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Contract 58657
CRY SECRETARY CONTRACT NO. AGREEMENT BETWEEN THE CITY OF FORT WORTH AND SKYRIM STUDIO INC FOR PRELIMINARY DESIGN FOR SYCAMORE PARK PUBLIC ART PROJECT This Agreement is entered into this aVti day of 2023, by and between the City of Fort Worth, a home-rule municipal corporation of the State of Texas, acting by and through Fernando Costa, its duly authorized Assistant City Manager ("City"), and Skyrim Studio Inc, an Arizona corporation, with a mailing address of P.O.Box 36593,Tucson,AZ,85740,and acting by and through Blessing Hancock,its duly authorized Owner("Artist").The City has designated the Arts Council of Fort Worth and Tarrant County,Inc., DB/A Arts Fort Worth("Contract Manager")to manage this Agreement on its behalf. The Contract Manager shall act through its designated Public Art Project Manager. WHEREAS,pursuant to Chapter 2,Sections 2-56 through 2-61 of the Fort Worth Code of Ordinances, the Fort Worth Public Art Program's goals are to create an enhanced visual environment for Fort Worth residents,to commemorate the City's rich cultural and ethnic diversity,to integrate the design work of artists into the development of the City's capital infrastructure improvements,and to promote tourism and economic vitality in the City through the artistic design of public spaces; WHEREAS, City is undertaking improvements to Sycamore Park, which includes a realigned loop road within the park on Sycamore Circle,along Vickery Blvd(Council District 8); WHEREAS,this Project was included in the Public Art Plan for the 2018 Bond Program,adopted by the Fort Worth City Council on October 16,2018,as M&C G-19401.The project is also included in the Public Art Fiscal Year 2023 Annual Work Plan adopted by City Council on November 29,2022,as M&C 22-0935; 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 November 14, 2022, the Fort Worth Art Commission("FWAC")approved the Selection Panel's recommendation of Artist for the project. WHEREAS, City and Artist wish to set out the terms and conditions under which said Work shall be designed to promote the integrity of Artist's ideas and statements as represented by the Work. NOW, THEREFORE, City and Artist for and in consideration of the covenants and agreements hereinafter set forth,the sufficiency of which is hereby acknowledged,agree as follows: ARTICLE 1 DEFINITIONS As used in this Agreement,the following terms shall have the meanings as set forth below: 1.1. Agreement—Means and includes this Agreement between the City of Fort Worth and Artist for Preliminary Design of public art for the Site. S0 REC D DEC 20122 pw3:54 Page 1 of 26 Agreement between City of Fort Worth And Skyrim Studio Inc for Preliminary Design of Sycamore Park Public Art Project 1.2. Artist — Means and includes Skyrim Studio Inc, an Arizona corporation, and its officers, directors,or employees. 1.3. Artwork Design—Means and includes the Preliminary Design of the Work,which is defined in 1.3.a. below. 1.3.a.Preliminary Design—Means all developed preliminary drawings,sketches,prototypes, maquettes, models, narrative descriptions, budget estimates, and the like that are created by Artist in connection with this Agreement and/or any prior agreement between Artist and City for the Work. 1.4. City—Means and includes the City of Fort Worth, Texas. 1.5. Contract Manager—Means and includes the Arts Council of Fort Worth and Tarrant County, Inc.,DB/A Arts Fort Worth, and its officers,directors,and employees. 1.6. Effective Date — Means and includes the date represented in the first paragraph of this Agreement. 1.7. Parties—Means and includes City and Artist. 1.8. Preliminary Design Deliverables —Means and includes those items set forth in Article 2.3 of this Agreement that Artist is required to submit to City for its review and approval prior to proceeding to the Final Design phase of this Agreement. 1.9. Project—Means and includes the capital improvement or public art development undertaking of City for which Artist'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. 1.10. Project Consultant — Means and includes the entity contracted by City to design and/or construct the capital improvement associated with 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 Public Art Master Plan Update,page 23. 1.12. Project Stakeholders — Means and includes the appropriate City Council Member(s), the Sycamore Park Project Core Team, and the FWAC's appointed representative and others as may be appropriate. 1.13. Site—Means the Sycamore Park, located at 2411 East Vickery Blvd,Fort Worth,TX, 76107, in Council District 8, identified in the Project Outline.Further details are attached hereto as "Exhibit B." 1.14. Work—Means and includes the finished object(s)of art and design that are the subject of this Agreement,or any intermediary stage of completion of such work as part of Preliminary Design. ARTICLE 2 SCOPE OF SERVICES AND DELIVERABLES 2.1. Scope of Services. Page 2 of 26 Agreement between City of Fort Worth And Skyrim Studio Inc for Preliminary Design of Sycamore Park Public Art Project a. Artist shall perform all services and will furnish all supplies, materials, and equipment as necessary for developing a Preliminary Design of the Work and for providing the Preliminary Design Deliverables. Services shall be performed in a professional manner and in strict compliance with all terms and conditions in this Agreement. b. Artist shall determine the artistic expression, scope, design, color, size, material, and texture of the Work, subject to review and input from Project Stakeholders and approval by City as set forth in this Agreement. City may request changes to the Artwork Design from time to time under this Agreement, and Artist will accommodate City's requests. C. The location at the Site where the Work shall be installed shall be mutually agreed upon by City and Artist. d. Prior to commencing the Preliminary Design,Artist shall meet with and seek input from Project Core Team.Artist shall also work with Project Core Team to identify key groups and individuals for further outreach which may include,but is not limited to business leaders,business associations,foundations, schools,youth and senior populations,community leaders,and neighborhood groups. e. Artist shall provide an event schedule and timeline in writing to Contract Manager for review and input.Notice of changes to schedule by Artist shall be given at least one (1)month prior to the event for publicity purposes. f. Artist, upon request of Contract Manager, shall provide information and/or attend meetings as necessary with appropriate City staff for purposes of risk assessment, safety review, sighting of the Work,and permitting. g. Artist shall explore concepts for the Work, within the implementation budget set forth in Article 2.3. h. Artist shall meet and coordinate with Contract Manager,Project Consultant,and others,as necessary, to integrate the Work into the Site in terms of electrical or other infrastructure needs to support the Work. i. Artist shall present the Preliminary Design to the FWAC for joint review with the Project Core Team, other Project Stakeholders, the appropriate City staff, and the FWAC's approval at a regularly scheduled FWAC meeting with a date and time mutually agreed upon. The Preliminary Design shall subsequently be shared with City boards or commissions,as appropriate. j. Artist shall allow video recording and photography of their participation during activities related to this Project such as presentations and meetings.It is the City's intention to use Artist name and likeness in association with this Project. 