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HomeMy WebLinkAboutContract 60701CITY SECRETARY CONTRACT NO . _....-..~..::-1,- AGREEMENT BETWEEN THE CITY OF FORT WORTH AND SUSAN NARDULI FOR PRELIMINARY DESIGN OF PUBLIC ART FOR FAR NORTHWEST LIBRARY 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 Susan Narduli ("Artist"), an individual, located at 1944 Cotner Avenue, Los Angeles, CA, 90025. City has designated the Arts Council of Fort Worth and Tarrant County, Inc., OBA Arts Fort Worth ("Contract Manager") to manage this Agreement on its behalf. The Contract Manager shall act through its de signated 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; and WHEREAS, the Public Art Plan for the 2022 Bond Program, adopted by City Council on November 29, 2022 (M&C 22-0935), set aside $245,200 in 2% public art funds from Proposition C for the Far Northwest Library; and WHEREAS, the project was included in the Fort Worth Public Art Fiscal Year 2024 Annual Work Plan adopted by the Fort Worth City Council on October 17, 2023 (M&C 23-0844); and WHEREAS, the Far Northwest Library Project Core Team met on July 19 , 2023, and suggested an approach for an artwork that invites interaction , is engaging, imaginative, tactile, and appeals to youth and adults; they also suggested the artwork could be integrated into the facility and/or the site, and might be visible from inside or outside the library, and these suggestions were included in the Project Outline which was approved by the Fort Worth Art Commission on August 21, 2023, 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 Upda te adopted by City Council on October 17 , 2017 (M&C G-19140); and WHEREAS, on October 16, 2023, the Fort Worth Art Commission ("FWAC") approved the Selection Panel 's recommendation of Susan Narduli as the Artist for the project; and WHEREAS , City and Artist wish to set out the term s 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: .:;:;so ,~EG'D I Cilli ,/1 ''J .JC; ... • ~ ~ ' • 0 Agreement with Susa n Nardu li for Preliminary Design of Public Artwork for Far Northwest Library OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX ,...., .!'If-;-L'-< H½ l L ,(; l I of25 ARTICLE I DEFINITIONS As used in this Agreement, the following terms shall have the meanings as set forth below : 1.1. Agreement -Means and includes this agreement between the City and Arti st for Preliminary Design of Public Art for the Site. 1.2 . Artist -Means and includes Susan Narduli. 1.3. Artwork Design -Means and includes the Preliminary Design of the Work, which is defined in 1.3.a. below. 1.3.a. Preliminary Design -Means all developed preliminary drawings, s ketche s, prototypes, maquettes, models , narrative descriptions, budget estimates , and the like that are created by Artist in connection with this Agreement and/or an y prior agreement between Artist and City for the Work. 1.4. City-Means the City of Fort Worth. 1.5 . Contract Manager -Means and includes the Arts Council of Fort Worth and Tarrant County, Inc., DBA Arts Fort Worth, and /or it s officers , directors , and employees . 1.6. Effective Date -Means and includes the date this Agreement is executed by the City. 1.7. Parties -Means and includes City and Artist. 1.8 . Preliminary Design Deliverables -Means and includes those items set forth in Article 2.3 of this Agreement that Artist is required to submit to City for rev iew and approval. 1.9. 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. 1.10. Project Consultant -Means and includes HKS , Inc. 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 A rt Master Plan Update . 1.12 . Project Stakeholders -Means and includes the appropriate City Council Member(s), the Project Core Team , the FWAC 's appointed representative, and others as may be appropriate. 1.13. Site -Means the Far Northwest Library planned for the south side of Avondale-Ha slet Road near the intersection of Austin Stone Drive , 76052 (Council District I 0), which is 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. Agree men t with Susa n Na rdu li fo r Pre lim inary Design of Publi c Artwork fo r Far No rthwe st Li bra ry ARTICLE 2 2 of25 SCOPE OF SERVIC E S 2.1. Scope of Services. 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 profes sional 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 thi s Agreement, and Artist will address City 's requests . c . Prior to commencing the Preliminary Design, Artist shall meet with and seek input from the Project Core Team. Artist shall also work with Project Core Team to identify key groups and individual s for further outreach , which may include , but is not limited to , business leaders , business associations , foundations , schools , youth and senior populations , community leaders , and neighborhood groups . d. Artist shall coordinate with the City 's Project Consultant and with Library staff on a location(s) for the Work, including investigating the feasibility of incorporating the Work into the Far Northwest Library and providing structural support or other infrastructure needs to support the Work. The specific location(s) at the Site where the Work will be installed shall be mutually agreed upon by City and Artist. e. Artist, upon request of Contract Manager, shall provide information and /or attend meetings with appropriate City staff for purposes of risk assessment, safety review , and siting and permitting of the Work. f. Artist shall explore concepts for the Work within the implementation budget set forth in Article 2.3. g . Artist shall develop the Preliminary Design within the implementation budget s et forth in Article 2.3. h. Artist shall present the Preliminary Design to the FWAC for joint review with the Project Core Team , other Project Stakeholders , the appropriate City staff, and for the FWAC 's approval at