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HomeMy WebLinkAboutContract 60580CITY SECRETARY �-''R.ACT NO. G o is K o AGREEMENT BETWEEN THE CITY OF FORT WORTH AND IGNITION ARTS, LLC, FOR REVISED FINAL DESIGN OF THE STOP SIX PUBLIC ART PROJECT This Agreement is entered into by and between the City of Fort Worth ("City"), a home -rule municipal corporation of the State of Texas, acting by and through Fernando Costa, its duly authorized Assistant City Manager, and Ignition Arts, LLC, an Indiana limited liability company, located at 5868 E. 71st Street, Suite E220, Indianapolis, IN, 46220 acting by and through Brian McCutcheor4 its duly authorized representative. 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, on April 19, 2021, the Fort Worth Art Commission ("FWAC") approved a Final Design of a public artwork, titled The Last Train by Sedrick Huckaby ("Artist"), to be installed at the Original Site in the traffic triangle at the intersection of Stalcup Road and Ramey Avenue, 76112, attached as Exhibit "A". WHEREAS, immediately after the FWAC's approval of the Final Design, Artist's fabricator withdrew from the project due to significant cost increases from COVID-19 pandemic -induced inflation, putting the project on hold until another qualified fabricator and additional funds could be identified; WHEREAS, on Iune 27, 2023, Fort Worth City Council authorized exchanging unexpended project funds from Older Debt Proceeds with General Capital Project Fund; and authorized reallocating Unspecified Public Art Funds to this project to offset inflationary cost increases for this project (M&C 23-0521); WHEREAS, on September 25, 2023, the Fort Worth Art Commission approved relocating the project from the Original Site to nearby Bunche Park ("New Site") wish offers safer pedestrian access, and approved Artist's selection of Ignition Arts, LLC (the "Implementation Artist") to revise Artist's final design, and upon City approval, fabricate and install the artwork; WHEREAS, this project is included in the Fort Worth Public Art Fiscal Year 2024 Annual Work Plan, adopted by the Fort Worth City Council on October 17, 2023, as M&C 23-0844; Agreement for Revised Final Design of Public " "' " 1 of 27 Artwork between the City of Fort Worth and Ignition Arts, LLC OFFICIAL REC®R� Execution Copy CITY SECRETARY FT. WORTH, TX CSO EC'D DEC 0 '23 Gm4:35 WHEREAS, under this agreement Implementation Artist shall, in consultation with Artist, provide a Revised Final Design based upon Artist's approved Final Design adjusted to fit within the New Site and the current implementation budget; WHEREAS, City and Artist wish to set out the terms and conditions under which said consultation with Implementation Artist shall be conducted. NOW, THEREFORE, City and Implementation 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 ofFort Worth and Ignition Arts, LLC for Revised Final Design of public artwork for the New Site. 1.2. Artist — Means and includes Sedrick Huckaby. 13. Artwork Design — Means and includes Artist's approved Final Design of the Work for the Original Site, created in connection with the Final Design Agreement dated on July 30, 2015, (City Secretary Contract No. 46895), as amended on April 4, 2016 (City Secretary Contract No. 46895-A1), and as amended on September 17, 2019 (City Secretary Contract No. 46895-A2), and includes, but is not limited to, all final drawings, sketches, prototypes, maquettes, models, and the like that were created by Artist in connection with the Final Design Agreement. Artist's Final Design and description are attached hereto as Exhibit "A," and incorporated herein for all purposes. 1.4. Contract Manager — Means and includes the Arts Council of Fort Worth and Tarrant County, Inc., DB/A Arts Fort Worth and/or its officers, directors, or employees. 1.5. City — Means and includes the City of Fort Worth, Texas. 1.6. Effective Date — Means and includes the date this Agreement is executed by the City. 1.7. Implementation Artist — Means and includes Ignition Arts, LLC. 1.8. New Site — Means and includes Bunche Park, located at 5600 Ramey Avenue, Fort Worth, TX, 76119, which is more particularly described in Exhibit "B," attached hereto and incorporated herein by reference for all purposes. 1.9. Original Site — Means and includes the traffic triangle located at the intersection of Stalcup Road and Ramey Avenue, 76112, described in Exhibit "B," and attached hereto and incorporated herein by reference for all purposes. 1.10. Parties — Means and includes City and Implementation Artist and/or their heirs, executors, administrators, legal representatives, successors, agents, subartists, contractors, and assigns. Agreement for Revised Final Design of Public 2 of 27 Artwork between the City of Fort Worth and Ignition Arts, LLC Execution Copy 1.11. Project — Means and includes the capital improvement/public art development undertaking of City for which Implementation Artist's services are to be provided pursuant to this Agreement. 1.12. Project Stakeholders —Means and includes the appropriate City Council Member(s), members of the community, the FWAC's appointed representative, and others as may be appropriate. 1.13. Revised Final Design — Means and includes revisions that shall be made by Implementation Artist to Artwork Design, in consultation with Artist, to align Work with budget and site requirements. 