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 Artwork Design has Page 3 of 26 Agreement between City of Fort Worth And Skyrim Studio Inc for Preliminary Design of Sycamore Park Public Art Project 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 hashtag#fwpublicart. City shall tag Artist when promoting this Project when appropriate. Artist and City acknowledge Artist documents their social practice via social media,therefore Artist may use their own social media account(s)to promote project meetings and happenings open to the public based on schedule of events provided to Contract Manager as noted in 2.1.g. Such documentation shall be made available to City as part of Preliminary Design Deliverables. 2.2. City Assistance. Upon request by Artist, City shall promptly furnish all information and materials required by Artist to the extent that such materials are available. City,upon request by Artist,shall also provide correct scaled drawings of the Site, if available. 2.3. Preliminary Design Deliverables. a. Within three (3) months after the Effective Date, Artist shall provide services and all supplies, materials, and equipment necessary to provide certain deliverables, as set forth in this Article 2.3 to City for approval. Preliminary Design Deliverables shall consist of the following: i. Detailed, design illustrations for the Work for the Site, which shall be in a high-resolution digital format, such as JPEG or TIF files,showing the proposed Work from multiple vantage points with at least one illustration showing the Work's size and placement in relation to the Site; ii. A narrative description of the Artist's concept based on community engagement as well as materials, fabrication, and installation methods, timeline for completion, and anticipated annual maintenance requirements; iii. A preliminary budget estimate, presented on the budget form attached hereto as "Exhibit C," for costs of Final Design and Commission of the Work in an amount not to exceed$286,563.00 which includes all costs for engineering, labor, fabrication, delivery, installation, insurance (City requirements attached hereto as "Exhibit C"), travel costs, transportation, remaining Artist's fee of$30,375.00 and all other associated costs for the Work;and iv. Artist shall provide the Preliminary Design presentation materials in PowerPoint format to the Contract Manager to become part of the City of Fort Worth Public Art archive owned by City.All documents, models, and/or drawings associated with the Work will be retained for archival and exhibition purposes. Page 4 of 26 Agreement between City of Fort Worth And Skyrim Studio Inc for Preliminary Design of Sycamore Park Public Art Project b. Preliminary Design Deliverables shall be submitted to the Contract Manager two(2)weeks prior to the scheduled Preliminary Design presentation for staff review. 2.4. Preliminary Design Review. a. Upon completion and submission of the Preliminary Design Deliverables and acceptance by Contract Manager, Artist shall present the Preliminary Design to the FWAC for joint review with the Project Core Team, other Project Stakeholders,the appropriate City staff, and for the FWAC's approval at a regularly scheduled FWAC meeting with a date and time mutually agreed upon. The Final Design shall subsequently be shared with City boards or commissions,as appropriate. b. City shall notify Artist of its approval, or disapproval, of the Preliminary Design within thirty (30) business days of Artist's presentation to the FWAC. C. If City disapproves of the Preliminary Design,either in whole or in part,then City shall inform Artist of each revision to be made to the Preliminary Design. City may require Artist to make such revisions to the Preliminary Design as City deems necessary in its sole discretion and/or for the Work to comply with applicable statutes, ordinances, or regulations of any governmental regulatory agency having jurisdiction over the Site for reasons of safety and security. d. Artist shall have thirty (30) calendar days from the date City informed Artist of the revision(s) to present the revised Preliminary Design in conformance with City's requirements. e.' If City disapproves of the resubmitted Preliminary Design, any further Preliminary Design resubmissions will be by mutual agreement of the Parties and subject to the procedures and terms in this Article. If the Parties desire not to continue with the resubmission process,then this Agreement will automatically terminate, with payment for work performed per the payment schedule in Article 3 up through the date of termination.(See 4.4.d) f. Upon City approval of the Preliminary Design, any revisions made to a City-approved Preliminary Design shall become part of the Preliminary Design. Artist shall incorporate any City-approved revisions into the final design in conformance with City's requirements. Any revisions shall become part of any final design deliverables if the Artist proceeds to the final design phase. ARTICLE 3 COMPENSATION AND PAYMENT SCHEDULE 3.1. Compensation. Total compensation to Artist under the Agreement shall be in an amount up to SEVENTEEN THOUSAND, ONE HUNDRED EIGHTY-EIGHT DOLLARS AND NO CENTS($17,188.00)which shall constitute full compensation for any and all costs associated with the Agreement, including, but not limited to, travel, an Artist's fee of$15,188.00, and all other services performed, and materials furnished by Artist under this Agreement. Artist and City may amend this Agreement to allow for additional payment if additional services are required. Page 5 of 26 Agreement between City of Fort Worth And Skyrim Studio Inc for Preliminary Design of Sycamore Park Public Art Project 3.2. Payment Schedule. a. City agrees to pay Artist in the following installments set forth below, each installment to represent full and final, non-refundable payment for all services and materials provided prior to the due date thereof: i. THREE THOUSAND DOLLARS AND NO CENTS ($3,000.00) within thirty (30) calendar days upon execution of this Agreement. ii. TWO THOUSAND, FOUR HUNDRED DOLLARS AND NO CENTS ($2,400.00) within thirty(30)days after Artist meets with Project Core Team and other stakeholders to gather input prior to Preliminary Design development. iii. FIVE THOUSAND DOLLARS AND NO CENTS ($5,000.00) within thirty (30) calendar days after Artist submits all Preliminary Design Deliverables required under Article 2.3 of this Agreement. iv. THREE THOUSAND,TWO HUNDRED DOLLARS AND NO CENTS($3,200.00)within thirty (30) calendar days after Artist makes presentation(s) of the Preliminary Design to the FWAC,the Project Core Team,and other Project Stakeholders at a regularly scheduled meeting of the FWAC. V. ONE THOUSAND, FIVE HUNDRED EIGHTY-EIGHT DOLLARS AND NO CENTS ($1,588.00)within thirty (30)calendar days after City's approval of the Preliminary Design. vi. An engineering allowance of up to TWO THOUSAND DOLLARS AND NO CENTS ($2,000.00) for preliminary consultation as needed. Such payment shall be made for actual services rendered only and upon receipt of an invoice from Artist with the original invoice (a retainer fee of up to 50% is allowed)for such services attached. 