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Contract 56709
CITY SECRETARY ^,17RACT NO. zr n�O9 *0/1�c AGREEMENT BETWEEN %y !- THE CITY OF FORT WORTH AND SOCIAL SPACE, LLC FOR MINARY DESIGN OF PUBLIC ART FOR NORTHWEST COMMUNITY CENT R '5V ihis Agreement is entered into this l gfih day of QVMb1J' , 2021, by and between th 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 (the "City"), and Social Space, LLC, a New York limited liability company located at 41 East Main Street, Canton, New York, 13617 (the "Artist"). City has designated the Arts Council of Fort Worth and Tarrant County, Inc., (the "Contract Manage ") 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 Co e of Ordinances, the Fort Worth Public Art Program's goals are to create an enhanced visual environme t for Fort Worth residents, to commemorate the City's rich cultural and ethnic diversity, to integrate the d ign work of Artists into the development of the City's capital infrastructure improvements, and to pro ote tourism and economic vitality in the City through the Artistic design of public spaces; and WHEREAS, the Public Art Plan for the 2018 Bond Program, adopted by City Council on October 16, 2018 (M&C G-19401), set aside $211,534.00 in 2% public art funds from Proposition B to the Northwest Community Center. The Project was 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); and WHEREAS, the Northwest Community Center Project Core Team articulated an approach f r an artwork that invites exploration and interaction; that could draw upon the natural environment for its color palette, and is peaceful,calming and evokes feelings of the pastureland that used to be prevalent in the,Lrea. The artwork could be integrated into the facility and/or the site and might be visible from outside. These suggestions were included in the Project Outline as depicted in the attached Exhibit "A" which was approved by the FWAC on May 11, 2020; WHEREAS, the Contract Manager conducted an Artist Selection Process based on qualifications, in accordance with the Project Outline and the guidelines in the Fort Worth Public. Art Master Plan Update, adopted by City Council on October 17, 2017 (M&C G-19140); and, on February 22, 2021 the Fort Worth Art Commission ("FWAC") approved the Selection Panel's recommendation of Artist fox the project; WHEREAS, City and Artist wish to set out the terms and conditions under which the Work E hall 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: CITY Agreement with Matthew Mazzorta for Preliminary Design of Public Artwork for Northwest Community Center FT t111M.. i ARTICLE 1 DEFINITIONS As used in this Agreement, the following terms shall have the meanings as set forth below: L L Agreement—Means this agreement between the City and Artist for Preliminary Desi of Public Art for the Site. 1.2. Artist—Means Social Space, LLC, a New York limited liability company. 1.3. Artwork Design—Means the Preliminary Design of the Work, which is defined in 1.4. below. 1.4 Preliminary Design — Means all developed preliminary drawings, sketches, prototipes, 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. 1.5. City—Means the City of Fort Worth. 1.6. Contract Manager — Means the Arts Council of Fort Worth and Tarrant County, Inc., and/or its officers, directors, and employees. 1.7. Effective Date—Means the date represented in the first paragraph of this Agreement, which shall be the official date of execution of this Agreement. 1.8. Parties —Means the City and the Artist. 1.9. Preliminary Design Deliverables—Means those items set forth in Article 2.3 of this Agreement that Artist is required to submit to City for review and approval. 1.10. Project—Means the capital improvement/public art development undertaking of City for which Artist's services are to be provided pursuant to this Agreement. 1.11. Project Consultant—Means Brinkley, Sargent and Wiginton Architects. 1.12. Project Core Team—Means the group of community members, generally 5-7 people,who are invited by the City Council Member to provide input on the project for its duration in accordance with the Fort Worth Public Art Master Plan Update. 1.13. Project Stakeholders —Means the appropriate City Council Member(s), the Project Core Team and the F WAC's appointed representative and others as may be appropriate. 1.14. Site—Means the Northwest Community Center, planned for the southeast corner of Northwest Community Park, 8575 Blue Mound Road, 76131, Council District 7, located southwest of 1he Bureau of Engraving and Printing, as depicted in the attached Exhibit"B." 1.15 Videoconference — Means Zoom, WebEx, or other virtual teleconference meeting platforms. 1.16. Work — Means the finished object(s) of art and design that are the subject of this Agreement, or any intermediary stage of completion of such work. Agreement with Matthew Mazzotta for Preliminary Design of Public Artwork for Northwest Community Center ARTICLE 2 SCOPE OF SERVICES 2.1. General. a) Artist shall perform all services and furnish all supplies and materials as necessary for developing the Preliminary Design of the Work. Services shall be performed in a professional manner aid in strict compliance with all terms and conditions in this Agreement. b) Artist shall determine the artistic expression, scope, design, color, size, material, texture and location of the Work, subject to approval by City as set forth in this Agreement. City may re uest changes to the Preliminary Design from time to time under this Agreement, and Artist will ad' ess City's requests. c) Prior to commencing the Preliminary Design, Artist shall meet with and seek input from Pr ject Stakeholders. d) Artist shall coordinate with the City's Project Consultant and with Park&Recreation Department ("PARD") staff on a potential location(s) for the Work and shall investigate the feasibilily of incorporating the Work into the fabric of Northwest Community Center building attached here o as Exhibit "C". The specific location(s) at the Site where the Work will be installed shall be mu tally 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 meet and coordinate with Contract Manager, City's Project Consultant, City staff, and others, as necessary, to explore the feasibility of integrating the Work into the Site in terms of structural support or other infrastructure needs for the Work. g) Artist shall develop the Preliminary Design within the implementation budget set forth in Article 2.3. 