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HomeMy WebLinkAboutContract 56046 cITY SECRF-TARYS�0� CONTRA}::: �,r RECEIVED 1!)L 16 2021 CIIY0FF0RTW0RTff AGREEMENT BETWEEN THE CITY OF FORT WORTH CITYSECRRARY AND CONSTANCE WHITE FOR A CURATORIAL PROPOSAL FOR PUBLIC ART FOR MARINE CREEK PARKWAY This Agreement is entered into this ft�day of U.I ,2021 by and between the City of Fort Worth,a home-rule municipal corporation of the State of Texas,acting by and through Fernando Costa, its duly authorized Assistant City Manager,and Constance White("Curator"),an individual located at 301 S. Harwood Street,Number 201, Dallas, Texas, 75201. 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 completed improvements along Old Decatur Road,stretching from Longhorn Road northbound to Bailey-Boswell Road, in Fort Worth,Texas 76179,at the border of Council Districts 2 and 7. Upon completion the roadway was annexed to the City of Saginaw,therefore the City Manager's Office has approved moving the public art project to two new roundabouts along Marine Creek Parkway at the intersections of Longhorn Road and Cromwell-Marine Creek Road due to their proximity to the original location; WHEREAS,the Old Decatur Road Public Art Project was included in the Public Art Plan for the 2008 Bond Program approved by City Council on October 26,2010 as M&C G-17094. The funds were subsequently reprogrammed to the Marine Creek Parkway roundabouts in the Fort Worth Public Art Fiscal Year 2021 Annual Work Plan adopted by the Fort Worth City Council on September 22,2020 as M&C 20-0678; WHEREAS, on April 19,2021,the Fort Worth Art Commission("FWAC")approved the Project Outline,which included the approval of the 2021 Texas-Based Curator Open Call; WHEREAS,the FWAC is overseeing a selection process 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); WHEREAS,the Project Manager facilitated a review of qualifications by the voting members of the Selection Panel,resulting in the recommendation of three(3)finalist curators; OFFMAL fhb_IRo Agreement between the City of Fort Worth and Page o Constance White for Conceptual Design Proposal for (ATY SECRETARY Marine Creek Parkway Public Art Project tlRTH, WHEREAS, Curator has been selected as a finalist for the Project and is being asked to develop a Curatorial Proposal and submit it for review and consideration by the Selection Panel; WHEREAS, City intends to select one Curatorial Proposal and Selected Project Team for the Project based on the submissions by the individual curators with no guarantee that any particular curator or proposal will be selected to proceed to the next phase of the Project; and, WHEREAS, City and Curator wish to set out the terms and conditions under which said Work shall be designed to promote the integrity of Curator's ideas and statements as represented by the Work; NOW,THEREFORE,City and Curator for and in consideration of the covenants and agreements hereinafter set forth,the sufficiency of which is hereby acknowledged,agree as follows: ARTICLE 1 DEFINITIONS As used in this Agreement,the following terms shall have the meanings as set forth below: 1.1. Agreement—Means and includes this Agreement between the City and Constance White for a Curatorial Proposal of public art for the Site. 1.2. Artists—Means and includes the two(2) individuals chosen by Curator and included in the Curatorial Proposal. 1.3. City—Means and includes the City of Fort Worth,Texas and its officers,representatives,agents, servants,and employees. 1.4. Contract Manager—Means and includes the Arts Council of Fort Worth and Tarrant County, Inc.,and/or its officers,directors,employees. 1.5. Curator-Means and includes Constance White. 1.6. Curatorial Proposal—Means all preliminary drawings,sketches, narrative descriptions, budget estimates,and the like that are created by Curator and Artists in connection with this Agreement between Curator and City for the Work. 1.7. Curatorial Proposal Deliverables—Means and includes those items set forth in Article 2.4. of this Agreement that Curator is required to submit to City for its review and approval. 1.8. 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. 1.9. Parties-Means and includes City and Curator. 1.10. Project-Means and includes the capital improvement or public art development undertaking of City for which Curator's services are to be provided pursuant to this Agreement.A Project Outline attached hereto as"Exhibit A"describes the parameters and expectations of the project. Agreement between the City of Fort Worth and Page 2 of 26 Constance White for Conceptual Design Proposal for Marine Creek Parkway Public An Project 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 Master Plan Update,page 23. 1.12. Project Stakeholders-Means and includes the Mayor and City Council and the appointed Project Core Team,City staff and others,as appropriate. 1.13. Selected Project Team—Curator and Artists selected to move forward with Project. 