Fenci for Execution Copy 10/3/l9
Preliminary Design of Diamond Hill Community Center
2004 Elizabeth Akamatsu and Christine Sanford, Page Bond Gallery, Richmond,VA
Elizabeth Akamatsu and Piero Fenci, South Wharf Gallery,Nantucket,MA
2003 Elizabeth Akamatsu and Rick Lewis, Hooks-Epstein Galleries, Houston,TX
Elizabeth Akamatsu and Piero Fenci, Page Bond Gallery, Richmond,
Elizabeth Akamatsu and Piero Fenci, South Wharf Gallery,Nantucket,MA
2002 Elizabeth Akamatsu and Piero Fenci, Page Bond Gallery, Richmond
Elizabeth Akamatsu and Piero Fenci, South Wharf Gallery,Nantucket,MA
2001 Elizabeth Akamatsu and Masuru Takiguchi, Hooks-Epstein Galleries, Houston,
TX
Recent Work, South Wharf Gallery,Nantucket, Massachusetts
2000 Elizabeth Akamatsu and Maryann Gelula, South Wharf Gallery,Nantucket,MA
1999 The Rock Garden, Museum of East Texas, Lufkin,Texas
The Garden of Wants, Hooks-Epstein Galleries, Houston, Texas
Elizabeth Akamatsu and Piero Fenci, Transco Tower Gallery, Houston,TX
1997 Elizabeth Akamatsu and Piero Fenci, Main Street Gallery,Nantucket,MA
1996 Solo Exhibition, Louisiana State University, Shreveport,LA
Gestures and Symbols, two person exhibition, Art League of Houston, TX
Elizabeth Akamatsu and Piero Fenci, Main Street Gallery, Nantucket, MA
1993 Solo Exhibition, Cameron University Art Gallery, Lawton,OK
Solo Exhibition, Stephen F. Austin State University, Nacogdoches, TX
Elizabeth Akamatsu and Kate Borcherding, Sam Houston State University,
Huntsville, TX
1991 Solo Exhibition, Midwestern State University, Wichita Falls,TX
SELECTED GROUP EXHIBITIONS
2017
51 st Annual National Drawing and Small Sculpture show, Del Mar College,juror Carlos Aguirre,
Corpus Christi,TX
Public Art, Old Town Art Splash, Outdoor Sculpture Show, Coppell, TX Public Art, Art al Fresco
Public Art, Boerne, TX
Page 18 of 27
Agreement between City of Fort Worth
And Elizabeth.Akamatsu Fenci for Execution Copy 10/3/19
Preliminary Design of Diamond Hill Commnunity Center
Public Art, Manitou Springs Public Art, Manitou Springs, CO
Profusion in the Void, TSG member's exhibition, ArtspaceI 11, Fort Worth, TX
Sunscreen, Page Bond Gallery, Richmond, VA ArtSpace III, Fort Worth, TX
2016
Public Art, 18th Annual Art on the Streets, People's ChoiceAward,Colorado Springs, CO
Public Art,Art on Henderson, Dallas, TX First Place Award Public Art, Village of Oak Park
Sculpture Walk, Oak Park, IL
2015
Speaking Silence, Shoal Creek Gallery, Austin,TX Public Sculpture on Main Street, Marble Falls,
TX
Public Art,Art Around Town, Carbondale Public Sculpture, Carbondale, CO
2015 Seven State Biennial, Nesbitt Gallery, Chickasha, OK
Yeah It's Salon Style, Ro2 Artist Group Show Dallas, TX
Dallas Art Fair, exhibited by Ro2 Art, Fashion Industry Gallery, TX(2014) 2014 Chaos!!, Ro2 Art
Dallas, TX(2013)
2013
Aqua Art Fair, exhibited by Page Bond Gallery, Miami, FL ISC Small Sculpture Show,
Fountainhead Studio, Miami, FL Texas Art Now, Fort Worth Community Arts Center, TX
"Objectified", RO2 Downtown Gallery, Dallas, TX
2012
"Breathe and Believe International Art Exhibition", Castello Norman Svevo, Sannicandro de Bari,
Italy
"Espoused", Art Museum of Southeast Texas, Beaumont
"Hale- A Summer Group Exhibition", Page Bond Gallery, Richmond, VA
Home for the Holidays, RO2 Art Uptown, Dallas, TX
SELECTED COLLECTIONS
University New Mexico, Portales,NM
The Woodlands Waterway Trail, The Woodlands,TX Capital One, Richmond, Virginia
Congregation Emanuel, Houston, Texas Hall Industrial Park, Frisco, Texas
PUBLICATIONS
"Creative Jolt Inspirations", Rose Gonnella,North Light Books, 2000 "Growing Paradise", a
collaboration with Piero Fenci, illustrations of poems written by Ann Filemyr, limited edition
handmade letterpress book printed by LaNana Creek Press, 2011
Page 19 of 27
Agreement between City of Fort Worth
And Elizabeth Akamatsu Fenci for Execution Copy 10/3/19
Preliminary Design of Diamond Hill Community Center
Exhibit B: Project Outline
1AAVLA VA1
Diamond Hill Community Center
Public Art Project Outline
71+'
w
The City of Fort Worth is currently in the process of designing a new building to replace the current
Diamond Hill Community Center, pictured above, in Council District 2.The new center will be located near
the intersection of Weber Street and 36th Street(address to be assigned).The facility will include a boxing
gym,gymnasium,fitness area, and meeting rooms.The construction is anticipated to be completed by
January 2022.
