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HomeMy WebLinkAboutContract 61017City Secretary Contract No. (s;) 0 \ Y AGREEMENT FOR PRELIMINARY DESIGN OF PUBLIC ART FOR FIRE STATION 16 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 Sarah Ayala ("Artist"), an individual residing at 3605 Dexter Avenue , Fort Worth , Texas, 76107. City has designated the Arts Council of Fort Worth and Tarrant County , Inc., DBA 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 ("FWPA") program's goals are to create an enhanced visual environment for Fort Worth residents, to commemorate the City's rich cultural and ethnic diversity , to integrate the design work of Artists into the development of the City's capital infrastructure improvements , and to promote tourism and economic vitality in the City through the Artistic design of public spaces ; WHEREAS, funding for this project was included in the Fort Worth Public Art Fis cal Year 2024 Annual Work Plan , adopted by the Fort Worth City Council on October 17 , 2023 (M&C 23-0844); WHEREAS, the Public Art Project Outline was approved by the FWAC on June 12, 2023 , and is attached as Exhibit "A"; WHEREAS, the Contract Manager conducted an Artist Selection Process based on qualifications in accordance with the Project Outline and the guidelines in the Fort Worth Public Art Master Plan Update, adopted by City Council on October 17, 2017 (M&C G-19140); and on December 11 , 2023 , the Fort Worth Art Commission ("FWAC") approved the Selection Panel 's recommendation of Sarah Ayala as the Artist for the new Fire Station #16; and WHEREAS, City and Artist wish to set out the terms and conditions under which said Work shall be designed to promote the integrity of Artist's ideas and statements as represented by the Work. NOW, THEREFORE, City and Artist , for and in consideration of the covenants and agreements hereinafter set forth , the sufficiency of which is hereby acknowledged, agree as follows: ARTICLE 1 DEFINITIONS As used in this Agreement, the following terms shall have the meanings as set forth below: 1.1. Agreement -Means and includes this Agreement between the City and Artist for Preliminary Design of Public Art for the Site, including all attached exhibits. 1.2 . Artist -Means and includes Sarah Ayala. Ag reement wi th Sarah Aya la for Pre liminary Des ign of Publi c Artwork fo r Fire Station 16 Ex ecution Co py Of Fl Ct AL RECORD CffV SECR Y FT. WORTH, TX 1.3. Artwork Design -Means and includes the Preliminary Design of the Work, which is defined in 1.3.a. below. a. 1.3.a. Preliminary Design -Means all developed preliminary drawings, sketches, prototypes, maquettes , models , narrative descriptions, budget estimates, and the like created by Artist in connection with this Agreement and/or any prior agreement between Artist and City for the Work. 1.4. City -Means the City 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 its 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 review 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 Core Team -Means and includes the group of community members , ge nerally 5-7 people , who are invited by the City Council Member to provide input on the project for its duration in accordance with the Fort Worth Public Art Master Plan Update . 1.11. Project Stakeholders -Means and includes the appropriate City Council Member(s), the Project Core Team and the FWAC's appointed representative and others as may be appropriate. 1.12. Site -Means the southwest corner of Horne Street and Lovell Street (Council District 3) as depicted in the attached Exhibit "B." 1.13. Work -Means and includes the finished object(s) of art and de s ign that are the subject of this Agreement, or any intermediary stage of completion of such work. 2.1. General. ARTICLE 2 SCOPE OF SER VICES a) Artist shall perform all services and will furnish all supplies and materials as nece ssary for developing the Preliminary Design of the Work. Services shall be performed in a professional manner and in strict compliance with all terms and conditions in this Agreement. b) Artist shall determine the artistic expression, scope, design , color, size, material , texture , and location of the Work, subject to approval by City as set forth in this Agreement. City may request changes to the Preliminary De s ign from time to time under this Agreement, and Artist will address City 's requests. Agreement with Sarah Ayala for Preliminary De sign of Public Artwork fo r Fire Station 16 Execution Copy 2 of24 c) Prior to commencing the Preliminary Design , Artist shall meet with and seek input from Project Stakeholders, either in-person or virtually . d) During the first month of Preliminary Design , Artist shall develop and implement a mini-residency with the fire fi ghters at the current Fire Station #16 , in order to learn about their work life and culture, which may inform the artwork approach . e) Artist shall coordinate with City staff and City 's Architectural Consultant on safety and engineering requirements for the Work. The specific location at the Site where the Work shall be installed shall be mutually agreed upon by City and Arti st. f) Artist, upon request of Contract Manager, shall provide information and/or attend meetings with appropriate City staff for purposes of risk assessment, safety review, siting of the Work, and permitting. g) Artist will