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 for the FWAC's approval at a regularly scheduled FWAC meeting. The Preliminary Design shall subsequently be shared vith City boards or commissions, as appropriate. i) Artist shall be available for a meeting with Project Stakeholders and a separate presentation tc the Fort Worth Art Commission as indicated above, in the form of either a maximum of two (2) physical trips to Fort Worth or, pending COVID-19 developments, via Videoconfere ce. Additional trips may be required which would be negotiated and agreed upon in writing by City and Artist. Agreement with Matthew Mazzotta for Preliminary Design of Public Artwork for Northwest Community Center r j) Artist shall allow video recording and photography of their participation during activities related to this Project such as presentations and meetings. k) In order to maintain the integrity of the City of Fort Worth's public art process, for the duration of the Agreement, if Artist intends to seek his/her own publicity for the Work, including publication of the artwork design on Artist's website or social media, such efforts will occur after Prelinlinary Design has been approved by the FWAC. Any potential publicity being sought for the Work, including press/media release(s), must be approved, in advance, by Contract Manager, and shall credit the City of Fort Worth substantially in the following form, "an original artwork commissioned by and in the public art collection of the City of Fort Worth, Texas."A social media plan must be approved, in advance, by Contract Manager, and shall include the ha htag #fwpublicart. 2.2. City Assistance. (a) Upon request by Artist, City shall promptly furnish all information and materials required by tirtist to the extent that such materials are available. City, upon request by Artist, shall also provide ccrrect scaled drawings of the Site, if available. 2.3. Preliminary Design Deliverables. (a) Within three (3) months after the Effective Date, Artist shall provide Preliminary D ign Deliverables to City for approval. Preliminary Design Deliverables shall consist of the follow' 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 var tage points with at least one illustration showing the Work's size and placement in relation t the Site; ii. A narrative description of the Artist's concept,proposed materials, fabrication, and install tion methods, timeline for completion and maintenance, and anticipated annual mainten nce requirements; iii. A Preliminary budget estimate, on the budget form attached hereto as Exhibit "C," for inal Design and Implementation of the Work in an amount up to $155,511.00 which include all costs for materials, engineering, labor, fabrication, delivery, installation, insurance ( ity requirements attached hereto as Exhibit "F"), travel costs, transportation, remaining Artist's fee of$20,542.00, a contingency of$17,557.00,and all other associated costs for the Wort. v. Artist shall provide the Preliminary Design presentation materials in PowerPoint format tc the Contract Manager to become part of the City of Fort Worth Public Art archive owned by C ity. All documents, models, and/or drawings will be retained for archival and exhibition purposes. Agreement with Matthew Mazzotta for Preliminary Design of Public Artwork for Northwest Community Center 5 (b) Preliminary Design Deliverables shall be submitted to the Contract Manager no less than two (2) weeks prior to the scheduled Preliminary Design presentation for staff review. 2.4. Preliminary Design Review. (a) Upon completion of the Preliminary Design Deliverables, Artist shall present the Preliminary Des to the FWAC, Project Core Team, Project Stakeholders, and other community members for revie and approval at a regularly scheduled FWAC meeting. (b) City shall notify Artist of its approval, or disapproval, of the Preliminary Design within thirty (30) calendar days of Artist's presentation to the FWAC, Project Core Team, Project Stakeholders and other community members. (c) If City requires any revisions to the Preliminary Design, then City shall inform Artist of each revision. City may require Artist to make such revisions to the Preliminary Design as City deems necessary in its sole discretion and/or for the Work to comply with applicable statutes, ordinances, or regulations of any governmental regulatory agency having jurisdiction over the Site for reasons of safety and secL rity. (d) Artist shall have sixty (60) calendar days from the date City informed Artist of the revision(;) to present the Preliminary Design in conformance with City's requirements. (c) If the City disapproves of the resubmitted Preliminary Design, any further Preliminary D sign resubmissions will be by mutual agreement of the Parties and subject to the procedures and terms in this Article. If the Parties desire not to continue with the resubmission process, then this Agreement will automatically terminate, with payment to the Artist per the payment schedule in Article 3 up through the date of termination. (See Article 4.4.d) In such event, the