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HomeMy WebLinkAboutContract 58927AGREEMENT BETWEEN CITY SECRETARY yo ?:'7 CONTRACT NO. _.:::>_Q_:!-~-- THE CITY OF FORT WORTH AND SV RANDALL STUDIO LLC FOR PRELIMINARY DESIGN OF PUBLIC ART FOR CHAPEL CREEK CORRIDOR This Agreement is entered into this 25th day of January , 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, and SV RANDALL STUDIO LLC, a TX Limited Liability Company DBA Steven Randall , residing at 6003 Ross Avenue, Dallas, Texas, 75206. City has designated the Arts Council of Fort Worth and Tarrant County, Inc., DBA Arts Fort Worth 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 (FWPA) 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; and WHEREAS, funding for this project was included in the Public Art Plan for the 2018 Bond Program, adopted by City Council on October 16, 2018 (M&C G-19401). The Project is included in the Fort Worth Public Art Fiscal Year 2023 Annual Work Plan, adopted by the Fort Worth City Council on November 29, 2022 as M&C 22--0932; and WHEREAS , the Public Art Project Outline, approved by the FWAC on July 11 , 2022, attached as Exhibit "A"; and 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 Counci I on October 17, 2017 (M&C G-19140); and , on December 12, 2022 , the Fort Worth Art Commission ("FWAC") approved the Selection Panel 's recommendation of Brenda Ciardiello and Steven Randall as Artists to each address the streetlight poles for a portion of the Site under separate agreements with the City; and 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: Agreement with SY RANDALL STUDIO LLC for Preliminary De s ign of Publi c Artwork for Chapel Creel Co ii:jfFICIAL RECORD .~.·•~ ~~,l -of30 "_.tJ~J ~'\:t:.;._,-·L.~ Cl Y SECRETARY T. WORTH, TX 1.1. Agreement -Means and includes this agreement between the City and Artist for Preliminary Design of Public Art for the Site. 1.2. Artist -Means and includes SY RANDALL STUDIO LLC. 1.3. Artwork Design -Means and includes the Preliminary Design of the Work, which is defined in 1.3.a. below. a. 1.3.a. Preliminary Design -Means all developed preliminary drawings , sketches, prototypes, maquettes, models, narrative descriptions, budget estimates, and the like , created by Artist in connection with this Agreement and/or any prior agreement between Artist and City for the Work. 1.4. City-Means the City ofFort Worth. 1.5. Contract Manager -Means and includes the Arts Council of Fort Worth and Tarrant County, Inc., DBA Arts Fort Worth, and/or its officers, directors, and employees. 1.6. Effective Date -Means and includes the date represented in the first paragraph of this Agreement, which shall be the official date of execution of this Agreement. 1.7. Other Project Artist -Means and includes Brenda Ciardiello who is being contracted separately to address a portion of the Site. 1.8 Parties -Means and includes City and Artist. 1.9. 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 review and approval. 1.10. Project-Means and includes 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 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. 1.12. Project Stakeholders -Means and includes the appropriate City Council Member(s), the Project Core Tean1 and the FWAC' s appointed representative and others as may be appropriate. 1.13. Site -Means the street light poles in the median along Chapel Creek Boulevard between Old Weatherford Highway on the south and White Settlement Road on the north, 76108 (Council District 3), as depicted in the attached 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. 2.1. General. ARTICLE2 SCOPE OF SERVICES Agreement with SY RANDALL STUDIO LLC fo r Preliminary Design of Public Artwork for Cha pel Cree l Corridor 2 of30 a) Artist shall perform all services and will furnish all supplies and materials as necessary for developing the Preliminary Design of the Work. 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 , texture and location of the Work, subject to approval by City as set forth in this Agreement. City may request changes to the Preliminary Design from time to time under this Agreement, and Artist will address City's requests. c) Prior to commencing the Preliminary Design, Artists shall meet with and seek input from Project Stakeholders, either in-person or virtually . d) Artist shall coordinate with City Transportation and Public Works staff on safety and engineering requirements the Work. The specific locations at the Site where the Work shall be installed, including the number of street light poles to receive artwork, shall be mutually agreed upon by City and Artist. e) Artist shall select an artist with public art experience from the FWPA Prequalified List of Established Public Artis ts, or selected by Artist for review and approval by Contract Manager, to act as a consu ltant to Artist