meet and coordinate with Contract Manager, City staff, and others, as necessary, to explore the feasibility of in t egrating the Work into the Site in terms of structural support or other infrastructure needs for the Work. h) Artist , upon request of Contract Manager, shall provide information and /or attend meetings to communicate their design concepts and coordinate matters pertaining to the Site . i) Artist shall develop the Preliminary Design within the implementation budget set forth in Article 2.3. j) Artist shall present, in-person, the Preliminary Design to the FWAC for joint review with the Project Core Team , other Project Stakeholders, and the appropriate City staff to obtain the FWAC 's approval at a regularl y scheduled FW AC meeting. The Preliminary Design shall be subsequently shared with City staff, boards, or commissions, as appropriate. j) Artist shall allow video recording and photography of their participation during activities related to this Project such as presentations and meetin g s. k) In order to maintain the integrity of the City of Fort Worth 's public art process , for the duration of the Agreement, if Artist intends to seek his/her own publicity for the Work, including publication of the artwork design on Artist 's website or social media, such efforts will occur after Preliminary Design has been approved by the FWAC . Any potential publicity being sought for the Work, including social media and press/media release(s), must be approved , in advance , by Contract Manager, and shall credit the City of Fort Worth in substantially the following form , "an original artwork commi ssioned by and in the public art collection of the City of Fort Worth, Texas," and social media shall include the hashtag #fwpublicart. Ag reement with Sarah Aya la fo r Pre liminary De sign of Pu blic Artwo rk fo r Fire Station 16 Ex ecut ion Copy 3 of24 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 and after the City 's issuance of a purchase order, Artist shall provide services and all supplies , materials, and equipment necessary to provide certain deliverables , as set forth in this Article 2 .3 to City for approval. Preliminary Design Deliverables shall consist of the following : i. Detailed, design illustrations for the Work for the Site, which shall be in a high-resolution digital format , such as JPEG or TrF 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); and 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 $164 ,726.00 , which includes a ll costs for materials , engineering, consulting, labor , fabrication , delivery , installation , insurance (City requirements attached hereto as "Exhibit D"), transportation, remaining Artist's fee of $15 ,784.00 , a contingency of $17 ,450.00, 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. 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 three weeks prior to the scheduled Preliminary Design presentation for staff review. 2.4. Preliminary Design Review. (a) Upon completion of the Preliminary Design Deliverables , Artist shall present the Preliminary Design to the FWAC , Project Core Team, Project Stakeholders , and other community members for review and approval at a regularly scheduled FW AC meeting. (b) City shall notify Artist of approval or disapproval of the Preliminary Design within thirty calendar days of Artist's presentation to the FW AC. Agreement wi th Sarah Aya la for Preliminary Design of Pu bli c Artwork for Fire Station 16 Exec ution Co py 4 of24 ( c) If City requires any revisions to the Preliminary Design , then City shal I inform Artist of each revision. City may require Artist to make such revi s ions to the Preliminary Design as City deems necessary in its so le discretion and /or for the Work to comply with applicable statutes, ordinances, or regulations of any governmental agency. (d) Artist shall have up to thirty calend ar days from the date City informed Artist of the revision(s) to present the revi sed Preliminary Design in conformance with City's requirements. (e) If City disapproves of the resubmitted Preliminary Design , any further Preliminary Desi gn resubmissions w ill be by mutual agreement of the Parties and subject to the procedures and terms in this Article . If the Parties de s ir e not to continue with the resubmission process , then this Agreement will automaticall y termin ate, with payment to the Artist per the payment schedule in Article 3 up through the date of termination . (See Article 4.4.d) (f) Upon City approval of the Preliminary Design, any revisions made to a City-approved Preliminary Design shal l become part of the Preliminary Design. Artist shall incorporate any City-approved revisions into the final desi g n in conformance with City's requirements . Any revisions shall become part of any final design deli verables if the Artist proceeds to the final design phase . (g) Upon the expiration of the Term (hereinafter defined) of this Agreement, if the Preliminary Design is accepted by C ity, negotiations for final design of the Work shall commence. ARTICLE 3 COMPENSATION AND PAYMENT SCHEDULE 3 .1. Compe nsation . Total compensation to Arti st under the Agreement shall be in an amount not to exceed NINE THOUSAND SEVEN HUNDRED SEVENTY-FOUR DOLLARS AND ZERO CENTS {$9,774.00), which shall constitute full compensation for any and a ll costs associated with the Agreement, including an engineering a nd cons ultin g fee a llo wance of up to $2,000.00 , an Artist 's fee of $7,774.00, and any and a ll other services performed and materials furni shed by Artist under this Agreement. Any changes requested by the City s hall not require City to pay Artist any add ition a l compensation under this Agreement. Artist and City may amend this Agreement to allow for additional payment if additional services are required. 