1.14. Work — Means and includes the finished object(s) of art and design that are the subject of this Agreement, or any intermediary stage of completion of such work. ARTICLE 2 SCOPE OF SERVICES AND DELIVERABLES 2.1. Imc�lementation Artist Selection. On September 25, 2023, FWAC approved Artist's selection of Implementation Artist based on their qualifications and is the basis for executing this Agreement. 2.2. Scone of Services. Under this agreement. Implementation Artist shall provide the following services: a. Implementation Artist shall perform all services and shall furnish all supplies, materials, and equipment as necessary for revising the Approved Final Design to fit the site requirements- and available budget. Services shall be performed in a professional manner and in strict compliance with all terms and conditions in this Agreement. b. Implementation Artist understands and acknowledges that City has acquired the Artwork Design (excluding any ownership rights in and to the copyright) from Artist for the purpose of hiring Implementation Artist to revise the Artwork Design to fit the New Site and the available budget and, upon City approval, be placed under a Commission Contract to fabricate, deliver, and install the Work at the New Site. C. To ensure the integrity of the Artwork Design during the design revision process, Implementation Artist shall coordinate/consult with the Artist. i. Implementation Artist shall communicate with the Artist at intervals during the design revision process to discuss the Artwork Design and the Artist's expectations for the Work. ii. Implementation Artist and Artist shall reach agreement on Artist's Fee for producing original artwork to be applied to exterior of the Work during fabrication and/or installation, to preserve the integrity of the Artist's concepts and goals for the Work while keeping the project within budget. Agreement for Revised Final Design of Public 3 of 27 Artwork between the City of Fort Worth and Ignition Arts, LLC Execution Copy iii. If any disputes arise between the Artist and the Implementation Artist as to the Revised Final Design, then Implementation Artist must seek to resolve those issues through the Contract Manager first. d. Implementation Artist shall determine the scope, material, and texture of the Work, in consultation with Artist, subject to review and acceptance by City as set forth in this Agreement. The exact location at the Site where the Work has been mutually agreed upon by City, Artist and Implementation Artist. e. Implementation Artist, upon request of Contract Manager, shall provide information and/or attend meetings with appropriate City staff for purposes of risk assessment, safety review, sighting of the Work, and permitting. f. In order to maintain the integrity of the City of Fort Worth's public art process, for the duration of the Agreement, if Implementation Artist intends to seek his/her own publicity for the Work, including publication of the artwork design on Implementation Artist's website or social media, such efforts must be approved, in advance, by Contract Manager, and shall credit the City of Fort Worth substantially in the following form, "an original artwork designed by Sedrick Huckaby and in the public art collection of the City of Fort Worth, Texas" and shall include the hashtag "#fwpublicart." 2.3. Revised Final Desisan Deliverables. a. Within three (3) months after the execution of this Agreement, Implementation 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. Deliverables for the Work shall consist of the following: (1) Detailed, design illustrations of the Work for the Site, 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; (2) A wrilten narrative of the Work, describing the following: (1) timeline for completion; (2) proposed materials, fabrication, and installation methods for all elements of the Work, including information regarding subcontractor(s), if any, for the Work; (3) maintenance requirements for all elements of the Work as dictated by Implementation Artist, along with cost estimates for annual maintenance; (3) A detailed budget, on the budget form attached hereto as "Exhibit C," for implementation of the Work in an amount not to exceed $339,600.00, reflecting total costs and inclusive of a contingency of $18,680.00, all engineering not covered under this agreement, and consulting, travel, Artist's fee for creating artwork for the exterior of the Work, materials, labor, fabrication, transportation, construction, insurance, installation, and all associated costs for the Work under this Agreement; and Agreement for Revised Final Design of Public 4 of 27 Artwork between the City of Fort Worth and Ignition Arts, LLC Execution Copy (4) Comprehensive working drawings, detailing the means of installing all elements of the Work on the Site, together with other such graphic material to permit City to carry out structural design review. Professional Liability Insurance is required in all circumstances for on -site artwork requiring engineering and/or architectural services. City will conduct a review of structural design and other related graphic material prior to installation of the Work. Upon City's request, drawings must be signed and stamped by an engineer and/or architect licensed to work in the State of Texas. Implementation Artist shall provide the Contract Manager a certificate of insurance for each licensed professional and provide City with at least thirty (30) calendar day notice of cancellation of any policy required hereunder. 