during this project, as needed. f) 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. g) Artist will meet and coordinate with Contract Manager, 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. h) Artist, upon request of Contract Manager, shall provide information and/or attend meetings with Other Project Artist, to communicate their design concepts and coordinate matters pertaining to the Site . i) Artist shall develop the Preliminary Design within the implementation budget set forth in Article 2.3. j) Artist shall present, in-person, 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 FW AC meeting. The Preliminary Design shall be subsequently shared with City boards or commissions , as appropriate. Agreement w ith SY RANDA LL STUDIO L LC fo r Prel imin ary Design of Pu bli c A rtwork fo r Chape l C ree l Corridor 3 of 30 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 Preliminary Design has been approved by the FWAC. Any potential publicity being sought for the Work, including social media and 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 ", and social media shall include the hashtag #fwpublicart. 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 and after the City's issuance of a purchase order , 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; 11. A narrative description of the Artist's concept, proposed materials , fabrication, and installation methods , timeline for completion and maintenance, and anticipated annual maintenance requirements; 111. Installation diagram , including approximate weight of the Work and proposed installation or attachment method(s); 1v. A Preliminary budget estimate , on the budget form attached hereto as Exhibit "C ," for Final Design and Implementation of the Work in an amount up to $213,949 .00 which includes all costs for materials , engineering, consulting, labor, fabrication , delivery , installation , insurance (City requirements attached hereto as "Exhibit D"), transportation , remaining Artist 's fee of $22 ,838.00 a contingency of $22 ,556.00 , and all other associated costs for the Work . Agreeme nt w ith SY RANDA LL STUDIO LLC for Prelimi nary Des ign of Pu blic Artwork for C ha pe l C ree l Co rr idor 4 of 30 v. 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. All documents, models, and/or drawings will be retained for archival and exhibition purpo ses . (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 Design to the FWAC, Project Core Team , Project Stakeholders, and other community members for review and approval at a regularly scheduled FW AC 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 FW AC, 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 havingjurisdiction over the Site for reasons of safety and security. (d) Artist shall have sixty (60) calendar days from the date City informed Artist of the revision(s) to present the Prel iminary 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 to the Artist per the payment schedule in Article 3 up through the date of termination. (See Article 4.4.d) In such event, Artist =shall 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 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 ofany 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 Design is accepted by City , negotiations for final design of the Work shall commence, which s hall become part of the deliverable under any potential artwork commission contract. ARTICLE3 Agreeme nt with SY RAN DA LL STUDI O L LC fo r Prelimin ary Design o f Publi c Artwork fo r Chape l Cree l Corr ido r 5 of 30 COMPENSATION AND PAYMENT SCHEDULE 3.1. Compensation. Total compensation to Artist under the Agreement shall be in an amount not to exceed ELEVEN THOUSAND SIX HUNDRED TWELVE DOLLARS AND ZERO CENTS ($11,612.00), which shall constitute full compensation for any and all costs associated with the Agreement, including an engineering and consulting fee allowance of up to $4,000.00 , an Artist's fee of $7 ,612.00 and services performed and materials furnished by Artist under this Agreement. Any changes requested by the City shall not require City to pay Artist any additional compensation under this Agreement. Artist and City may amend this Agreement to allow for additional payment if additional services are required. 3 .2 . Payment Schedule (a) City agrees to pay Artist in the following installments set forth below, each installment to represent full and final , non-refundable payment for all services and materials provided prior to the due date thereof: 3.3. 