3 .2 . Payment Schedule (a) City agrees to pay Artist in the fo llo wing installments set forth below, each installment to represent full and final , non-refundable payment for all se rvices and materials provided prior to the due date thereof: 1. ONE THOUSAND DOLLARS AND NO CENTS {$1 ,000.00) upon execution of this Agreement. ii . ONE THOUSAND DOLLARS AND NO CENTS {$1,000.00) within thirty calendar days after Artist meets with the Project Core Team to gather input on the project. Agreement with Sarah Aya la for Preliminary De sign of Public Artwork for Fire Station 16 Execution Copy 5 of24 ii. ONE THOUSAND DOLLARS AND NO CENTS ($1,000 .00) within thirty calendar days after Artist conducts a "mini-residency" with fire fighters at Fire Station #16. iii. TWO THOUSAND DOLLARS AND NO CENTS ($2,000 .00) within thirty calendar days after Artist submits all the Preliminary Design Deliverables required under Article 2.3 of this Agreement. iv. ONE THOUSAND DOLLARS AND NO CENTS ($1,000 .00) within thirty calendar days after Artist makes a presentation of the Preliminary Design to the FWAC pursuant to Article 2.4(a). v. ONE THOUSAND SEVEN HUNDRED SEVENTY-FOUR DOLLARS AND ZERO CENTS {$1 ,774.00) within thirty calendar days after City's approval of the Preliminary Design. vi. City will provide an allowance of up to TWO THOUSAND DOLLARS AND NO CENTS {$2,000 .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. 3.3. Sales Taxes. City is a tax-exempt organization and no state or local sales taxes or federal excise taxes shall be due upon the Project. City shall supply Artist with the "Texas Certificate of Exemption ," in substantially the same form as that attached hereto as Exhibit "E," for use by Artist in the fulfillment of this Agreement. 3.4. Artist's Expenses. Artist shall be responsible for the payment 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 , costs 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 Agreement with Sarah Aya la for Pr elimina ry De sign of Public Artwork for Fire St at ion 16 Execution Copy 6 of24 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 in accordance with the dispute resolution process set forth in Article 5. lfthe Parties cannot resolve the dispute(s), then the disputing party shall thereupon have the ri g ht 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 calendar days before termination . (b) If termination is for the convenience of City , City shall pay Artist pursuant to the pay ment provisions in Article 3 , and Artist shall continue to provide the City with services requested by City and in accordance with this Agreement up to the effective date of termination. Upon payment in full of all monies due for services provided up to the effective date of termination , City shall have the right, in its sole discretion, to possession and transfer of all work product produced by Artist under this Agreement, including but not limited to finished and unfinished drawings, sketches , photographs, models, and designs, up to the effective date of termination, provided that no right to fabricate or execute the Work shall pass to City. In such event, Artist will be compensated for any services performed and expenses incurred but not yet paid under the Payment Schedule. ( c) If termination is for the convenience of Artist, City shall have the right , in its sole discretion , to pay Artist pursuant to the payment provision in Article 3 or require the Artist to remit to City a sum equal to all payments (if any) made to the Artist pursuant to this Agreement prior to the effective date of termination. If City chooses to pay Artist, then all work product produced by Artist under this Agreement, including but not limited to finished and unfinished drawings , sketches , photographs, models, and designs up to the effective date of termination shall become property of City . If termination is for the convenience of Artist and if such termination occurs after Artist's submittal of Preliminary Design Deliverables required under Article 2.3 of thi s 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, then City shall pay Artist per the payment schedule in Article 3 up through the date of termination. City shall have the right to possession and transfer of Ag reement w ith Sarah Aya la fo r Prelimin ary Des ign of Publi c Artwork for Fire Stat ion 16 Ex ec ution Copy 7 of 24 all work product produced by Artist under this Agreement, including but not limited to finished and unfinished drawings , sketches, photographs, models, and designs up to the effective date of termination. In such event, Artist will be compensated for any services performed and expenses incurred but not yet paid under the Payment Schedule. 