2.4. Artwork Design Review. a. Upon completion and submission of the Revised Final Design Deliverables and acceptance by Contract Manager, Implementation Artist shall present the Revised Final Design to the FWAC for joint review with Project Stakeholders at a regularly scheduled FWAC meeting. The Revised Final Design shall subsequently be shared with City boards or commissions, as appropriate. b. City shall notify Implementation Artist of its approval, or disapproval, of the Revised Final Design, either in whole or in part, within thirty (30) business days of Implementation Artist's presentation to the FWAC. c. If City disapproves of the Revised Final Design, either in whole or in part, then City shall inform Implementation Artist in writing of each revision to be made to the Revised Final Design. City may require Implementation Artist to make such revisions to the Revised Final Design as City deems necessary in, its sole discretion. d. Implementation Artist shall have up to thirty (30) calendar days from the date City informed Artist of the revision(s) to present the resubmitted Revised Final Design in conformance with City's requirements. e. If City disapproves of the resubmitted Revised Final Design, any further Revised Final 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 and services rendered per the payment schedule in Article 3 up through the date of termination. f. Upon City's approval of the Revised Final Design, any revisions made to a City -approved Revised Final Design shall become part of the Revised Final Design. Implementation Artist shall incorporate any City -approved revisions into the Revised Final Design in conformance with City's requirements. g. If Implementation Artist's Revised Final Design is approved by City, then Implementation Agreement for Revised Final Design of Public S of 27 Artwork between the City of Fort Worth and Ignition Arts, LLC Execution Copy Artist's Revised Final Design shall be incorporated into this Agreement as an addendum and shall become the basis for entering into a subsequent Artwork Commission Agreement. h. Upon City's approval of the Revised Final Design, Implementation Artist shall provide the Revised Final Design presentation materials to the Contract Manager to become part of the City of Fort Worth Public Art archive owned by City. These documents, models, and/or drawings for the work performed under this Agreement will be retained for archival and exhibition purposes. Implementation Artist's Revised Final Design and all other work products related to this Agreement shall become the property of City. ARTICLE 3 COMPENSATION AND PAYMENT SCHEDULE 3.1. Compensation. Total compensation to Implementation Artist under the Agreement shall be in an amount not to exceed 1 riltciR—If-ONE THOUSAND DOLLARS AND NO CENTS ($31.000.00), which shall constitute full compensation for any and all costs associated with the Agreement, including Implementation Artist's fee of $25,000.00 and an engineering and consulting fee allowance of up to $6,000.00. Any changes requested by the City shall not require City to pay Implementation Artist any additional compensation under this Agreement. Implementation Artist and City may amend this Agreement to allow for additional payment if additional services are required. 3.2. Pavment Schedule City agrees to pay Implementation 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: a. TEN THOUSAND DOLLARS AND NO CENTS ($10,000.00) upon execution of this Agreement. b. FIVE THOUSAND DOLLARS AND NO CENTS ($5.000.00) upon submittal of Revised Final Design deliverables to Contract Manager. C. FIVE THOUSAND DOLLARS AND NO CENTS ($5.000.00) within thirty (30) calendar days after Artist makes a presentation of the Revised Final Design to the FWAC and Project Stakeholders pursuant to Article 2.4(a). d. FIVE THOUSAND DOLLARS AND NO CENTS ($5.000.00) upon FWAC approval of Revised Final Design. e. City shall provide an allowance of up to SIX THOUSAND DOLLARS AND NO CENTS ($6,000.00) 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. Agreement for Revised Final Design of Public 6 of 27 Artwork between the City of Fort Worth and Ignition Arts, LLC Execution Copy 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 Work. City shall supply Implementation Artist with the "Texas Certificate of Exemption," in substantially the same form as that attached hereto as Exhibit "D" for use by Implementation Artist in the fulfillment of this Agreement. 3.4. Implementation Artist's Expenses. Implementation Artist shall be responsible for the payments of all expenses incurred during the performance of this Agreement, including, but not limited to, services, materials, mailing/shipping charges and insurance on submissions to City and/or Contract Manager, cost of all travel, and costs for Implementation Artist's agents, contractors, subcontractors, consultants, and/or employees necessary for the proper performance of the services required under this Agreement. ARTICLE 4 TERM AND TERMINATION 4.1. Term. This Agreement shall be in effect from the Effective Date, and, unless terminated earlier pursuant to such provisions in this Agreement, shall extend until final payment to Artist by City. 4.2. Gratuities. City may cancel this Agreement if it is found that gratuities in the form of entertainment, gins, 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 the award, execution, or 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 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 