1. ONE THOUSAND DOLLARS AND NO CENTS ($1,000.00) upon execution of this Agreement. ii. TWO THOUSAND DOLLARS AND NO CENTS ($2,000.00) within thirty (30) calendar days after Artist meets with the Project Core Team and other community members at the s ite or meets with them virtually to gather input on the project. iii . TWO THOUSAND DOLLARS AND NO CENTS ($2,000.00) within thirty (30) calendar days after Artist submits all the Preliminary Design Deliverables required under Article 2.3 of this Agreement. iv. ONE THOUSAND DOLLARS AND NO CENTS ($1,000.00) within thirty (30) calendar days after Artist makes a presentation of the Preliminary Design to the FW AC, the Project Core Team and other community members pursuant to Article 2.4(a). v . ONE THOUSAND SIX HUNDRED TWELVE DOLLARS AND ZERO CENTS ($1,612.00) within thirty (30) calendar days after City 's approval of the Preliminary Design . vi . City will provide an allowance of up to FOUR THOUSAND DOLLARS AND NO CENTS ($4,000.00) for engineering and consulting. Such payment shall be made upon receipt of an invoice from Artist with the original invoice (a retainer fee of up to 50% is allowed) for such services attached. Sales Taxes. City is a tax-e xempt 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 Arti st in the fulfillment of this Agreement. 3.4 . Artist's Expenses. Agreement wi th SY RAN DALL STUDI O LLC fo r Prelimin ary Des ign of Pu bli c A rtwork for Chap e l C re e l Corridor 6 of30 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 Artist 's agents, consultants, and/or employees necessary for the proper performance of the services required under this A g reement. ARTICLE4 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 4.3 in accordance with the dispute resolution process set forth in Article 5. If the Partie s 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 termination is for the convenience of City, City shall pay Artist pursuant to the payment provision in Article 3 , and Artist shall continue to provide the City with services requested by City and in accordance with this Agreement up to the effective date of termination. Upon payment in full of all monies due for services provided up to the effective date of termination, City shall have the right, in its sole discretion , to possession and transfer of all work product produced by Artist under this Agreement, including, but not limited to , finished and unfinished drawings, sketches , photographs, models , and designs, up to the effective date of termination , provided that no right to fabricate or execute the Work Ag reeme nt w ith SY RA NDALL STUDIO LLC fo r Preli m inary Des ign of Public Artwork for C hapel C reel Co rri do r 7 of 30 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 equal to all payments (if any) made to the Artist pursuant to this Agreement prior to the effective date of termination. If City chooses to pay Artist, then all work product produced by Artist under this Agreement, including, but not limited to, finished and unfinished drawings, sketches, photographs, models, and designs, up to the effective date of termination shall become property of City. 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 , finjshed 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 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 unfirushed 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 (as per Artist's Preliminary Design) and proper credit and acknowledgement shall be given to Artist. ARTICLE 5 DISPUTE RESOLUTION (a) If either Artist or City has a claim, dispute , or other matter in question for breach of duty, obligations, services rendered or any warranty that arises under this Agreement, the Parties shall first attempt to resolve these issues through this dispute resolution process. The disputing party shall notify the other party in writin g 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 , Agre ement w ith SY RA N DALL STUDIO LLC fo r Preliminary De sig n of Public A rtwo rk for Chape l Cree l Corridor 8 of 30 mail , phone conference, in person meetings, or other reasonable means to resolve any claim, dispute, breach , or other matter in question that may arise out of or in connection with this Agreement. (b) If the Parties fail to resolve the dispute within sixty (60) calendar days of the date of receipt of the notice of the dispute, then the Parties 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 Code, then in effect. Request for mediation shall be in writing and shall request that the mediation commence not less than fifteen (15) or more than forty-five ( 45) calendar days following the date of request, except upon Agreement of the Parties. In the event City and Artists are unable to agree to a date for the mediation or to the identity of a mutually agreed mediator within thirty (30) calendar days following the date of the request for mediation, then all the conditions precedent in this article shall be deemed to have occurred. The Parties shall share the mediator's fee and any filing fees equally. Venue for any mediation or lawsuit arising under this Agreement shall be in Tarrant County , Texas. Any agreement reached in mediation shall