4.5. Incapacity of Artist. (a) In the event of Artist's death or of 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) In the event of termination under this Article 4.5 after Artist's Preliminary Design has already been approved, City shall have the right to complete the Work, if feasible . Due regard shall be made for Artist's intended results (as per Artist 's Preliminary Design), and proper credit and acknowledgement shall be given to Artist. ARTICLE 5 DISPUTE RESOLUTION (a) If either Artist or City has a claim , dispute , or other matter in question for breach of duty , obligations , services rendered , or any warranty that arises under this Agreement, the Parties shall first attempt to resolve these issues through this dispute resolution process. The disputing party shall notify the other party in writing as soon as practicable after discovering the claim, dispute, or breach. The notice shall state the nature of the dispute and list the party 's specific reasons for such dispute. Within ten 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. (b) If the Parties fail to resolve the dispute within sixty calendar days of the date ofreceipt 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 Artist 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 Agre ement with Sarah Aya la fo r Prelimin ary De si gn of Publi c Artwo rk fo r Fire Stat ion 16 Exec uti on Copy 8 of24 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. General. (a) Upon payment in full to Artist or pursuant to the applicable termination provision of this Agreement, the Preliminary Design, Work, and all other work product under this Agreement shall become the property of City, without restriction on future use , except as provided below. Artist shall retain copyright and other intellectual property rights in and to the Preliminary Design and/or Work. By execution of this Agreement, Artist grants to the City an exclusive, perpetual , royalty free , and irrevocable license to graphically depict and publicly display the Preliminary Design and /or Work for any non-commercial purpose whatsoever, except that the Work cannot be reproduced in any three- dimensional form without permission from Artist. For purposes of thi s limitation , any graphic depiction or display of the Preliminary Design and/or Work intended to promote or benefit City, its public services , or its public purposes , regardless of whether or not a fee is charged to the public, or whether revenue is otherwise received by City, shall be deemed a non-commercial purpose. (b) In view of the intention that the Preliminary Design and the Work be unique, Artist shall not make any additional exact duplicate reproductions of the Preliminary Design or the Work, nor shall Artist grant permission to others to do so except with the express written permission of City. However, nothing herein shall prevent Artist from creating future artworks in Artist 's manner and style of artistic expression. (c) Artist reserves every right available under the Federal Copyright Act to control the making and dissemination of copies or reproductions of the Preliminary Design and/or Work (including all work product under this Agreement), except as those rights are limited by this Agreement. City may make and disseminate photographs , drawings , and other two-dimensional reproductions of the Preliminary Design and /or Work and accompanying materials for any municipal purpose. All reproductions by the City shall contain a credit to the Artist and a copyright notice in substantially the following form: "© date, Artist's name, Title of Work, All Rights Reserved ." (d) Nothing in this Agreement shall prevent the Artist from using images of the Preliminary Design and/or Work (including all work product under this Agreement) for marketing and promotional purposes in connection with the Artist's business. (e) City is not responsible for any third-party infringement of Artist's copyright and not responsible for protecting the intellectual property rights of Artist. Agre ement with Sarah Aya la fo r Preliminary Des ign of Publi c Artwo rk fo r Fi re Sta tion 16 Exec ut ion Copy 9 of 24 (f) Artist is not responsible for third-party infringement of the City's licensed use of the Preliminary Design and Work . 6.2. Artist's Address . Artist shall notify City of changes in Artist's address as set forth in Article 12. The failure to do so, if such failure prevents City from locating Artist, shall be deemed a waiver by Artist of the right subsequently to enforce these provisions that require the express approval of or notice to Artist. Notwithstanding this provision , City shall make every reasonable effort to locate Artist when matters arise relating to Artist's rights . ARTICLE 7 WARRANTIES OF TITLE AND COPYRIGHT (a) Artist represents and warrants that: 1. Preliminary Design and/or Work shall be the original product of the Artist's sole creative efforts; ii. Preliminary Design and/or Work is and will be unique and original and does not infringe upon any copyright or the rights of any person ; iii. Artist has not sold, offered for sale, assigned, transferred, licensed, granted, encumbered, or utilized the Preliminary Design and/or Work or any copyright related thereto that may affect or impair the rights granted pursuant to this Agreement; iv. Preliminary Design and/or Work (or duplicate thereof) have not been offered or 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 v1. All services performed hereunder shall be performed in accordance with all applicable laws , regulations, ordinances , etc., and with all