HomeMy WebLinkAbout064876 - Construction-Related - Contract - Phyllis Wahahrockah-TasiCity Secretary Contract No.64876
PROFESSIONAL SERVICES AGREEMENT BETWEEN
THE CITY OF FORT WORTH AND PHYLLIS WAHAHROCKAH-TASI
This PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and 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 its duly authorized Assistant City Manager, and Phyllis Wahahrockah-Tasi ("Curator"),
An individual, located at 1612 Fulwider Lane, Norman, OK 73072. The City has designated the Arts
Council of Fort Worth & Tarrant County, Inc. D/B/A Arts Fort Worth ("Contract Manager") to manage
this Agreement on the City's behalf. The Contract Manager shall act through its designated Public Art
Project Manager.
WHEREAS, pursuant to Chapter 2, Sections 2-56 through 2-61 of the Fort Worth Code of
Ordinances, the Fort Worth Public Art Program's goals are to create an enhanced visual environment for
Fort Worth residents, to commemorate the City's rich cultural and ethnic diversity, to integrate the design
work of artists into the development of the City's capital infrastructure improvements, and to promote
tourism and economic vitality in the City through the artistic design of public spaces;
WHEREAS, funding for the Paddock Park public art project was included in the Public Art Plan
for the 2022 Bond Program, adopted by the Fort Worth City Council on November 29, 2022, as M&C 22-
0935, and this project is included in the Fort Worth Public Art Fiscal Year 2025 Annual Work Plan, adopted
by the City Council on November 12, 2024, as M&C 24-1001;
WHEREAS, the Public Art Project Outline was approved by the Fort Worth Art Commission
("FWAC") on February 17, 2025, and is attached as Exhibit "A" which included the selection of a
Curatorial Panel to identify a pool of artists with suitable experience and craftsmanship to be considered
for the Paddock Park public art project; and
WHEREAS, Contract Manager conducted a Curatorial Panel Selection Process based on
qualifications in accordance with the Proj ect Outline and the guidelines in the Fort Worth Public Art Master
Plan Update, adopted by City Council on October 17, 2017, as M&C G-19140; and on August 18, 2025,
the FWAC approved the Selection Panel's recommendation of Curator for the Curatorial Panel for the
Project;
NOW, THEREFORE, in consideration of the mutual covenants herein expressed, the Parties
agree as follows:
AGREEMENT DOCUMENTS:
The Agreement documents shall include the following: OFFICIAL RECORD
1. This Professional Services Agreement; CITY SECRETARY
2. Exhibit A — Public Art Project Outline FT. WORTH, TX
3. Exhibit B — Texas Sales and Use Tax Exemption Certificate
The term "Curator" shall include the Curator and his/her officers, agents, employees, representatives,
servants, contractors, and subcontractors.
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The term "City" shall include its officers, employees, agents, and representatives.
All Exhibits referenced above and attached hereto are incorporated herein and made a part of this
Agreement for all purposes. In the event of any conflict between the documents, the terms and conditions
of this Agreement shall control.
1. SCOPE OF SERVICES.
1.1 Curator shall perform all services and will furnish all supplies, materials, and equipment
as necessary for identifying a qualified pool of artists and producing required deliverables.
Services shall be performed in a professional manner and in strict compliance with all terms
and conditions in this Agreement.
1.2 Prior to identifying artists, Curator shall participate virtually in one (1) meeting with the
Public Art Project Manager, City staff, project consultants, and project stakeholders and
other Curatorial Panel members to discuss the goals and context of the public art project.
1.3 Curator shall research and identify artists with large-scale sculpture experience and
craftsmanship who have created artwork addressing Native American heritage.
1.4 Curator shall participate virtually in a minimum of two (2) meetings with other members
of the Curatorial Panel for the selection of a pool of approximately 6-8 artists with suitable
experience and craftsmanship who can create artwork addressing Native American
heritage.
1.5 For each artist selected for the artist pool, Curator shall assist the Curatorial Panel in
collectively gathering the following materials, to be delivered to the Contract Manager:
1.5.1 A brief written biography of 300 words, maximum
1.5.2 Images of five artworks or public art projects and description of each work
1.5.3 Three professional references
1.5.4 A letter of interest from the artist regarding the Paddock Park public art project
1.6 After identifying artist pool and providing materials listed in 1.5, Curator shall virtually
attend one (1) selection panel meeting where artist finalists are selected.
1.7 Curator shall notify City and Contract Manager, in writing, when all services have been
completed in accordance with the terms of this Agreement.
2. TERM.
This Agreement shall be in effect upon execution by the City and, unless terminated earlier pursuant
to the provisions of this Agreement, shall extend until final payment to Curator by City of any amounts
owed under this Agreement.