1.14. Selection Panel—Means and includes the appointed voting panel comprised of arts professionals, an elected representative(s)of the Project Core Team,a FWAC representative,with the City Council Member, City staff representatives,and other members of the Project Core Team as non- voting advisors. 1.15. Site-Means the roundabouts located along Marine Creek Parkway at the intersections of Longhorn Road and Cromwell-Marine Creek Road(76179),attached hereto as`Exhibit B." 1.16. Work-Means and includes Curatorial Proposal,finished object(s)of art and design, and any PowerPoint presentations that are the subject of this Agreement,or any intermediary stage of completion of such works. ARTICLE 2 PURPOSE SCOPE OF SERVICES AND DELIVERABLES 2.1. Purpose. The purpose of this Agreement is to solicit a Curatorial Proposal from Curator for review by the Selection Panel for this Project and,ultimately,to select a proposal and associated curator and artists to proceed as Selected Project Team to the next phase of this Project,which may include final design development and commission of the Work. The City does not guarantee that Curator will be selected to proceed to the next phase of the Project and specifically reserves the right to reject all proposals. 2.2. Scope of Services. a. Curator shall perform all services and will furnish all supplies,materials,and equipment as necessary for developing a Curatorial Proposal of the Work and for providing the Curatorial Proposal Deliverables. Services shall be performed in a professional manner and in strict compliance with all terms and conditions in this Agreement. b. Under this Agreement,Curator shall provide the following services to produce the Work: i. Participate in an orientation meeting with the Project Core Team via Zoom at a mutually agreed upon date and time; ii. Develop an overarching concept for the Site as the foundation for the Curatorial Proposal which is appropriate for the goals of the Project. iii. Conduct research on possible artists whose works could create a visual dialogue at the Agreement between the City of Fort Worth and Page 3 o1726 Constance White for Conceptual Design Proposal for Marine Creek Parkway Public Art Project Site; iv. Select two(2)Artists to contribute to the development of Curatorial Proposal; and, V. Complete the Curatorial Proposal Deliverables in collaboration with Artists, acting as the lead creative. c. Curator shall prepare and present a Curatorial Proposal to the Selection Panel at a mutually agreeable date and time. d. Curator shall allow video recording and photography of their Curatorial Proposal presentation to the Selection Panel. e. Four (4) weeks prior to final submittals Curator shall individually meet, via Zoom, with the Project Manager for the purpose of a design progress report to receive feedback on their initial concepts and have the opportunity to ask questions. 2.3. City Assistance. Upon request by Curator, City shall promptly furnish all information and materials required by Curator to the extent that such materials are available. City,upon request by Curator,shall also provide correct scaled drawings of the Site, if available. 2.4. Curatorial Proposal Deliverables. a. Within eight(8)weeks of execution of this Agreement Curator shall provide services and all supplies, materials,and equipment necessary to provide the Curatorial Proposal Deliverables, as set forth in this subsection to City for consideration. b. Curatorial Proposal Deliverables shall consist of the following: i. A written narrative description including: 1. Curator's overall approach to their work and to the Marine Creek Parkway Public Art Project,specifically,which serves as the foundation for the proposal. 2. Names Artists with qualifications,including resume/cv and five(5)images of past work by each individual. 3. Artists' general approach to work and to the Marine Creek Parkway Public Art Project, specifically,including description and process to create the Work. 4. Proposed locations, materials, fabrication and installation methods, timeline for completion and maintenance requirements. 5. Curator's process to assist Artists to produce their Works for the Project. ii. Images including: 1. Two (2) or more renderings of overall Curatorial Proposal including full streetscape views,supplied as both high and low resolution digital files. Agreement between the City of Fort Worth and Page 4 of 26 Constance White for Conceptual Design Proposal for Marine Creek Parkway Public Art Project 2. Two (2) or more renderings of each Artist's contribution to the Curatorial Proposal, supplied as both high and low resolution digital files. 