at least thirty (30) calendar days before termination. Agreement for Revised Final Design of Public 7 of 27 Artwork between the City of Fort Worth and Ignition Arts, LLC Execution Copy (b) If termination is for the convenience of City, City shall pay Implementation Artist pursuant to the payment provision in Article 3, and Implementation 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 Implementation Artist under this Agreement, including, but not limited to, finished and unfinished drawings, sketches, photographs, models, and designs, up to the effective date of termination. In such event,, Implementation 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 Implementation 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 Implementation 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 Implementation Artist and if such termination occurs after Artist's submittal of Revised Final 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 Implementation 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 Implementation Artist under this Agreement, including, but not limited to, finished and unfinished drawings, sketches, photographs, models, and designs, up to the effective date of termination. In such event, Implementation Artist will be compensated for any services performed and expenses incurred but not yet paid under the Payment Schedule. 4.5. Incaaacity or Dissolution of Implementation Artist. (a) In the event of the dissolution of Implementation Artist or Implementation Artist's death or Implementation Artist becoming physically or legally incapacitated during the tern of this Agreement, City shall have the right to terminate this Agreement on payment to Implementation Artist or Implementation Artist's successors for all work and services performed prior to dissolution, death or incapacity. All work product produced by Implementation 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. Agreement for Revised Final Design of Public 8 of 27 Artwork between the City of Fort Worth and Ignition Arts, LLC Execution Copy (b) Should Implementation Artist's Revised Final 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 Approved Final Design) and proper credit and acknowledgement shall be given to Artist. .ARTICLE 5 DISPUTE RESOLUTION Ifeither Implementation 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 parry's specific reasons for such dispute. Within ten (10) business days of receipt of the notice, both parties shall make a good faith effort, either through email, mail, phone conference, in person meetings, or other reasonable means to resolve any claim, dispute, breach, or other matter in question that may arise out of or in connection with, this Agreement. If the Party fails 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 ofthe 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 Artist are unable to agree to a daze for the mediation or to the identity of a mutually agreed upon 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. 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. ARTICLE 6 OWNERSHIP AND INTELLECTUAL PROPERTY RIGHTS 6.1. Title. Title to the Work, including, but not limited to, all documents, models, and/or drawings that constitute or are components of the Work shall pass to City upon Final Acceptance and payment for the Work. These Agreement for Revised Final Design of Public 9 of 27 Artwork between the City of Fort Worth and Ignition Arts, LLC Execution Copy documents, models, and/or drawings will be retained for archival and exhibition purposes. The Work and all other work products under this Agreement shall become the property of City, without restriction on future use, except as provided below. 6.2 Convriuht. The parties agree that the Work fabricated pursuant to this Agreement shall be a work made for hire within the meaning of the Copyright Act of 1976, as amended; the parties agree the Artist and/or the copyright claimant grant to Implementation Artist only that right and license to fabricate the Work, including, but not limited to, as a reproduction or as a derivative work, and Implementation Artist hereby irrevocably assigns and agrees to assign and transfer any and all right, title, and interest in any copyright resulting from the fabrication of the Work, including, but not limited to, as a reproduction or as a derivative work, throughout the world for the entire term of copyright to Artist or copyright claimant. Implementation Artist agrees to sign and execute any documents reasonably required to effectuate the purposes of this provision, and further, Implementation Artist grants to Artist or copyright claimant by execution of this Agreement the specific power of attorney and to act as attorney in fact to execute an assignment or other documents on behalf of Implementation Artist reasonably necessary to transfer and assign any copyright accruing to Implementation Artist and the right to register the copyright in Artist's or copyright claimant's own name. Further, should any rights arise pursuant to the Visual Artists Rights Amendment to the Copyright Law of the United States, Implementation Artist specifically waives all rights in the Work specifically for the Work being fabricated and produced for the Site as intended, which may arise or be conferred by subsection (A) of Section 106A of the United States Copyright Act, 17 USC Section 101, et sec.,; all rights of copyright in the underlying work, specifically including, but not limited to, the Artwork Design, maquettes, models, drawing, or other documentation shall remain with the Artist or copyright claimant. 