necessary care, skill , and diligence. ARTICLE 8 ARTIST AS INDEPENDENT CONTRACTOR Artist shall perform all work and services hereunder as an independent contractor, and not as an officer, agent, servant, or employee of City. Artist shall have exclusive control of, and the exclusive right to control the details of, the work performed hereunder and all persons performing same, and shall be solely responsible for the acts and omissions of his /her officers , agents , employees, and subcontractors. Nothing herein shall be construed as creating a partnership or joint venture between City and Artist, his /her officers, agents, employees, and subcontractors, and the doctrine of respondeat superior has no application as between City and Artist. Agreement with Sarah Ayala for Prelimin ary Des ign of Public Artwork for Fire Station 16 Execution Copy 10 of24 9.1. General Indemnity. ARTICLE 9 JNDEMNIFICA TION (a) ARTIST COVENANTS AND AGREES TO AND DOES HEREBY INDEMNIFY, HOLD HARMLESS, AND DEFEND, AT ITS OWN EXPENSE, CITY FROM AND AGAINST ANY AND ALL CLAIMS, LAWSUITS, JUDGMENTS, ACTIONS, CAUSES OF ACTION, LIENS, LOSSES, EXPENSES, COSTS, FEES (INCLUDING BUT NOT LIMITED TO REASONABLE ATTORNEY'S FEES AND COSTS OF DEFENSE), PROCEEDINGS, DEMANDS, DAMAGES, LIABILITIES, AND/OR SUITS OF ANY KIND OR NATURE, INCLUDING BUT NOT LIMITED TO THOSE FOR PROPERTY LOSS (INCLUDING BUT NOT LIMITED TO WORKERS' COMPENSATION ACT LIABILITY, LOST PROFITS, AND PROPERTY DAMAGE), AND/OR PERSONAL INJURY (INCLUDING BUT NOT LIMITED TO DEATH) TO ANY AND ALL PERSONS, OR OTHER HARM FOR WHICH RECOVERY OF DAMAGES IS SOUGHT, OF WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR RESULTING FROM ANY ACTS, ERRORS, OR OMMISSIONS OF ARTIST AND/OR ARTIST'S SUBARTISTS AND CONTRACTORS AND THEIR RESPECTIVE OFFICERS, AGENTS, EMPLOYEES, DIRECTORS, MEMBERS, PARTNERS, AND REPRESENTATIVES IN CONNECTION WITH THE EXECUTION, PERFORMANCE, ATTEMPTED PERFORMANCE, OR NONPERFORMANCE OF THIS AGREEMENT. (b) Artist agrees to and shall release City from any and all liability for injury, death , damage, or loss to persons or property sustained or caused by Artist in connection with or incidental to performance under this Agreement. ( c) Artist shall require all of its subcontractors to include in their subcontracts a release and indemnity in favor of City in substantially the same form as above. 9.2. Intellectual Property. Artist agrees to assume full responsibility for complying with all state and federal copyright laws and any other regulations, including but not limited to the assumption of any and all responsibilities for paying royalties that are due for the use of other third-party copyrighted works by Artist. City expressly assumes no obligations , implied or otherwise, regarding payment or collection of any such fees or financial obligations. City specifically does not authorize, permit, or condone the reproduction or use of copyrighted materials by Artist without the appropriate licenses or permission being secured by Artist in advance. IT IS FURTHER AGREED THAT ARTIST SHALL RELEASE, DEFEND, INDEMNIFY, AND HOLD HARMLESS CITY FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES, ACTIONS, OR EXPENSES OF EVERY TYPE AND DESCRIPTION, INCLUDING BUT NOT LIMITED TO ATTORNEY'S FEES, TO WHICH THEY MAY BE SUBJECTED ARISING OUT Agreement with Sarah Aya la for Preliminary De sign of Public Artwork for Fire Station 16 Exec ution Copy 11 of24 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 applicab le to the performance of Artist's services under this Agreement. 11.2 . Entire Agreement. This writing embodies the entire agreement and understandin g between the Parties hereto, and there are no other agreements or understandings, oral or written, with reference to the s ubject matter hereof that are not merged herein and superseded hereb y. 11.3. Amendments. No alteration, change, modification , or amendment of the terms of this Agreement shall be val id or effective unle ss 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, or conditions of this Agreement. The payment or acceptance of fees for a ny period afte r 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 rea l or asserted, at law or in equity, arises on the basis of any provision of this Agreement, venue for such act ion s hall lie in state courts located in Tarrant County, Texas , or the Un ited Agreement with Sarah Ayala for Prelimin ary De sign of Public Artwork for Fire Station 16 Execution Copy 12 of24 State s 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 an y part hereof without such prior written consent shall be void. This Agreement shall be binding upon and shall inure to the benefit of City and Artist and their respective successors and permitted assigns . 11.7 . No Third-Party Beneficiaries. The provisions and conditions of this Agreement are solely for the benefit of City and Artist, and any lawful successor or assign , and are not intended to create any rights , contractual or otherwise, to any other person or entity. 11.8. Severability . lfany provision of this Agreement shall be held to be invalid , illegal , or unenforceable, the validity, legality, a nd enforceability of the remaining provisions shall not in any way be affected or impaired. 