a regularly scheduled FWAC meeting. The Preliminary Design shall subsequently be shared with City boards or commissions, as appropriate. i. Artist shall be available for a meeting with the Project Core Team and a separate presentation to the Fort Worth Art Commission as indicated above , in the form of either a ph ys ical trip to Fort Worth or, via Zoom , or other virtual teleconference meeting platforms. Additional trips may be required, which would be negotiated and agreed upon in writing by City and Artist. k. Artist may make up to two trips to Fort Worth , Texas for meetings and presentations as indicated above, and shall be compensated for travel per item 3.2.a.vii in the Payment Schedule . If artist chooses not to travel to Fort Worth , Texas, Artist shall participate in meetings and make presentations as indicated above via Zoom, WebEx, or other virtual telecommunication platform and shall receive Agreem ent w ith Su san Narduli fo r Prelim inary De sign of Pu bli c Artwork fo r Far Northwest Library 3 of 25 no travel compensation. Additional meetings may be required and could be negotiated and agreed upon in writing by City and Artist. I. Artist shall allow video recording and photography of their participation during activities related to this Project such as presentations and meetings. It is the City's intention to use Artist's name and likeness in association with this Project. m. In order to maintain the integrity of the City of Fort Worth 's public art process , for the duration of the Agreement, if Artist intends to seek his /her own publicity for the Work, including publication of the artwork design on Artist's website or social media, such efforts will occur after Artwork Design has been approved by the FWAC. Any potential publicity being sought for the Work, including press/media release(s), must be approved, in advance, by Contract Manager, and shall credit the City of Fort Worth in substantially the following form , "an original artwork commissioned by and in the public art collection of the City of Fort Worth, Texas." A social media plan must be approved, in advance, by Contract Manager, and shall include the hashtag #fwp ublicart. City shall tag Artist when promoting thjs Project when appropriate. Artist and City acknowledge Artist documents their social practice via social media, therefore Artist may use their own social media account(s) to promote project meetings and happenings open to the public based on schedule of events provided to Contract Manager as noted in 2.1 .g . Such documentation shall be made available to City as part of Preliminary Design Deliverables. 2.2. City Assistance. Upon request by Artist, City shall promptly furnish all information and materials required by Artist to the extent that such materials are available. City, upon request by Artist, shall also provide correct scaled drawings of the Site , if available. 2.3. Preliminary Design Deliverables. a. Within three months after the Effective Date , Artist shall provide services and all supplies, materials, and equipment necessary to provide certain deliverables , as set forth in this Article 2.3 to City for approval. Preliminary Design Deliverables shall consist of the following: 1. Detailed design illustrations for the Work for the Site, which shall be in a high-resolution digital format , such as JPEG or TIF files, showing the proposed Work from multiple vantage points with at least one illustration showing the Work's size and placement in relation to the Site; ii. A narrative description of the Artist's concept, proposed materials, fabrication , and installation methods , timeline for completion and maintenance, and anticipated annual maintenance requirements; iii. Installation diagram, including approximate weight of the Work and proposed installation or attachment method(s); Agreement w ith Su san Nardul i for Preliminary De sign of Public Artwork for Far Northwest Library 4 of25 iv. 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 $197,870 .00, which includes all costs for materials , engineering, labor, fabrication, delivery , installation , insurance (City requirements attached hereto as "Exhibit D "), travel costs , transportation , a contingency of $21 ,332.40, remaining Artist 's fee of $19,344 .74 , and all other associated costs for the Work. 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 owned by City. All documents, models , and/or drawings will be retained for archival and exhibition purposes. b. Preliminary Design Deliverables shall be submitted to the Contract Manager no less than two weeks prior to the scheduled Preliminary Design presentation for staff review . 2.4. Preliminary Design Review. a. Upon completion and submission of the Preliminary Design Deliverables and acceptance by Contract Manager, Artist shall present the Preliminary Design to the FWAC for joint review with the Project Core Team , other Project Stakeholders, the appropriate City Staff, and for the FWAC's approval at a regularly scheduled FW AC meeting with a date and time mutually agreed upon. The Final Design shall subsequently be shared with City boards, commissions , and staff, as appropriate. b. City shall notify Artist of its approval, or disapproval , of the Preliminary Design within thirty business days of Artist's presentation to the FW AC. c. If City disapproves of the Preliminary Design , either in whole or in part, then City shall inform Artist of each revision to be made to the Preliminary Design. City may require Artist to make such revisions to the Preliminary Design as City deems necessary in its sole discretion and/or for the Work to comply with applicable statutes, ordinances, or regulations of any governmental agency having jurisdiction over the Site. d. Artist shall have thirty (30) calendar days from the date City informed