PUBLIC ART SITE AND APPROACH
This public art project provides an opportunity for a local or regional artist to create a unique artwork for
the new Diamond Hill Community Center. In coordination with the architects,the artwork may be
integrated into the design of the building and/or site,with a focus on developing an exterior presence;the
selected artist shall work in partnership with the design team to reflect community identity.
At the Project Core Team meeting on May 15, 2019,community representatives discussed their goals.
Overall,they agreed the artwork should be bold and expressive, showing community pride,and to create a
space that is engaging to viewers.The Core Team shared interest in work that welcomed patrons of
different cultural backgrounds as well as different generations to truly capture the diverse community that
the Diamond Hill Community Center serves.
Page 20 of 27
Agreement between City of Fort Worth
And Elizabeth Akamatsu Fenci for Execution Copy 10/3/19
Preliminary Design of Diamond Hill Community Center
PUBLIC ART BUDGET
The Public Art Plan for the 2018 Bond Program designated approximately$169,227.00 in public art funds
for the Diamond Hill Community Center Public Art Project.The project was included in the Fort Worth
Public Art Fiscal Year 2019 Annual Work Plan, adopted by City Council on November 6, 2018 (M&C G-
19412).
ELIGIBILITY
Staff will recommend 6-8 local and regional artists from the Fort Worth Public Art Pre-Qualified List Artists,
and additional artists by invitation,whose work would be a good fit for the project.
PROJECT CORE TEAM
1. George Felan, Bonnie Brae Neighborhood Association
2. Roxanne Martinez, Diamond Hill Jarvis Neighborhood Advisory Council
3. Veronica Fischer, North Side Neighborhood Association
4. Tressa Hillburn, North Side Neighborhood Association
5. Raphael Subialedo, North Side Neighborhood Association
6. Jennifer Sarduy, Diamond Hill Neighborhood Association
ARTIST SELECTION PROCESS
SELECTION PANEL MEETING #1
FWPA staff shall present a pool of 6-8 regional artists from the Fort Worth Public Art Pre-Qualified List of
Artists as well as artists by invitation.Artists will be contacted prior to being considered by the Artist
Selection Panel,to ascertain their interest and availability.The Artist Selection Panel shall review the artists'
qualifications and select 3 finalists and one alternate.
FINALIST ORIENTATION
The finalists shall participate in an orientation for the project. Information about the project,
including preliminary elevations and plans,shall be sent to the finalists in advance of the
orientation.
SELECTION PANEL MEETING#2
The Artist Selection Panel shall interview each of the three artists individually.The Panel may then ask
questions about their professional experience and related work.The Panel will then recommend one artist
and one alternate for the project. Upon the FWAC's approval of the Panel's recommendation, a Preliminary
Design contract will be executed with the selected artist.
MEETING FACILITATOR: Michelle Richardson, Public Art Project Manager,Arts Council of Fort Worth and
Tarrant County
ARTIST SELECTION PANEL(Voting)
1. Council Member Carlos Flores, District 2
2. Roxanne Martinez, Elected Project Core Team Member
3. Raul Pena, Fort Worth Art Commissioner
4. Ariel Davis,Artist
5. Kent Pontious,GFF Architects
Page 21 of 27
Agreement between City of Fort Worth
And Elizabeth Akamatsu Fenci for Execution Copy 10/3/19
Preliminary Design of Diamond Hill Community Center
ADVISORS(Non-voting)
1. Maira Gallegos, District 2 Director
2. Morgan Leal, Park and Recreation Advisory Board, District 2
3. Jing Yang, Park and Recreation Department,City of Fort Worth
4. Raul Meza,Supervisor of Diamond Hill Community Center, City of Fort Worth
5. Alfonso Meza, Property Management Department,City of Fort Worth
6. Other Project Core Team Members
7. Others as may be appropriate
TIMELINE(Subiect to change)
Project Core Team Orientation May 15, 2019
Project Outline Approved June 17, 2019
Selection Panel Meeting#1 July 10, 2019
Finalist Orientation July/August 2019
Selection Panel Meeting#2 (interviews) August 21,2019
FWAC approval September 9, 2019
Preliminary Design Contract execution with artist September 2019
Page 22 of 27
Agreement between City of Fort Worth
And Elizabeth Akamatsu Fenci for Execution Copy 10/3/19
Preliminary Design of Diamond Hill Community Center
Exhibit C: Site
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Page 23 of 27
Agreement between City of Fort Worth
And Elizabeth Akamatsu Fenci for Execution Copy 10/3/19
Preliminary Design of Diamond Hill Community Center
Exhibit D: Budget Form
PROJECT . PROJECTARTIST
DEVELOPMENTPROJECT
s..