3. COMPENSATION.
3.1 City shall pay Curator an amount up to One Thousand Dollars and No Cents ($1,000.00)
in accordance with the provisions of this Agreement. Payment from the City to the Curator shall be made
on an invoice basis following receipt of a signed invoice with adequate deliverables of materials outlined
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in 1.5 provided at submission of invoice, all in a form acceptable to the City. Curator shall not perform any
additional services or bill for expenses incurred for City not specified by this Agreement unless City
requests and approves in writing the additional costs for such services. City shall not be liable for any
additional expenses of Curator not specified by this Agreement unless City first approves such expenses in
writing.
3.2 City is a tax-exempt organization; therefore, no state or local sales taxes or federal excise
taxes shall be due pursuant to this Agreement. City shall supply Curator with the certificate for use by
Artist in the fulfillment of this Agreement in substantially the same form as Exhibit `B" (Texas Sales and
Use Tax Exemption Certificate), which is attached hereto and incorporated herein for all purposes.
4. TERMINATION
4.1. CONVENIENCE.
The City or Artist may terminate this Agreement at any time and for any reason by providing the
other party with at least 30 days' written notice of termination.
4.2. NON -APPROPRIATION OF FUNDS.
In the event no funds or insufficient funds are appropriated by the Fort Worth City Council in any
fiscal period for any payments due hereunder, City will notify Curator of such occurrence and this
Agreement shall terminate on the last day of the fiscal period for which appropriations were received
without penalty or expense to the City of any kind whatsoever, except as to the portions of the payments
herein agreed upon for which funds have been appropriated.
4.3. BREACH.
Subject to Section 27 herein, either party may terminate this Agreement for breach of duty,
obligation, or warranty upon exhaustion of all remedies set forth in Section 27.
4.4. DUTIES AND OBLIGATIONS OF THE PARTIES.
In the event that this Agreement is terminated early, the City shall pay Curator for services actually
rendered up to the effective date of termination, and Curator shall continue to provide the City with services
requested by the City and in accordance with this Agreement up to the effective date of termination. Upon
termination of this Agreement for any reason, Curator shall provide the City with copies of all completed
or partially completed documents prepared under this Agreement. In the event Curator has received access
to City information or data as a requirement to perform services hereunder, Curator shall return all City -
provided information or data to the City in a format deemed acceptable to the City.
5. DISCLOSURE OF CONFLICTS AND CONFIDENTIAL INFORMATION.
5.1 Disclosure of Conflicts. Curator hereby warrants to City that Curator has made full
disclosure in writing of any existing or potential conflicts of interest related to Curator's services under this
Agreement. In the event that any conflicts of interest arise after the effective date of this Agreement, Curator
hereby agrees to immediately make full disclosure to City in writing.
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5.2 Confidential Information. Curator, for itself and its officers, agents, and employees, agrees
that it shall treat all information provided to it by City ("City Information") as confidential and shall not
disclose any such information to a third -party without the prior written approval of City.
5.3 Public Information Act. Curator understands that City is a government entity under the
laws of the State of Texas and that as such all documents held or maintained by City may be subject to
disclosure under the Texas Public Information Act. In the event there is a request for information marked
by Curator as "Confidential" or "Proprietary," City shall promptly notify Curator. It will be the
responsibility of Curator to submit to the Texas Attorney General's Office reasons objecting to disclosure.
A determination on whether such reasons are sufficient will not be decided by City, but by the Office of the
Attorney General of the State of Texas or by a court of competent jurisdiction.
5.4 Unauthorized Access. Curator shall store and maintain City Information in a secure manner
and shall not allow unauthorized users to access, modify, delete, or otherwise corrupt City Information in
any way. Curator shall notify City immediately if the security or integrity of any City Information has been
compromised or is believed to have been compromised, in which event Curator shall, in good faith, use all
commercially reasonable efforts to cooperate with City in identifying what information has been accessed
by unauthorized means and shall fully cooperate with City to protect such City Information from further
unauthorized disclosure.
6. RIGHT TO AUDIT.
Curator agrees that the City shall, until the expiration of three (3) years after final payment under
this contract or the final conclusion of any audit commenced during the said three years, have access to
and the right to examine at reasonable times any directly pertinent books, documents, papers, and records
of the Curator involving transactions relating to this Contract at no additional cost to the City. Curator
agrees that the City shall have access during normal working hours to all necessary Curator facilities and
shall be provided adequate and appropriate work space in order to conduct audits in compliance with the
provisions of this section. The City shall give Curator reasonable advance notice of intended audits.
Curator further agrees to include in all its subcontractor agreements hereunder a provision to the
effect that the subcontractor agrees that the City shall, until expiration of three (3) years after final payment
of the subcontract or the final conclusion of any audit commenced during the said three years have access
to and the right to examine at reasonable times any directly pertinent books, documents, papers, and
records of such subcontractor involving transactions related to the subcontract, and further that City shall
have access during normal working hours to all subcontractor facilities and shall be provided adequate
and appropriate work space in order to conduct audits in compliance with the provisions of this paragraph.