3.3. Sales Taxes. City is a tax-exempt organization and no state or local sales taxes or federal excise taxes shall be due upon the Project. City shall supply Artist with the"Texas Certificate of Exemption," in substantially the same form as that attached hereto as"Exhibit H"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 by the Artist during the performance of this Agreement, including, but not limited to, services, materials, mailing/shipping charges and insurance on submissions to City and/or Contract Manager, cost of all travel, and costs for Artist's agents, consultants, and/or employees necessary for the proper performance of the services required under this Agreement. ARTICLE 4 TERM AND TERMINATION 4.1. Term. Page 6 of 26 Agreement between City of Fort Worth And Skyrim Studio Inc for Preliminary Design of Sycamore Park Public Art Project This Agreement shall be in effect from the Effective Date and, unless terminated earlier pursuant to such provisions in this Agreement, shall extend until final payment to Artist by City. 4.2. Gratuities. City may cancel this Agreement if it is found that gratuities in the form of entertainment, gifts, or otherwise were offered or given by Artist or any agent or representative to any City or Contract Manager official or employee with a view toward securing favorable treatment with respect to the awarding,amending,or making of any determinations with respect to this performance of this Agreement. 4.3. Termination for Cause. If either party to this Agreement shall fail to fulfill their obligations in accordance with the terms of this Agreement,or otherwise violate any of the covenants,agreements,or stipulations material to this Agreement, then the Parties shall first attempt to resolve any disputes arising from this Article 4.3 in accordance with the dispute resolution process set forth in Article 5. If the Parties cannot resolve the dispute(s),then the disputing party shall thereupon have the right to terminate this Agreement upon the delivery of a written "Notice of Termination'specifying the grounds for termination. Termination of this Agreement under this provision shall not relieve the party in default of any liability for damages resulting from a breach or a violation of the terms of this Agreement. 4.4. Termination for Convenience. a. The services to be performed under this Agreement may be terminated by either party, subject to written notice submitted thirty(30)calendar days before termination. b. If the termination is for the convenience of City,City shall pay Artist for services actually rendered up to the effective date of termination in accordance with Section 3.2 of this Agreement,and Artist shall continue to provide the City with services requested by City and in accordance with this Agreement up to the effective date of termination. Upon payment in full of all monies due for services provided up to the effective date of termination, City shall have the right, in its sole discretion, to possession and transfer of all work product produced by Artist under this Agreement, including, but not limited to,finished and unfinished drawings, sketches, photographs,models, and designs,up to the effective date of termination,provided that no right to fabricate or execute the Work shall pass to City. C. If termination is for the convenience of Artist, City shall have the right, in its sole discretion, to pay Artist for services actually rendered up to the effective date of termination in accordance with Section 3.2 of this Agreement or require the Artist to remit to City a sum equal to all payments(if any)made to the Artist pursuant to this Agreement prior to the effective date of termination. If City chooses to pay Artist for services actually rendered, then all work product produced by Artist under this Agreement, including, but not limited to, finished and unfinished drawings, sketches, photographs, models,and designs,up to the effective date of termination shall become property of City. Page 7 of 26 Agreement between City of Fort Worth And Skyrim Studio Inc for Preliminary Design of Sycamore Park Public Art Project d. If termination is by mutual agreement of the Parties as set forth in Article 2.4,then City shall pay Artist for work performed in accordance with Section 3.2 of this Agreement up through the date of termination. City shall have the right to possession and transfer of all work product produced by Artist under this Agreement, including, but not limited to, finished and unfinished drawings, sketches, photographs,models,and designs, up to the effective date of termination. 4.5. Incapacity of Artist. a. In the event of Artist's death or Artist becoming physically or legally incapacitated during the term of this Agreement, City shall have the right to terminate this Agreement on payment to Artist or Artist's successors for all work and services performed prior to death or incapacity. All work product produced by Artist, including, but not limited to, finished and unfinished drawings, sketches, photographs, models, and designs, up to the effective date of termination shall become property of City. b. Should Artist's Preliminary Design have been approved, in the event of termination under this Article 4.5, City shall have the right to complete the Work, if feasible. Due regard shall be made for Artist's intended results and proper credit and acknowledgement shall be given to Artist. ARTICLE 5 DISPUTE RESOLUTION If either Artist or City has a claim, dispute, or other matter in question for breach of duty, obligations, services rendered or any warranty that arises under this Agreement,the Parties shall first attempt to resolve these issues through this dispute resolution process. The disputing party shall notify the other party in writing as soon as practicable after discovering the claim, dispute,or breach. The notice shall state the nature of the dispute and list