6.3. Reroduction Rights. In view of the intention that the Work be unique, Implementation Artist shall not make any additional exact duplicate reproductions of the Artwork Design or the Work, except with the express written permission of City and Artist. 6.4. Implementation Artist's Address. Implementation Artist shall notify City of changes in Implementation 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 Implementation Artist. Notwithstanding this provision, City shall make every reasonable effort to locate Implementation Artist when matters arise relating to Artist's rights. Agreement for Revised Final Design of Public 10 of 27 Artwork between the City of Fort Worth and Ignition Arts, LLC Execution Copy ARTICLE 7 IMPLEMENTATION ARTIST AS AN INDEPENDENT CONTRACTOR Implementation Artist shall perform all work and services hereunder as an independent contractor, and not as an officer, agent, servant, or employee of City. Implementation 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 Implementation Artist, hiAer officers, agents, employees, or subcontractors, and the doctrine of respondeat superior has no application as between City and Implementation Artist. ARTICLE 8 INDEMNIFICATION. 8.1. Indemnity i. IMPLEMENTATION ARTIST COVENANTS AND AGREES TO AND DOES HEREBY INDEMNIFY, HOLD HARMLESS, AND DEFEND, AT ITS OWN EXPENSE, CITY FROM AND AGAINST ANY AND ALL CLAIMS, LAWSUITS, JUDGMENTS, ACTIONS, CAUSES OF ACTION, LIENS, LOSSES, EXPENSES, COSTS, FEES (INCLUDING, BUT NOT LIMITED TO, ATTORNEY'S FEES AND COSTS OF DEFENSE), PROCEEDINGS, DEMANDS, DAMAGES, LIABILITIES, AND/OR SUITS OF ANY KIND OR NATURE, INCLUDING, BUT NOT LIMITED TO, THOSE FOR PROPERTY LOSS (INCLUDING, BUT NOT LIMITED TO, WORKERS' COMPENSATION ACT LIABILITY, LOST PROFITS, AND PROPERTY DAMAGE) AND/OR PERSONAL INJURY (INCLUDING, BUT NOT LIMITED TO, DEATH) TO ANY AND ALL PERSONS, OR OTHER HARM FOR WHICH RECOVERY OF DAMAGES IS SOUGHT, OF WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR RESULTING FROM ANY ACTS, ERRORS, OR OMISSIONS OF IMPLEMENTATION ARTIST AND ITS EMPLOYEES AND IMPLEMENTATION ARTIST'S SUBARTISTS OR CONTRACTORS OR THEIR RESPECTIVE OFFICERS, AGENTS, EMPLOYEES, DIRECTORS, MEMBERS, PARTNERS, OR REPRESENTATIVES IN CONNECTION WITH THE EXECUTION, PERFORMANCE, ATTEMPTED PERFORMANCE, OR NONPERFORMANCE OF THIS AGREEMENT. Agreement for Revised Final Design of Public 11 of 27 Artwork between the City of Fort Worth and Ignition Arts, LLC Execution Copy ii. Implementation 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 Implementation Artist in connection with or incidental to performance under this Agreement. iii. Implementation 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. b. Intellectual Provertv Implementation Artist agrees to assume full responsibility for complying with all State and Federal Copyright Laws and any other regulations. ARTICLE 9 EOUAL OPPORTUNITY a. Implementation Artist shall not discriminate against any employee or applicant for employment because of age, disability, race, color, religion, sex, sexual orientation, national origin, familial status, transgender, gender identity, or gender expression. Implementation Artist shall take affirmative action to ensure that employees are treated equally during employment, without regard to their age, disability, race, color, religion, sex, sexual orientation, national origin, familial status, transgender, gender identity, or gender expression. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, transfer, recruitment or pay or other forms of compensations, and selection for training, including, but not limited to, apprenticeship. Implementation Artist agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the City setting forth the provisions of this nondiscrimination clause. b. Implementation Artist shall, in all solicitations or advertisements for employment placed on or on behalf of the Implementation Artist, state that all qualified applicants shall receive consideration for employment without regard to race, color, religion, sex, sexual orientation, national origin, familial status, transgender, gender identity, or gender expression. C. Implementation Artist shall furnish all information and reports requested by City, and shall permit access to its books, records, and accounts for purposes of investigation to ascertain compliance with this Article. d. In the event of Implementation Artist's noncompliance with the nondiscrimination clauses of this Agreement, this Agreement may be canceled, terminated, or suspended and Implementation Artist may be debarred from further agreements with the City. Agreement for Revised Final Design of Public 12 of 27 Artwork between the City of Fort Worth and Ignition Arts, LLC Execution Copy ARTICLE 10 MISCELLANEOUS 10.1. Compliance. Implementation Artist shall comply with all federal, state, and local statutes, ordinances, and regulations applicable to the performance of Implementation Artist's services under this Agreement. 10.2. Entire Agreement. This writing embodies the entire agreement and understanding between the Parties hereto, and there are no other agreements or understandings, oral or written, with reference to the subject matter hereof. 10.3. 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. 10.4 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. 