City shall give subcontractor reasonable notice of intended audits.
7. INDEPENDENT CONTRACTOR.
It is expressly understood and agreed that Curator shall operate as an independent contractor as to
all rights and privileges and work performed under this agreement and not as an agent, representative, or
employee of the City. Subject to and in accordance with the conditions and provisions of this Agreement,
Curator shall have the exclusive right to control the details of its operations and activities and shall be solely
responsible for the acts and omissions of its officers, agents, servants, employees, contractors, and
subcontractors. Curator acknowledges that the doctrine of respondeat superior shall not apply as between
the City, its officers, agents, servants, and employees, and Curator, its officers, agents, employees, servants,
contractors, and subcontractors. Curator further agrees that nothing herein shall be construed as to create
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partnership or joint enterprise between City and Curator. It is further understood that the City shall in no
way be considered a co -employer or a joint employer of Curator or any officers, agents, servants,
employees, or subcontractors of Curator. Neither Curator nor any officers, agents, servants, employees, or
subcontractors of Curator shall be entitled to any employment benefits from the City. Curator shall be
responsible and liable for any and all payment and reporting of taxes on behalf of itself and any of its
officers, agents, servants, employees, or subcontractors.
8. LIABILITY AND INDEMNIFICATION.
8.1 LIABILITY- CURATOR SHALL BE LIABLE AND RESPONSIBLE FOR ANYAND
ALL PROPERTYLOSS, PROPERTYDAMAGE, AND PERSONAL INJURY, INCLUDING DEATH,
TO ANYAND ALL PERSONS, OFANYKIND OR CHARACTER, WHETHER REAL OR ASSERTED,
TO THE EXTENT CAUSED BY THE NEGLIGENT ACT(S) OR OMISSION(S), MALFEASANCE,
OR INTENTIONAL MISCONDUCT OF CURATOR, ITS OFFICERS, AGENTS, SERVANTS, OR
EMPLOYEES.
8.2 GENERAL INDEMNIFICATION - CURATOR HEREBY COVENANTS AND
AGREES TO INDEMNIFY, HOLD HARMLESS, AND DEFEND CITY, ITS OFFICERS, AGENTS,
SERVANTS, AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR LAWSUITS
OFANYKIND OR CHARACTER, WHETHER REAL OR ASSERTED, FOR PROPERTYDAMAGE
OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO CURATOR'S BUSINESS AND ANY
RESULTING LOST PROFITS), AND PERSONAL INJURY, INCLUDING DEATH, TO ANY AND
ALL PERSONS, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, TO THE
EXTENT CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS, MALFEASANCE, OR
INTENTIONAL MISCONDUCT OF CURATOR, ITS OFFICERS, AGENTS, SERVANTS, OR
EMPLOYEES.
8.3 INTELLECTUAL PROPERTY INDEMNIFICATION — Curator agrees to defend,
settle, or pay, at its own cost and expense, any claim or action against City for infringement of any patent,
copyright, trademark, trade secret, or similar property right arising from City's use of software and/or
documentation in accordance with this Agreement, it being understood that this agreement to defend,
settle, or pay shall not apply if City modifies or misuses the software and/or documentation. So long as
Curator bears the cost and expense ofpayment for claims or actions against City pursuant to this section,
Curator shall have the right to conduct the defense of any such claim or action and all negotiations for
its settlement or compromise and to settle or compromise any such claim; however, City shall have the
right to fully participate in any and all such settlement, negotiations, or lawsuit as necessary to protect
City's interest, and City agrees to cooperate with Curator in doing so. In the event City, for whatever
reason, assumes the responsibility for payment of costs and expenses for any claim or action brought
against City for infringement arising under this Agreement, City shall have the sole right to conduct the
defense of any such claim or action and all negotiations for its settlement or compromise and to settle or
compromise any such claim; however, Curator shall fully participate and cooperate with City in defense
of such claim or action. City agrees to give Curator timely written notice of any such claim or action,
with copies of all papers City may receive relating thereto. Notwithstanding the foregoing, City's
assumption of payment of costs or expenses shall not eliminate Curator's duty to indemnify City under
this Agreement. If the software and/or documentation or any part thereof is held to infringe and the use
thereof is enjoined or restrained or, if as a result of a settlement or compromise, such use is materially
adversely restricted, Curator shall, at its own expense: (a) procure for City the right to continue to use
the software and/or documentation; or (b) modify the software and/or documentation to make it non -
infringing, provided that such modification does not materially adversely affect City's authorized use of
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the software and/or documentation; or (c) replace the software and/or documentation with equally
suitable, compatible, and functionally equivalent non -infringing software and/or documentation at no
additional charge to City, or (d) if none of the foregoing alternatives are reasonably available to Curator,
terminate this Agreement and refund all amounts paid to Curator by City, subsequent to which City may
seek any and all remedies available to City at law or in equity.