be enforceable as a settlement agreement in any court having jurisdiction. No provision of this agreement shall waive any immunity or defense. No provision of this Agreement constitutes consent to sue. If the Parties cannot resolve the dispute through mediation, then either party shall have the right to exercise any and all remedies available under law regarding the dispute. (See Article 4.3) ARTICLE 6 OWNERSHIP AND INTELLECTUAL PROPERTY RIGHTS 6 .1. General. (a) Upon payment in full to Artist or pursuant to the applicable termination provision of this Agreement , the 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. Artist shall retain copyright and other intellectual property rights in and to the Preliminary 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 and publicly display the Preliminary Design and/or Work for any non-commercial purpose whatsoever, except that the Work cannot be reproduced in any three - dimensional form without permission from Artist. For purposes of this limitation , any graphic depiction 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) ln view of the intention that the Preliminary Design and the Work be unique, Artist shall not make any additional exact duplicate reproductions of the Preliminary Design or the Work, nor shall Artist grant permission to others to do so except with the express written permission of City. However, nothing Ag reem ent with SY RANDALL ST UDIO LLC for Prelimin ary De sign of Public Artwork for Chapel Creel Corr idor 9 of30 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 make 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, Artist 's name, Title of Work, All Rights Reserved." (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 such failure prevents City from locating Artist, shall be deemed a waiver by Artist of the right subsequently to enforce these provisions that require the express approval of Artist. Notwithstanding this provision , City shall make every reasonable effort to locate Artist when matters arise relating to Artist's rights. ARTICLE 7 WARRANTIES OF TITLE AND COPYRIGHT (a) Artist represents and warrants that: i. Preliminary Design and/or Work shall be the original product of the Artist 's sole creative efforts ; ii. 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 ; iii. 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 dup licate 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 Agree ment w ith SY RAN DA LL STUDI O LLC for Pre liminary Des ign of Pu bli c Artwork fo r Chapel Cree l Corrido r 10 of30 v1. 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. 9 .1. General Indemnity. ARTICLE9 INDEMNTFICA TION (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, REASONABLE ATTORNEY'S FEES AND COSTS OF DEFENSE), PROCEEDINGS, DEMANDS, DAMAGES, LIABILITIES, AND/OR SUITS OF ANY KIND OR NATURE, INCLUDING, BUT NOT LIMITED TO, THOSE FOR PROPERTY LOSS (INCLUDING, BUT NOT LIMITED TO, WORKERS' COMPENSATION ACT LIABILITY, LOST PROFITS, AND PROPERTY DAMAGE) AND/OR PERSONAL INJURY (INCLUDING, BUT NOT LIMITED TO, DEATH) TO ANY AND ALL PERSONS, OR OTHER HARM FOR WHICH RECOVERY OF DAMAGES IS SOUGHT, OF WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR RESULTING FROM ANY ACTS, ERRORS, OR OMMISSIONS OF ARTIST AND/OR ARTIST'S SUBARTISTS AND CONTRACTORS AND THEIR RESPECTIVE OFFICERS, AGENTS, EMPLOYEES, DIRECTORS, MEMBERS, 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. Agreement wi th SY RANDALL STUDIO LLC for Preliminary Design of Public Artwork for Chapel Creel Corrido r I I of30 (c) Artist shall require all of its subcontractors to include in their subcontracts a release and indemnity in favor of City in substantially the same form as above. 9.2. Intellectual Property. Artist agrees to assume full responsibility for complying with all State and Federal Copyright Laws and any other regulations , including, but not limited to , the assumption of any and all responsibilities for paying royalties that are due for the use of other third party copyrighted works by Artist. City expressly assumes no obligations, implied or otherwise, regarding payment or collection of any such fees or financial obligations. City specifically does not authorize , permit, or condone the reproduction or use of copyrighted materials by Artist without the appropriate licenses or permission being secured by Artist in advance. IT IS FURTHER AGREED THAT ARTIST SHALL RELEASE, DEFEND, INDEMNIFY, AND HOLD HARMLESS CITY FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES, ACTIONS, OR EXPENSES OF EVERY TYPE AND DESCRIPTION, INCLUDING, BUT NOT LIMITED TO, ATTORNEY'S FEES, TO WHICH THEY MAY BE SUBJECTED ARISING OUT OF CITY'S USE OR POSSESSION OF THE WORKS BY REASON OF AN ALLEGED OR ACTUAL COPYRIGHT VIOLATION OR OTHER LACK OF OWNERSHIP, AUTHORSHIP, OR ORIGINALITY. City expressly assumes no obligation to