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HomeMy WebLinkAbout065877 - Construction-Related - Contract - Brenda Ciardiello Art LLC and SV Randall Studio LLCCSC No. 65877 AGREEMENT BETWEEN THE CITY OF FORT WORTH AND BRENDA CIARDIELLO ART LLC AND SV RANDALL STUDIO LLC FOR COMMISSION OF PUBLIC ART FOR CHAPEL CREEK CORRIDOR IN GEORGE MARKOS PARK 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 Dana Burghdoff, its duly authorized Assistant City Manager ("City"); and Brenda Ciardiello Art LLC, a Texas Limited Liability Company, acting by and through Brenda Ciardiello, located at 3425 Hamilton Avenue, Fort Worth, Texas, 76107, and SV RANDALL STUDIO LLC, a Texas Limited Liability Company, acting by and through Steven Randall, located at 6003 Ross Avenue, Dallas, Texas, 75206 (the "Artists"). The City has designated the Arts Council of Fort Worth and Tarrant County, Inc., D/B/A Arts Fort Worth (the "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, this Project was included in the Public Art Plan for the 2018 Bond Program, adopted by the Fort Worth City Council on October 16, 2018 (M&C G-19401), and the project is included in the Public Art Fiscal Year 2026 Annual Work Plan, adopted by the. Fort Worth City Council on December 9, 2025, as M&C 25-1127; WHEREAS, on January 19, 2024, the City entered into a contract with Artists to develop a Final Design for the Site (City Secretary Contract No. 60782); WHEREAS, on April 20, 2026, the Fort Worth Art Commission ("FWAC") approved Artists' Final Design and recommended that the Artists be commissioned to fabricate, deliver, and install the Artwork at the Site; and WHEREAS, City and Artists wish to set out the terms and conditions under which the Commission phase will be completed; NOW, THEREFORE, City and Artists, for and in consideration of the covenants and agreements hereinafter set forth, the sufficiency of which is hereby acknowledged, agree as follows: OFFICIAL RECORD CITY SECRETARY Agreement between City of Fort Worth and BRENDA CIARDIELLO ART LLC AND SV RANDALL STUDIO LLC for Commission of Public Art for Chapel Creek Corridor FT. WORTH, TX 1 of 36 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 of Fort Worth and Artists for Commission of Public Artwork for the Site. 1.2. Artists — Means Brenda Ciardiello Art LLC, a Texas Limited Liability Company, and SV Randall Studio LLC, a Texas Limited Liability Company. 1.3. Artwork Design — Means the fmal, City -approved design of the Work for the Site created in connection with Fort Worth City Secretary Contract No. 60782 and includes, but is not limited to, all final City -approved maquettes, drawings, sketches, prototypes, models and the like that were created by Artists. The approved final design and description are attached hereto as Exhibit "A" and incorporated herein for all purposes. 1.4. City — Means and includes the City of Fort Worth, Texas. 1.5. Contract Manager — Means and includes the Arts Council of Fort Worth and Tarrant County, Inc., d/b/a Arts Fort Worth. 1.6. Effective Date — Means the date this Agreement is executed by the City. 1.7. Final Acceptance — Means City's written acknowledgement to Artists that all services for fabrication, delivery, and installation of the Work have been completed in accordance with the terms of this Agreement. 1.8. Parties — Means and includes City and Artists. 1.9. Project — Means and includes the capital improvement or public art development undertaking of City for which Artists' services are to be provided pursuant to this Agreement. 1.10. Project Core Team — Means and includes the group of community members, generally 5-7 individuals, 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, the Artists Selection Panel, the FWAC's appointed representative, City staff, and others as may be appropriate. 1.12. Schedule - Means and includes a written plan of procedure for completion of fabrication, delivery, and installation of the Work, including, but not limited to, the submission of progress reports. 1.13. Site — Means George Markos Park bordered by Chapel Creek Boulevard on the west and Little Valley Road on the north, 400 Academy Boulevard, 76108 (Council District 7), as depicted in the attached Exhibit "B." Agreement between City of Fort Worth and BRENDA CIARDIELLO ART LLC AND sV RANDALL STUDIO LLC for Commission of Public Art for Chapel Creek Corridor 2 of 36 1.14. Work — Means and includes the fmished object(s) of art and design that are the subject of this Agreement, or any intermediary stage of completion of such works, which specifically includes the Artwork Design. ARTICLE 2 SCOPE OF SERVICES AND DELIVERABLES 2.1. Artists Selection. City and Artists acknowledge that Artists' Final Design was reviewed and approved by the FWAC on April 20, 2026, and is the basis for executing this Agreement with Artists. 