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Curator shall not assign or subcontract any of its duties, obligations, or rights under this Agreement
without the prior written consent of the City; however, City expressly grants Curator the right to subcontract
engineering services. If the City grants consent to an assignment, the assignee shall execute a written
agreement with the City and Curator under which the assignee agrees to be bound by the duties and
obligations of Curator under this Agreement. The Curator and assignee shall be jointly liable for all
obligations of the Curator under this Agreement. If the City grants consent to a subcontract, the
subcontractor shall execute a written agreement with the Curator referencing this Agreement under which
the subcontractor shall agree to be bound by the duties and obligations of the Curator under this Agreement
as such duties and obligations may apply. The Curator shall provide the City with a fully executed copy of
any such subcontract.
10. INSURANCE.
Curator shall provide City with certificate(s) of insurance documenting policies of the following
types and minimum coverage limits that are to be in effect prior to commencement of any work pursuant
to this Agreement:
10.1 Coverage and Limits
(a) Commercial General Liability:
$1,000,000 - Each Occurrence
$2,000,000 - Aggregate
(b) Automobile Liability:
$1,000,000 - Each occurrence on a combined single limit basis
Coverage shall be on any vehicle used by Curator, its employees, agents, or representatives
in the course of providing services under this Agreement. "Any vehicle" shall include any
vehicle owned, hired, or non -owned.
(c) Workers' Compensation:
Statutory limits according to the Texas Workers' Compensation Act or any other state
workers' compensation laws where the work is being performed
Employers' liability
$100,000 -
Bodily Injury by accident; each accident/occurrence
$100,000 -
Bodily Injury by disease; each employee
$500,000 -
Bodily Injury by disease; policy limit
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10.2 General Requirements
(a) The commercial general liability and automobile liability policies shall name City
as an additional insured thereon, as its interests may appear. The term "City" shall include
its employees, officers, officials, agents, and volunteers with respect to the contracted
services.
(b) The workers' compensation policy shall include a Waiver of Subrogation (Right
of Recovery) in favor of City.
(c) A minimum of thirty (30) days' notice of cancellation or reduction in limits of
coverage shall be provided to City. A minimum of ten (10) days' notice shall be
acceptable in the event of non-payment of premium. Notice shall be sent to the Risk
Manager, City of Fort Worth, 100 Fort Worth Trail, Fort Worth, Texas 76102, with copies
to the Fort Worth City Attorney at the same address.
(d) The insurers for all policies must be licensed and/or approved to do business in the
State of Texas. All insurers must have a minimum rating of A- VII in the current A.M.
Best Key Rating Guide, or have reasonably equivalent financial strength and solvency to
the satisfaction of Risk Management. If the rating is below that required, written approval
of Risk Management is required.
(e) Any failure on the part of City to request required insurance documentation shall
not constitute a waiver of the insurance requirement.
(f) Certificates of insurance evidencing that Artist has obtained all required insurance
shall be delivered to the City prior to Artist proceeding with any work pursuant to this
Agreement.
11. COMPLIANCE WITH LAWS, ORDINANCES, RULES, AND REGULATIONS.
Curator agrees that in the performance of its obligations hereunder, it shall comply with all
applicable federal, state, and local laws, ordinances, rules, and regulations and that any work it produces in
connection with this Agreement will also comply with all applicable federal, state, and local laws,
ordinances, rules, and regulations. If City notifies Curator of any violation of such laws, ordinances, rules,
or regulations, Curator shall immediately desist from and correct the violation.
12. NON-DISCRIMINATION COVENANT.
Curator, for itself, its personal representatives, assigns, subcontractors, and successors in interest,
as part of the consideration herein exchanged, agrees that in the performance of Curator's duties and
obligations hereunder, it shall not discriminate in the treatment or employment of any individual or group
of individuals on any basis prohibited by law. If any claim arises from an alleged violation of this non-
discrimination covenant by Curator, its personal representatives, assigns, subcontractors, or successors in
interest, Curator agrees to assume such liability and to indemnify and defend the City and hold the City
harmless from such claim.