the party's specific reasons for such dispute. Within ten(10)business days of receipt of the notice,both parties shall make a good faith effort, either through email, mail, phone conference, in person meetings, or other reasonable means to resolve any claim, dispute, breach, or other matter in question that may arise out of or in connection with this Agreement. If the Parties fail to resolve the dispute within sixty(60)calendar days of the date of receipt of the notice of the dispute, then the Parties may submit the matter to non-binding mediation upon written consent of the authorized representatives of both parties in accordance with Chapter 154 of the Texas Civil Practice and Remedies Code and Chapter 2009 of the Texas Government Code,then in effect. Request for mediation shall be in writing, and shall request that the mediation commence not less than fifteen(15)or more than forty-five(45)calendar days following the date of request, except upon Agreement of the Parties. In the event City and Artists are unable to agree to a date for the mediation or to the identity of a mutually agreed mediator within thirty (30)calendar days following the date of the request for mediation,then all the conditions precedent in this article shall be deemed to have occurred. The Parties shall share the mediator's fee and any filing fees equally. Venue for any mediation or lawsuit arising under this Agreement shall be in Tarrant County,Texas. Any agreement reached in mediation shall be enforceable as a settlement agreement in any court having jurisdiction. No provision of this agreement shall Page 8 of 26 Agreement between City of Fort Worth And Skyrim Studio Inc for Preliminary Design of Sycamore Park Public Art Project 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.I. General. a. Upon payment in full to Artist or pursuant to the applicable termination provision of this Agreement, the Artwork Design,Work,and all other work product under this Agreement shall become the property of City, without restriction on future use, except as provided below. Artist shall retain copyright and other intellectual property rights in and to the Artwork Design and/or Work. By execution of this Agreement, Artist grants to the City an exclusive, perpetual, royalty free, and irrevocable license to graphically depict or publicly display the Artwork Design and/or Work for any non-commercial purpose whatsoever. For purposes of this limitation, any graphic depiction or display of the Artwork Design and/or Work intended to promote or benefit City, its public services or its public purposes, regardless of whether or not a fee is charged to the public, or whether revenue is otherwise received by City, shall be deemed a non-commercial purpose. b. In view of the intention that the Artwork Design and the Work be unique, Artist shall not make any additional exact duplicate reproductions of the Artwork Design or the Work, nor shall Artist grant permission to others to do so except with the express written permission of City. However, nothing herein shall prevent Artist from creating future artworks in Artist's manner and style of artistic expression. C. Artist reserves every right available under the Federal Copyright Act to control the making and dissemination of copies or reproductions of the Artwork Design and/or Work, except as those rights are limited by this Agreement. City may make and disseminate photographs,drawings,and other two- dimensional reproductions of the Artwork Design and/or Work and accompanying materials for any municipal purpose. All reproductions by the City shall contain a credit to the Artist and a copyright notice substantially in the following form: "C date,Artist's name." d. Nothing in this Agreement shall prevent the Artist from using images of the Artwork Design and/or Work for marketing and promotional purposes in connection with the Artist's business. e. City is not responsible for any third-party infringement of Artist's copyright and not responsible for protecting the intellectual property rights of Artist. 6.2. Artist's Address. Artist shall notify City of changes in Artist's mailing address and email address as set forth in Article 12. The failure to do so, if such failure prevents City from locating Artist, shall be deemed a waiver by Artist of the Page 9 of 26 Agreement between City of Fort Worth And Skyrim Studio Inc for Pre]iminary Design of Sycamore Park Public Art Project right subsequently to enforce these provisions that require the express approval of Artist. Notwithstanding this provision,City shall make every reasonable effort to locate Artist when matters arise relating to Artist's rights. ARTICLE 7 WARRANTIES OF TITLE AND COPYRIGHT a. Artist represents and warrants that: i. Artwork Design and/or Work shall be the original product of the Artist's sole creative efforts. ii. Artwork Design and/or Work is and will be unique and original, and does not infringe upon any copyright or the rights of any person; iii. Artist has not sold, assigned, transferred, licensed, granted, encumbered, or utilized the Artwork Design and/or Work or any copyright related thereto that may affect or impair the rights granted pursuant to this Agreement; iv. Artwork Design and/or Work(or duplicate thereof)have not been accepted for sale elsewhere; V. Artist has the full power to enter into and perform this Agreement and to make the grant of rights contained in this Agreement; and vi. All services performed hereunder shall be performed in accordance with all applicable laws, regulations, ordinances, etc., and with all necessary care, skill and diligence. ARTICLE 8 ARTIST AS INDEPENDENT CONTRACTOR Artist shall perform all work and services hereunder as an independent contractor,and not as an officer,agent, servant or employee of City.Artist shall have exclusive control of,and the exclusive right to control the details of the work performed hereunder,and all persons performing same,and shall be solely responsible for the acts and omissions of his/her officers, agents, employees, and subcontractors. Nothing herein shall be construed as creating a partnership or joint venture between City and Artist, his/her officers, agents, employees and subcontractors,and doctrine of respondent superior has no application as between City and Artist. ARTICLE 9 INDEMNIFICATION 9.1. General Indemnity, a. ARTIST COVENANTS AND AGREES TO AND DOES HEREBY INDEMNIFY, HOLD HARMLESS, AND DEFEND, AT ITS OWN EXPENSE, CITY FROM AND AGAINST ANY AND ALL CLAIMS,LAWSUITS,JUDGMENTS, ACTIONS, CAUSES OF ACTION, LIENS, LOSSES,EXPENSES,COSTS,FEES(INCLUDING,BUT NOT LIMITED TO,ATTORNEY'S FEES AND COSTS OF DEFENSE), PROCEEDINGS, DEMANDS, DAMAGES, LIABILITIES, AND/OR SUITS OF ANY KIND OR NATURE, INCLUDING, BUT NOT LIMITED TO, THOSE FOR PROPERTY LOSS (INCLUDING, BUT NOT LIMITED TO, WORKERS' COMPENSATION ACT LIABILITY, LOST PROFITS, AND PROPERTY DAMAGE) AND/OR PERSONAL INJURY (INCLUDING, BUT NOT LIMITED TO, DEATH) Page 10 of 26 Agreement between City of Fort Worth And Skyrim Studio Inc for Preliminary Design of Sycamore Park Public Art Project TO ANY AND ALL PERSONS,OR OTHER HARM FOR WHICH RECOVERY OF DAMAGES IS SOUGHT, OF WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR RESULTING FROM ANY ACTS, ERRORS, OR OMMISSIONS OF ARTIST AND/OR ARTIST'S SUBARTISTS AND CONTRACTORS AND THEIR RESPECTIVE OFFICERS, AGENTS, EMPLOYEES, DIRECTORS, MEMBERS, PARTNERS, AND REPRESENTATIVES IN CONNECTION WITH THE EXECUTION, PERFORMANCE, ATTEMPTED PERFORMANCE, OR NONPERFORMANCE OF THIS AGREEMENT. b. Artist agrees to and shall release City from any and all liability for injury, death, damage, or loss to persons or property sustained or caused by Artist in connection with or incidental to performance under this Agreement. C. Artist shall require all of its subcontractors to include in their subcontracts a release and indemnity in favor of City in substantially the same form as above. 