3. Installation diagram showing the Works' relationship to the Site, including proposed installation method(s),and location(s)for lighting, if any; iii. A preliminary budget estimate for each artwork,on the budget form attached hereto as"Exhibit C," which is incorporated into this Agreement, for final design and implementation of the proposed artworks in a total amount not to exceed $507,022.00, which includes all costs for engineering fees, materials, labor, fabrication, delivery, installation, construction, insurance (City requirements attached hereto as"Exhibit D"),transportation,travel costs as applicable,a 15%Design Fee with 25% assigned to the Curator and 75%assigned to the Curated Artists, contingencies and all other associated costs for the Work. The preliminary budget estimate may not factor in costs for Curator or Artists' overhead for equipment that is necessary to deliver the Work, including, but not limited to costs for internet,phone, computers, and other related charges. The budget estimate should also include material or fabrication samples and/or prototype models for the Work that show the size and placement of the Work in relation to the Site,as appropriate; c. Curator shall provide the Curatorial Proposal presentation materials in PowerPoint format to the Contract Manager to become part of the City Public Art archive owned by City. All documents and drawings will be retained for archival and exhibition purposes. d. Curator shall submit an electronic version of their initial concept for the Curatorial Proposal for the purpose of a design progress report as described in 2.2.e.File(s)shall be submitted to Contract Manager no later than 12:00 Noon(Central Time)at least two(2)days in advance of the progress report date. e. Curator shall submit a final electronic version of the Curatorial Proposal Deliverables to Contract Manager no later than 12:00 Noon(Central Time),at least two(2)days in advance of the presentation date to the Selection Panel. f. The initial concept and the final Curatorial Proposal Deliverables shall be sent in one of the following manners: i. Via email to mrichardsonAartscouncilfw.org(12 MB size limit per each email);or, ii. Via an FTP site,such as Dropbox or Google Drive. 2.5.Notification of Selection. a. The Contract Manager shall notify the Curator,by phone and in writing, of the final outcome of the selection process, i.e., whether or not the Curator was selected to proceed to the next phase of the Project within fifteen(15)days of the FWAC's approval of the selected Curatorial Proposal. It is the City's intention to enter an Agreement with Curator and each Artist individually for the next phase. Agreement between the City of Fort Worth and Page 5 of26 Constance White for Conceptual Design Proposal for Marine Creek Parkway Public Art Project 2.6. Alternate Curator. a. Any curator not selected to proceed to the next phase of the Project may be designated as an alternate for a period of one(1)year from the date the City sends final payment to Curator under this Agreement. The Curator shall not receive any additional compensation for such designation; however, such designation does affect ownership rights to the Curatorial Proposal, which is set forth in more detail in Article 5. 2.7. Additional Services. a. City may request that Curator provide services in addition to the services set forth in Sections 2.2 and 2.4 above. City shall make such requests in writing. Such additional services shall only be performed after execution of a written amendment to this Agreement which includes, at a minimum, a description of the additional services and scope of work, compensation and payment schedule,and schedule for the delivery and completion of services. b. City and Curator will mutually agree to compensation, payment schedule, schedule for the delivery and completion of any additional set-vices. c. Curator reserves the right to decline to provide the additional services. ARTICLE 3 COMPENSATION AND PAYMENT SCHEDULE 3.1. Compensation. Total compensation to Curator under the Agreement shall not exceed THREE THOUSAND DOLLARS AND NO CENTS ($3,000.00), which shall constitute full compensation for any and all costs associated with the Agreement, including,but not limited to,Curator proposal fee,Artists' fees of ONE THOUSAND DOLLARS AND NO CENTS ($1,000.00)each,travel,and services performed and materials furnished by Curator under this Agreement.Curator 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 Curator 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. SEVEN HUNDRED FIFTY DOLLARS AND NO CENTS($750.00)upon execution of this agreement and attendance of the orientation(Section 2.2.b.i). ii. ONE THOUSAND, TWO HUNDRED FIFTY DOLLARS AND NO CENTS ($1,250.00) within thirty (30) calendar days after Curator submits all of the Curatorial Proposal Deliverables required under Article 2.4 of this Agreement and makes a presentation of the Curatorial Proposal to the Selection Panel. Agreement between the City of Fort Worth and Page 6 of26 Constance White for Conceptual Design Proposal for Marine Creek Parkway Public Art Project iii. ONE THOUSAND DOLLARS AND NO CENTS($1,000.00)within thirty(30)calendar days after Curator is notified as to the final outcome of the selection process(i.e.,whether or not the Curator was selected to proceed to the next phase of the Project after FWAC's approval of the selected Curatorial Proposal)and after Curator submits an Affidavit of Bills Paid,attached hereto as"Exhibit E." 3.3. Sales Taxes. The