Artist of the revision(s) to present the revised Preliminary Design in conformance with City 's requirements. e. If City disapproves of the resubmitted Preliminary Design, any further Preliminary Design resubmissions will be by mutual agreement of the Parties and subject to the procedures and terms in this Article. If the Parties mutually desire not to continue with the resubmission process, then this Agreement will automatically terminate, with payment for work performed per the payment schedule in Article 3 up through the date of termination. (Se e 4.4.d) f. Upon City approval of the Preliminary Design , any revisions made to a City-approved Preliminary Design shall become part of the Preliminary Design. Artist shall incorporate any City-approved revisions into the final design in conformance with City's requirements. Any revisions shall become part of any final design deliverables if the Artist proceeds to the final design phase. Agreement with Su san Narduli for Prelimin ary De sign of Public Artwork for Far Northwest Libra ry 5 of25 ARTICLE 3 COMPENSATION AND PAYMENT SCHEDULE 3.1. Compensation. Total compensation to Artist under the Agreement shall be in an amount not to exceed FIFTEEN THOUSAND FOUR HUNDRED FIFTY-FOUR DOLLARS AND NO CENTS ($15,454.00), which shall be inclusive of an Artist's fee of $9,454.00 , an engineering and consulting fee allowance of up to $2,000.00, and a travel allowance in an amount of up to $4 ,000.00, and which shall constitute full compensation for any and all costs associated with the Agreement and services performed and materials furnished by Artist under this Agreement. Artist and City may amend this Agreement to allow for additional payment if additional services are required. Any changes requested by the City shall not require City to pay Artist any additional compensation under this Agreement. 3.2. Payment Schedule a. City agrees to pay Artist in the following installments set forth below, each installment to represent full, final, and non-refundable payment for all services and materials provided prior to the due date thereof: 1. TWO THOUSAND DOLLARS AND NO CENTS ($2,000.00) upon execution of this Agreement. ii. ONE THOUSAND FOUR HUNDRED DOLLARS AND NO CENTS ($1,400.00) within thirty calendar days after Artist meets with the Project Core Team and other stakeholders to gather input prior to Preliminary Design development. iii. TWO THOUSAND FIVE HUNDRED DOLLARS AND NO CENTS ($2,500.00) within thirty calendar days after Artist submits all Preliminary Design Deliverables required under Article 2.3 of this Agreement. iv. TWO THOUSAND DOLLARS AND NO CENTS ($2,000.00) within thirty calendar days after Artist makes a presentation of the Preliminary Design to the FW AC, the Project Core Team, and other Project Stakeholders at a regularly scheduled meeting of the FWAC. v. ONE THOUSAND FIVE HUNDRED FIFTY-FOUR DOLLARS AND NO CENTS ($1,554.00) within thirty calendar days after City's approval of the Preliminary Design. vi. An engineering allowance of up to TWO THOUSAND DOLLARS AND NO CENTS ($2,000.00) for preliminary consultation as needed. Such payment shall be made for actual services rendered only and upon receipt of an invoice from Artist with the original invoice (a retainer fee of up to 50% is allowed) for such services attached. vii. City will provide a travel allowance of up to FOUR THOUSAND DOLLARS AND NO CENTS ($4,000.00) for up to two trips to Fort Worth, Texas, to conduct a Site visit prior to completing Final Design deliverables , and /or to present the Final Design at a Fort Worth Art Agreement with Su san Narduli fo r Prelimin ary Design of Public Artwork for Far Northwest Library 6 of25 Commission Meeting, in person , in the amount of up to TWO THOUSAND DOLLARS AND NO CENTS ($2,000.00) per trip. Such trips shall be approved by Contract Manager in advance of making travel arrangements. 3.3. Sales Taxes. City is a tax-exempt organization , and no state or local sales taxes or federal excise taxes shall be due on the Project. City shall supply Artist with the "Texas Certificate of Exemption ," in substantially the same form as that attached hereto as Exhibit "E," for use by Artist in the fulfillment of this Agreement. 3.4. Artist's Expenses. Artist shall be responsible for the payments of all expenses incurred during the performance of this Agreement, including, but not limited to , services, materials, equipment, Artist 's overhead expenses , mailing/shipping charges and insurance on submissions to City, cost of all travel, and costs for Artist's agents, consultants , and /or employees necessary for the proper performance of the services required under this Agreement. 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 the 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 Agreement 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 no less than thirty calendar days before termination. Agreement with Susan Narduli for Preliminary De sign of Public Artwork for Far Northwest Library 7 of25 b If the termination is for the convenience of City, City shall pay Artist for services actually rendered up to the effective date of termination in accordance with Section 3 .2 of this Agreement, and Artist shall continue to provide the City with services requested by City and in accordance with this Agreement up to the effective date of termination. Upon payment in full of all monies due for services provided up to the effective date of termination , City shall have the right, in its sole discretion , to possession and transfer of all work product produced by Artist under this Agreement, including, but not limited to , finished and unfinished drawings, sketches, photographs , models , and designs , up to the effective date of termination , provided that no right to fabricate or execute the Work shall