review or obtain appropriate licensing and all such licensing shall be the exclusive obligation of Artist. ARTICLE 10 EQUAL OPPORTUNITY (a) Artist shall not engage in any unlawful discrimination based on race , creed , color, national origin , sex, age, religion , disability , marital status, citizenship status, sexual orientation or any other prohibited criteria in any employment decisions relating to this Agreement, and Artist represents and warrants that to the extent required by applicable laws, it is an equal opportunity employer and shall comply with all applicable laws and regulations in any employment decisions. (b) In the event of Artist noncompliance with the nondiscrimination clauses of this Agreement, this Agreement may be canceled , terminated, or suspended in whole or in part, and Artist may be debarred from further agreements with City. 11.1. Compliance. ARTICLE 11 MISCELLANEOUS 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. Agree me nt w ith SY RANDA LL STUDIO LLC fo r Preliminary Des ign of Pu bli c Artwork fo r Cha pel C ree l Corrid or 12 of30 This writing embodies the entire agreement and understanding between the Parties hereto, and there are no other agreements and understandings , oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. 11.3. Amendments. No alteration, change, modification, or amendment of the terms of this Agreement shall be valid or effective unless made in writing and signed by both parties hereto and approved by appropriate action of City. 11.4. Waiver. No waiver of performance by either party shall be construed as or operate as a waiver of any subsequent default of any terms, covenants, and conditions of this Agreement. The payment or acceptance of fees for any period after a default shall not be deemed a waiver of any right or acceptance of defective performance. 11.5. Governing Law and Venue. If any action, whether real or asserted, at law or in equity, arises on the basis of any provision of this Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas -Fort Worth Division. This Agreement shall be construed in accordance with the laws of the State of Texas. 11.6. Successors and Assigns. Neither party hereto shall assign, sublet, or transfer its interest herein without prior written consent of the other party, and any attempted assignment, sublease, or transfer of all or any part hereof without such prior written consent shall be void. This Agreement shall be binding upon and shall inure to the benefit of City and Artist and their respective successors and permitted assigns. 11.7. No Third-Party Beneficiaries. The provisions and conditions of this Agreement are solely for the benefit of City and Artist, and any lawful successor or assign, and are not intended to create any rights, contractual, or otherwise, to any other person or entity. 11.8. Severability. If any provision of this Agreement shall be held to be invalid, illegal, or unenforceable , the validity, legality , and enforceability of the remaining provisions s hall not in any way be affected or impaired. 11.9. Force Majeure. It is expressly understood and agreed by the Parties to this Agreement that, if the performance of any obligations hereunder is delayed by reason of war; civil commotion; acts of God; inclement weather; governmental restrictions , regulations, or interferences; fires; strikes; lockouts, national disasters; riots; material or labor restrictions; transportation problems ; or any other circumstances which are reasonably beyond the control of the party obligated or permitted under the terms of this Agreement to do or perform the same, regardless of whether any such circumstance is similar to any of those enumerated or not, the Agreement with SY RANDALL STUDIO LLC for Preliminary Design of Public Artwork for Chapel Creel Corridor 13 of30 party so obligated or permitted shall be excused from doing or performing the same during such period of delay , so that the time period applicable to such design or construction requirement shall be extended for a period of time equal to the period such party was delayed. 11 .10. Contract Construction . The Parties acknowledge that each party and , if it so chooses, its counsel, have reviewed and revised this Agreement and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party must not be employed in the interpretation of this Agreement or any amendments or exhibits hereto. 11 .11 . Fiscal Funding Out. If, for any reason , at any time during any term of this Agreement, the Fort Worth City Council fails to appropriate funds sufficient for the City to fulfill its obligations under this Agreement, the City may terminate this Agreement to be effective on the later of (i) thirty (30) days following delivery by City to Artist of written notice of City 's intention to terminate or (ii) the last date for which funding has been appropriated by the Fort Worth City Council for the purposes set forth in this Agreement. 