9.2. Intellectual Property. Artist agrees to assume full responsibility for complying with all State and Federal Copyright Laws and any other regulations, including, but not limited to, the assumption of any and all responsibilities for paying royalties that are due for the use of other third party copyrighted works by Artist. City expressly assumes no obligations, implied or otherwise, regarding payment or collection of any such fees or financial obligations. City specifically does not authorize, permit, or condone the reproduction or use of copyrighted materials by Artist without the appropriate licenses or permission being secured by Artist in advance. IT IS FURTHER AGREED THAT ARTIST SHALL RELEASE, DEFEND, INDEMNIFY, AND HOLD HARMLESS CITY FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES, ACTIONS, OR EXPENSES OF EVERY TYPE AND DESCRIPTION, INCLUDING, BUT NOT LIMITED TO, ATTORNEY'S FEES, TO WHICH THEY MAY BE SUBJECTED ARISING OUT OF CITY'S USE OR POSSESSION OF THE WORKS BY REASON OF AN ALLEGED OR ACTUAL COPYRIGHT VIOLATION OR OTHER LACK OF OWNERSHIP, AUTHORSHIP, OR ORIGINALITY. City expressly assumes no obligation to review or obtain appropriate licensing and all such licensing shall be the exclusive obligation of Artist. ARTICLE 10 EQUAL OPPORTUNITY a. Artist shall not engage in any unlawful discrimination based on race,creed,color,national origin, sex, age, religion, disability, marital status, citizenship status, sexual orientation or any other prohibited criteria in any employment decisions relating to this Agreement, and Artist represents and warrants that to the extent required by applicable laws, it is an equal opportunity employer and shall comply with all applicable laws and regulations in any employment decisions. Page 11 of26 Agreement between City of Fort Worth And Skyrim Studio Inc for Preliminary Design of Sycamore Park Public Art Project b. In the event of Artist noncompliance with the nondiscrimination clauses of this Agreement, this Agreement may be canceled,terminated,or suspended in whole or in part,and Artist may be debarred from further agreements with City. ARTICLE 11 MISCELLANEOUS 11.1. Compliance. Artist shall comply with all Federal, state, and local statutes, ordinances, and regulations applicable to the performance of Artist's services under this Agreement. 11.2. Entire Agreement. This writing embodies the entire agreement and understanding between the Parties hereto, and there are no other agreements and understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. 11.3. Amendments. No alteration, change, modification, or amendment of the terms of this Agreement shall be valid or effective unless made in writing and signed by both parties hereto and approved by appropriate action of City. 11.4. Waiver. No waiver of performance by either party shall be construed as or operate as a waiver of any subsequent default of any terms, covenants, and conditions of this Agreement. The payment or acceptance of fees for any period after a default shall not be deemed a waiver of any right or acceptance of defective performance. 11.5. Governing Law and Venue. If any action,whether real or asserted,at law or in equity,arises on the basis of any provision of this Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas — Fort Worth Division. This Agreement shall be construed in accordance with the laws of the State of Texas. 11.6. Successors and Assigns. Neither party hereto shall assign,sublet,or transfer its interest herein without prior written consent of the other party, and any attempted assignment, sublease, or transfer of all or any part hereof without such prior written consent shall be void. This Agreement shall be binding upon and shall inure to the benefit of City and Artist and their respective successors and permitted assigns. 11.7. No Third-Party Beneficiaries. The provisions and conditions of this Agreement are solely for the benefit of City and Artist, and any lawful successor or assign, and are not intended to create any rights, contractual, or otherwise,to any other person or entity. 11.8. Severability. Page 12 of 26 Agreement between City of Fort Worth And Skyrim Studio Inc for Preliminary Design of Sycamore Park Public Art Project 1f 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. City and Artist 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 during any term of this Agreement, the Fort Worth City Council fails to appropriate funds sufficient for the City to fulfill its obligations under this Agreement,the City may terminate this Agreement to be effective on the later of(i)thirty(30) days following delivery by City to Artist of written notice of City's intention to terminate or(ii) the last date for which funding has been appropriated by the Fort Worth City Council for the purposes set forth in this Agreement. 11.12. Captions. Captions and headings used in this Agreement are for reference purposes only and shall not be deemed a part of this Agreement. 11.13. Right to Audit. Artist agrees that City will have the right to audit the financial and business records of Artist that relate to the Work(collectively"Records")at any time during the Term of this Agreement and for three(3)years thereafter Page 13 of 26 Agreement between City of Fort Worth And Skyrim Studio Inc for Preliminary Design of Sycamore Park Public Art Project in order to determine compliance with this Agreement. Throughout the Term of this Agreement and for three (3) years thereafter, the Artist shall make all Records available to the City at 200 Texas Street, Fort Worth, Texas or at another location in the City acceptable to both parties following reasonable advance notice by the City and shall otherwise cooperate fully with the City during any audit. Artist shall require all of its subcontractors to include in their subcontracts a right to audit in favor of City in substantially the same form as described in this Article 11.13. 