2.2. Scope of Services. a. Artists shall perform all services and shall furnish all supplies, materials, and equipment as necessary for fabricating, delivering, and installing the Work at the Site. Services shall be performed in a professional manner and in strict compliance with all terms and conditions in this Agreement. b. Artists shall determine the Artistic expression, scope, design, color, size, material, and texture of the Work, subject to review and acceptance by City as set forth in this Agreement. The location at the Site where the Work shall be installed shall be mutually agreed upon by City and Artists. c. Artists, upon request of Contract Manager, shall provide information and/or attend meetings with appropriate City staff for purpose of risk assessment, safety review, siting of the Work, and permitting and accessibility, as applicable. d. Artists shall coordinate with City staff, Project Consultants, contractors, and others, as necessary, to ensure proper installation and integration of the Work into the Site as applicable including, but not limited to, artwork location and installation equipment brought onto the Site. e. Artists shall install the work on dates and times mutually agreed upon by Artists and City. f. Artists shall participate in one public education event in Fort Worth at a mutually agreed upon date and time, to be completed within one year of the completed installation date. g. Artists shall make their best effort to be available at such time(s) as may be set by the City to attend any inauguration or presentation ceremonies relating to the transfer of the Work to City. City shall use its best efforts to arrange for publicity for the completed Work in such art publications and otherwise as may be determined by City as soon as practicable following installation. h. Upon request of City, Artists shall consult with a qualified art conservator and shall provide written maintenance recommendations for the Work from said conservator to the Contract Manager. Artists shall allow video recording and photography of their participation during activities related to this project such as presentations and meetings. If Artists intend to seek their own publicity for the Work, including publication of the artwork design on Artists' websites or social media, press/media release(s) must be approved, in advance, by Contract Agreement between City of Fort Worth and BRENDA CIARDIELLO ART LLC AND SV RANDALL STUDIO LLC for Commission of Public Art for Chapel Creek Corridor 3 of 36 Manager, and shall credit the City of Fort Worth substantially in the following form, "an original artwork commissioned by and in the public art collection of the City of Fort Worth, Texas." A social media plan must be approved, in advance, by Contract Manager, and shall include the hashtag #fwpublicart. 2.3. City Assistance. Artist may request from the City scaled drawings of the Site, if available, and City shall communicate with Artist as necessary regarding proposed building materials and site planning issues. 2.4. Execution of Work. a. Artists shall furnish the Schedule to the Contract Manager within fifteen business days after the Effective Date. After written approval of the Schedule by City, Artists shall fabricate, deliver, and install the Work in accordance with such Schedule. Schedule changes may be accomplished by written agreement between Artists and City. b. City and/or Contract Manager, upon written request, shall have the right to review the Work during its fabrication and/or request visual documentation of the fabrication. Artists shall, upon written request by the City and/or Contract Manager, provide a written progress report detailing the progress made toward completion of the Work and the remainder of work to be done to complete the Work. Artists shall comply with any request made by the City and/or Contract Manager pursuant to this Article 2.4 within thirty calendar days after receipt of the written request. c. Artists shall complete the fabrication of the Work in accordance with the Artwork Design. Artists shall present to the Contract Manager, in writing, for further review and approval, any changes in the scope, design, color, size, material, or texture of the Work. The Contract Manager, in its discretion, shall determine whether the changes are significant and whether the changes conform to the Artwork Design. If the Contract Manager, in its sole discretion, determines that the changes are significant or otherwise do not conform with the Artwork Design, then the Contract Manager shall, in light of the Artwork Design, determine whether a significant change requires City approval. If the Contract Manager determines that the significant change requires City approval, then the change(s) may be presented to the FWAC for review and approval at an FWAC scheduled meeting. If any disputes arise thereafter, the Parties shall first attempt to resolve those disputes in accordance with the dispute resolution process set forth in Article 12 of this Agreement. 2.5. Delivery and Installation. a. Artists shall notify City, through its Contract Manager, in writing when fabrication of the Work is completed and is ready for its delivery and installation at the Site. b. Artists shall be responsible for obtaining all necessary permits and any required traffic barriers appropriate for this Project. Agreement between City of Fort Worth and BRENDA CIARDIELLO ART LLC AND SV RANDALL STUDIO LLC for Commission of Public Art for Chapel Creek Corridor 4 of 36 c. Artists are responsible for installing all elements of the Work. Artists shall coordinate the installation of the Work with City and Contract Manager. Delivery and installation activities may not commence until written permission is delivered to Artists by the City. d. Artists shall be responsible for all costs associated with the materials, fabrication, and installation of the Work, including, but not limited to, equipment rentals, transportation, and labor. e. Should Artists complete the Work