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Notices required pursuant to the provisions of this Agreement shall be conclusively determined to
have been delivered when: (1) hand -delivered to the other party, its agents, employees, servants, or
representatives; (2) delivered by facsimile with electronic confirmation of the transmission; or (3) received
by the other party by United States Mail, registered, return receipt requested, addressed as follows:
To CITY:
To CURATOR:
City of Fort Worth Phyllis Wahahrockah-Tasi
Attn: Dana Burghdoff, Assistant City Manager 1612 Fulwider Lane
100 Fort Worth Trail Norman, OK 73072
Fort Worth, TX 76102-6314
Facsimile (817) 392-8654
With copy to Fort Worth City Attorney's Office at
same address, and:
Public Art Program Manager
Arts Fort Worth
306 W. Broadway Avenue
Fort Worth, Texas 76104
14. SOLICITATION OF EMPLOYEES.
Neither City nor Curator shall, during the term of this Agreement and additionally for a period of
one year after its termination, solicit for employment or employ, whether as employee or independent
contractor, any person who is or has been employed by the other during the term of this Agreement, without
the prior written consent of the other party. Notwithstanding the foregoing, this provision shall not apply to
an employee of either party who responds to a general solicitation of advertisement of employment by
either party.
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It is understood and agreed that City does not waive or surrender any of its governmental powers
or immunities by execution of this Agreement.
16. NO WAIVER.
The failure of the City or Curator to insist upon the performance of any term or provision of this
Agreement, or failure to exercise any right granted herein, shall not constitute a waiver of the City's or
Curator's respective right to insist upon appropriate performance or to assert any such right on any future
occasion.
17. GOVERNING LAW / VENUE.
This Agreement shall be construed in accordance with the laws of the State of Texas. If any action,
whether real or asserted, at law or in equity, is brought pursuant to this Agreement, venue for such action
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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.
18. SEVERABILITY.
If any provision of this Agreement is 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.
19. FORCE MAJEURE.
The City and Curator shall exercise their best efforts to meet their respective duties and obligations
as set forth in this Agreement, but shall 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, material or labor restrictions by any governmental authority, transportation problems,
and/or any other similar causes.
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Headings and titles used in this Agreement are for reference purposes only, shall not be deemed a
part of this Agreement, and are not intended to define or limit the scope of any provision of this Agreement.
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The parties acknowledge that each party, and if it so chooses its counsel, have had the opportunity
to review and revise this Agreement and that the normal rule of contract 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 the exhibits attached hereto and incorporated herein.
22. AMENDMENTS.
No amendment, modification, or extension of this Agreement shall be binding upon a parry hereto
unless set forth in a written instrument executed by an authorized representative of each party.
23. ENTIRETY OF AGREEMENT.
This Agreement, including the schedule of exhibits attached hereto and any documents explicitly
incorporated herein by reference, contains the entire understanding and agreement between the City and
Curator, as well as their assigns and successors in interest, as to the matters contained herein. Any prior or
contemporaneous oral or written agreement is hereby declared null and void to the extent in conflict with
any provision of this Agreement.
24. COUNTERPARTS AND ELECTRONIC SIGNATURES.
This Agreement may be executed in one or more counterparts and each counterpart shall, for all
purposes, be deemed an original, but all such counterparts shall together 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.
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25.1 Curator warrants that services will be of a professional quality and conform to generally
prevailing industry standards. City must give written notice of any breach of this warranty section within
thirty (30) days from the date that the breach was actually known to City. Upon notice to Curator, at
Curator's option, Curator shall either: (a) use commercially reasonable efforts to re -perform the services in
a manner that conforms with this warranty, or (b) refund all fees paid by the City to Curator under this
Agreement. This warranty section shall survive any expiration or termination of this Agreement.
26. IMMIGRATION AND NATIONALITY ACT.
Curator shall verify the identity and employment eligibility of its employees who perform work
under this Agreement, including completing the Employment Eligibility Verification Form (I-9). Upon
request by City, Curator shall provide City with copies of all I-9 forms and supporting eligibility
documentation for each employee who performs work under this Agreement. Curator shall adhere to all
federal and state laws, as well as establish appropriate procedures and controls so that no services will be
performed by any Curator employee who is not legally eligible to perform such services. CURATOR
SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES,
LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY CURATOR OR
CURATOR'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. City, upon written
notice to Curator, shall have the right to immediately terminate this Agreement for violations of this
provision by Curator.
27. INFORMAL DISPUTE RESOLUTION.
Except in the event of termination pursuant to Section 4.2, if either City or Curator 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 the matter through this dispute resolution process. The
disputing party shall notify the other party in writing as soon as practicable after discovering the claim, dispute,
or breach. The notice shall state the nature of the dispute and list the party's specific reasons for such dispute.
Within ten (10) business days of receipt of the notice, both parties shall commence the resolution process and
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 (60) days of the date of receipt of the
notice of the dispute, then the parties may submit the matter to non -binding mediation in Tarrant County, Texas,
upon written consent of authorized representatives of both parties. The mediator shall be agreed to by the
parties. Each party shall be liable for its own expenses, including attorney's fees; however, the parties shall
share equally in the costs of the mediation. 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.