Artist will be compensated for any services performed and expenses incurred but not yet paid under the Payment Schedule. (f) Upon City approval of the Preliminary Design, any revisions made by Artist to a City-approved Preliminary Design shall become part of the Preliminary Design. Artist shall incorporate anyCity- approved revisions into the final design in conformance with City's requirements. Any revisions shall become part of any final design deliverables if the Artist proceeds to the final design phase. (g) Upon the expiration of the Term (hereinafter defined) of this Agreement, if the Preliminary Desi is accepted by City,negotiations for final design of the Work shall commence, which shall become pa of the deliverable under any potential artwork commission contract. ARTICLE 3 COMPENSATION AND PAYMENT SCHEDULE 3.1. Compensation. Total compensation to Artist under the Agreement shall be in an amount not to exceed TWEINTY THOUSAND SIXTY-ONE DOLLARS AND NO CENTS ($20,061.00), which shall constitute full compensation for any and all costs associated with the Agreement, including an engineering and consulting Agreement with Matthew Mazzotta for Preliminary Design of Public Artwork for Northwest Community Center fee allowance of up to $7000.00, an Artist's fee of $11,061.00, a travel allowance in an amount: 1p to $2,000.00, and services performed and materials furnished by Artist under this Agreement. Artist and City may amend this Agreement to allow for additional payment if additional services are required. Any changes requested by the City shall not require City to pay Artist any additional compensation under this Agreement. 3.2. Payment Schedule (a) City agrees to pay Artist in the following installments set forth below, each installment to represer t full and final,non-refundable payment for all services and materials provided prior to the due date ther of: i. TWO THOUSAND DOLLARS AND NO CENTS ($2,000.00) upon execution o this Agreement. ii. TWO THOUSAND DOLLARS AND NO CENTS ($2,000.00) within thirty (30) cal ndar days after Artist either travels to Fort Worth and meets with the Project Core Team and. ther community members or meets with them via Videoconference to gather input on the projec . iii. TWO THOUSAND DOLLARS AND NO CENTS ($2,000.00) within thirty (30) cal ndar days after Artist submits all of the Preliminary Design Deliverables required under Articl 2.3 of this Agreement. iv. TWO THOUSAND DOLLARS AND NO CENTS ($2,000.00) within thirty (30) cal dar days after Artist makes a presentation of the Preliminary Design to the FWAC, the Pr ject Core Team and other community members pursuant to Article 2.4(a). v. THREE THOUSAND SIXTY-ONE DOLLARS AND NO CENTS ($3,061.00) w thin thirty(30)calendar days after City's approval of the Preliminary Design. vi. City will provide an allowance of up to SEVEN THOUSAND DOLLARS AND NO CF, TS ($7,000.00) for third-party engineering and consulting services. Such payment shall be ade upon receipt of an invoice from Artist with the original invoice(a retainer fee of up to 50 o is allowed) for such services attached. vii. City will provide a travel allowance of $1000.00 per trip for a total amount up to T O THOUSAND DOLLARS AND NO CENTS ($2,000.00) for up to two (2) trips by Artist at $1,000.00 each trip, or one(1)trip by Artist team at$2,000.00, provided that Project Manager has approved travel in advance and in-person Project Core Team and/or in-person Fort VV rth Art Commission meetings are taking place. If Artist chooses not to travel to Fort W' rth, Texas, due to COVID-19 safety concerns, Artist shall participate in meetings and i ke presentations as indicated above via Videoconference and shall receive no travel compensat on. Agreement with Matthew Mazzotta for Preliminary Design of Public Artwork for Northwest Community Center f � This stipend is provided in accordance with GSA Per Diem Guidelines and shall cover all travel expenses. 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 "D,"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, equipment, Artist's overhead expenses, mailing/shipping charges and insurance on submissions to City, cost of all travel, and costs for ist's agents, consultants, and/or employees necessary for the proper performance of the services required under this Agreement. ARTICLE 4 TERM AND TERMINATION 4.1. Term This Agreement shall be in effect from the Effective Date, and, unless terminated earlier pursuant to such provisions in this Agreement, shall extend until final payment to Artist by City. 4.2. Gratuities. City may cancel this Agreement if it is found that gratuities in the form of entertainment,gifts, or otherwise were offered or given by Artist or any agent or representative to any City or Contract Manager official or employee with a view toward securing favorable treatment with respect to the awarding, amending, or making of any determinations with respect to this performance of this Agreement. 