City is a tax-exempt organization and no state or local sales taxes or federal excise taxes shall be due upon the Project. The City shall supply the Curator with the"Texas Sales Tax and Local Sales Tax Exemption Certificate," attached hereto as"Exhibit F"for use by Curator in the fulfillment of this Agreement. '3.4. Curator's Expenses. Curator 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 the City,and costs for Curator's agents,subconsultants,employees,necessary for the proper performance of the services required under this Agreement. ARTICLE 4 TERM AND TERMINATION 4.1. Term. This Agreement shall be in effect from the Effective Date, and, unless terminated earlier pursuant to such provisions in this Agreement, shall extend until final payment to Curator 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 Curator or any agent or representative to any City or Contract Manager official or employee with a view toward securing favorable treatment with respect to the awarding, amending, or making of any determinations with respect to this performance of this Agreement. 4.3.Termination for Cause. If either party to this Agreement shall fail to fulfill their obligations in accordance with the terms of this Agreement, or otherwise violate any of the covenants, agreements, or stipulations material to this Agreement, then the Parties shall first attempt to resolve any disputes arising from this Article 4.3 in accordance with the dispute resolution process set forth in Article 5 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.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. Agreement between the City of Fort Worth and Page 7 of26 Constance White for Conceptual Design Proposal for Marine Creek Parkway Public Art Project 4.4.Termination for Convenience. a. The services to be performed under this Agreement maybe 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 Curatorial for services actually rendered up to the effective date of termination, and Curatorial 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 Curator's receipt of payment in full of all monies due for services provided up to the effective date of termination, City shall have the right at its discretion to possession and transfer of title to the sketches, designs, and models already prepared and submitted or presented for submission to City under this Agreement prior 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 Curator,Curator shall remit to City a sum equal to all payments (if any)made to Curator pursuant to this Agreement prior to termination(see Article 6). 4.5. Incapacity of Curator. a. In the event that Curator 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 Curator or Curator's successors for all work and services performed prior to incapacity. All finished and unfinished deliverables(see Section 2.4),and any other work shall automatically become property of City. ARTICLE 5 DISPUTE RESOLUTION a. If either Curator 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 parry'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 Agreement between the City of Fort Worth and Page 8 of 26 Constance White for Conceptual Design Proposal for Marine Creek Parkway Public Art Project more than forty-five(45)calendar days following the date of request,except upon Agreement of the Parties. In the event City and Curator 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. Non-Selected Curators. a. If Curator is not selected to proceed to the next phase of the Project, then, upon payment to the Curator in accordance with the payment schedule in section 3.2 above,the Curatorial Proposal and all other work product under this Agreement shall become the property of City for a period of one (1)year from the date the City sends final payment to Curator under this Agreement. Curator shall retain copyright and other intellectual property rights in and to the Curatorial Proposal. City acknowledges Artists' contributions to Curatorial Proposal;therefore,Artists shall retain copyright and intellectual property rights to their individual works. b. In view of the intention that the Curatorial Proposal be unique, Curator shall not curate any additional exact duplicate reproductions of the Curatorial Proposal, nor shall Curator grant permission to others,including Artists,to do so except with the express written permission of City. C. City is not responsible for any third-party infringement of Curator or Artists' copyright and not responsible for protecting the intellectual property rights of Curator or Artists'. d. If, within the above-stated one-year period,the City decides to select the Curator to proceed with Curated Artists to the next phase of the Project, and Curator and Curated Artists agree to such selection,then the rights set forth in Article 6.2 for the selected curator shall supersede and govern any ownership and intellectual property rights associated with or related to this Agreement. 