11.12 . Captions . Captions and headings used in this Agreement are for reference purposes only and shall not be deemed a part of this Agreement. 11.13 . Right to Audit. Artist agrees that City will have the right to audit the financial and business records of Artist that relate to the Work (collectively "Records ") at any time during the Term of this Agreement and for three (3) years thereafter in order to determine compliance with this Agreement. Throughout the Term of this Agreement and for three (3) years thereafter, the Artist shall make all Records available to the City at 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 descr ibed 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 Agreement . Agreem ent wi th SY RA NDA LL STUDIO LLC for Prelimin ary De sign of Public Artwo rk fo r Cha pel C reel Corridor 14 of30 11.16. Counterparts and Electronic Signatures. This Agreement may be executed in several counterparts , each of which will be deemed an original , but all of which together will constitute one and the same instrument. A signature received via facsimile or electronically via email shall be as legally binding for all purposes as an original signature. 11 .17. Time Extensions. The Parties may agree, in writing, to extend or modi fy any of the time deadlines set forth in thi s 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 hav e the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. If applicable under thi s 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 A greement 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 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, a s 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 that Artist's signature provides written verification to the City that Artist: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of this Agreement. 11.20 Firearms and Ammunitions Industries. If Arti st is a company with ten (10 ) or more full-time employees and if this A greement 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 . 19 , § I, the City is prohibited from enterin g into a contract for goods or services that has a value of $100 ,000 or more that is to be paid wholly or partl y from public funds of the Agreement w ith SY RAN DA LL ST UD IO LL C fo r Preliminary Des ign of Publi c Artwork for Chapel Cree l Co rr ido r 15 of30 City with a company with IO 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 ag ainst 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 A g reement 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: Copies to: 2 . ARTIST Fernando Costa, Assistant City Manager City Manager's Office City of Fort Worth , Fort Worth City Hall 200 Texas Street Fort Worth, TX 76102-6314 Leann Guzman, City Attorney Office of the City Attorney City of Fort Worth, Fort Worth City Hall 200 T exas Street Fort Worth, TX 76102-6314 Martha Peters, Director of Public Art Arts Council of Fort Worth & Tarrant County, Inc. DBA Arts Fort Worth 1300 Gendy Street F ort Worth, TX 76107 S V RANDALL STUDIO LLC Steven Randall 6003 Ross A venue Da llas , Texas, 75206 Agreement w ith SY RANDA LL ST UDIO LLC fo r Prelim inary Des ign of Pu blic Artwo rk fo r Chapel C ree l Corrid o r 16 of30 (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 SV RANDALL STUDIO LLC b~~~ Agreement with SV RANDALL STUDIO LLC for Preliminary Design of Public Artwork for Chapel Creel Corridor 17 of30 Fernando Costa Assistant City Manager Steven Randall Artist Date: 1/25 /2023 ------------ CONTRACT COMPLIANCE MANAGER B y signing, I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. tlmtetltle,i Name: Anne Allen Title: Public Art Project Manager APPROVED AS TO FORM AND LEGALITY: By ~W- Jessika . illiams AssistanCityAttorney ATTEST: By ~•-~~ City Se etary JA-r\Y\~<- Form 1295: Not Applicable Contract Authorization : No M&C re quired. Ordinance No. 24161-04-2020 OFFICIAL RECORD Cl SECRETARY FT. WORTH, TX Agreement with SV RANDAL L STUDIO LLC for Prelimi nary Design of Pu bli c Artwork fo r Cha pel Cree l Corr ido r I 8 of30 MEETING DATE : PR OJECT NAM E: PRESE NTATIO : Exhibit A: Project Outline JULY 11 , 2022 AGENDA ITT : V.a. C APE L CREE CORRIDOR -~E SEO QTY OF FORT WORTH ART COMMISSION Paplof'4 Approve the Project Ou line fo Chap Q.ee Co rridor Pu li e Art Project ocated etween Ol d W eat erfo d Road a d Wh. e Se leme t So le vard (District 3 ) Chapel Creek Corridor Public Art Project Outlin e Projact M....--AnM Allln Email : Agreement with SY RANDALL STUDIO LLC for Preliminary Des ign of Public Artwork for Chape l Creel Corridor 19 of30 Agreement with SY RANDALL STUDIO LLC for Preliminary De sign of Pu blic Artwork fo r Chapel Creel Corridor 20 of30 P, ES6N . 