4.3. Termination for Cause. If either party to this Agreement shall fail to fulfill their obligations in accordance with the terms of this Agreement, or otherwise violate any of the covenants, agreements, or stipulations material to this Agreement, then the Parties shall first attempt to resolve any disputes arising from this Article 4. in accordance with the dispute resolution process set forth in Article 5. If the Parties cannot resolve the dispute(s), then the disputing party shall thereupon have the right to terminate this Agreement upon the delivery of a written "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. Agreement with Matthew Mazzotta for Preliminary Design of Public Artwork for Northwest Community Center (b) If termination is for the convenience of City, City shall pay Artist pursuant to the payment provisi n in Article 3, and Artist shall continue to provide the City with services requested by City and in accordance with this Agreement up to the effective date of termination. Upon payment in full f all monies due for services provided up to the effective date of termination, City shall have the right, 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 N ork shall pass to City. In such event, Artist will be compensated for any services performed and expenses incurred but not yet paid under the Payment Schedule. (c) If termination is for the convenience of Artist, City shall have the right, in its sole discretion, to pay Artist pursuant to the payment provision in Article 3 or require the Artist to remit to City a sum cqual to all payments (if any) made to the Artist pursuant to this Agreement prior to the effective date of termination. If City chooses to pay Artist, then all work product produced by Artist under this Agreement, including, but not limited to, finished and unfinished drawings, sketches, photogr phs, models, and designs, up to the effective date of termination shall become property of City. If termination is for the convenience of Artist and if such termination occurs after Artist's submittal of Preliminary Design Deliverables required under Article 2.3 of this Agreement, City shall, in addition to the other rights provided in this Article,have the right to complete the Work, if feasible. (d) If termination is by mutual agreement of the Parties as set forth in Article 2.4, then City shall pay Artist per the payment schedule in Article 3 up through the date of termination. City shall have the right to possession and transfer of all work product produced by Artist under this Agreement, including, but not limited to, finished and unfinished drawings, sketches, photographs, models, and designs, up to the effective date of termination. In such event, Artist will be compensated for any services performed and expenses incurred but not yet paid under the Payment Schedule. 4.5. Incapacity of Artist. (a) In the event of Artist's death or Artist becoming physically or legally incapacitated during the terin 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 prokluct produced by Artist, including, but not limited to, finished and unfinished drawings, sket hes, photographs,models, and designs,up to the effective date of termination shall become property of Gity. (b) Should Artist's Preliminary Design have been approved, in the event of termination under this Ar icle 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. Agreement with Matthew Mazzotta for Preliminary Design of Public Artwork for Northwest Community Center ARTICLE 5 DISPUTE RESOLUTION (a) If either Artist or City has a claim, dispute, or other matter in question for breach of duty, obligations, services rendered or any warranty that arises under this Agreement, the Parties shall first attempt to resolve these issues through this dispute resolution process. The disputing party shall notify the other party in writing as soon as practicable after discovering the claim, dispute, or breach. The notice hall state the nature of the dispute and list the party's specific reasons for such dispute. Within ten (10) business days of receipt of the notice, both parties shall make a good faith effort, either through email, mail, phone conference, in person meetings, or other reasonable means to resolve any claim, dispute, breach, or other matter in question that may arise out of or in connection with this Agreement. (b) If the Parties fail to resolve the dispute within sixty (60) calendar days of the date of receipt o the notice of the dispute, then the Parties shall submit the matter to mediation in accordance with Chapter 154 of the Texas Civil Practice and Remedies Code and Chapter 2009 of the Texas Government ode, then in effect. Request for mediation shall be in writing, and shall request that the mediation court nce 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 deemM to have occurred. The Parties shall share the mediator's fee and any filing fees equally. Venue forl 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 jurisdic ion. 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 r arty 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 Agrees.y ent, the Preliminary Design, Work, and all other work product under this Agreement shall become the physical property of City, without restriction on future use, except as provided below. The Artist hall retain copyright and other intellectual property rights in and to the Preliminary Design and/or NVDrk. By execution of this Agreement, Artist grants to the City an exclusive, perpetual, royalty free, and irrevocable license to graphically depict and publicly display the Preliminary Design and/or Work for Agreement with Matthew Mazzotta for Preliminary Design of Public Artwork for Northwest Community Center any non-commercial purpose whatsoever, except that the Work cannot be reproduced in any ee- dimensional form without permission from Artist. For purposes of this limitation, any graphic dep' tion or display of the Preliminary Design and/or Work intended to promote or benefit City, its public services or its public purposes, regardless of whether or not a fee is charged to the public, or whether revenue is otherwise received by City, shall be deemed a non-commercial purpose. (b) In view of the intention that the Preliminary Design and the Work be unique, Artist shall not mak any additional exact duplicate reproductions of the Preliminary Design or the Work, nor shall Artist ant 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 Preliminary Design and/or Work (including all 'work product under this Agreement), except as those rights are limited by this