6.2. Selected Curator. a. If Curator is selected to proceed with Artists as Selected Project Team to the next phase of the Project,then the ownership and intellectual property rights set forth in this subsection shall apply. b. Upon payment in full to Curator or pursuant to the applicable termination provision of this Agreement, the Proposals, and all other work product under this Agreement shall become the Agreement between the City of Fort Worth and Page 9 of 26 Constance White for Conceptual Design Proposal for Marine Creek Parkway Public Art Project property of City,without restriction on future use, except as provided below. Curator shall retain copyright and other intellectual property rights in and to the Work. City acknowledges Artists' contributions to Curatorial Proposal; therefore, Artists shall retain copyright and intellectual property rights to their individual works,further outlined in 6.2.g.By execution of this Agreement, Curator grants to the City an exclusive, perpetual, royalty free, and irrevocable license to graphically depict and publicly display the Work for any non-commercial purpose whatsoever.For purposes of this limitation, any graphic depiction or display of 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. C. In view of the intention that the Work be unique, Curator shall not make any additional exact duplicate reproductions of the Work,nor shall Curator grant permission to others,including Artists, to do so except with the express written permission of City. d. Curator reserves every right available under the Federal Copyright Act to control the making and dissemination of copies or reproductions of the Work, except as those rights are limited by this Agreement. City may make and disseminate photographs, drawings, and other two-dimensional reproductions of the Work and accompanying materials for any municipal purpose. All reproductions by the City shall contain a credit to the Curator and a copyright notice substantially in the following form: "©date,Curator's name,Artists' names." e. Nothing in this Agreement shall prevent the Curator from using images of the Work for marketing and promotional purposes in connection with the Curator's business. f. City is not responsible for any third-party infringement of Curator or Artists' copyrights and not responsible for protecting the intellectual property rights of Curator or Artists. g. City intends to enter an individual agreement with each Artist included in the selected proposal, through which their individual copyright and intellectual property rights would be recognized. ARTICLE 7 WARRANTIES OF TITLE AND COPYRIGHT a. Curator represents and warrants that: i. Curatorial Proposal and the proposed artworks shall be the original product of the Curator's and Artists' creative efforts; ii. The Work is and will be unique and original,and do not infringe upon any copyright or the rights of any person; Agreement between the City of Fort Worth and Page 10 of 26 Constance White for Conceptual Design Proposal for Marine Creek Parkway Public Art Project iii. Curator has not sold, assigned, transferred, licensed, granted, encumbered, or utilized the Work or any copyright related thereto that may affect or impair the rights granted pursuant to this Agreement; iv. The Work(or duplicate thereof)have not been accepted for sale elsewhere; V. Curator 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 CURATOR AS INDEPENDENT CONTRACTOR Curator shall perform all work and services hereunder as independent contractor, and not as an officer, agent,servant or employee of City.Curator 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 Curator,their officers, agents,employees,subcontractors,and doctrine of respondent superior has no application as between City and Curator. ARTICLE 9 INDEMNIFICATION AND INSURANCE 9.1. Generallndemnity. a. CURATOR 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 THE ACTS, ERRORS, OR OMMISSIONS OF CURATOR AND/OR CURATOR'S ARTISTS, SUBCONSULTANTS AND CONTRACTORS AND THEIR RESPECTIVE OFFICERS, Agreement between the City of Tort Worth and Page I I of 26 Constance White for Conceptual Design Proposal for Marine Creek Parkway Public Art Project AGENTS, EMPLOYEES, DIRECTORS, MEMBERS, PARTNERS, AND REPRESENTATIVES IN CONNECTION WITH THE EXECUTION, PERFORMANCE, ATTEMPTED PERFORMANCE,OR NONPERFORMANCE OF THIS AGREEMENT. b. Curator 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 Curator in connection with or incidental to performance under this Agreement. C. Curator shall require all of its Artists and 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. Curator 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 Curator. 