pass to City. c . If termination is for the convenience of Artist, City shall have the right, in its sole discretion , to (1) pay Artist for services actually rendered up to the effective date of termination in accordance with Section 3.2 of this Agreement or (2) require the Artist to remit to City a sum equal to all payments (if any) made to the Artist pursuant to this Agreement prior to the effective date of termination . If City chooses to pay Artist for services actually rendered , then all work product produced by Artist under this Agreement, including, but not limited to, finished and unfinished drawings, sketches, photographs , models , and designs, up to the effective date of termination, shall become property of City. d. If termination is by mutual agreement of the Parties as set forth in Article 2.4 , then City shall pay Artist for work performed in accordance with Section 3.2 of this Agreement up through the date of termination . City shall have the right to possession and transfer of all work product produced by Artist under this Agreement, including, but not limited to , finished and unfinished drawings, sketches, photographs, models , and designs , up to the effective date of termination. 4.5. Incapacity of Artist. a. In the event of Artist's death or Artist becoming physically or legally incapacitated during the term of this Agreement, City shall have the right to terminate this Agreement on payment to Artist or Artist's successors for all work and services performed prior to death or incapacity. All work product produced by Artist , including, but not limited to, finished and unfinished drawings, sketches, photographs, models , and designs, up to the effective date of termination, shall become property of City. b. Should Artist's Preliminary Design have been approved, in the event of termination under this Article 4.5 , City shall have the right to complete the Work, if feasible . Due regard shall be made for Artist 's intended results and proper credit and acknowledgement shall be given to Artist. Agreement wi th Susan Narduli for Preliminary Design of Public Artwork for Far Northwest Library ARTICLE 5 DISPUTE RESOLUTION 8 of25 If either Artist or City has a claim , dispute , or other matter in question for breach of duty , obligations , services rendered , or any warranty that arises under this Agreement, the Parties shall first attempt to resolve these issues through this dispute resolution process . The disputing party shall notify the other party in writing as soon a s 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 business days of receipt of the notice , both parties shall make a good faith effort, through email , mail , phone conference, in person meetings , or other reasonable means to resolve any claim , dispute , breach, or other matter in question that may arise out of or in connection with this Agreement. If the Parties fail to resolve the dispute within sixty calendar day s 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 or more than forty-five calendar days following the date of request , except upon Agreement of the Parties . In the event City and Arti st are unable to agree to a date for the mediation or to the identity of a mutually agreed mediator within thirty 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 an y immunity or defense. No provision of this Agreement constitutes consent to sue. If the Parties cannot re solve the dispute through mediation , then either party shall have the right to exercise any and all remedies av ailable under law regarding the dispute . (See Article 4.3) ARTICLE 6 OWNERSHIP AND INTELLECTUAL PROPERTY RJGHTS 6.1 . General. a. Upon payment in full to Artist or pursuant to the applicable terrninat ion 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 di s play the Preliminary Design and/or Work for an y non-commercial purpose whatsoever, except that the Work cannot be reproduced in any three- dimensional forrn without perrnission 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 otherwi se received by City , shall be deemed a non-commercial purpose . Agree ment with Susan Narduli fo r Prelimin ary Des ign of Pu blic Artwork fo r Far North west Lib rary 9 of25 b. In view of the intention that the Artwork Design and the Work be unique , Artist shall not make any additional exact duplicate reproductions of the Artwork Design or the Work, nor shall Artist grant permission to others to do so except with the express written permission of City . However, nothing herein shall prevent Artist from creating future artworks in Artist 's manner and style of artistic expression. c . Artist reserves every right available under the Federal Copyright Act to control the making and di s semination of copies or reproductions of the Artwork Design and/or Work, except as those rights are limited by this Agreement. City may make and disseminate photographs , drawin g s, and other two-dimensional reproductions of the Artwork Design and/or Work and accompany ing materials for any municipal purpose. All reproductions by the City shall contain a credit to the Artist and a copyright notice in substantially the following form:"© date , Artist's name." d. Nothing in this Agreement shall prevent the Artist from using images of the Artwork Design and/or Work for marketing and promot ional purposes in connection with the Artist's business. e . City is not responsible for any third-party infringement of Artist's copyright and not responsible for protecting the intellectual property rights of Artist 6.2. Artist's Address . Artist shall notify City of changes in Artist 's mailing address and email address. 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 provisions of this Agreement 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 under this Agreement. ARTICLE 7 WARRANTIES OF TITLE AND COPYRIGHT a. Artist represents and warrants that: 1. Artwork Design and/or Work shall be the original product of the Artist's sole creative efforts. 