Agreement. City may inake and disseminate photographs, drawings, and other two-dimensional reproductions of the Preliminary Design and/or Work and accompanying materials for any municipal purpose. All reproductions by the City shall contain a credit to the Artist and a copyright notice substantially in the following form: "© date,Matthew Mazzotta." (d) Nothing in this Agreement shall prevent the Artist from using images of the Preliminary Design and/or Work (including all work product under this Agreement) for marketing and promotional purposes in connection with the Artist's business. (e) City is not responsible for any third-party infringement of Artist's copyright and not responsible for protecting the intellectual property rights of Artist. (f)Artist is not responsible for third-party infringement of the City's licensed use of the Preliminary Design and Work. 6.2. Artist's Address. Artist shall notify City of changes in Artist's address as set forth in Article 12. The failure to do so, if' uch failure prevents City from locating Artist, shall be deemed a waiver by Artist of the right subsequent 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. Preliminary Design and/or Work shall be the original product of the Artist's sole creative efforts. Agreement with Matthew Mazzotta for Preliminary Design of Public Artwork for Northwest Community Center It. Preliminary Design and/or Work is and will be unique and original, and, does not infringe upon any copyright or the rights of any person; in. Artist has not sold, assigned, transferred, licensed, granted, encumbered, or utilized the Preliminary Design and/or Work or any copyright related thereto that may affect or impair the rights granted pursuant to this Agreement; iv. Preliminary Design and/or Work (or duplicate thereof) have not been accepted for sale elsewhere; v. Artist has the full power to enter into and perform this Agreement and to make the grant of rights contained in this Agreement; and vi. All services performed hereunder shall be performed in accordance with all applicable 1 ws, 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. Not ing 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 AGAINSTANY AND ALL CLAIMS, LAWSUITS, JUDGMENTS, ACTIONS, CAUSES OF ACTION,LIENS, LOSSES, EXPENSES, COSTS, FEES (INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEY'S FEES AND COSTS OF DEFENSE), PROCEEDIN S, DEMANDS, DAMAGES, LIABILITIES, AND/OR SUITS OF ANY KIND OR NATURE, INCLUDING, BUT NOT LIMITED TO, THOSE FOR PROPERTY LOSS (INCLUDIlqG, BUT NOT LIMITED TO, WORKERS' COMPENSATION ACT LIABILITY, L ST 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 Agreement with Matthew Mazzotta for Preliminary Design of Public Artwork for Northwest Community Center CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR RESULTING FROM ANY ACTS, ERRORS, OR OMMISSIONS OF ARTIST AND/OR ARTI T'S SUBARTISTS AND CONTRACTORS AND THEIR RESPECTIVE OFFICERS, AGEPiTS, EMPLOYEES, DIRECTORS, MEMBERS, PARTNERS, AND REPRESENTATIVES IN CONNECTION WITH THE EXECUTION, PERFORMANCE, ATTEMPTED PERFORMANCE, OR NONPERFORMANCE OF THIS AGREEMENT. (b) Artist agrees to and shall release City from any and all liability for injury, death, damage, or to s 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 indemniy 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 fna Lcial 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, D HOLD HARMLESS CITY FROM AND AGAINST ANY AND ALL CLAIMS, LOS ES, DAMAGES, ACTIONS, OR EXPENSES OF EVERY TYPE AND DESCRIPTION, INCLUDING, BUT NOT LIMITED TO, ATTORNEY'S FEES, TO WHICH THEY MAY BE SUBJEC ED 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., 3ex, 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 wild all applicable laws and regulations in any employment decisions. Agreement with Matthew Mazzotta for Preliminary Design of Public Artwork for Northwest Community Center (b) In the event of Artist noncompliance with the nondiscrimination clauses of this Agreement, this Agreement may be canceled, terminated, or suspended in whole or in part, and Artist may be debarred from further agreements with City. ARTICLE 11 MISCELLANEOUS 11.1. Compliance. Artist shall comply with all Federal, state, and local statutes, ordinances, and regulations applicable t 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 a e no other agreements and understandings, oral or written, with reference to the subject matter hereof tha 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 eff tive 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 subs uent 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 Uilited States District Court for the Northern District of Texas —Fort Worth Division. This Agreement sha 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 o 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 cther person or entity. Agreement with Matthew Mazzotta for Preliminary Design of Public Artwork for Northwest Community Center 11.8. Severability. If any provision of this Agreement shall be held to be invalid, illegal, or unenforceable, the va 'dity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired. 11.9. Force Maieure. 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; pandemic; epidemic; or any other circumst nces which are reasonably beyond the control of the party obligated or permitted under the terms o 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 performin jr the same during such period of delay, so that the time period applicable to such design or constru tion 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 faits 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 Cily to Artist of written notice of City's intention to terminate or (ii) the last date for which funding has ')een appropriated by the Fort Worth City Council for the purposes set forth in this Agreement. 