Notwithstanding the fact that the parties may be attempting to resolve a dispute in accordance with this informal
dispute resolution process, the parties agree to continue without delay all of their respective duties and
obligations under this Agreement not affected by the dispute. Either parry may, before or during the exercise
of the informal dispute resolution process set forth herein, apply to a court having jurisdiction for a temporary
restraining order or preliminary injunction where such relief is necessary to protect its interests.
28. TIME EXTENSIONS.
The Parties may mutually agree, in writing, to extend or modify any of the time deadlines set forth
in this Agreement.
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29. ISRAEL.
If Curator 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 with a company for goods or services unless the
contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will
not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" shall have the
meanings ascribed to those terms in Chapter 2271 of the Texas Government Code. To the extent that
Chapter 2271 of the Government Code is applicable to this Agreement, by signing this Agreement Curator
certifies that Curator's signature provides written verification to the City that Curator: (1) does not
boycott Israel, and (2) will not boycott Israel during the term of the Agreement.
30. ENERGY COMPANIES.
If Curator 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 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: (1) does not boycott energy companies; and (2) will not
boycott energy companies during the term of the contract. The terms "boycott energy company" and
"company" shall have the meanings ascribed to those terms in Chapter 2276 of the Texas Government
Code. To the extent that Chapter 2276 of the Government Code is applicable to this Agreement, by signing
this Agreement Curator certifies that Curator's signature provides written verification to the City that
Curator: (1) does not boycott energy companies; and (2) will not boycott energy companies during the
term of this Agreement. .
31. FIREARMS AND AMMUNITIONS INDUSTRIES.
If Curator 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 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" shall have the meanings ascribed to those terms in Chapter
2274 of the Texas Government Code. To the extent that Chapter 2274 of the Government Code is
applicable to this Agreement, by signing this Agreement Curator certifies that Curator's signature
provides written verification to the City that Curator: (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.
[SIGNATURES ON FOLLOWING PAGE]
[REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]
Professional Services Agreement between the
City of Fort Worth and Phyllis Wahahrockah-Tasi Page 11 of 16
City Secretary Contract No.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiples.
ACCEPTED AND AGREED:
CITY OF FORT WORTH:
By
D Did Mar 6, 2026 11: 1:58 CDT)
Assistant City Manager
=W
RECOMMEND FOR APPROVAL:
By: —.X&
MiUld&'il0krk (Mar 16, 2026 09:50:17 CDT)
Library Director
APPROVED AS TO FORM AND LEGALITY:
By,�
Trey Qrualls
Assistant City Attorney
Form 1295: N/A
M&C: N/A
CURATOR:
Phyllis Wahahrockah-Tasi
Date
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.
Alida Labbe, Public Art Project and Capital Budget Manager
Arts Fort Worth
ATTEST. doa000nq
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By
Ja e Goodall
City Secretary daQn�X4g44q
Professional Services Agreement between the
City of Fort Worth and Phyllis Wahahrockah-Tasi
').. n- . llt>
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Page 12 of 16
City Secretary Contract No.
EXHIBIT A
PUBLIC ART PROJECT OUTLINE
WE
PROJECT DESCRIPTION AND APPROACH
Paddock Park sits at the top of the bluff with its commanding view of the Trinity River and the historic
Tarrant County Courthouse. This one -acre park is the primary northern gateway to downtown Fort
Worth. Acquired in 1917 as part of landscape architect George Kessler's plan, the park is one-third owned
by Tarrant County, and two-thirds owned by the City of Fort Worth.
In 2020, Downtown Fort Worth Initiatives, Inc. (DFWI), guided by a steering committee composed of
City staff and community stakeholders, selected design and planning consultant MIG to conduct
feasibility studies and prepare design and construction documents for the restoration of Heritage Plaza.
MIG has completed 30% design for both Heritage and Paddock Parks and the adjacent streets.
Throughout all design phases DFWI and City staff are co -managing the project. Once all approvals have
been made and full funding is in place, City staff will manage the construction phase.
To ensure integration of public art into the fabric of park improvements, artist team Legge Lewis Legge
(LLL) was selected to create a Heritage Park Public Art Master Plan through a process facilitated by Fort
Worth Public Art (FWPA) staff that involved MIG, DFWI, and City representatives. LLL has worked
collaboratively with the project design team and done extensive research to identify outdoor locations and
thematic approaches for public art. The resulting Heritage Park & Paddock Park Public Art Master Plan
was endorsed by the Park & Recreation Advisory Board in January 2023 and was adopted by the FWAC
in March 2023. The Master Plan notes that Paddock Park "carries with it the added symbolic context of
the courthouse being the center of political and judicial life, and its location up -slope from Heritage Park
Plaza places it within the symbolic settlement area that the original fort defended."