11. Artwork Design and/or Work is and will be unique and original , and does not infringe upon any copyright or the rights of any person ; iii. Artist has not sold , assigned, transferred , licensed , granted , encumbered , or utilized the Artwork Design and/or Work or any copyright related thereto that may affect or impair the rights granted pursuant to this Agreement; iv. Artwork Design and/or Work (or duplicate thereof) have not been accepted for sale elsewhere ; v . Artist has the full power to enter into and perform this Agreement and to make the grant of rights contained in this Agreement; and vi. All services performed hereunder shall be performed in accordance with all applicable laws , regulations , ordinances , etc., and with all necessary care, skill and diligence. Agre ement wi th Susan Nardul i fo r Pre liminary Des ign of Pu bli c Artwork fo r Far No rth west Library 10 of25 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. a. General Indemnity. ARTICLE 9 INDEMNIFJCA TION 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 OMMISSIONS OF ARTIST AND/OR ARTIST'S SUBARTISTS, 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 c. 9.2. to persons or property sustained or caused by Artist in connection with or incidental to performance under this Agreement. 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. Intellectual Property. Agreement w ith Susan Narduli fo r Preliminary De sign of Public Artwork for Far North west Libra ry 11 o f 25 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 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 CITY 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. 1 I. I. 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. 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. Agre ement with Susan Narduli fo r Prelimin ary Des ign of Publ ic Artwork fo r Far Northwest Lib rary 12 of25 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 successors or assigns, and are not intended to create any rights , contractual, or otherwise, to any other person or entity. 11.8. Severability. If any provision of this Agreement shall be held to be invalid , illegal , or unenforceable , the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired. 11.9. Force Majeure. City and Artist will exercise their best efforts to meet their respective duties and obligations as set forth in this Agreement, but will not be held liable for any delay or omission in performance due to force majeure or other causes beyond their reasonable control , including, but not limited to , compliance with any law, ordinance, or regulation; acts of God; acts of the public enemy ; fires ; strikes; lockouts; natural disasters ; wars; riots ; epidemics or pandemics; government action or inaction; orders of government; material or labor restrictions by any governmental authority; transportation problems ; restraints or prohibitions by any court, board, department, commission, or agency of the United States or of any state; civil disturbances; other national or regional emergencies; or any other similar cause not enumerated herein but which is beyond the reasonable control of the Party whose performance is affected (collectively "Force Agreeme nt with Susan Narduli fo r Preliminary Design of Public Artwork for Far Northwest Library 13 of25 Majeure Event"). The performance of any such obligation is suspended during the period of, and only to the extent of, such prevention or hindrance , provided the affected Party provides notice of the Force Majeure Event and an explanation as to how it prevents or hinders the Party's performance as soon as reasonably possible after the o~currence of the Force Majeure Event, with the reasonableness of such notice to be determined by the City in its sole discretion. The notice required by this section must be addressed and delivered in accordance with this Agreement. 11.10. Contract Construction. The Parties acknowledge that each party and, if it so chooses, its counsel, have reviewed and revised this Agreement and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall 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 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 years thereafter in order to determine compliance with this Agreement. Throughout the Term of this Agreement and for three years thereafter, the Artist shall make all Records available to the City at 200 Texas Street, Fort Worth, Texas, 76102 or at another location in the City acceptable to both parties following reasonable advance notice by the City , and shall otherwise cooperate fully with the City during any audit. Artist shall require all of its subcontractors to include in their subcontracts a right to audit in favor of City in substantially the same form as described in this Article 11.13 . 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. Agreement with Su san Narduli for Prelim inary Desi gn of Public Artwork for Far North west Libra ry 14 of 25 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 Independent Contractor), 9 (Indemnification), and 11.13 (Right to Audit) shall survive the termination or expiration of this Agreement. 11.16. Counterparts and Electronic Signatures. This Agreement may be executed in several counterparts, each of which will be deemed an original, but all of which together will constitute one and the same instrument. A signature received via facsimile or electronically shall be as legally binding for all purposes as an original signature. 11.17. Time Extensions . The Parties may mutually agree , in writing, to extend or modify any of the time deadlines set forth in this Agreement. 11. 