COSTS COSTS
FEES INSTALLATION
Artist fee Transportation
Design(Preliminary/Final) Permits
Professional fees Site preparation/remediation
Engineer Footings/foundations
Architect Electrical connections/modifications
Lighting Designer Labor
Conservator Equipment rental
Other Traffic control
SUB-TOTAL FEES Security
SUB-TOTAL INSTALLATION
TRAVEL
Transporation OVERHEAD
Lodging Insurance(prorated)
Per diem(meals and incidentals)
Studio assistant(hours x$per hour)
SU B-TOTAL TRAVEL
SUB TOTAL OVERHEAD
FABRICATION
Artist administration(hours x$per hour) CONTINGENCY
Materials
Artist labor(hours x$per hour) GRAND TOTAL ARTIST _
Labor PROJECT COSTS
Rentals(equipment,space,etc)
Storage
SUB-TOTAL FABRICATION
Page 24 of 27
Agreement between City of Fort Worth
And Elizabeth Akamatsu Fenci for Execution Copy 10/3/19
Preliminary Design of Diamond Hill Community Center
Exhibit E: Insurance Requirements
PUBLIC ART PROJECTS - INSURANCE REQUIREMENTS
Artist shall meet all the following insurance requirements for this Project. If Artist subcontracts fabrication,
transportation, and/or installation of the Work, then Artist shall also require his/her subcontractor(s) to abide
by all of the following insurance requirements.
Commercial General Liability(CGL)
$1,000,000 Each occurrence
$2,000,000 Aggregate limit
Coverage shall include, but not be limited to, the following: premises, operations, independent contractors,
products/completed operations, personal injury, and contractual liability. Insurance shall be provided on an
occurrence basis, and be as comprehensive as the current Insurance Services Office(ISO) policy. The policy
shall name City as an additional insured.
Bailee's/Property(if applicable)
The inland marine policy shall provide per occurrence coverage at replacement cost value based on the latest
appraised value of the Artwork, which is entrusted to the Artist and is considered to be in the Artist's care,
custody, and control and shall include property"in transit."
Automobile Liability
$1,000,000 Each accident
or
$250,000 Bodily Injury per person
$500,000 Bodily Injury per occurrence
$100,000 Property Damage
A commercial business policy shall provide coverage on "Any Auto," defined as autos owned, hired and non-
owned.
For Artist and/or Artist's Subcontractors who have employees: Workers'Compensation
Statutory limits
Employer's liability
$100,000 Each accident/occurrence
$100,000 Disease-per each employee
$500,000 Bodily Injury/Disease-policy limit
Workers' Compensation coverage shall provide limits consistent with statutory benefits outlined in the Texas
workers' Compensation Act(Art. 8308— 1.01 et seq. Tex. Rev. Civ. Stat.).
GENERAL POLICY REQUIREMENTS
The certificate of insurance shall include an endorsement naming the City of Fort Worth, its' Officers,
Employees and Volunteers as an "Additional Insured" on all liability policies. Exception: the additional
insured requirement does not apply to Workers' Compensation or Automobile policies.
Page 25 of 27
Agreement between City of Fort Worth
And Elizabeth.Akamatsu Fenci for Execution Copy 10/3/19
Preliminary Design of Diamond Hill Community Center
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.
Page 26 of 27
Agreement between City of Fort Worth
And Elizabeth Akamatsu Fenci for Execution Copy 10/3/l9
Preli ninary Design of Diamond Hill Community Center
Exhibit F: Sales Tax Exemption
Texas Sales and Use Tax Exemption Certification
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Page 27 of 27
Agreement between City of Fort Worth
And Elizabeth Akamatsu Fenci for Execution Copy 10/3/19
Preliminary Design of Diamond Hill Community Center