in advance of the approved installation date, Artists shall store the Work at no expense to City until such a time as the Site is completed and the Contract Manager notifies Artists that installation may commence. f. Artists, individually and through their subcontractors, including their fabricator and/or installer, shall take all necessary precautions to protect and preserve the integrity and finish of the Site, including but not limited to interior finishes, painted structures, pathways, and landscaping, while delivering and installing the Work. If City determines, in its sole discretion, that Artists or Artists' subcontractors have damaged the Site, then City shall inform Artists, in writing, of the damage. Artists, at their own expense, shall have thirty days from receipt of City's written notice to repair the damage to the Site to the satisfaction of City. If Artists fails to repair the damages to the satisfaction of City within thirty days after receipt of the notice, or within the deadline otherwise agreed to by the parties, then City shall have the right to deduct the cost of repairs from any remaining payment due to Artists under this Agreement, which shall be in addition to any and all other rights and remedies available to City at law or in equity. 2.6. Post -installation. a. Artists shall provide to Contract Manager written instructions for appropriate maintenance and preservation of the Work using the Technical and Maintenance Record, attached hereto as Exhibit "C." The appropriate maintenance and preservation instructions shall not be substantially different from the maintenance and preservation anticipated and conveyed to City for the Work in the Final Design phase. b. Within thirty days after the installation of the Work, Artists shall furnish Contract Manager with a set of at least fifteen high -resolution digital images (.tiff format) and fifteen low -resolution digital images (.jpeg format) showing each element of the Work, including detail shots, with at least ten of these images showing the Work installed, as selected by Contract Manager, to document the Work after the Work is installed. 2.7. Final Acceptance. a. Artists shall notify City and Contract Manager, in writing, when all services for fabrication, delivery, and installation of the Work have been completed in accordance with the terms of this Agreement. Included in such notice from Artists shall be an Affidavit of Bills Paid, attached hereto as Exhibit "D," Agreement between City of Fort Worth and BRENDA CIARDIELLO ART LLC AND SV RANDALL STUDIO LLC for Commission of Public Art for Chapel Creek Corridor 5 of 36 certifying that all bills relating to services or supplies used in the performance of this Agreement have been paid. b. City shall notify Artists in writing of its Final Acceptance of the Work. c. Final Acceptance shall be effective as of the earlier to occur of: (1) the date of City's notification of Final Acceptance; or (2) the 35th day after Artists has sent the written notice to City required under this Section 2.7, unless City, upon receipt of such notice and prior to the expiration of the 35 -day period, gives Artists written notice specifying and describing anything that has not been completed pursuant to this Agreement. 2.8. Risk of Loss. The risk of loss or damage to the Work shall be borne by Artists prior to completed artwork installation, and Artists shall take such measures as are necessary to protect the Work from loss or damage until this time, including, but not limited to, the purchase of property loss insurance, except that the risk of loss or damage shall be borne by City prior to completed artwork installation during such periods of time as the partially or wholly completed Work is in the custody, control, or supervision of City or its agents for the purposes of moving, storing, or performing any other ancillary services to the Work. ARTICLE 3 COMPENSATION AND PAYMENT SCHEDULE 3.1. Compensation. Total compensation to Artists under the Agreement shall be in an amount not to exceed THREE HUNDRED SIXTY-SIX THOUSAND, SIX HUNDRED FIFTY-EIGHT DOLLARS AND SIXTY-TWO CENTS ($366,658.62), which shall constitute full compensation for all services to be performed and materials to be furnished by Artists under this Agreement, including, but not limited to, fabrication, transportation, installation, remaining shared Artists' fee of $28,626.15, insurance, incidental costs, a contingency of $21,655.52, all travel expenses, and any other costs associated with the Work. The Parties may amend this Agreement to allow for additional payment if additional services are required. All parties agree that payments under this Agreement shall be made to Brenda Ciardiello, who shall be responsible for remitting to SV Randall his percentage of the Artists' Fee (50% of $28,626.15 = $14,313.07) and for all payments to Artists' subcontractors. City shall not be liable to SV Randall for any payments under this Agreement. 