11.12. Cations. Captions and headings used in this Agreement are for reference purposes only and shall not be deermd 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)y ars 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 T xas Street, Fort Worth, Texas or at another location in the City acceptable to both parties following reaso: ble advance notice by the City and shall otherwise cooperate fully with the City during any audit. Artist shall Agreement with Matthew Mazzotta for Preliminary Design of Public Artwork for Northwest Community Center require all of its subcontractors to include in their subcontracts a right to audit in favor of City in substantially the same form as described in this Article 11.13. 11.14. Certified MWBE. If applicable, Artist is encouraged to make its best effort to become a certified Minority Business Enterprise (MBE) or Woman Business Enterprise(WBE) firm with a certifying agency whose certification is accepted by the City under the City's Business Diversity Enterprise Ordinance. 11.15. Survival Provision. The provisions contained in Articles 4.5 (Incapacity of Artist), 6 (Ownership and Intellectual Property Rights), 7 (Warranties of Title and Copyright), 8 (Artist as an Independent Contractor), 9 (Indemnification), and 11.13 (Right to Audit) shall survive the termination or expiration of this Agreem nt. 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 facsimil 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 Agree ent. 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 Art st'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 g ven under this Agreement shall be in writing and shall be deemed to have been duly given upon the deliver,y or receipt thereof, as the case may be, if delivered personally or sent by registered or certified mail, return receipt requested,postage prepaid,as follows: 1. CITY OF FORT WORTH: Assistant City Manager Agreement with Matthew Mazzotta for Preliminary Design of Public Artwork for Northwest Community Center City Manager's Office City of Fort Worth,Fort Worth City Hall 200 Texas Street Fort Worth, TX 76102-6314 Copies to: City Attorney Office of the City Attorney City of Fort Worth, Fort Worth City Hall 200 Texas Street Fort Worth, TX 76102-6314 Martha Peters, Director of Public Art Arts Council of Fort Worth 1300 Gendy Street Fort Worth, TX 76107 2. ARTIST Matthew Mazzotta Social Space, LLC. 41 East Main Street Canton,NY 13617 (Signature Page to Follow) Agreement with Matthew Mazzotta for Preliminary Design of Public Artwork for Northwest Community Center IN WITNESS HEREOF,the Parties hereto have executed this Agreement to be effective as of the Eff tive Date. CITY OF FORT WORTH ARTIST: Social Space LLC Fernando Costa By: Matthew Mazzotta Assistant City Manager 11/16/2021 Date: Date: 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. Na e Allen Title: Public Art Project Manager APPROVED AS TO FORM AND LEGALITY: By: A uV Jess' a . Williams , Assi t t City Attorney rS .�•e ��.� q f� '1r�:•• .... • I' 1D ATTEST: f . , y , ' '•f��{{{{`� Ronald Gonzales Acting City Secretary Form 1295: Not Applicable '' Contract Authorization: No M&C required. Ordinance No. 24161-04-2020 Agreement with Matthew Mazzotta for Preliminary Design of Public Artwork for Northwest Community Center �� /K Exhibit A: Project Outline CITY OF FORT WORTH ART COMM SS ON Page 1 of 4 MEETING DATE: MAY 11,2020 AGENDA ITEM: Vl.e PROJECT NAME. NORTHWEST COMMUNITY CENTER PROJECT OUTLINE ACTION: Approve Project Outline for the Northwest Community Center(currently planned for the SE comer of Northwest Community Park),9575 Blue Mound Rd,Fort Worth,TX 76137(Council District 7) (PLEASE SEE ATTAafMEN77 Project Manager.Anne Allen Email: aallen0fwnuhheart.orr Phone:817.298.3028 Agreement with Matthew Mazzotta for Preliminary Design of Public Artwork for Northwest Community Center Northwest Community Center Public Art Project Outline 11E rw L 9 9 f rar vr►�r t •�4 The City of Fort Worth is undertaking the design and construction of a new community center in far north Fort Worth with a gymnasium and fully-equ4ped fitness area,with a goal of leveraging City funds through partnerships with other organizations,agencies,municipalities or school districts and creating expanded recreational opportunities,partnership initiatives and improved accessibility. Amenities may also include a teaching kitchen,indoor rock climbing,an exterior shaded seating area and splash pad.Funded by the 2018 Bond Program and located in Council District I,the Northwest Community Center is currently in the planning phase,with completion scheduled for October of 2022. PUBLIC ART BUDGET The Public Art Plan fhr the 2018 Bond Program designated 5211,534.00(including project management costs)for the Northwest 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). PUBLIC ART SITE AND APPROACH The Northwest Community Center location is planned for the southeast corner of Northwest Community Park,8575 Blue Mound Road,southwest of the Bureau of Engraving and Printing.The community center will serve this greater northwest region of fort Worth and the residential neighborhoods that surround the park,which was previously a parcel of privately-owned land containing a small lake. At their meeting on February 26,2020,the Project Core Team discussed their interest in artwork that invited exploration and interaction,which could include playing and climbing or other form of engagement and may be light or technology based.There was a suggestion that the artwork could Agreement with Matthew Mazzotta for Preliminary Design of Public Artwork for Northwest Community Center � r include a water feature,as water is calming.They mentioned the work