1 1.14. Certified MBE/WBE. If applicable, Artist is encouraged to make its best effort to become a certified Minority Business Enterprise (MBE) or Woman Business Enterprise (WBE) firm with a certifying agency whose certification is accepted by the City under the City's Business Diversity Enterprise Ordinance. 11.15. Survival Provision. The provisions contained in Articles 4.5(Incapacity of Artist),Articles 6(Ownership and Intellectual Property Rights), 7 (Warranties of Title and Copyright), 8 (Artist as an Independent Contractor), 9 (Indemnification), and 11.13 (Right to Audit) shall survive the termination or expiration of this Agreement. 11.16. Counterparts and Electronic Sil?natures. This Agreement may be executed in several counterparts,each of which will be deemed an original, but all of which together will constitute one and the same instrument. A signature received via facsimile or electronically via email shall be as legally binding for all purposes as an original signature. 11.17. Time Extensions. The Parties may agree, in writing,to extend or modify any of the time deadlines set forth in this Agreement. 11.18. Israel. If Artist is a company with ten(10)or more full-time employees and if this Agreement is for$100,000 or more, Artist acknowledges that in accordance with Chapter 2270 of the Texas Government Code, the City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1)does not boycott Israel;and(2)will not boycott Israel during the term of the contract. The terms"boycott Israel"and"company"shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. If applicable under this Agreement and Artist is considered a"company," by signing this Agreement,Artist certifies that Artist's signature provides written verification to the City that Artist: (1)does not boycott Israel;and(2) will not boycott Israel during the term of the Agreement. 11.19. Energy Companies: If Artist is a company with ten(10)or more full-time employees and if this Agreement is for$100,000 or more, Artist acknowledges that in accordance with Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2, the City is prohibited from entering into a contract for goods or services Page 14 of26 Agreement between City of Fort Worth And Skyrim Studio Inc for Preliminary Design of Sycamore Park Public Art Project that has a value of$100,000 or more that is to be paid wholly or partly from public funds of the City with a company with 10 or more full-time employees unless the contract contains a written verification from the company that it: (1)does not boycott energy companies; and(2)will not boycott energy companies during the term of the contract. The terms"boycott energy company"and"company"have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2. To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement,Artist certifies thatArtist's signature provides written verification to the City thatArtist:(1)does not boycott energy companies;and(2) will not boycott energy companies during the term of thisAgreement. 11.20. Firearms and Ammunitions Industries. If Artist is a company with ten(10)or more full-time employees and if this Agreement is for$]00,000 or more, Artist acknowledges that in accordance with Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1, the City is prohibited from entering into a contract for goods or services that has a value of$100,000 or more that is to be paid wholly or partly from public funds of the City with a company with 10 or more full-time employees unless the contract contains a written verification from the company that it: (1)does not have a practice, policy,guidance,or directive that discriminates against a firearm entity or firearm trade association;and(2)will not discriminate during the term of the contract against a firearm entity or firearm trade association. The terms"discriminate,""firearm entity"and"firearm trade association" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1. To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Artist certifies that Artist's signature provides written verification to the City that Artist: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and(2) will not discriminate against a firearm entity or firearm trade association during the term of this Agreement. ARTICLE 12 NOTICES All notices, requests, demands, and other communications which are required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been duly given upon the delivery or receipt thereof, as the case may be, if delivered personally or sent by registered or certified mail, return receipt requested,postage prepaid, as follows: 1. CITY OF FORT WORTH: Fernando Costa,Assistant City Manager City Manager's Office City of Fort Worth 200 Texas Street, Third Floor Fort Worth, Texas 76102 Page 15 of 26 Agreement between City of Fort Worth And Skyrim Studio Inc for Preliminary Design of Sycamore Park Public Art Project Copies to: Leann D. Guzman,City Attorney Office of the City Attorney City of Fort Worth 200 Texas Street,Third Floor Fort Worth,Texas 76102 Martha Peters,Director of Public Art Arts Council of Fort Worth&Tan-ant County 1300 Gendy Street Fort Worth,Texas 76107 2. ARTIST Blessing Hancock Skyrim Studio Inc PO Box 36593 Tucson,AZ 85740 blessinghancock@gmail.com (Signature page to follow) IN WITNESS HEREOF, the Parties hereto have executed this Agreement to be effective as of the Effective Date. CITY OF FORT WORTH ARTIST By: Fernando Costa Blessing Hancock Assistant City Manager Skyrim Studio Inc Date: IZLZO/.Za u. Date: 1 2/1 9/22 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. Name:Michelle Gonzales Title:Public Art Project Manager Page 16 of 26 Agreement between City of Fort Worth +E■ "titer And Skyrim Studio Inc for Preliminary Design of Sycamore Park Public Art Project APPROVED AS TO FORM AND LEGALITY: �J Jessika Williams Assistant City Attorney •� O.R3 ATT D BY: Al `• ��� c3 F= Jannette S. Goodall Tp�S City Secretary :'{ Contract Authorization: Form 1295:Not required No M&C required. Ordinance No. 24161-04-2020 ?0FH r,,I� RECORD ll Page 17 of 26 Agreement between City of Fort Worth And Skyrim Studio Inc for Preliminary Design of Sycamore Park Public Art Project Exhibit A: Project Outline Sycamore Park Public Art Project Outline .w 20 + ti 20 LA# �0 w in is ,0 — 1s r �+`Ld 15 �� 4 b0 7k ■ 3 Sycamore Park South The City of Fort Worth is beginning construction on a master plan for Sycamore Park located in east Fort Worth in Council District 8.The plan combines the former golf course and park to allow for repurposing opportunities and amenities that will better serve the community.Sycamore Park,one of the oldest parks in the city,spans 94 acres and contains several athletic fields, including the home stadium of Texas Wesleyan Rams Softball and Baseball and a Vaquero soccer turf field. Construction of phase 1 park improvements has commenced in the south tip of the park along Vickery Boulevard,and includes