3.2. Payment Schedule. City agrees to pay Brenda Ciardiello in the following installments set forth below, each installment to represent full and final, non-refundable payment for all services and materials provided prior to the due date thereof: a. ONE HUNDRED THOUSAND DOLLARS AND ZERO CENTS ($100,000.00) upon execution of this Agreement to enable Artists to purchase materials for fabrication. Agreement between City of Fort Worth and BRENDA CIARDIELLO ART LLC AND SV RANDALL STUDIO LLC for Commission of Public Art for Chapel Creek Corridor 6 of 36 b. FIFTY THOUSAND DOLLARS AND ZERO CENTS ($50,000.00) upon Contract Manager's verification of 25% fabrication. c. SEVENTY-FIVE THOUSAND DOLLARS AND ZERO CENTS ($75,000.00) upon Contract Manager's verification that the Work is 50% fabricated. d. EIGHTY FIVE THOUSAND DOLLARS AND ZERO CENTS ($85,000.00) upon Contract Manager's verification that the Work is 100% fabricated and ready to install. e. THIRTY THOUSAND DOLLARS AND ZERO CENTS ($30,000.00) upon Contract Manager's verification that the Work is installed. f. FIVE THOUSAND THREE DOLLARS AND TEN CENTS ($5,003.10) within thirty-five days after Final Acceptance and receipt by City of such documentation as it may require concerning payment of services and supplies rendered to Artists (see Article 2); provided, however, that final delivery shall not be tendered prior to the expiration of thirty days after Final Acceptance. g. A contingency of up to TWENTY ONE THOUSAND SIX HUNDRED FIFTY-FIVE DOLLARS AND FIFTY-TWO CENTS ($21,655.52) for costs associated with the Work that are incurred by the Artists due to unforeseen changes such as materials, fabrication or installation costs, including installation travel costs, and/ or for a digital consultant and traffic control should those services be needed. Such payment will be made upon (i) receipt of supporting documentation by the Contract Manager from the Artists, and (ii) approval by the Contract Manager of the additional costs. Any unused contingency funds shall remain with the City. 3.3. Sales Taxes. City is a tax-exempt organization and no state or local sales taxes or federal excise taxes shall be due upon the Work. City shall supply Artists with the "Texas Certificate of Exemption," in substantially the same form as that attached hereto as Exhibit "E," for use by Artists in the fulfillment of this Agreement. 3.4. Artists' Expenses. Artists shall be responsible for the payments of all expenses incurred during the performance of this Agreement, including, but not limited to, services, materials, mailing/shipping charges and insurance on submissions to City and/or Contract Manager, cost of all travel, and costs for Artists' agents, consultants, and/or employees necessary for the proper performance of the services required under this Agreement. ARTICLE 4 TERM AND TIME OF PERFORMANCE 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 Artists by City of any amounts owed under this Agreement. Agreement between City of Fort Worth and BRENDA CIARDIELLO ART LLC AND SV RANDALL STUDIO LLC for Commission of Public Art for Chapel Creek Corridor 7 of 36 4.2. Duration. The services to be required of Artists set forth in Article 2 shall be completed in accordance with the Schedule; provided, however, such time limits may be extended or otherwise modified by written agreement between Artists and City. 4.3. Early Completion of Artists Services. Artists shall bear any transportation and storage charges incurred from the completion of his or their services prior to the time provided in the schedule for delivery. 4.4. Time Extensions; Force Majeure. City and Artists will exercise their best efforts to meet their respective duties and obligations as set forth in this Agreement, but will not be held liable for any delay or omission in performance due to force majeure or other causes beyond their reasonable control, including, but not limited to, compliance with any government law, ordinance, or regulation; acts of God; acts of the public enemy; fires; strikes; lockouts; natural disasters; wars; riots; epidemics or pandemics; government action or inaction; orders of government; material or labor restrictions by any governmental authority; transportation problems; restraints or prohibitions by any court, board, department, commission, or agency of the United States or of any States; civil disturbances; other national or regional emergencies; or any other similar cause not enumerated herein but which is beyond the reasonable control of the Party whose performance is affected (collectively, "Force Majeure Event"). The performance of any such obligation is suspended during the period of, and only to the extent of, such prevention or hindrance, provided the affected Party provides notice of the Force Majeure Event and an explanation as to how it prevents or hinders the Party's performance as soon as reasonably possible after the occurrence of the Force Majeure Event, with the reasonableness of such notice to be determined by the City in its sole discretion. The notice required by this section must be addressed and delivered in accordance with this Agreement. ARTICLE 5 WARRANTIES 5.1. Warranties of Title and Copyright. a. Artists represent and warrant that: i. Artwork Design and Work shall be the original product of Artists' sole creative efforts; ii. Artwork Design and Work are and will be unique and original, and do not infringe upon any copyright or the rights of any person or entity; iii. Artwork Design and Work (or duplicate thereof) have not been offered or accepted for sale elsewhere; iv. Artists have not offered, sold, assigned, transferred, licensed, granted, encumbered, or utilized the Artwork Designs or Work or any element thereof or any copyright related thereto that may affect or impair the rights granted pursuant to this Agreement; Agreement between City of Fort Worth and BRENDA CIARDIELLO ART LLC AND SV RANDALL STUDIO LLC for Commission of Public Art for Chapel Creek Corridor 8 of 36 v. Artwork Designs and Work are free and clear of any liens from any source whatsoever; vi. Artists have the full power to enter into and perform this Agreement and to make the grant of rights contained in this Agreement; and vii. All services performed hereunder shall be performed in accordance with all applicable laws, regulations, ordinances, etc., and with all necessary care, skill, and diligence. 