might draw upon the natural environment for its color palette,and they share a desire for an artwork that is peaceful,calming; artwork that evokes feelings of the pastureland that used to be prevalent in the area.They mentioned that the artwork does not have to be representational The artwork could be integrated into the facility and/or the site and might be visible from inside and outside. ARTIST SELECTION PROCESS:SELECTION PANEL#1 FWPA staff shall curate approximately 6-8 qualified Texas artists from the fort Worth Public Art Pre- Qualified Lists of Emerging and Established Artists and others by invitation. All artists will be contacted prior to being considered by the Artist Selection Panel,to ascertain their interest and availability.After an initial presentation of artist's images and qualifications to the panel,the panel shall select the three finalists and one alternate they feel is the best fit for the project ARTIST ORIENTATION The selected finalists shall participate in an orientation for the project(on site or via conference call)to which the Project Core Team will be invited. ARTIST SELECTION PROCESS:SELECTION PANEL#2(INTERVIEWSI The Artist Selection Panel shall reconvene and interview the Artist Finalists individually,who shall present Power Point presentations of their recent work and talk about how they might approach the project.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 FWACs approval of the Panels'recommendations,the selected artist will be placed under a Preliminary Design Contract. Prior to beginning work on a Preliminary Design,the selected artist will meet with the Project Core Team for input. MEETING FACILITATOR:Anne Allen,Public Art Project Manager,Arts Council of Fort Worth and Tarrant County PROJECT CORE TEAM Council Member Shingleton has invited a group of 7-9 community members to serve as a Project Core Team who will provide input on an artwork approach,assist with Artist Selection and be involved throughout the design process.(NOTE:The Core Team grew as several who were unable to offend the orientation invited others from their organization to offend on their behalf.The Council Member desires that all participate going forward). 1. Kelly Williams,Bar C Ranch 2. Prisca Kirk,Creekwood HOA President 3. Darrell Smith,Creekwood HOA 4. Dawn Hall,Chisholm Ridge HOA President S. Rob Charon,Chisholm Ridge HOA(elected to Selection Panel) 6. Evey Hull,West Fork Ranch HOA President 7. Heather Himes,Neighborhood Advocate 8_ Rusty Faller,N FTW Alliance President Agreement with Matthew Mazzotta for Preliminary Design of Public Artwork for Northwest Community Center � t ARTIST SELECTION PANEL(Vor)ng) 1. Council Member Dennis Shingleton,District 7(or their designee) 2. Rob Chacon,elected,Project Core Team Member,District 7 3. Raul Pena,Fort Worth Art Commissioner 4. TBD,Artist or Arts Professional 5. TBD,Brinkley,Sargent,Wiginton Architects,City's Design Consultant ADVISORS(Non-voting) 1. Tonda Rice,City of Fort Worth 2. Ronald Clements,Property Management,Architectural Services,City of Fort Worth 3. Kelli Pickard,Assistant Director,Recreation Division,PARD,City of Fort Worth 4. TBD,City's Contractor 5. Other Project Core Team Members 6. Others as may be appropriate TIMELINE OPTION A(Subject to chonge) Project Core Team Orientation February 26,2020 Project Outline Approved March 16,2020 Artist Selection Panel#1 May,2020 Artist Finalist Orientation May,2020 Artist Selection Panel#2 June,2020 FWAC approval of recommended artist and proposal June,2020 Preliminary Design Contract execution with artist June,2020 FWAC approves Preliminary Design September,2020 Final Design and Commission Contract execution October,2020 Artwork installs TBD,2022 Agreement with Matthew Mazzotta for Preliminary Design of Public Artwork for Northwest Community Center Exhibit B: Site The new Northwest Community Center is to be located in the SE part of Northwest Community Park, South of the Bureau of Engraving and Printing,west of Blue Mound Road in north Fort Worth, near Loughridge Lake i Well"- «tam The t 1 s Cour l M 1 ' of 9YM WOW QQFMWt& D.VM f agP"H 7 Mont•, • Y Go jie r- 4. I ■i 4 I t r � � r a Rt r - _ i 4^' - ' brnM a."tte.e wora �— NORTHWESTMY COMMUNITY PARK �MiieI HALFF c . wpm IIEIIIF[1S Agreement with Matthew Mazzotta for Preliminary Design of Public Artwork for Northwest Community Center Exhibit B Continued: Site The new Northwest Community Center is to be located in the SE part of Northwest Community Park, South of the Bureau of Engraving and Printing, west of Blue Mound Road in north Fort Worth,near Loughridge Lake(shown here in yellow) I ik OL 10 J, 1 I T' +- r• yi 11 � aLALA — . Agreement with Matthew Mazzotta for Preliminary Design of Public Artwork for Northwest Community Center Exhibit C: Northwest Community Center Facility Concept Massing Concept,Floor Plan Diagram and Facility Inspiration Examples 1 1 FW—a..�. Agreement with Matthew Mazzotta for Preliminary Design of Public Artwork for Northwest Community Center ti Exhibit D Implementation Budget FES INSTALLATION Andt Fit lNuft Ow b"d.DWV•Aftia) lhtuyatadon of Arlawt in 0 Loat tlnlrtrt► Ske Hal wadoe/h+rrAatlon CardwW Sea i0000/kumsom lbatarnptr FACU"C rescoms/"WWO n 10ft Otfw►rcM..iaw+Fen "t4aw LAM Eauip"Wru hm" SMTMALFEB $0.00 Slow" SUB-TCFFALINVALLATICfat $O.00 TRAVEL(Mated on 6SA RAta) 'iarltOorW"n INSURANCE 1"Wre 6nwat UOWWJ Wwame) ►w darn:VONIS and WAddOK" SU6TOTALTRAVEL OOt f 0.