As stated in the master plan, Paddock Park's prominent location and its proximity to the Trinity River and
historic courthouse make it an ideal location for a permanent, "iconic" public art project addressing
Native American heritage. As such, the public art process will include a Curatorial Panel and a Project
Core Team (PCT). The PCT will include members of the Heritage Park Steering committee and other
cultural organizations.
Professional Services Agreement between the
City of Fort Worth and Phyllis Wahahrockah-Tasi Page 13 of 16
City Secretary Contract No.
ARTIST SELECTION PROCESS
For iconic artworks, the Fort Worth Public Art Master Plan Update (2017), recommends that a curatorial
panel be engaged to nominate artists uniquely suited to this project. This pool of artists will be reviewed
by the Artist Selection panel, who will select finalists. The artist finalists will then create proposals that
will be presented to the Artist Selection Panel, who will recommend a project artist to move forward.
This approach was successfully employed for the Pioneer Tower project, and having those curatorial
connections enabled FWPA to contract with artists with the required unique skillsets.
CURATORIAL PANEL SELECTION
Public Art staff will reach out to local and national arts professionals for assistance in identifying curators
with Native American art expertise. Credentials and a letters of interest from the identified curators will
be presented to the Artist Selection Panel, who will recommend 3-5 curators for the Curatorial Panel. The
recommendations will be presented to the Fort Worth Art Commission (FWAC) for approval. Approved
members of the Curatorial Panel will be offered an honorarium from the project budget.
ARTIST POOL SELECTION
The Curatorial Panel will meet with the PCT to discuss the goals and context of the public art project and
collectively identify a pool of artists for consideration. The Curatorial Panel shall select approximately 6-
8 artists with suitable experience and craftsmanship who can create artwork addressing Native American
heritage.
ARTIST SELECTION MEETING ONE
FWPA staff shall present the pool of 6-10 artists selected by the Curatorial Panel for consideration by the
Artist Selection Panel. Artists will be contacted prior to being considered, to ascertain their interest and
availability.
Advisors and other PCT members will be invited to participate in the meeting. The Artist Selection Panel
shall recommend 3 - 5 artist finalists to create conceptual proposals. The recommendations will be
presented to the FWAC for approval.
FINALIST ORIENTATION
Artist finalists will enter into a Proposal Agreement and participate in an on -site orientation to the project
and meet with the Project Core Team for contextual and cultural input. They will be provided with
detailed information about the park and surrounding areas, including the public art masterplan for the area
and conceptual designs for improvements.
ARTIST SELECTION PART TWO
The artist finalists shall individually present their conceptual proposals to the Artist Selection Panel.
Advisors and other PCT members will be invited to participate in the meeting. After discussion, the panel
will recommend one artist and one alternate for the project. Upon the FWAC's approval of the panel's
recommendation, a Design Contract will be executed with the selected artist.
CURRENT PUBLIC ART BUDGET
The Public Art Plan for the 2022 Bond Program, adopted by City Council on November 29, 2022, set
aside $1,330,500 to incorporate public art in Heritage Park and Paddock Park. The Paddock Park project
budget is $700,000. This project is included in the FY2025 Public Art Annual Work Plan, adopted by
City Council on November 12, 2024.
Professional Services Agreement between the
City of Fort Worth and Phyllis Wahahrockah-Tasi Page 14 of 16
City Secretary Contract No.
TIMELINE (TBD)
Curatorial Panel Selection
Selected Curatorial Panel Approved by FWAC
Artist Selection Panel Meeting #1
Selected Artist Finalists Approved by FWAC
Artist Finalist Orientation
Artist Selection Panel Meeting #2 (Proposals)
Selected Artist Approved by FWAC
March/April 2025
April 21, 2025
February 2026
February/March 2026
March 2026
May 2026
May/June 2026
PROJECT CORE TEAM (PCT) (Not yet determined)
1. TBD, Wichita Nation Appointee
2. Diana Parton, Caddo Nation Citizen and UTA Native American Advisory Board (or Caddo
Nation Appointee)
3. Marjeanna Burge, Comanche Nation Citizen, Former TCC Adjunct Faculty (or Comanche Nation
Appointee)
4. Wendi Sierra (or Les Riding In), TCU Native American Nations and Communities Liaison
5. Joshua Arce, Partnership with Native Americans
6. Kristen Camareno, Tarrant County Representative, HPSC Technical Committee Member
7. Randy Hutcheson, Community Design Center, HPSC Technical Committee Member
8. Kate Beck, Tarrant Regional Water District, HPSC Technical Committee Member
HPSC — Heritage Park Steering Committee
ARTIST SELECTION PANEL — VOTING MEMBERS
1. Elizabeth Beck, Council Member, District 9
2. Maggie Adler, FWAC Chair and Independent Curator
3. Libby Tilley Hogg, FWAC Vice Chair and Independent Public Relations and Art Consulting
4. Andrea or Murray Legge, artist, Heritage & Paddock Park Master Plan Artist
5. Angel Faz, Local Artist/Arts Professional
6. Wendi Sierra, Project Core Team Member Representing the Native American community
7. Joshua Arce, Project Core Team Member Representing the Native American community
8. Maegan South, Tarrant County, PCT and HPSC Technical Committee Member
9. Randy Hutcheson, Community Design Center, PCT and HPSC Technical Committee Member
ARTIST SELECTION PANEL ADVISORS (Non -voting)
1. Eva Bonilla, Park & Recreation Advisory Board Member, District 9
2. Fernando Costa, Heritage Park Steering Committee Chair
3. Other Project Core Team Members
4. Other Heritage Park Steering Committee Members
5. DFWI and City Staff Members
Professional Services Agreement between the
City of Fort Worth and Phyllis Wahahrockah-Tasi Page 15 of 16
City Secretary Contract No.