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 Curatorial Consultant without the appropriate licenses or permission being secured by Curator in advance. IT IS FURTHER AGREED THAT CURATOR 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 Curator. ARTICLE 10 EQUAL OPPORTUNITY Curator 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 Curator 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. In the event of Curator noncompliance with the nondiscrimination clauses of this Agreement, this Agreement may be canceled,terminated, or suspended in whole or in part, Curator may be debarred from further agreements with City. Agreement between the City of Fort Worth and Page 12 of26 Constance White for Conceptual Design Proposal for Marine Creek Parkway Public Art Project ARTICLE 11 MISCELLANEOUS 11.1. Compliance. Curator shall comply with all Federal,state,and local statutes,ordinances,and regulations applicable to the performance of Curatorial Consultant'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 Curatorial Consultant 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 Curator, 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. Agreement between the City of Fort Worth and Page 13 of 26 Constance White for Conceptual Design Proposal for Marine Creek Parkway Public Art Project City and Curator will exercise their best efforts to meet their respective duties and obligations as set forth in this Agreement,but will not be held liable for any delay or omission in performance due to force majeure or other causes beyond their reasonable control, including, but not limited to, compliance with any government law, ordinance, or regulation; acts of God; acts of the public enemy; fires; strikes; lockouts; natural disasters; wars; riots; epidemics or pandemics; government action or inaction; orders of government; material or labor restrictions by any governmental authority; transportation problems; restraints or prohibitions by any court, board, department, commission, or agency of the United States or of any States; civil disturbances; other national or regional emergencies; or any other similar cause not enumerated herein but which is beyond the reasonable control of the Party whose performance is affected (collectively, "Force Majeure Event"). The performance of any such obligation is suspended during the period of, and only to the extent of, such prevention or hindrance, provided the affected Party provides notice of the Force Majeure Event, and an explanation as to how it prevents or hinders the Party's performance, as soon as reasonably possible after the occurrence of the Force Majeure Event, with the reasonableness of such notice to be determined by the City in its sole discretion.The notice required by this section must be addressed and delivered in accordance with this Agreement. 11.10. Contract Construction. The Parties acknowledge that each party and, if it so chooses, its counsel, have reviewed and revised this Agreement and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party must not be employed in the interpretation of this Agreement or any amendments or exhibits hereto. 11.11. Fiscal Funding Out. If, for any reason, at any time dining 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 Curator 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. Curator agrees that City will have the right to audit the financial and business records of Curator 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 Curator shall make all Records available to the City at 200 Texas Agreement between the City of Fort Worth and Page 14 of 26 Constance White for Conceptual Design Proposal for Marine Creek Parkway Public Art Project 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. Curator 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, Curator 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 Curator), 6 (Ownership and Intellectual Property Rights), 7 (Warranties of Title and Copyright), 8 (Curator 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. 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: Agreement between the City of Fort Worth and Page 15 of26 Constance White for Conceptual Design Proposal for Marine Creek Parkway Public Art Project 1. CITY OF FORT WORTH: Fernando Costa,Assistant City Manager City Manager's Office City of Fort Worth 200 Texas Street Fort Worth,TX 76102 Copies to: Sarah Fullenwider,City Attorney City Attorney's Office 200 Texas Street Fort Worth,TX 76102 Martha Peters,Director of Public Art Arts Council of Fort Worth 1300 Gendy Street Fort Worth,TX 76107 2. CURATOR Constance White 301 S.Harwood Street#201 Dallas,Texas 75201 (Signature Page to Follow) Agreement between the City of Fort Worth and Page 16 of 26 Constance White for Conceptual Design Proposal for Marine Creek Parkway Public Art Project IN WITNESS HEREOF,the parties hereto have executed this Agreement on this day and year first written above. CITY OF FORT WORTH CU TOR Fernando Oosta Constance White Assistant City Manager CONTRACT COMPLIANCE MANAGER By signing, I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. .l, Name: Michelle Richardson Title: Public Art Project Manager APPROVE D+-A-kQ AS TO FORM AND LEGALITY: _ Jessfka Williams Assistant City Attorney 'foR '�. +STED BY: W Ronald P. Gonzales Acting City Ci Secretary �,�-• Form 1295:Not Applicable Contract Authorization: M&C:Not Applicable Agreement behveen the City of Fort Worth and Page 17 of26 Constance White for Conceptual Design Proposal for -- - - Marine Creek Parkway Public Art Project Exhibit A: Project Outline m VXWE 114T,PAW l 7 "PrR{A PMRA !ttl?Rt11CT MARK g13 -j�.jl pR MT. �" � c.rf 1� Q2o,t it U4 4R NOR'h 14LL I (1 V I 1 CR!w115�G1 pIu74F(7+frA,-t'r, '1 / Cdtl Ltn.A:R A SOUAL URu�1LL I i 51 A 11011:6B i 06.46 1 OFFSF T:65."'RT / Jf F:730.234.9904 PRN ROY/� II \ F%RAW i'RC{'ROW / F noa239.99a. FI FVA7I0t1.73z D3 c. . MAR;NE CREEK HARKWAY -- - ---• --_.;:_ �,�{.,..1 PReP Raw L— � 1 tffi_-bra 67}f D]- ltR�J / 'C' 0 lot, 7I-CO ]r '{Jn _J]t m 141 CW / tno 1Er?n 'l 77 LQn 791fx1 ) IUO _6n 1Do- 94t•!