10.5 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. 10.6 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. 10.7 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. 10.8 Severabilitv. If any provision of this Agreement shall be held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired. 10.9 Force Maieure. AgreemenLfor Revised Final Design of Public 13 of 27 Artwork between the City of Fort Worth and Ignition Arts, LLC Execution Copy 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; fines; strikes; lockouts; national disasters; riots; material or labor restrictions; transportation problems; or any other circumstances which are reasonably beyond the control of the party obligated or permitted under the terms of this Agreement to do or perform the same, regardless of whether any such circumstance is similar to any of those enumerated or not, the party so obligated or permitted shall be excused from doing or performing the same during such period of delay, so that the time period applicable to such design or construction requirement shall be extended for a period of time equal to the period such party was delayed. 10.10 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. 10.11 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) calendar days following delivery by City to Implementation 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. If the Agreement is terminated due to insufficient funds, City shall pay Implementation Artist for services and expenses actually rendered up to the effective date of termination in accordance with the payment schedule in Article 3. 10.12 Captions. Captions and headings used in this Agreement are for reference purposes only and shall not be deemed a part of this Agreement. 10.13 Right to Audit. Implementation Artist agrees that City will have the right to audit the financial and business records of Implementation 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, Implementation 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 Agreement for Revised Final Design of Public 14 of 27 Artwork between the City of Fort Worth and Ignition Arts, LLC Execution Copy with the City during any audit. Implementation -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 above. 10.14 Certified MBE/VVBE. If applicable, Implementation 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. 10.15 Survival Provision. The provisions contained in Articles 6 (Ownership and Intellectual Properly Rights), 7 (Implementation Artist as Independent Contractor), 8 (Indemnity and Release Provisions), 10.13 (Right to Audit) shall survive the termination or expiration of this Agreement. 10.16 Counterparts and Electronic Sienatures. 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. 10.17 Time Extensions. The Parties may mutually agree, in writing, to extend or modify any of the time deadlines set forth in this Agreement. 10.18. Israel. If Implementation Artist is a company with ten (10) or more full-time employees and if this Agreement is for $100,000 or more, Implementation 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, by signing this Agreement, Implementation Artist certifies that Implementation Artist's signature provides written verification to the City that Implementation Artist. (1) does not boycott Israel, and (2) will not boycott Israel during the term of the Agreement. 10.19. Enerev Companies. If Implementation Artist is a company with ten (10) or more full-time employees and if this Agreement is for $100,000 or more, Implementation 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 Agreement for Revised Final Design of Public 15 of 27 Artwork between the City of Fort Worth and Ignition Arts, LLC Execution Copy 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, Implementation Artist certifies that Implementation Artist's signature provides written verification to the City that Implementation Artist. (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of this Agreement 10.20. Firearms and Ammunitions Industries. If Implementation Artist is a company with ten (10) or more full-time employees and if this Agreement is for $100,000 or more, Implementation 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, Implementation Artist certifies that Implementation Artist's signature provides written verification to the City that Implementation Artist. (1) does not have a practice, policy, guidance, or directive that discriminates against a f rearm 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 11 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 Copies to: Leann Guzman, City Attorney Office of the City Attorney Agreement for Revised Final Design of Public 16 of 27 Artwork between the City of Fort Worth and Ignition Arts, LLC Execution Copy City of Fort Worth 200 Texas Street, Third Floor Fort Worth, Texas 76102 Martha Peters, Director of Public Art Arts Council of Fort Worth & Tarrant County, Inc. 1300 Gendy Street Fort Worth, Texas 76107 2. IMPLEMENTATION ARTIST Brian McCutcheon Ignition Arts LLC 5868 E. 71' Street, Suite E220 Indianapolis, IN, 46220 Agreement for Revised Final Design of Public 17 of 27 Artwork between the City of Fort Worth and Ignition Arts, LLC Execution Copy IN WITNESS HEREOF, the Parties hereto have executed this Agreement as of the Effective Date. CITY OF FORT WORTH by: Fernando Costa Assistant City Manager Date: 121100.23 IGNITION ARTS, LLC. by: - Brian McCutcheon Date: ` N �� r Q 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: Anne Allen Title: Public Art Project Manager APPROVED AS TO FORM AND LEGALITY: i qua Trey ualls Assistant City Attorney ATTES D BY: e6te Goodall /an ity Secretary Form 1295 Not Required Contract Authorization: M&C -No M&C Required Agreement for Revised Final Design of Public Artwork between the City of Fort Worth and Ignition Arts, LLC 18 of 27 OFFICIAL RECORD CITY SECRETARY FT, WORTH, TX Exhibit A: Approved Final Design Narrative Description Fort Worth artist Sedrick Huckaby's design for an artwork for the Stop Six Traffic Triangle is titled The Last Train. The traffic triangle at Ramey and Stalcup in the Stop Six neighborhood will be transformed into a place to gather. The artwork commemorates the history of the neighborhood as the sixth stop of the interurban rail system. In the center of the space there will be a re-creation of a classic interurban train car, sitting on a simulated train track in the center of a small paved plaza (proposed plaza if budget allows). Figures — ambiguous portraits of members of the community — will be rendered by the artist onto the exterior of the train. The train will be the centerpiece of the welcoming space, a coppery "dazzling, shimmering wonder." During the day its golden appearance will speak to the community's hopes for the future. During the evening, lights from within the train will give it a warm, inner glow. The artist intends the train to symbolize a spiritual chariot that has arrived to take earthly citizens to a heavenly place. "There will also be a procession of figures drawn on the exterior of the train The figures will be conversing chanting and slowlyproceeding forward in a fluid motion. Although naturalistic in appearance the figures will be created with loose gestural marks. The figures are composed so that the heads are framed by the glowing windows. " - Sedrick Huckaby Early Concept Drawings from Artist Agreement for Revised Final Design of Public 19 of27 Artwork between the City of Fort Worth and Ignition Arts, LLC Execution Copy Exhibit A: Approved Final Design Continued Train fabrication drawings by Ion Art Aluminum, acrylic windows with vinyl overlay, metallic bronze paint, LED lights, 30' in length x 10'A' in height Stop Sh Train I Side Elevation MQ7 STap SEc Train I MqM V Wf -••..• Mw--Ivy Stop Sac Train I haft and Roar Elevaton � ty �►� Q FVC�':i. L =- L sM._ I _ ._...I R . — Stop Sic Train i SOCHm View Agreement for Revised Final Design of Public 20 of 27 Artwork between the City of Fort Worth and Ignition Arts, LLC Execution Copy Exhibit A: Approved Final Design Continued/Original Site Plan Hardscape / Plaza rendering showing existing trees and proposed plaza footprint with decomposed granite connector to existing sidewalk A► LAST TRAIN - Stop Six Public Art Project Phase 1 W0 BLOCK M AEY AVENUE FORT WORTH. Tx 7E106 I f , • r LANDSCAPE PLAN r' �(, 1116"- V-0" 1 L .01 11®FMAE WDEOMCM co" i,. _J 17*1?.M M. /b1�NOrR TXALI R!0lMdbCW PH7.�E6N Agreement for Revised Final Design of Public 21 of 27 Artwork between the City of Fort Worth and Ignition Arts, LLC Execution Copy Exhibit B: The Original Site at Ramey and Stalcup Located in the 5437-5427 block of Stalcup Road, 76112, in the green traffic triangle formed by Ramey Avenue, Ramey Avenue and Stalcup Road in the Stop Six community 02 6 7 g 10.: , S 1 T � F +^ � OIL j{3 r 22 Agreement for Revised Final Design of Public 22 of 27 Artwork between the City of Fort Worth and Ignition Arts, LLC Execution Copy Exhibit B: The New Site in Bunche Park Original Site y I Bunche Plaza in Bunche Park Agreement for Revised Final Design of Public 23 of 27 Artwork between the City of Fort Worth and Ignition Arts, LLC Execution Copy Exhibit C: Budget Form FEES Artist Fee (Studio Overl#cad. Deap. Adrnin) Engineer tigMing Designer Conservator F1 0. "4,� is Other ,.IFees SIIB-TOTAL FEES $ 0.00 TRAVEL (Based on GSA Rates) udging Per diem (meals and incidentals) SUS -TOTAL TRAVEL $ 0.(0 FABRICATION Materials Artist labor (hours x $ per how) Fabricator/Labor by others Rentals (equipment, ftbrkwWn space, etc.) Storage SUB -TOTAL FABRICATION $ 0.00 INSTALLAT➢ON tta 1. � , , . of,#Rrtwo* Permits Ste Pn"rabm / ftmedtabm Footings ! Foundations Electrical Connections / Modiifiatiotrs #nstaller tabor Egcaprnent Mental Traffic control Security SUB -TOTAL. WS1'ALLAIX*1 INSURANCE Genera Liability (Prorated) Other SUB -TOTAL OVISMEAD CONTINGENCY 5%Artist4iiNd Comingency Re**e+d in Prdi#tnmrr Design Phase GRAND TOTAL $ 4. n 0 $ fl_(0 Agreement for Revised Final Design of Public 24 of 27 Artwork between the City of Fort Worth and Ignition Arts, LLC Execution Copy Exhibit D: Sales Tax Exemption 4 m4000►t er.s#W Texas Sales and Use Tax Exemption Certification Tlw aar Mr-s' dww not itgoate a nuymb rb bM v Md �arn.d.wM... avroa wax C!v o/ FOO W M, Tema aAAru+t�wrimRwlrr.abau.aAeMunsrerl _ ;e*;wpeseoawnr�srtt b0 Tans SEitAit R -� ± - •fTJP2.85tT w.+a,xoasw ' t^0a{ U/OM, T.aM 7sin k"ASOPO r na1TM10 Move, C W an &Wrodw ROR1 Vdf*►ied of aeiea end uRe tanM (kn ! p�aCl+asas of krxsb�e feme dnew~ bd" a on the AWdwd ardiw M Ia+ oiw) Ran Dasc "09 or *M W to PAdm ed or an *0 atlKlnd anlw or a+rvrce Ad &ants. AirC,MM , , , .. , that 1Mt. CMWXM a oaanrot be used fbr ft auk. lasts ar nmW d a No w . riisir -- puv& ealr awn Fir am"PWO tar Me raft" (""M ©oMMn11 OW of th iu waMndhat1MOtoMabiaRrpwWMof0aatAMbWOftbruaeIMer«larRPWbMMM&WbrMn1Acomdfam ft pra+iaons of the tam Cafe An&W Ma appkab* bnv fA1��alaArA�t�.wl��awsawR.