®Q AJ6-TOTAJ.OHaHEAa $O.00 FABRICATION ma"dak MWIN6ENCY S%AnW Held Co 1 M I; r FO Artlp tabs Moat tt S Va► ) tw In M "a** Fe rkslo Nhw a OYws GMWO TOTAL $ 0.00 moues(WAq"" #.tawked-SWA,490 Sunp SUBTCRLLFAMICAMN $0.00 Saoft aamom a$per P%aj) Agreement with Matthew Mazzotta for Preliminary Design of Public Artwork for Northwest Community Center rr Exhibit E Sales Tax Exemption Ota1ar ) (W.4136) Texas Sales and Use Tax Exemption Certification This certificate does not require a number to be valid. Warn of purdow.mn or agency City of Fort Worth,Texas Address(SVeet 6 number,P.O.Box orkbute number) Phone(Ares coos srKrraNrrbed 200 Texas Street 817492-0517 CRY.slob,ZIP code Fort Worth,Texas T6102 I,the purchaser named above,claim an exemption from payment of sales and use taxes(for the purchase of taxa le items described below or on the attached order or invoice) from: i Seller. All Vendors _ Street address: —City,State,ZIP code: Description of Items to be purchased or on the attached order or Invoice: All items.Purchaser acknowledges that this Certificate cannot be used for the purchase,lease or rental of a motdr vehicle. I Purchaser claims this exemption for the following reason: Municipality,Governmental Entity 1 understand that I will be liable for payment of all state and local sales or use taxes which may become due for failure to comply with the provisions of the Tax Code and/or all applicable law. I understandthatitisecriminalo8ensetogiveanexempfioncertificatetothesellerfortaxableitemsthatl know,atthe timeofpurchas wiifbe usedin a mannerotherthen that expressedin thisceriificate,anddependingonthe amount oftexevaded,the offensemayran from a Class C misdemeanor to a felony of the second degree. Puchaser Ties cam here I Finance Director/CFO NOTE: This certificate cannot be issued for the purchase,lease,or rental of a motor vehicle. THIS CERTIFICATE DOES NOT REQUIRE A NUMBER TO BE VALID. Sales and Use Tax'Exemption Numbers'or'Tax Exempt"Numbers do not exist. This certificate should be furnished to the supplier. Do nW send the completed certificate to the Comptroller of Public Accounts. Agreement with Matthew Mazzotta for Preliminary Design of Public Artwork for Northwest Community Center Exhibit F Insurance Requirements PUBLIC ART PROJECTS-INSURANCE REQUIRDAEMS Artist shall meet all tie following insurance requirements for this Project If Artist �,ubcoulram fabrication, transportation. and°ar =allatim of the Wodt, then Artist shall also negnue hulher subcontrae {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,prodncts{compleled operations,personal injury,and contractual liability. Insurance shall be provided on an occurrence basis,and be as comprehensive as the current Insurance Sen-ices Office(ISO) policy.The policy shall name City as an additional insured. B9W'slProperty(if applicable) The inland marine policy shall pro%ide per occurrence coverage at replacement cost value based on the latest appraised value of the Artwork, which is entru-ted 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 h4wy per occurrence $100,000 Property Damage A commercial business policy shall provide coverage on"Any Auto; defined as autos owned,hued and non-owned. For Artist andtor Artist's Subcontractors who have employees:waken'Compensation Statutory limits Employer's liability $100,000 Each accrdent'occnrrence $100,000 Disease-per each employee $500,000 Bodily hyinyMneam-policy limit Workers' Compensatim coverage shall provide limits consistent with stattetay benefits outlined in the ?eras workers'Compensation Act(Art 8308—1.01 et seq. Tex.Rev.Civ.Stat). GF—N-ERAI.POLICY REQ1L IRE111-NTS The certificate of insurance shall mchuie an endorsement nammg the City of Fort Worth, its' Officers, Employees and Volunteers as an`Additional huswed"on all liability policies. Exception...the additional insured requirement does not apply to Workers'Compensation or Automobile policies. Agreement with Matthew Mazzotta for Preliminary Design of Public Artwork for Northwest Community Center Artist is mspo=Ue for providing the City a thirty day(30)notice of cancellation or non-reswwal of any insurance policy and may not change the terms and conditions of any policy that would limit the scope or co%wagc or otherwise alter or disallow co%wage as required herein. Waz%w of rights of recovery(snbro`ation)in famror of City of Fort Worth. The insurers hoc all policies must be hcens*&approved to do business in the State of Texas_ All insmws mast have a—n—rating of A-VII in the current A M. Best Rey Rating Dude or have reasonably equi%raieat financial strength and sol%vacyr to the satissfachoa of Risk ManagemmA. If the rating is below that mqui4 writtm approval of Risk Management is required. If insurance policies are not written for specified coo mge hmits, an Umbrella or Excess Lability insurance for any differences is required. Excess Labahty shall follow form of the primary coverage. "Unless otherwise stated,all required insurance shall be written on an`occnnence basis." The deductible or self-unured retention(SIR)affecting tegured insurance couwrage shall be acceptable to and ayyrmed in writing by the Risk Manager of City of Fort Worth in regards to asset value, and stockholders'equity. In hen of traditional iuuuraace, alternative c(nwrage maintained through insurance pools or risk retention gaups,must also approved by City's Risk Manager. Crty,at its sole d►scmuon,resen-es the right to miew the insurance regtuuements and to make reasonable adjustments to insurance coverages and their hunts 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 pr(nide prior notice of ninety days. City shall be entitled,upon request and wtdww expense,to recetre copies of policies and endorsements thereto and may make any reasonable requests for deletion or recision or modifications of psticular policy terms.conditions,limitations,or exclusions except where policy prmisionss are established by law or regulations binding upon other of patty or the»nderwntw on any such policies. Agreement with Matthew Mazzotta for Preliminary Design of Public Artwork for Northwest Community Center