11.9. Force Majeure. It is expressly understood and agreed by the Parties to thi s Agreement that if the performance of any obligations hereunder is delayed by reason of war; civil commotion ; acts of God ; inclement weather; governmental restrictions , regulations , or interferences; fires ; strikes ; lockouts; national disasters; riots ; material or labor restrictions ; transportation problems; or any other circumstances which are reasonably beyond the control of the party obligated or permitted under the terms of this Agreement to do or perform the same, regardless of whether any such circumstance is similar to an y of those enumerated or not, the party so obligated or permitted shall be excu sed from doing or performing the same during such period of delay, so that the time period applicable to such design or construction requirement shall be extended for a period of time equal to the period such party was delayed. 11.10. Contract Construction. The Parties acknowledge that each party and , if it so chooses , its counsel , have reviewed and revised this Agreement and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement or an y 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 Ag ree ment w ith Sarah Aya la fo r Pre limin ary Des ign of P ub lic Artwork fo r Fire Statio n 16 Ex ec ut io n Co py 13 of24 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. l 1.15. Survival Provision. The provisions contained in Articles 4.5 (Incapacity of Artist), 6 (Ownership and Intellectual Property Rights), 7 (Warranties of Title and Copyright), 8 (Artist as 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 via email shall be as legally binding for all purposes as an original signature. 11.17. Time Extensions. The Parties may agree, in writing, to extend or modify any of the deadlines set forth in 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: Agreement w ith Sarah Ayala for Pr elimi nary Design of Public Artwork for Fi re Station 16 Exec ution Copy 14 of24 1. ClTY OF FORT WORTH: Copies to: 2. ARTIST Fernando Costa, Assistant City Manager City Manager's Office City of Fort Worth, Fort Worth City Hall 200 Texas Street Fort Worth, TX 76102-6314 Leann Guzman, City Attorney Office of the City Attorney City of Fort Worth, Fort Worth City Hall 200 Texas Street Fort Worth, TX 76102-6314 Martha Peters , Director of Public Art Arts Council of Fort Worth & Tarrant County, Inc . DBA Arts Fort Worth 1300 Gendy Street Fort Worth, TX 76107 Sarah Ayala 3605 Dexte r A venue Fort Worth, Texas , 76107 (Signature Page to Follow) Agreement with Sarah Aya la for Preliminary De s ign of Public Artwork for Fire Station 16 Execution Copy 15 of24 IN WITNESS HEREOF, the Part ies hereto have cxeculcd lhis Agreement to be effective as of the Effective Date. CITY OF FORT WORTH by~~;J.tL FcmandoCosta Assistant City Mnnagcr Date: 4/7/2023 Dale : __ 2. __ /~2 _0.,._/_2,_o _..2_+_ ------------- CONTRACT COMPLIANCE MANAGER By signing , I acknowledge that 1 am the person responsible for the monitoring nnd administrulion of this cont met, including ensuring all performance and reporting requirements . ~n~ Title : Public Art Project Manager APPROVED AS TO FORM AND LEGALITY: / /':)~ By: ~ '-f' Trey Qua! Assistant City Attorney ATTEST: Porm 1295: Not Applicublc Contract Authorization: No M&C required. Ordinance No. 24161-04 -2020 Agreement with S11rah 1\r;•la lc.1r r1~l imi11ary Ocs ign ofruhlk ArtW\lrk 1hr Fir.: Slatiun I(, lhcculiun C11py Of FICIAL RECORD C~lY SECRETARY fT. WORTH, r 2 MEETING DATE : PROJECT NAME : J n e 12, 2023 FI RE STA111ON 1,6 Exhibit A: Proj ect Outline AGE NDA ITEM: V.a . CITY Of FORTWOR11f ART COMMISSION ,.1of3 ACTION ITEM : Approve Pr,oj ectOutline or ·, e New Fi re Station 16, to b e con~tructed in the ·cinityo· e ,curr Fi r e Statio 6 at 59'33 Ged des Ave, 76 07 (Co ·1 istrict: 3) AREAMAP The City of iFort Worth is replad g existin g F,ire Station 16, which will be located nea r e rurrent Fire Station 16 i Council District .3, and adj acent to Council District 6. The new fire Station 1'6 wil be based on a two~story prototype previously developed tor Fi re Station 26 by Komatsu Arch itects. The city expects to be.gin design i n summer ,o 2023 and comp lete conwuction in May 2025 . FIRE STATIO N PROTOTYPE DESIGN by Komatsu Architecture I l;i I I J _i [I I -. ,_,, ...... l - -.:.· ..... ••• --~--': &nail:~org Ag reeme nt with Sarah Aya la for Prelimin ary Design of Public Artwo rk for Fire Station 16 Execution Copy Phone: 817.2983028 17 of24 MEfTING DATE : PROJECT NAME : Ju ne 12, 2023 IRE STATION 16 AGE DA ITEM : V.a. CITY OF FORT WORTH ART CCMMISSION Plle2of3 ACTION ITEM : Approve Project Outli ne or e New Fire Sta ·on 16, o be constructed in the vicinity o e curre t Fi re Statio 16 a 5933 Ge d des Ave, 76 0 7 (Co ncil District 3 ) PUBLIC ART SITT AND APPROACH Once the property is purchased for the new Fire Station 16, it is Ii ely that incorporating the artWort into the bui ding's exterior may be th!! best approach . Th is would ensurl! the artwork is visible from the streets and experienced primari by motorists . If the site allows, the artwork could also bl! free-standi ng . As with other recl!nt fir!! station projects, the se lectl!d artist will be rl!quired to participate in a micro-rl!sidency with the firefightl!rs at the current Fire Station #16. After app roval of the Projl!Ct Outline, the Proj l!ct Core Team will meet via video conference and receivl! a proj ect onentation during which they will haVI! th!! opportunity