1 Ort: M:EiEJ ll!Ui FACIUTA o:R:: · peJC'r.e "'1il it 'n; et li.5 Id b!e .onw vi!it. isori"an:tm · an.a;e,r. Arts: Fort , o rt!h 4 1: 101t=ae,amuraan er; aTY a, fOlff' WOllTH MTCCIMMISSIDN Pap3o" em e i , ir itolf t-11 Agreement with SV RANDALL STUDIO LLC for Preliminary De sign of Public Artwork for Chape l Creel Corridor 21 of30 p Project Manager: Anne 1.2m2. :1 , ZOl!Z 2022 . :mu ' :u: aTY Cf l'0IIT WORTH AITCl0MM15111CN ... ,at' CIIZ .or<11dllb~r v.wz2. Pllw:H7..29B.3IWI Agreement with SY RANDALL STUDIO LLC for Preliminary De sign of Pu blic Artwork for Chapel Creel Corridor 22 of30 Exhibit B: Site Chapel Creek Boulevard between Old Weatherford Highway and White Settlement Boulevard, 76123, Council District 3 Proiect Location ,n Community Agreement with SY RANDALL STUDIO LLC for Preliminary Design of Public Artwork for Chapel Cree l Corridor 23 of30 Two Projects in One : Median Agreement with SY RANDALL STUDIO LLC for Preliminary Design of Public Artwork for Chapel Creel Corridor 24 of30 FEES Artis Fee IStud10 overhead, oes· , Adm · ) Engineer Lig ting OUign conseM11 t o Photogr.ipher other Prof essional Fees SUB-TOTAL FEES TRAVEL (Based on GSA Rates} nanspom:io Lodgi ng Per d·em ( eals and i ncidentals) SUB-TOTAL TRAVEt FABRICATIO rtist labor (hou s S per hour) Fa bricator/ubor by Ot rs Re ta (e uip ent, ~b iat ion space , etc.) s or.ige SUB-TOTAL FABRICATIO INSTALLATIO nspo ation o A Permits Site Prepan · n / Rem a on fOOti gs I foundat ions Electrial connections /Mod i ic:ations lnsta er Lab or Eq ipmen Ren al ffic ~on ro secu · Sl.l!·TOTAL I I SURANCE LATI (p oratt!d) Other SI.II-TOT OVERH EAO CONTINGENCY GRAHDTOTAL Agreement with SV RANDALL STUDIO LLC for Preliminary De sign of Publi c Artwork for Chape l Creel Corridor 25 of30 UDGET ARTIST ENT TEMPLATE PROJECT COSTS J di o o ·.·e r hea Des ign, Ad min l ___,... ~n er ;i:ona l fees ts:e,dl o n G SA Rati!:S ) -----~--i==-:----=----~~~--cr ,a,ls.an d i 1i~. -IL J N a t s) 1o ur.s x S 1pe r ho ur j ibor by ot ers. m ent , fabr ication, s pace, etc..j I= RI _ATIO E xhibit C Final De sign a nd Commiss ion Budget Form PROJECT BUDGET ARTIST DEVELOPMENT TEMPLATE ~~;1 LN:5TALLATIO!'-l Tlia.Rsportat· n, of Ac •ark Per m its S'ite Prepara · n,/ !Item 1ation Electr ic C'on.R ections I 1Mod· 1cations. tnsta e r labor Eq, i pment Ren al 1raiffic ,ccmtJr oJ secu rity SUB-TOTAL I NSTALUTIO IN:5URA JIC E Gener i ab ility [pr o:rated j oth.-er SUB-TOTAL. CN , -HIE.A D CiO NTINGENCY ,~ Artist-Held Cont ngenC\f Requ re n Pr imi narv Design Phase GRANDTOTAL Agreement with SY RANDALL STUD IO LLC for Preliminary Desi gn of Public Artwork for Chapel Creel Corridor 26 of30 E xhibit D Ins urance Requirements PUBLIC ART PROJECTS -INSURANCE REQUIREL\IBNTS Artist sh.a llll!et ,3.Il the foilo'l\ring inrur.m.ce reqwre:mmts for this P1:oj ed. If Al1i st s ubconti-ads fabrication, transportati.o~ and.for imtillation .of the Worl:., then Alfut ::;h;all also I'eqllll-e lwlh.er subeontr:ador(s ) to abide , of the fo llowing insurance .requi:remenh. CommeFCfal Cenel'ai llibili~-(CGL) S 000,000 000,0 00 Each occun-enoe Aggregate limit Covenge shall include, but not be limited to ihe following: p~ operations, independent contractor.., p.rodnctsfc omp efed operations , penonal iajmy, and contl'a l iability. lmuranee diill be pro ;ided on an ooe:urrenoe basis :md be as comprehens · re .as the current lnruranc_e Sen"ic:e s Offic.e (ISO) policy. The po ·cy s.1ull name C ity a:; m additio Ul5WM. The :inl.md marine policy s prov-ide pe1' oocurrence co..-enge at replaOl!llll!lnf eorl value based on the test appraised v alue of the Arlv.rork which :is entrusted to the Artist and is considered to e in the .~t's care, custody and! conb:'o] and sh.all include property "'i n transit " Automobile Li:ibility S 00 0 ,000 01' .-50,000, ss ooooo S 0 0000 Each attident Bodily In "my per per-...o :Bodily Inj my per occurrence Property Damage A comme:rcial business policy sh.all provide co.erage on "Aiiy Auto • efinttd as autos owned, hired and non.-o'l\-ned. For Artist ,an or A.rfut s Subconb:'actors who ha\"e emp oyees: Worlm:s' Compensation fa tu tol'y ili:mits Employer' liabili~- 0 0 000 Each attide occUffl!.llce 0 0 0 0 Disease -per each emp loyee SS OO 0 0 0 :Bodily Inj urylDiseJ:Se -policy limit Wodters' Co:mpens;.rtion co1."t!T.Jge sh a proride limits consistent 'lliifu statutory bene:fits outlined i n 'Texas woikers ' Compensation Act (Al &308 -.0 . etseq. Te~. Rev. Civ. Stat.). GEi'.\"ERAL .POLICY REQORE.l\fEi'.\T . T he certificate ofinsuran<:e shal!JJ include an endorn!m!!nt naming the City of Fo1 Wo1th, it.' Offic:e:rs , Em;> oyee::. and Volunteers a:s an "Additional Jmured" on al'.! liability pol"cies.. Exc.e?'fion ... the addihoml insured.requirement d.oe !