}(7��fi iMl`Z' 1Do —1 OF Pro CSNi 1 I m CC4 ROL PC.NT#81 G it I a o /6 CiRs Fx Ro I1S ; w aecw Row a I I ra lax �y� v:77-26.52 [x Raw I I,a ! sIA110clrsLJa7.9a' RrT7 �`Cr CONTROL POkT{82 ) N:fi90410J 7779 1 I ! C� tV5 F1rAhuAC v,!NG I{S Y 5/tl"Cuts J L:2109215.3555 J i S.O.f-.Hc.0107-566A9 I I F- I i � S1A l;ON:73�OS.Gfi httYA l.iNw 753.b7 PRO.Ritb 7 4 J7 4aNWORN ROAD 1 ;I OFFSFT:6`_,_6,Rr 1 lit N:5993691.13201 VXZGAbX rout?aworms,uU I+ .I Z IK 1:2309230.5726 ''O.0 No.P3AL.i^If7 ) a •� m EL•-VALON:743.05 AR.T N.i 1 C�C 3 `-� i`Yr OVAttG OAKfMf.,_. 'tOAn As part of the 2008 Bond Program,the City of Fort Worth made improvements along Old Decatur Road at the border of District 2 and District 7.This area was identified as an impactful place for public art in the Fort Worth Public Art Plan for the 2008 Bond Program. However,after the improvements were made, Old Decatur Road was annexed to the City of Saginaw, The City Manager's Office has approved moving the public art projects to two new roundabouts at Marine Creek Road at the intersections of Longhorn road and Cromwell-Marine Creek Road due to their proximity to the original site. Since this project will utilize"Legacy Funds", Public art staff recommends a new streamlined approach to artist selection as outlined below. PUBLIC ART SITE AND APPROACH This public art project provides an opportunity for one curator and two artists he/she selects to create a unique, artistic experience along Marine Creek Parkway at two roundabouts,each approximately 82' in diameter,which are separated by a mere 0.3 miles.The curator will act as a project consultant in addressing the site by selecting two artists to each create a new work that will be in visual dialogue with each other.The artworks shall be properly integrated into the site and considerate of their location. The Marine Creek Parkway Project Core Team discussed artwork for the streetscape that is welcoming and tie the two roundabouts together in an interesting way.The Team suggests work that is readable and engaging to viewers whether on foot or traveling by car without becoming a safety hazard. Located near Marine Creek, community members commented on the wildlife and various nature areas near the corridor that could be a source of inspiration.With the area still considered an "emerging" part of Fort Worth,the Team agreed the artwork could serve to give a sense of identity to this newer part of the city. PUBLIC ART BUDGET Approximately$632,360.00 was included in the Public Art Plan for the 2008 Bond Program approved by City Council on October 26,2010(M&C G-17094),for the[renamed] Marine Creek Parkway Public Art Project budget including contingencies and project management costs.This project is included in the Fort Worth Public Art Fiscal Year 2021 Annual Work Plan,adopted by City Council on September 22,2020(M&C 20-0678). ELIGIBILITY An Open Call to Texas-based Curators will be publicized (see pages 4-5 of this document). Public Art staff,along with an appointed member of the Fort Worth Art Commission,will review submissions received from the Fort Worth Public Art Texas Curator Open Call 2021 by the Marine Creek Parkway deadline and select pool of up to 6-8 curators for consideration by the Curator Selection Panel.Curators will be contacted to confirm their interest for the Marine Creek Parkway Public Art Project prior to presentation to the Curator Selection Panel. Agreement between the City of Fort Worth and Page 18 of 26 Constance White for Conceptual Design Proposal for Marine Creek Parkway Public Art Project SELECTION PROCESS CURATOR SELECTION Voting members of the Selection Panel will review the pool of curators and select three finalists and one alternate based on their qualifications and fit for the project.This selection will take place virtually,with each voting member individually reviewing all materials before ranking via email. The selected curators will be placed under a Proposal Agreement and will be offered an honorarium$3,000,with$1,000 equally divided between the curator and the two artists they select. FINALIST ORIENTATION The finalists shall participate in an orientation for the project, including a site visit. This orientation will take place virtually due to COVID-19. A second orientation may be held to share additional site information once the curator- finalists have selected their artists. SELECTION PANEL MEETING The Selection Panel shall hear curatorial proposal presentations by each finalist which shall