to share thei r communitil!S' unique qua ities and cobl!Ctively shaPI! their eoals and approaches for th!! artwork that are rell!Vant to the heart of Fort Worth's wl!StSidi! and th!! frre fiit\tl!rs who Sl!rve them. PUBUCART BUDGET Approximately Sl 74,500 .00 (induding contingl!ncy) from the Public Art Plan for the 2022 Bond Program, Proposition D, is availab e for th!! Fir!! Station #16 Public Art Project. The project is included i n the Fort Worth Pub ,c Art Fiscal Year 2023 Annual Wark Plan, adopted by the Fort Worth City Council on Novembl!r 29, 2022 (M&C 22-0932 ). fUGIBILITY Staff will recommend 6-8 loca l artists from the 2022 Fort Worth Public Art Pre-Qwlified List of Emerg ing Artists Whosl! work would be a good fit for the project. ARTIST SElECTION PROCESS SElfCTION PANEL MEmNG #1 FWPA staff shall presl!nt a pool of 6-8 artists for consideration by th!! Artist Si!lection Panl!I. Artists will be contacted prior to bi!"n& considered, to ascertain thl!ir intl!fl!st and availability. The Artist Selection Panel shall revil!W the artists' qualifications and Sl!lect 3 fma lists and 1 alternate. FINALIST ORIENTATION Thi! finalists shall participatl! in an orientation or the proj ect, indudi ng an i n-person site visit. SElfCTION PANEL MEmNG #2 (In Person Pref!!rred) Thi! Artist Si!lection Pani!I shall i nterview i!ach of the 3 finaflstS individually. The Pani!I may thi!n ask questions p,!rtinent to the project and/or about the artist's profl!ssio al experience. Thi! Panel w · I then recomml!nd one artist and on!! al tl!mate for the project. Upon the Fort Worth An Commission's approval, a Pre mi nary Design contract wiff be Ul!cuted with th!! selected artist. MEETING FACILITATOR: AMe Allen , Publ ic Art Proj ect Manager, Arts Fort Worth ARTIST SElECTION PANEl Noting} Council Member Michael Crain, o District Dirl!aor Oani!l Mason (CD 3) Council Member Jared Williams , or Di.strict Director Davia Johnson (CD 6) Dimitra campbe.11, Elected Project Corl! Tl!am Member Stephanie Muzi, Bected Project Cori! Tl!am Mi!mber Jaml!S Talambas, Fort Worth Art Commission PrajectMw I .AraMen Emll: fflledwtsbtworttJ ore Agreement with Sarah A yala for Preliminary De sign of Public Artwork for Fire Station 16 Execution Copy Phone: l17..298.302I 18 of24 MEETING DATE : PROJECT NAME: Ju n e 12, 2023 FI RE STAT ION 1 6 AGE NDA ITEM:V.a. CITY OF FORT WORTH ART' COMMISSION Pate3of3 ACTION ITEM : Approve Pr,oj ect Outli ne or the New Fire Station 16 , to be construct,ed in the ·ci ni tyo , e ,cu rre t Fire stat io 6 at 5933 •Ged des Ave, 76 07 !Co ncil istrict 3 ) Captai n Ben cr,andall, Fire Depanment Ry.an iBra ntley, Komatsu Arch itecn..-e FBna do Alva~ez Caraccio i, Artist/ Arts Pr ofess i ona l Johni ca Riv~. Artist/Arts Professional ADVISORS ,(Non-voting} L Danel Ma.son, Distria 3 Director 2.. Davi a Johnson, Di strict 6 Director 3. Karl :Komatsu, Komatsu Architeaur e 4. Derek Edwards, Fire Department 5. Michael Kazda, Fire Depanment 6_ Ryan Ze lazny, Fire Department 7. Ra lph Di amond, Fire Department 8. Do n Isaacs, Arch it.ectural Services, COF\V 9. Ni ita Watts, Architectural Services, COFW 10. Project Core Team Members u_ Others , as m ay be appropriate PROJECT CORE TEAM L Ell a Burton, Lake Como Council 2.. Lydia Gua jardo Rickard, Camp Bowie Di strict 3. Annabel Step an, Ridglea 4. Step hanie Muzi, Ridglea North 5. Dimitra -Dee -campbe ll, Como TIMRINE (Subject to change] Proj ect Outline Approved Pr oj ect Core Team Ori entatio n Selection Pane l Meeting #1 Fina list Orientation Selection Pa el Meeting #2 (l nteiviews ) FWAC approval Email· aallen artsfortworth.o June 12, 2023 June 2023 October 26, 2023 November, 2023 November, 2023 December 11, 2023 ne:817_298.3028 Agreement with Sarah Ayala for Preliminary De s ign of Public Artwork fo r Fire Station 16 Execution Copy 19 of24 Exhibit B: Site Southwest corner of Horne Street and Lovell Street, Council Districts 3 and 6 SITE PLAN Agre ement with Sarah Ayala fo r Pr elimin ary De sign of Public Artwork for Fire Station 16 Exec ution Copy 20 of24 E xhibit C Preliminary Des ign Budge t F orm PROJECT BUDGET ARTIST DEVELOPMENT TEMPLATE ~~~ FEES Artist fee (Studio Overhe.id, oes ip,, Admin) Engineer Lighting Designer Conservator PhotograpMr Other ProfHSion.1 1 Fees SUS-TOTAL F'EES 'TRAVEL (8a.sed on GSA Rates) n.tnspor.ition lodp .ng Per di em (muls and incident.its) SUB-TOTAL TRA\IEL FABRICATION M,lterials Artist labor (hours x S per hour) f.ibricator/Labo r by others Rent.its (equipment, fibrication sp.ice , etc .) SUB-TOTAL FABRICATION INSTALLATION Ttanspo".ition o Artwork Per mits Site Preparation / Re media • on fOOti :s I foundat ions Electrica l connections / Modi ations fnstal er Labo Equtp n Renta l lnffic control s«urity SUB-TOTAL INSTALLATION INSURA CE Generil tab' ity (pror1ted) Other SUB-TOTAL OVERHEAD CONTINGENCY GRANO TOTAL Agreement with Sarah Ayala for Preliminary Design of Public Artwork for Fire Station 16 Execution Copy 21 of24 PROJECT BUDGET ARTIST DEVELOPMENT TEMPLATE PROJECT FEES Artist fee (Studio overhHd, oes· , dmin) Engine er Lighting Designer conservator Photo:rapher Other Professiona l fees SUS-TOTAL F'EES TRAVEL (8;ued on GSA Rates) Traruporation Lodging Per diem (meals and incidentals) SUB-TOTAL TRAVEL FABRICATION Materials Artist labor (hours S per hour) Fabrica tor/1.1bor by others Rent,11 ls (equipment, rabrication