1 8. Israel. If Artist is a company with ten (10) or more full-time employees and this Agreement is for $100 ,000 or more, Artist acknowledges that in accordance with Chapter 2271 of the Texas Government Code , the City is prohibited from entering into a contract for goods or services unless the contract contains a written verification from the company that it: (]) 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. To the extent that Chapter 2271 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 Israel; and (2) will not boycott Israel during the term of the Agreement. 11.19 . Energy Companies. If Artist is a company with ten (I 0) or more full-time employees and this Agreement is for $100 ,000 or more, Artist acknowledges that in accordance with Chapter 2276 of the Texas Government Code, the City is prohibited from entering into a contract for goods or services unless the contract contains a written verification from the company that it: (I) 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 in Section 809.001 of the Texas Government Code . To the extent that Chapter 2276 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 Artist is a company with ten (10) or more full-time employees and this Agreement is for $100,000 or more , Artist acknowledges that in accordance with Chapter 2274 of the Texas Government Code , , the City is prohibited from entering into a contract for goods or services unless the contract contains a written Ag reement wi th Susan Nardul i fo r Prelimin ary Des ign o f Public Artwork for Far Northwest Library 15 of25 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 term s by Chapter 2274 of the Texas Government Code . To the extent th at Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Artist certifies that Artist's signature provides written verification to the City that Artist: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate against a firearm entity or firearm trade association during the term of this Agreement ARTICLE 12 NOTICES All notices, requests , demands , and other communications which are required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been duly given upon the delivery or receipt thereof, as the case may be , if delivered personally or sent by registered or certified mail , return receipt requested , postage prepaid , as follows: 1. CITY OF FORT WORTH: Copies to: 2 . ARTIST Agree ment w ith Susan Narduli fo r Prelimin ary Des ign of Pu blic Artwork fo r Far No rth west Li brary Fernando Costa, Assistant City Manager City Manager 's Office City of Fort Worth 200 Texas Street, Third Floor Fort Worth , TX 76102 Leann D. Guzman, City Attorney Office of the City Attorney City of Fort Worth 200 Te xas Street, Third Floor Fort Worth , Texas 76102 Martha Peters , Director of Public Art Arts Fort Worth 1300 Gendy Street Fort Worth , TX 76107 Susan Narduli 1307 Westwood Blvd , Ste 201 Los Angeles , CA, 90024 (Signature P age to F ollow) 16 of25 Agreement with Susan Narduli fo r Preliminary Design of Public Artwork for Far Northwest Library 17 of25 IN WITNESS HEREOF, the Parties hereto have executed this Agreement to be effective as of the Effective Date. CITY OF FORT WORTH ARTIST by : c::;-fflt:J.C,L 7 Fernando Costa Assistant City Manager Susan Narduli, Owner Date: _ _,_,l/'-~3 _,_/2~z _o~:z~+ __ _ Date: 01/02/2024 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: ichelle Gonzales Title: ublic Art Project Manager APPROVED AS TO FORM AND LEGALITY: By::~Qua,& Trey Qu s Assistant City Attorney ATTESTED BY: Contract Authorization: Form 1295: Not Applicable No M&C required. City Code § 2-9 Exhibit A: Project Outline Agreement with Susan Narduli for Preliminary De sign of Public Artwork for Far Northwest Library FICIAL RECORD 1Y SECRETARY F. WORTH, TX 18 of25 Far Northwest Library Public Art Project Outline The City of Fort Worth is designing and building a new branch library in far northwest Fort Worth. The new building will be located on the south side of Avondale-Haslet Road near the intersection of Austin Stone Drive (Sendera Ranch) in Council Di strict 10. BACKGROUND Over half of the City of Fort Worth 's library systems are located within the 820 Loop . As the city continues to expand far north , so does the need for additional community and library services in this sector. After the $1.64 million bond was approved for library improvements , the city acquired three acres of land in Haslet, Texas for the development of a new library. The project to design and build the Far Northwest Library was included in the City's 2022 Bond Program , and the project scope includes design and construction of an 18 ,000 square-foot facility, parking lot, and landscaping. HKS Architects was selected , and the design process is expected to take ten (10) months and construction twelve (12) months, with the project being completed by the first quarter of 2025. PUBLIC ART SITE AND APPROACH This public art project provides an opportunity for an artist to create a unique artwork for the new Far Northwest Library. The artwork may be integrated into the interior and/or exterior of the facility, in coordination with the City 's consultants; or it may be integrated into the landscape active space around the perimeter of the facility. Representatives of the Fort Worth Library Department noted that the artwork could be located inside or outside of the building and must be accessible to the public. The artwork should be interacti ve, tactile , and encourage visitors to engage with it , similar to the approach taken by the artwork at the Far Northwest Library. Although the opportunities of each site and project are unique , there is a desire on the part of Library staff that the artwork appear as a cohesive part of the building 's design. The far north sector is sprawling with new neighborhoods and families. The artwork should also be