>no apply to Wo:rke:rs ' Compensation or Automobile ·polic:·e s.. Agreement with SV RANDALL STUDIO LLC for Preliminary Design of Public Artwork for Chapel Creel Corridor 27 of30 Artist is respolll!able for pro,iding; the City a dmty day (30) notice of cancelbtion oc non-renewal •of any insurance policy and may not .c1:wige the tenm and ronmti= of any policy that w d limit she scope o.r co,;.-e.rage., or othemiisec alter or dis.al.low cm;-erage as require herein. Waiver of rights of reco,;·ezy (rubrogatio in favor of City off ort Worlh .. The insurer!;, for policies must be license,d/app~-e o co business i.o e State •of Texa.s. • imurei~ must ba,-e a minimum raring of A-VIl in the cimem A . , L Best Key R.ating Guide or have reaisom " y equii.ral.ent fin.m · ~and• vency o lhe rui;;faction of Risk hnagemeDf. Iftbe rating is e ow dut requu-ea,. written appro,,; of Rid Malugement: · • required. If insw:ance policies are not _..,ritten for specified coverage, limits, an mbl'.i a. or E.-..cess Liability ins a= for any diffei-mces is require Excess Liability :;hall fo w form. of the primary co,·enge. 'Unlss. otherwise stated, all required insurance shall be written on an ·'occurren<:1! basis. ' The eductili •or ~elf-insw:ed. retemioo (SIR) affecting; required msm3illCe ccn,-erage sliall be accept.ab e to .and approved in writing by the Risk Manager of City of fort 1\iorth m reprds o asset value and :s ockho dei-s' equity. lieu of ira.d!iticmal imu:rance alteillati\--e co.·erage mainbi.oed through insui= poo or risk retemion groups, must abo· approved by City's Risk Manager. City , at its :;ole di:.;cretion, re:-erYes the right o n,:i.ew the insurance requirement. and to make re,a:;onable adjustmeDl'S to i.n.mrmce co\·enges and their limib when deemed neees:sacy and prudent by Ci.t;r based. upon changes m sbtufoi:y law, court decision or tne • , am bis ory of the indusuy as well as ,of die. contracting pa:11y to C ity ofF ort Worth.. City shall be required to provide prior notice of ninety days. City sha be entitled, uponreq ec,-t ~ v. ·di.out expense, to recm-e copies -of policies and endorn!llleilts thereto .md may make m y rea.sona requests for ele6on or revmon or modifi.can.ons of particull!!l policy terms, conditions, limitations,. or ei.:dusion:. ei.:cept where policy provi :iions are establi:med by •or regulations binding upon~· di.er of pairty OJ' the UD.12m'Jlter on my ~ .ch policir Agreement with SV RANDALL STUDIO LLC for Preliminary Design of Public Artwork for Chapel Creel Corridor 28 of30 Exhibit E Sales Tax Exemption Agreement with SV RANDALL STUDIO LLC fo r Preliminary Design of Pub! ic Artwork for Chapel Creel Corridor 29 of30 f.?I J.!t 0 1-339 (Bocl<I ~ _, (R.v.4-1 3'8) Texas Sales and Use Tax Exemption Certification This certificate does not require a number to be valid. Name olpurc:l>aser. tifm or- City of Fort Worth, Texas Address (Slteet & number. P. o. eo, or Roule numbe,J I Phone (Area code and numbe,/ 200 Texas Street 817-392-8517 City, Sla le, ZIP code Fort Worth , Texas 76102 I, the purchaser named above , claim an exemption from payment of sales and use taxes (for the purchase of taxable items described below or on the attached order or invoice) from: Seller: All Vendors Street address: __________________ City, State , ZIP code: ___________ _ Description of items to be purchased or on the attached order or invoice : All items . Purchaser acknowledges that this Certificate cannot be used fo r the purchase, lease or rental of a motor . Purchaser cla ims this exemption for the following reason : Municipal ity , Governmental Entity I understand that I will be liable for payment of all state and local sales or use taxes which may become due for failure to comply with the provisions of the Tax Code and/or all applicable law. I unders tandthat ilisacriminaloffense to give an exemption certificate to the sellerfortaxab/e ltem s thatl know, at the timaofpurchase, Will be used in a manner otherlhan that expressed in th is certificate, and depending on the amount of tax evaded, the offense may renge from a Class C misdemeanor to a felony of the second degre e. ~~~ ► Purchaser ;1, __________ _ 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 .wu send the completed certificate to the Comptroller of Public Accounts. Agreeme nt with SV RANDALL STUDI O L L C for Preliminary De sign of Publ ic Artwork for Chape l C ree l Corridor 30 of30 FORT WORTH Routing and Transmittal Slip PLANNING AND DATA ANALYTICS -FWPA ------------ Depa rt men t TITLE: CHAPEL CREEK SV RANDALL STUDIO LLC PRELIMINARY DESIGN CONTRACT CPN CSO# DOC# DATE: TO: INITIALS DATE OUT 1. Jessika Williams JJW 2/21/23 2 . Fernando Costa ~ z1:u/2a2,3 3 . Janette Goodall 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: X Yes No SAME DAY: D Yes No NEXT DAY: □ Yes □ No ROUTING TO CSO: X Yes D 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 call Anne Allen at 817-298-3028 or at 817-637-7388 (aallen@artsfortworth.org) for pick up when completed . Thank you . ~~~;t~ R~C~E) fE5. 22 =·22 A~~1~_:(;0