+'T"�/M6'Ar�+�irMMO�e:OiweAa��'"R�RM �tii�1I+�TY Frtl. itF ��'iJ�hMderr'•.+"SM. MA0rlaaMaim4A�OnrAM'O/wa'b`+wflyI -FAOMf�p{M.OR�MAn1GMT�lt�f/N!?:.'s. !*7�q.. , 6aerat�llamt.er�adwentRla'ibAtkyb�rf�iilManaOrMldeyroe' - - T" - [ twb > rviomr r-o l(ffll t? NOTE TN► oemarAft am"O bA bWW W rr purea w W*", a 0- d A WOW WMiC1e tffl$ C[RrMA rl? OM NOT ALtiitl M A eRA~ TO LIE VALID Aw" And %MR to 't nArs1 IM Ruwi►w of "Te Emwvr NcrTMn do roi emit Tlels � aAoule be i!M'adstrad eo 1M serpplMe. Oo rAwWW the aOMplabd me BIER 1@ to Vw CemvValNar of ►ubNo Aooaw%tL Agreement for Revised Final Design of Public 25 of 27 Artwork between the City of Fort Worth and Ignition Arts, LLC Execution Copy Exhibit E: Insurance Requirements PUBLIC ART PROJECTS - INSURANCE REQUIREMENTS Artist shall meet all the following insurance requirements for this Project. If Artist subcontracts fabrication, transportation, and/or installation of the Work, then Artist shall also require his/her subcontractor(s) to abide by all of the following insurance requirements. Commercial General Liability (CGL) $1,000,000 Each occurrence $2,000,000 Aggregate limit Coverage shall include, but not be limited to, the following: premises, operations, independent contractors, products/completed operations, personal injury, and contractual liability. Insurance shall be provided on an occurrence basis, and be as comprehensive as the current Insurance Services Office (ISO) policy. The policy shall name City as an additional insured. Bailee's/Property (if applicable) The inland marine policy shall provide per occurrence coverage at replacement cost value based on the latest appraised value of the Artwork, which is entrusted to the Artist and is considered to be in the Artist's care, custody, and control and shall include property "in transit." Automobile Liability $1,000,000 Each accident or $250,000 Bodily Injury per person $500,000 Bodily Injury per occurrence $100,000 Property Damage A commercial business policy shall provide coverage on "Any Auto," defined as autos owned, hired and non - owned. For Artist and/or Artist's Subcontractors who have employees: Workers' Compensation Statutory limits Employer's liability $100,000 Each accidentloccurrence $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). Agreement for Revised Final Design of Public 26 of 27 Artwork between.the City of Fort Worth and Ignition Arts, LLC Execution Copy 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. 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 hiiclude a Waiver of Subrogation -(Right of Recovery) in favor of the City of Fort Worth. The insurers for all policies must be licensed/approved to do business in the State of Texas. If the subcontractor is an international entity and carries insurance through an international insurance company, then the subcontractor must obtain language on their certificate of insurance confirming that its insurance policy extends coverage to operations in the United States. All insurers must have a minimum rating of A- VII in the current A. M. Best Key Rating Guide or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. If the rating is below that required, written approval of Risk Management is required. If insurance policies are not written for specified coverage limits, an Umbrella or Excess Liability insurance for any differences is required. Excess Liability shall follow form of the primary coverage. Unless otherwise stated, all required insurance shall be written on an "occurrence basis." The deductible or self -insured retention (SIR) affecting required insurance coverage shall be acceptable to and approved in writing by the Risk Manager of City of Fort Worth in regards to asset value and stockholders' equity. In lieu of traditional insurance, alternative coverage maintained through insurance pools or risk retention groups, must also approved by City's Risk Manager. City, at its sole discretion, reserves the right to review the insurance requirements and to make reasonable adjustments to insurance coverages and their limits when deemed necessary and prudent by City based upon changes in statutory law, court decision or the claims history of the industry as well as of the contracting party to City of Fort Worth. City shall be required to provide prior notice of ninety days. City shall be entitled, upon request and without expense, to receive copies of policies and endorsements thereto and may make any reasonable requests for deletion or revision or modifications of particular policy terms, conditions, limitations, or exclusions except where policy provisions are established by law or regulations binding upon either of party or the underwriter on any such policies. Agreement for Revised Final Design of Public 27 of 27 Artwork between the City of Fort Worth and Ignition Arts, LLC Execution Copy FORT WORTH Routing and Transmittal Slip FWLab - FWPA Department TITLE: REVISED FINAL DESIGN FOR STOP SIX PUBLIC ART PROJECT CPN DATE: TO: 1. Trey Qualls 2. Fernando Costa 3. Janette Goodall Il 5 n CSO # DOC# INITIALS DATE OUT TQ 12/8/2023 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: n Yes X No SAME DAY: ❑ Yes X No NEXT DAY: ❑ Yes ❑ No ROUTING TO CSO: X Yes ❑ No Action Required: ❑ As Requested ❑ For Your Information X Signature/Routing and or Recording ❑ Comment ❑ File ❑ Attach Signature, Initial and Notary Tabs Return to: Please call Anne Allen at 817-298-3028 or at 817-637-7388 (aallen@artsfortN-0rt4.9r9) for pick up when completed. Thank you.