EXHIBIT B
TEXAS SALES AND USE TAX EXEMPTION CERTIFICATE
Texas Sales and Use Tax Exemption Certification
Thfs cerlrf cale c s trot rewire anurnbarlobe voW.
City of Fort Worth, Texas
A,12 a 9-%e f6+aenrraa•. AU 90e a ftfia namarry Plrarrt C�mos a ftRLM?
200 Texas Street 817-392�517
r:rb, Sreb.2,F wao
Fort Warth, Texas 76102
I, the purchaser named above, claim ar, exerrnptiorr from payment of sales and use taxes (for the purchase at taxable
items described below or on the attached order crinuoice� from
Seller: All Yerfvre —
Shoat 800rt*r City, Stale, SIP code:
Dts rwlion of ifelma Io be pwrhasad or on the oftlied order or inwok;a:
All items. Purohamt ackrwwled es that this Cwttificate eannat be used for thepurchase, lease or *ental of a regjq
uehide.
Purchaser darms this exemption for me followg reason:
Municipa1g, Goyem mental Entity
I urslvstand Thal I wilt be liable for payment of ell state and local sales or use loxes which may berwrne cue for failure to corrpy Wih
the provisions al the Tax Cade andtor a3i applicable raw.
femderatendfhatilrsacnmraarol%rrsetDgyvs anexemption afrha Mieofjo"mPaute,
xrlh fiauseddne rnerxrarert arNranth&f axprsssedirrt S soerf fir eta, anddepondihq onlha arnartrdaflaxevsraad, the aRrensemeyraqp
fnxn a Gees C Mwemsanor ro a fskmy c0 the amend degme.
MarkL rsysaaerw Da*
FYewe r Finance oiPedorlCF0
NOTE: This cMificate cannel bo issind for the purchase, lease, or rental of a motor uchclo.
TM CERTWICATE POTS ROT REGt1fRE A, NUMBER B ER TORE VAUD.
Safe& and Use Tax'Examp4lan Numbers' ei'Tax Ewempr Fhrmters do rw exw.
This rigii- irate should be furnished to the supplier.
Do ngj sand the completed certificate to the ComprroBerof Puhlic Accounts.
Professional Services Agreement between the
City of Fort Worth and Phyllis Wahahrockah-Tasi Page 16 of 16
FORT WORTH.
City Secretary's Office
Contract Routing & Transmittal Slip
Contractor's Name: Phyllis Wahahrockah-Tasi
Subject of the Agreement: Professional Services Agreement for Curatorial work on the
Paddock Park public art project.
M&C Approved by the Council? * Yes ❑ No 0
If so, the M&C must be attached to the contract.
Is this an Amendment to an Existing contract? Yes ❑ No ❑✓
If so, provide the original contract number and the amendment number.
Is the Contract "Permanent"? *Yes ❑✓ No ❑
If unsure, see back page for permanent contract listing.
Is this entire contract Confidential? *Yes ❑ No ❑✓ If only specific information is
Confidential, please list what information is Confidential and the page it is located.
Effective Date:
Expiration Date:
If different from the approval date. If applicable.
Is a 1295 Form required? * Yes ❑ No ❑✓
*If so, please ensure it is attached to the approving M&C or attached to the contract.
Project Number: If applicable. 106154
*Did you include a Text field on the contract to add the City Secretary Contract (CSC)
number? Yes ❑ No ❑
Contracts need to be routed for CSO processing in the followingorder:
rder:
1. Katherine Cenicola (Approver)
2. Jannette S. Goodall (Signer)
3. Allison Tidwell (Form Filler)
*Indicates the information is required and if the information is not provided, the contract will be
returned to the department.
Permanent Contracts
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