a realigned loop road on Sycamore Circle, new parking lot, pedestrian trail, playground,and other amenities. Completion of construction is scheduled for March 2023. PUBLIC ART BUDGET The Public Art Plan for the 2018 Bond Program, Proposition A designated$303,750(after contingency) in 2% public art funds for the Sycamore Park Project. The project was included in the Fort Worth Public Art Fiscal Yeor2022 Annual Work Plan and Budget,adopted by the Fort Worth City Council on November 6, 2018(M&C G-19412). PUBLIC ART SITE AND APPROACH This public art project provides an opportunity for an artist to create an engaging and educational artwork in the south area of the park,adjacent to East Vickery Boulevard,where it would be easily accessible, highly visible and have the greatest impact.The opportunities for an artwork include a freestanding or integrated artwork for the pedestrian trail,the entrance sign or the pedestrian crosswalk connecting the north and south sections of the park along Vickery Boulevard. On August 2,2022,the Project Core Team discussed their desires in artwork that might speak to the history of the surrounding area and provide an opportunity for visitors of all ages to engage. PROJECT CORE TEAM Shirley Bryant, Parker Essex Boaz NA Ewell L Mulligan, Parker Essex Boaz NA Janet Saltsgiver, Parker Essex Boaz NA Christopher Johnston, Polytechnic Heights NA Page 18 of 26 Agreement between City of Fort Worth And Skyrim Studio Inc for Preliminary Design of Sycamore Park Public Art Project Lawrence Walker, Polytechnic Heights NA Ann Denise Anderson, Polytechnic High School Mia Moss, Black Coffee Anita Mays, Eighty 8 Lines ELIGIBILITY Staff will recommend 6-8 artists from the Fort Worth Public Art Pre-Qualified List of Artists, whose work would be a good fit for the project. ARTIST SELECTION PROCESS SELECTION PANEL MEETING#1 FWPA staff shall present a pool of 6-8 artists for consideration by the Artist Selection Panel. Artists will be contacted prior to being considered,to ascertain their interest and availability.The Artist Selection Panel shall review the artists'qualifications and select 3 finalists and one alternate. FINALIST ORIENTATION The finalists shall participate in an orientation on site, if possible, prior to Selection Panel Meeting#2 to be further familiarized with contextual surroundings. The Artist Selection Panel and Project Core Team shall be invited to participate in the orientation. SELECTION PANEL MEETING #2 The Artist Selection Panel shall interview the three finalists individually at this meeting and will be asked to address a series of questions about how they would approach the project and/or about their professional experience. After discussion,the panel will then recommend one artist and one alternate for the project. Upon the FWAC's approval of the Panel's recommendation,a design contract will be executed with the selected artist. ARTIST SELECTION PANEL(Voting) 1. Council Member Christ Nettles, District 8 2. Shirley Bryant, Elected Project Core Team Member 3. Branigan Contreras, Fort Worth Art Commissioner 4. Anita Mays,Artist 5. Rueben Gonzales,Artist/Arts Administrator ADVISORS(Non-voting) 1. Sally Matzen, District 8 Director 2. Jing Jang, Parks Department, City of Fort Worth 3. Other Core Team Members TIMELINE(Subject to change) Project Core Team Orientation August 3, 2022 Project Outline Approved August 15,2022 Selection Panel Meeting#1 Late August 2022 Selection Panel Meeting#2 (interviews) Early September 2019 FWAC approval September 2019 Preliminary Design Contract execution with artist October 2022 Page 19 of 26 Agreement between City of Fort Worth And Skyrim Studio Inc for Preliminary Design of Sycamore Park Public An Project Exhibit B: Site E �J 3 I.F.0 clw f Anw.raT n r 4 . UNI*d Stpes'T%-' f}a•sliq—Stan ) ® a t z 8 X rn.rata�.l f E..cta k f r, S. ESSEX BOAZ 0.•varMlan/...0 6"q.daaa M— S, -0 Nath(�/f� E Name St C k i a i CanronSt E4M1na'..5, W BMd �'Nl Doll�O EYckvy Blvd F Tyle '� Ahnw A Atb..tlw M••y S.knOj �uetiea Ugh .a .0 ' 7 �, Q Poy4chna a ;»�[ ' 2 eve•eC A v y y y r del' O $ EL POLY A, ANnue c PYRAMID i I.M 1. Nw.. ` $ d..0 i TM,W-.I-., Ald.$.adng.. Th Q E Rosedale 5t a E Rosedale St _0 1b�T ,� 0.n.ant heis.e V _..,0 ' Imuk 9 Q 4h.ra MR .���ti+ SOUTHEAST `'' Od.t Tenial.OrchOf E.M W,>, 9' f Yarylry a lM 1ti _A'.'tiv.M M Rt, st C Mrynk k © .E dic Tor 4 -�- a E �. f .�. '�► '�1 It4.`. to "� .._ ,ti� ^r as •a 1 � ja , tom ' R . m Page 20 of 26 Agreement between City of Fort Worth And Skyrim Studio Inc for Preliminary Design of Sycamore Park Public Art Project Exhibit C: Budget Form PRQJECT BUDC&TARTIST RBUDGET ARTIST PROJECTDEVELOPMENT TEMPLATE DEVELOPMENT TEMPLATE A COSTSR FEES INSTALLATION Artist Fee{Studio Overhead,Design,Admin) Transportation of Artwork Efl fir ear Permits Lighting Designer Site Preparation/Remediation Conservator Footings/Foundations Photographer Electrical Connections/Modifications Other Professional Fees Installer Labor Equ'Kiment Rental Traffic control SUB-TOTAL FE ES Security SUB-TOTAL INSTALLATION TRAVEL (Based on GSA Rates) Transporation INSURANCE Lodging General Liability(prorated) Per diem{meals and incidentals} SUB TOTAL TRAVEL Other SUB-TOTAL OVERHEAD FABRICATION Materials CONTINGENCY Contutga�y Artist labor{flatus x S per fi 3%fVtist4ii9dr) rWgUW d in plate riinary Dew Phase Fabricator/Labor by Others GRAND TOTAL Rentals(equipment,fabrication space,etc.) Storage SUB-TOTAL FAB RICATION Page 21 of 26 Agreement between City of Fort Worth And Skyrim Studio Inc for Preliminary Design of Sycamore Park Public Art Project Exhibit D: Insurance Requirements PUBLIC ART PROJECTS - INSURANCE REQUIREMENTS Artist shall meet all the following insurance requirements for this Project. If Artist subcontracts fabrication, transportation, and/or installation of the Work, then Artist shall also require his/her subcontractor(s) to abide by all of the following insurance requirements. Commercial General Liability(CGL) $1,000,000 Each occurrence $2,000,000 Aggregate limit Coverage shall include, but not be limited to, the following: premises, operations, independent contractors, products/completed operations, personal injury, and contractual liability. Insurance shall be provided on an occurrence basis, and be as comprehensive as the current Insurance Services Office (ISO) policy. The policy shall name City as an additional insured. Bailec's/Property(if applicable) The inland marine policy shall provide per occurrence coverage at replacement cost value based on the latest appraised value of the Artwork, which is entrusted to the Artist and is considered to be in the Artist's care, custody, and control and shall include property "in transit." Automobile Liability $1,000,000 Each accident or $250,000 Bodily Injury per person $500,000 Bodily Injury per occurrence $100,000 Property Damage A commercial business policy shall provide coverage on "Any Auto," defined as autos