cognizant of the community 's culture and needs. In commissioning a public art project for the new Far Northwest Library , there is an opportunity to have a lasting impact on multiple generations of residents in this quickly growing part of the City; to enhance the already engaging and educational nature of the library experience ; to offer ways for readers of all ages to experience and learn from visual art, and to become a sought after destination-a gem-at the heart of what is a bustling community. PUBLIC ART BUDGET From the 2022 Bond Program, Proposition C, a budget in the amount o/$213,324.00 is available to commission an artwork for the Far Northwest Library. The project is included in the Fort Worth Public Art Fiscal Year 2024 Annual Work Plan, adopted by City Council on October 17 , 2023 (M&C 23-844). PROJECT CORE TEAM Jennifer Jennings, Beechwood Creek HOA Rusty Fuller, Fort Worth Alliance Travis Brown , Spring Ranch HOA Jana Doam, Sendera Ranch HOA Agreement with Susan Na rduli fo r Prelimina ry Des ign of Pub li c Artwork fo r Far Northwest Library 19 of25 Tameka Jackson , Sendera Ranch HOA Julie Williams, Harriet Creek HOA ARTIST ELIGIBILITY Staff will recommend 6--8 artists from the Fort Worth Public Art Pre-Qualified List of Established Artists , and additional artists by invitation , whose work would be a good fit for the project. ARTIST SELECTION PANEL MEETING #1 Artists will be contacted prior to being considered by the Artist Selection Panel , to ascertain their interest and availability. The Artist Selection Panel shall review the artists ' qualifications and select three finalists and one alternate . ARTIST SELECTION PANEL MEETING #2 The Artist Selection Panel shall interview each of the three finalists individually. The Panel may then ask questions about their professional experience and related work . The Panel will then recommend one artist and one alternate for the project. Upon the FWAC 's approval of the Panel 's recommendation , a Preliminary Design or Final Design contract will be executed with the selected artist. ARTIST SELECTION PANEL (Voting) 1. Council Member Alan Blaylock (or District 10 Director Tara Holt), District 10 2 . Jennifer Jennings , Project Core Team Member 3. Libby Tilley Hogg, Fort Worth Art Commissioner 4 . Douglas Mullen , HKS Architects 5. Fari Rahimi , Artist ADVISORS (Non-voting) 1. Marilyn Marvin , Library Department, City of Fort Worth 2. Cristi Lemon , Library Department, City of Fort Worth 3. Alfonso Meza, Property Management, Architectural Services , City of Fort Worth 4. Other Project Core Team Members 5. Others as appropriate TIMELINE (Subject to change) Project Core Team Orientation Project Outline Approved Selection Panel Meeting #1 Selection Panel Meeting #2 (interviews) FW AC approval Preliminary Design Contract execution with artist Agreement with Susan Narduli for Preliminary De sign of Public Artwork for Far Northwest Library July 19 , 2023 August 21 , 2023 September 5, 2023 October 2023 October 16 , 2023 November 2023 20 of25 Exhibit B: Site The new Far Northwest Library Public Art Project loc ated on south side of Avondale-Haslet Road near the intersection of Austin Stone Drive, 76052 (Council District 10) ·-~ .. "~~ ~- "'' ~ ' _,, Poe::iirlAcrts Agreement with Susan Narduli for Preliminary De sign of Public Artwork for Far Northwest Library Exhibit C Implementation Budget 2 1 of25 FORT WORTH PUBLIC ART PROJECT BUDGET Please complete this fonn and attach a signed receipt or estimate complete with per unit costs (no lump sums) for all items designated with an asterisk(•). Cost increases must also have a written estimate attached . ARTIST'S FEE TRAVEL (For artists who live more than 50 miles from Fort Worth) Airfare Car Renta l ______________ _ Per Diem Expenses at$_ per day Mileage at$_ per mile ______________ _ INSURANCE Auto/Hired Veh icle Liability ______________ _ General Liab ility for Artist/ Subcontractors ______________ _ Worker's Comp. I Employer's Liability ______________ _ Other, as applicable --------------- ADMINISTRATIVE EXPENSES Phone/Fax ---------------De Ii very/Sh ipping (for correspondence, samples , models , drawings etc) ______________ _ Reprographic Service Supplies ______________ _ PROFESSIONAL CONSUL TANT FEES (If applicable , drawing must be signed and sealed by a professional registered to practice in the State of Texas ) Architect• Structural Engineer•--------------- Electri cal Engineer" ______________ _ Conservator• Photographer (for documentation of completed work)" ______________ _ Other" MATERIALS (Please attach a complete list of materials . Itemize all anticipated aspects and components with per unit cost estimates) Materials• Total --------------- FABRICATION COSTS (Include and itemize all portions of subcontracted work and work to be completed by artist.) Artist's Labor (_hours at$_ per hour) Total ______________ _ Subcontracted Labor• (Total) Facility/Equipment Ren tal (used exclusively for this project) related to fabrication ______________ _ SITE PREPARATION (Do not include costs covered by FWPA , City of Fort Worth or others) Agreement with Susan Narduli for Preliminary De sign of Pub! ic Artwork for Far Northwest Library Test Drilling• ______________ _ Removal• Landscaping/lrrigation•--------------- Electrica l Modifications• Water Work/Mechanical Devices ______________ _ (Revised May 2011) Exhi bit D Insurance Requirements Other• -------------- 22 of25 PUBLIC AR'T PROJECTS -SURANCE REQ i!IRE!.\1ID.'iTS .Ar tist s " meet ill the following inmrance requirements for this Pl'oj ect. If Ar tist subconilad::; fabricatio11, lnmsporlatioci, and.la r imtall.aticm of ,th e Wolk, ilim Altis shall also n !qui.re ··lb.er subcolttra tor(s ) to abi de of the following imu:rance reqmremem:z . C ommer d:ril Gen er:ii Liability (CGL) $ ,00 0 ,000 Each OCCUlTen~ S2 ,00 0,000 A.ggregate limit over.ige sha include. but in ot be limited to die followmg : !P:re.mi5.es , operations , independent coniracfo1-:z, produ competed opei-ations , personal mjm-y , md contiactua l iabil~ty . lnsuramee shall be pro..