spxe, etc,) storage SUB-TOTAL FABRICATION COSTS INSTALLATION mruportation o ArtWort Permits s.ite Prepara • n / Remedia • on fOotin:s / foundations Electr ica l connections / Modifications 1nsta er Labor Equipment Renta l mffic control ~urity SlJ3-TOTA1. INST lATION· INSURA CE Genera l Liab· ity (prorated) SlJ3 -TOTAL OVSIHEAO CONTINGENCY GRAND TOTAL Agreement with Sarah Ayala for Preliminary De sign of Public Artwork for Fire Station 16 Execution Copy 22 of24 Exhibit D Insura nce R equirem ents PUBLIC ART PROJECTS -INSURANCE REQ Artist s meet ill e following inruran.ce requirements for this Project. If Arti:.t s bcontract. fabrication, tramporlation andlo installation of the Wod, then Artis t shall also require Im/her subool!ltradot{s) to abide , • of the fo ll<J\\-ing inrur.m.ce requirements . Commerd.'11 C+:nmtl Liabili~-(CGL) S ,000 ,00 S2 ,000 ,000 Each occ:un:uiee Agp:eg2te l imit Co-.-enge :;ha include, b:ut .o-t be limited to , e folio~: ~ ,operations, in:~mdmt contractors , produ: competed oper.atiom , pei:.onal !Llzjlll'Y, .md contractual l iability. Insurance shall be pro...,-ided on .m ~e basis, and be as compre!w1sn--e as ibe cu:n:mt furur,mce Serrice,; Office (ISO) policy. The po • y shall name City as an additiona msw-ed. Bailtt ~Property (if :1ppliuble) The • d marine policy s pro,-ide ~ o«ummce conni:;e, ;at repla.eemeDt co-st value based on tbe atesi appr.iised value of me Aml.•ork which .is entrusted to the A.inst and is eonsidered to e in the Artist 's can, e:ustody and ,conirol and shall include property in b-:imit."' Automobile Lfabilily S 000,000 •or S250,000 S:500,000 S 00,000 Eaeh. ac:.cident Bodily Injury~ per-..o Bodily Inj ury per occurrence Property Damage A commercial bus:ine:.s policy shill provide c.-o1.·erage on "Any Auto ,• defined as autos ~ hired and no -cm!led. For Artist andi'or Adist 's SulbcO!lliracto:rs who have emp oyees: Workers '. Compensation Statuto1;,· limits Employer' lfabilii1· S 00 000 Each .accide oe:c:w:renc:e• S 00 000 Disease -per each employee S:500 000 Bodily Injury/Disease -policy limit Wor.kei-:.' Compensation co,.-enge :. . pro1."ide limits consi:.te with statu1o.ry benefits outlined in the Te=.wor.kers' Compematio Act (Ait 83 08-.. 0 et s e . Tex . Rev.Civ .Stal). Gll\::ERAL POLICY RI:Q HREME!\T The c::eniiic:ate ofinrurmee shill include an endorsement namin~ e City off.art Wo1th, ib' Officer.., Emp oyees and Volunteers as m "Additional Insured" om ill liability policiu Exception._. the additional insured requirement doe !. no apply to W ozker..' Compensztion or Automobile policiu. Agreement with Sarah Ayala for Preliminary Design of Public Artwork for Fire Station 16 Exec ution Copy 23 of24 /J0,>;t:,: 01-339 (Bocl<) ~ ';: (Rev.◄-1318) Exhibit E Sales Tax Exemption Texas Sales and Use Tax Exemption Certification This certificate does not require a number to be valid. Namootpurcha-. flrmor_,cy City of Fort Worth, Texas Address (Street & number, P.O. Box or Route 11tJmber) I Phone /Area code 1111d number) 200 Texas Street 817-392-8517 City, Slate,ZIPcode Fort Worth, Texas 76102 I, the purchaser named above, claim an exemption from payment of sales and use taxes (for the purchase of taxable items described below or on the attached order or Invoice) from : Seller: All Vendors Street address : __________________ City, State, ZIP code : ___________ _ Description of Items to be purchased or on the attached order or invoice: All items. Purchaser acknowledges that this Certificate cannot be used for the purchase, lease or rental of a motor . 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 lo give an exemption certificate lo the seUerfortaxable items that I know, at the time of purchase, willbeusedlnamannerolharlhanthatexpmssedinthiscertificate,anddependingonlheamountoflaxevaded,lheoffensemayrange from a Class C misdemeanor lo a felony of the second degree. Purchaser ~~~► 11-------.--Finance Director/CFO NOTE: This certificate cannot be issued for the purchase, lease, or rental of a motor vehicle . THIS CERTTFICATE DOES NOT REQUIRE A NUMBER TO BE VALID. Sales and Use Tax "Exemption Numbers• or "Tax Exempr Numbers do not exist. This certificate should be furnished to the supplier. Do nm send the completed certificate to the Comptroller of Public Accounts. Agreement with Sarah Aya la for Prelim in ary De si gn of Publi c Artwork for Fire Station 16 Exec uti on Copy 24 of24 FORT WORTH Routing and Transmittal Slip ___ FWLab -FWPA ______ Department TITLE: FIRE STATION 16 SARAH AYALA PRELIMINARY DESIGN CONTRACT CPN CSO# DOC# ------------------ DATE: TO: INITIALS DATE OUT 1. Trey Qualls TQ 2/20/24 2 . Fernando Costa :-re-:z/2,0/~2A 3 . Janette Goodall 4 . 5. 6. DOCUMENTS FOR CITY MANAGER'S SIGNTURE: All documents received from any and all City Departments requesting City Manager's signature for approval MUST BE ROUTED TO THE APPROPRIATE ACM for approval first. Once the ACM has signed the routing slip , David will review and take the next steps. NEEDS TO BE NOTARIZED: □ Yes X No RUSH: D Yes X No SAME DAY: D Yes X No NEXT DAY: 0 Yes O No ROUTING TO CSO: X Yes D No Action Required: □ As Requested □ Attach Signature, Initial and Notary Tabs □ For Your Information X S ignature/Routing and or Recording □ Comment □ File Return to: Please call Anne Allen at 817-298-3028 or at 817-637-7388 (aallen@artsfortworth.org) for notification when executed . Thank you .