owned,hired and non- owned. For Artist and/or Artist's Subcontractors who have employees: Workers'Compensation Statutory limits Employer's liability $100,000 Each accident/occurrence $100,000 Disease-per each employee $500,000 Bodily Injury/Disease-policy limit Workers' Compensation coverage shall provide limits consistent with statutory benefits outlined in the Texas workers' Compensation Act(Art. 8308— 1.01 et seq. Tex. Rev. Civ. Stat.). GENERAL POLICY REQUIREMENTS The certificate of insurance shall include an endorsement naming the City of Fort Worth, its' Officers, Employees and Volunteers as an "Additional Insured" on all liability policies. Exception: the additional insured requirement does not apply to Workers' Compensation or Automobile policies. Page 22 of 26 Agreement between City of Fort Worth And Skyrim Studio Inc for Preliminary Design of Sycamore Park Public Art Project Artist is responsible for providing the City a thirty day (30) notice of cancellation or non-renewal of any insurance policy and may not change the terms and conditions of any policy that would limit the scope or coverage,or otherwise alter or disallow coverage as required herein. The workers' compensation policy shall include a Waiver of Subrogation(Right of Recovery) in favor of the City of Fort Worth. The insurers for all policies must be licensed/approved to do business in the State of Texas. If the subcontractor is an international entity and carries insurance through an international insurance company, then the subcontractor must obtain language on their certificate of insurance confirming that its insurance policy extends coverage to operations in the United States. All insurers must have a minimum rating of A- VII in the current A.M.Best Key Rating Guide or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. If the rating is below that required, written approval of Risk Management is required. If insurance policies are not written for specified coverage limits, an Umbrella or Excess Liability insurance for any differences is required. Excess Liability shall follow form of the primary coverage. Unless otherwise stated, all required insurance shall be written on an"occurrence basis." The deductible or self-insured retention(SIR)affecting required insurance coverage shall be acceptable to and approved in writing by the Risk Manager of City of Fort Worth in regards to asset value and stockholders' equity. In lieu of traditional insurance, alternative coverage maintained through insurance pools or risk retention groups, must also approved by City's Risk Manager. City, at its sole discretion, reserves the right to review the insurance requirements and to make reasonable adjustments to insurance coverages and their limits when deemed necessary and prudent by City based upon changes in statutory law,court decision or the claims history of the industry as well as of the contracting party to City of Fort Worth. City shall be required to provide prior notice of ninety days. City shall be entitled,upon request and without expense,to receive copies of policies and endorsements thereto and may make any reasonable requests for deletion or revision or modifications of particular policy terms, conditions, limitations, or exclusions except where policy provisions are established by law or regulations binding upon either of party or the underwriter on any such policies. Page 23 of 26 Agreement between City of Fort Worth And Skyrim Studio Inc for Preliminary Design of Sycamore Park 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: _ G.►��� �-454-a— SUBSCRIBED AND SWORN TO before me, the undersigned authority, on this the �o Day of , 20 Z.Z. Notary Public, State of Texas SELENA ALA Notary Public, State of Texas Print Name 9l,• ,�+P; Comm. Expires 03-31-2024 Notary ID 132422528 Commission Expires '� SELENA ALA Notary Public, State of Texas =`�'• Q Comm. Expires 03-31-2024 °;,;'�`' Notary ID 132422528 Page 24 of 26 Agreement between City of Fort Worth And Skyrim Studio Inc for Preliminary Design of Sycamore Park Public Art Project Exhibit F: Sales Tax Exemption y�y"oh aa4hhboQ Texas Sales and Use Tax Exemption Certification This veraTcan a does aci NH*e a nurrg rho be wskV C ft of FoA Woflit,Tetlhre imwi�w to vlr.phTAAO' "fttl 7 rCFau p4cvea�ia�e weKh 200 Tax=Sumat �t7-39a-rISiT o*,sra,,ZscCMk F9rlWartli,Tow TOM 1,the pixt ea9t Paned above,Ck W So externptfon NOM payrOM of$aft and use wises Ocr the pufr haw of tbxa6le twn9 descIbed below>x an i he ailathed order or hwi*)from E>OW All Vimim sk"A a ,Cltf,BLV:e'ZIP asda' Dewplew of flm+e so be pufdhmW cr an the allKtmd order or rmmua. All iltms.P+urchaaer aduwwledom chat the.Cerl wAft cannot be usM far the irummam,lime at rental of a motor VMhkk_ PwEha rr daima this arampl;on for dra iblaahing Marna GOMMWMl EnUly I understand f ul I rtl l be hsble rar phrrmer t of all t Wa mid Iota sales a•use lama wbM may became dun tar falrm to canwl rllh the prouldons of the Too Code air all appikabb Law. f�ril4efhleewlmin#adiMaaJo{rerearr hdarrtalr+6Mlr�hMfaiteaolbr�erleaa6hbhbwraWsff�bwhr,erV%eltrreafAswYYes» rrri7beueadirrenasrwa•dha�dhenMefw,amaaadivfnkcerl�iml4��ep�i�on LheamaMrfadfeirewh�IfrocyVlensemepaas'apr bam a[less O mkidemeamw to-a 166Nw of 84e eeva►rd d gme SAM _f nstuc. �^-- .�_�� Fl,,rxa NDTE. law,W ec M O af++nWo+t+ogd# THM CERTIFICATE DOES Nor REWRE A Wimaw To eE YALAQ_ P+lw end tkre Us"Emuhlivn NumbenY Or'Tom EOWW Ntw6w*dr,rM ev)Ipt fhb cerft ft hfll uN M 1M1f1Agwill W th*ltlr Oka. Do lid taut tiro camostod ontedoab to am Cataplr OW of PEW Aaet enir*. Page 25 of 26 Agreement between City of Fort Worth And Skyrim Studio Inc for Preliminary Design of Sycamore Park Public Art Project [REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK] Page 26 of 26 Agreement between City of Fort Worth And Skyrim Studio Inc for Preliminary Design of Sycamore Park Public An Project FORTWORTH DOCUMENT TITLE: SYCAMORE PARK PUBLIC ART PRELIMINARY DESIGN CONTRACT M&C CPN CSO # DOC# Routing and Transmittal Slip Planning & Data Analytics Department (Fort Worth Public Art) DATE: TO: INITIALS DATE OUT 1. Jessika Williams, Assistant City Attorney JJW 12/19/22 2. Fernando Costa /2�20�Za2Z 3. Jannette S. Goodall, City Secretary 4. 5. 6. DOCUMENTS FOR CITY MANAGER'S SIGNTURE: All documents received from any and all City Departments requesting City Manager's signature for approval MUST BE ROUTED TO THE APPROPRIATE ACM for approval first. Once the ACM has signed the routing slip, David will review and take the next steps. NEEDS TO BE NOTARIZED: ❑ Yes ❑X No RUSH: ❑ Yes X ❑ No SAME DAY: ❑ Yes ❑ No NEXT DAY: ❑X Yes ❑ No ROUTING TO CSO: ❑X Yes ❑ No Action Required: ❑ As Requested ❑ Attach Signature, Initial and Notary Tabs ❑ For Your Information X❑ Signature/Routing and or Recording ❑ Comment ❑ File Return to: Please email a copy of the fully executed contract to: Michelle C Gonzales at mgonzales@artscouncilfw.org . Thank you!