-ided on an oceunienc e ha:s i:i , and b e a:; comprebemrre as lite ctUTent lnrurance Serrices. Office (ISO) policy. The po ·cy ~hill name Cty 3:S m additiona insui-ed. B :rllee' P r operty (if :ipplic:ible) The • and maime polic y s hal p 01tide per occurrence ,co•:era ge a. repla=ent eost \ra1u e ba5ed ,on tlte test apprais.ed y aJue of the Artwork, which u entlusted to tii2 Aitist and is eons idered to e m Artis ':; care, custody, md control and ...:hall include. property in transit." Aut omobile Li:ibility S 000 ,000 or .. 5 0000 50 0,0 00 S 00000 Each accident Bodily jmy per per..o Bodily ·my per OCCU1Tenc e Properly Damage A commercial busine ss policy shill pro,-ide eovera ge o.n "Any Auto,"' defined as autos ow:m.ed, hired and no -owned. For Aitist and for Artist's Sub conincfo1-::; who have emp. oyee s : W01t ers' Compensation St :1tuto11·limit s Empl.oye-F' li:i hllity 00,000 Each attiden OCC1.lliellc e S O 000 Disease -!P er e.acli emp loyee S5 00 000 Bo dily "uryiI)i.seas e -poli cy Iimi Workers ' Compensa • on coverage 5 pi-o,-i de limits consistent t\!lth statutory b!!l'.le fi ts out.lined m tit!! Texas workers· Compe=tion Act (Al S.308 -.0 et s e . Tl!3:. Rev . Civ . Stat.). GEl\"IRAL .POLICY RI:Ql lREJ.\:IEl\"T The certificate of insurance s hill imcl11d e m e.ndo i:.ement nrumn g e C!ity of F 01 W 01th, is · Officers, Emp o ee.s and Volunt eers as an "Additional Insured" on ill liabilify pol ic·e'l-. Er..c e ·on ... the addi ·onal insm-ed requirement do es no apply to V orkers ' Co~ation or Automobile !PolicieS-. Agreement with Susan Nardu li for Prelim inary De sign of Public Artwork fo r Far No rth we st Library 23 of25 .'Ufut is respoir;ible for pro,.idi:ng the C i . • a thirty day ( 0) notice of cmcel -on o insurance policy .md may 1mot change the telms .md roitditions of any policy that wa ,:overage, or otheni.iise alter or dis.allow cor.rerage as required herein . W ai-..-er of riglru: of reco-..·ery (:rubrogation in f.n-or of City off 011! W 01 , e scope or The inn1rer for a policies nms be li ~appro---.-ed o do bmine:.:s in the State o Texas. • imurei-s must hai-.-e .> minimnm rating of A-'1111 in e C'Wl"ent A.. l Best Key bting Gui de o.l" .r.-e rea soDAb !y equin ent fi:manc · s"trelli:,ath and s:o T;.""enc y .o e ~tisfaction of~ Management. the rafm g is e aw ·that reqmred, written appror. af Ri s • 1',.~<reme mt is. required . If insw:.mce pol -ci es are no 'il.Tilten for specified coverage limit, an Umbre a. or E.'sces$ Lia • -- • urance for any differences is required.. Exees s. Liability ::;hall fo ow form of e prim;u y coverage_ 'Unles s otherniise mted. all required imurance ~ be written on .m "t,ccmnnee asis ." The d educfi or self-ins ured Il!tentio (S IR.) affecting required in=ance co,-erage shall be acc ep b e to and app1~-ed in writing by the Risk Mana ger of City of .fort Wo!th m regards to as:.et 1,.i.lue and stockho der.z' eqaity_ lieu of lradi • onal insurance , alte.ma1i,;e erage main.tamed ough insurance poo or risk retention gro:ups , m ust aho apprond by City's Risk Manager. City at its sole discretion, res erves the right o re-.:iew the insurance i:-equirements and to make re.aso:mable adjustments to iJBu:rance coverages and !heir limits when deemed .necessary-md prodem by City based upon change s. in statutory l aw, court decisio or the claims history of the im.du.'itry as well as of lb! contracting party to Ccy ofF01 V. 01,th_ City s hall e required to proride prior 1totiee ofmnety day:;. City sh.a entitled, upon reque,.-t ill!ld n i out eKpense , to recen;e copies ,af policies and end or.-.emenh there o and may :make any re~om e requests for del eti.on or rei.ris ion or modifications of partic policy terms, condi ·oas, limitations, or exclusions excep when policy .l"ovisions are establiihed by or regulations binding upon eith er of p~ OT the underwriter on ;my su ch policies.. Agreement with Su san Narduli for Prelimina ry De sign of Public Artwork for Far Northwest Library Ex hibit E Sales Tax E xemption 24 of25 t.i'>.>;:,;r 01-339 <Bac1<> ~-;;;: (Rev.o4-1318) Texas Sales and Use Tax Exemption Certification This certificate does not require a number to be valid. Name c:A purchaser. f1rm or agency City of Fort Worth, Texas Address (Street&number. P.O. Bo,corRoutenumber) I Phone (mo code ond number) 200 Texas Street 817-392-8517 Ctty, State , 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: Ail Vendors Street address : __________________ City , State, ZIP code : ___________ _ Description of items to be purchased or on the attached order or invoice: All items . Purchaser acknowledges that this Certificate cannot be used for the purchase, lease or rental of a motor vehir.1" Purchaser claims this exemption for the following reason: Municipality, 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 understand that it is a criminal offense to give an exemption certificate to the sellerfortaxable items that I know, at the time of purchase, will be used in a manner otherthan that expressed in this certificate, end depending on the amount of tax evaded, the offense may range from a Class C misdemeanor to a felony of the second degree . ~~g~ ► Purchaser/!,---------.--Finance Director/CFO NOTE : This certificate cannot be issued for the purchase, lease, or rental of a motor vehicle . THIS CERT/FICA TE 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 nS21 send the completed certificate to the Comptroller of Public Accounts. Agree ment with Susan Nard ul i for Pre liminary Des i gn of Pu b lic A rtwork for Far Northwest L i brary 25 of25