include conceptual artwork renderings by their selected artists,along with a written narrative description and estimated budget.The Panel may then ask questions pertinent to the project and/or about their professional experience.The Panel will then recommend one curatorial proposal and one alternate proposal for the project. Upon the Fort Worth Art Commission's approval,a Design contract will be executed with the curator and selected artists. MEETING FACILITATOR: Michelle Richardson, Public Art Project Manager,Arts Council of Fort Worth SELECTION PANEL(Voting) 1. Council Member, District 2 2. Ryan Smith, Elected Project Core Team Member 3. Randle Harwood, Fort Worth Art Commissioner 4. Jessica Fuentes,Artist/Educator 5. Andrea Tosten,Artist/Arts Professional ADVISORS(Non-voting) 1. District 2 Director 2. Lissette Acevedo,Transportation/Public Works,City of Fort Worth 3. Other Project Core Team Members 4. Others as may be appropriate TIMELINE(Subject to change) Project Outline Approved April 19,2021 Project Core Team Orientation May 2021 Selection Panel Meeting#1 June 2021 Finalist Orientation June/July 2021 Selection Panel Meeting#2(Proposal Presentations) Late August/Early September 2021 FWAC approval September 20, 2021 Agreement between the City of Fort Worth and Page 19 of26 Constance White for Conceptual Design Proposal for Marine Creek Parkway Public Art Project Exhibit B: Site xs7 rfa„no-.,Ro RI l 1 y N W9�iry Wuna0 R3 -NtANI?rJ(WstiHl Rd [P1N� West Fork Ranch by Pull(?Homes I , SU IA Ivr 6 R FI E L D ?(ISSIL PARK t7d1� ' Saginaw Blue Mound The Goil Club 1:—. ,Afj—awkRI3 Fossil Greek [� Inter3tatc G "Ne q, I Tarrant 4 - County College- Norlhwest:.. "Fort Worth Melody Hills Meacham Int'I Airport 4 VF— YIELD TO TRAFFIC ubr. R dypr,]IUi.�uT•.,,', FRON LEFF r_ Marine Creek Parkway at Longhorn Road Agreement between the City of Fort Worth and Page 20 of 26 Constance White for Conceptual Design Proposal for Marine Creek Parkway Public Art Project n - c. t - .. - Marine Creek Parkway at Cromwell-Marine Creek Road Agreement between the City of Fort Worth and Page 21 of 26 Constance White for Conceptual Design Proposal for Marine Creek Parkway Public Art Project EXHIBIT C: Budget Worksheet DEVELOPPROJECT BUDGET ARTIST PROJECT BUDGET ARTIST PROJECT DEVELOPMENT 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) SUB-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 Agreement between the City of Fort Worth and Page 22 of26 Constance White for Conceptual Design Proposal for Marine Creek Parkway Public Art Project Exhibit D: Insurance Requirements PUBLIC ART PROJECTS- INSURANCE REQUIREMENTS Curator and Artists shall meet all the following insurance requirements for this Project. If Curator and/or Artist subcontracts fabrication,transportation, and/or installation of the Work,then Curator or Artist shall also require their 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. Agreement between the City of Fort Worth and Page 23 of 26 Constance White for Conceptual Design Proposal for Marine Creek Parkway Public Art Project Curator and Artists are 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 between the City of Fort Worth and Page 24 of 26 Constance White for Conceptual Design Proposal for Marine Creek Parkway Public Art Project EXHIBIT E: Affidavit AFFIDAVIT OF BILLS PAID Date: Affiant: Purchaser: Property: Affiant on oath swears that the following statement is true: Affiant has paid each of Affiant's contractors, laborers, and materialmen in full for all labor and materials provided to Affiant for the construction of any and all improvements on the property. Affiant is not indebted to any person, firm, or corporation by reason of any such construction. There are no claims pending for personal injury and/or property damages. Affiant: SUBSCRIBED AND SWORN TO before me, the undersigned authority, on this the Day of , 20 . Notary Public, State of Texas Print Name Commission Expires Agreement between the City of Fort Worth and Page 25 of 26 Constance White for Conceptual Design Proposal for Marine Creek Parkway Public Art Project Exhibit F: Tax Exemption Form ��'ay:01•D?SIlrtr �7k.a axe, Texas Sales and Use Tax Exemption Certification vns ccrl>,{ica,'v cis ns vtet rurp:.,-v a!u;r linrto ba vavd, Clty of Fowl Worlhi Taxes A4.hO4 54VO KU i"is 40Ati I'Ll-w., - _...._ .- Va:•N E,n A, xw n1ihaH 200 Texas Skvet -- w4,dY1�,Lr' F O Worth,TOWAS 76102 i I,Meg P.Ircliaser named eboye,clakn oft e-xernpliell rtam payynmv oft;Eir�s artyl tree laws(fcv the purcha!e of tax:il:ae -witm tlarw ihewd bekrwr er ail H*alleehed otde^sr irvmice)(runt t All kQ dc�s _ ,?rk r WVIv re _ Car, ,ZIP coda:—.- Ur-sc•plkn nt il±ms tD be purc4wrd or on ihf allat_lted w.dw ur imuka: Al heirs.Pvrchasel zsc lj t#ladpes that this Cert cafe cannel be used for the purchase,lame ar rerdal of o InNor ,fir cle. 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Agreement between the City of Fort Worth and Page 26 of 26 Constance White for Conceptual Design Proposal for Marine Creek Parkway Public Art Project