5.2. Warranties of Quality and Condition. a. Artists represent and warrant that all work will be performed in accordance with professional "workmanlike" standards and free from defective or inferior materials and workmanship (including any defects consisting of "inherent vice" or qualities that cause or accelerate deterioration of the Work) for one year after the date of Final Acceptance. b. Artists represent and warrant that the Work and the materials used are not currently known to be harmful to public health and safety. c. If, within one year after Final Acceptance, City observes any breach of warranty described in this Article 5.2 that is curable by Artists, City shall give written notice to Artists of such breach with reasonable promptness. Artists shall, at the request of City, cure the breach satisfactorily and consistent with professional conservation standards (in accordance with the American Institute of Conservation Code of Ethics and Guidelines for Practice) and/or construction standards, including, but not limited to, any standards set forth by City, within thirty days after receipt of the written notice, at no expense to City. d. If, within one year after Final Acceptance, City observes any breach of warranty described in this Article 5.2 that is not curable by Artists, Artists are responsible for reimbursing City for damages, expenses, and losses incurred by City as a result of the breach. However, if Artists disclosed the risk of this breach in the proposal and City accepted that risk, it shall not be deemed a breach for purposes of this Article 5.2. e. If, after one year from Final Acceptance, City observes any breach of warranty described in this Article 5.2 that is curable by Artists, City shall give written notice to Artists to make or supervise repairs or restorations at a reasonable fee. Artists shall notify City, in writing, within thirty days after receipt of the notice as to whether Artists will make or supervise the repairs or restorations. Should Artists fail to respond within the thirty -day deadline or be unwilling to accept reasonable compensation under the industry standard, City may seek the services of a qualified restorative conservator and maintenance expert. f. Acceptable Standard of Display. Artists represent and warrant that: i. General routine cleaning and repair of the Work and any associated working parts and/or equipment will maintain the Work within an acceptable standard of public display. Agreement between City of Fort Worth and BRENDA CIARDIELLO ART LLC AND SV RANDALL STUDIO LLC for Commission of Public Art for Chapel Creek Corridor 9 of 36 ii. Foreseeable exposure to the elements and general wear and tear will cause the Work to experience only minor, repairable damages and will not cause the Work to fall below an acceptable standard of public display. iii. With general routine cleaning and repair, and within the context of foreseeable exposure to the elements and general wear and tear, the Work will not experience irreparable conditions that cause the Work to fall below an acceptable standard of public display, including, but not limited to, mold, rust, fracturing, staining, chipping, tearing, abrading, and/or peeling. g. Manufacturer's Warranties. To the extent the Work incorporates products covered by a manufacturer's warranty, Artists shall provide copies of such warranties to City. h. If City fails to maintain the Work in good condition, Artists, in addition to other rights or remedies that Artists may have in equity or at law, shall have the right to disown the Work as Artist's creation and request that all credits be removed from the Work and reproductions thereof until the Work's condition is satisfactorily repaired. ARTICLE 6 INSURANCE AND INDEMNITY 6.1. General. Artists shall carry insurance as set out in Exhibit "F," which is attached hereto and incorporated herein for all purposes. Evidence of required insurance shall be submitted to the Contract Manager prior to installation of the Work on City property. However, if any part of the fabrication process will be conducted on City property, then Artists shall submit evidence of required insurance to the Contract Manager prior to performance of that work. Evidence of subsequent renewals of said insurance is required until City has taken possession of the Work. Except as provided in Section 2.8 hereof, the risk of damage to or loss of the Work shall, during fabrication and installation, shall be solely that of Artists. This risk shall transfer to City upon installation completion and shall no longer be the responsibility of Artist upon installation of the Work. 6.2. Performance Bonds. Artists shall not be required by City to post any performance bonds or similar undertakings. 6.3. General Indemnity. a. ARTISTS COVENANT AND AGREE TO AND DO HEREBY INDEMNIFY, HOLD HARMLESS, AND DEFEND, AT THEIR OWN EXPENSE, CITY FROM AND AGAINST ANY AND ALL CLAIMS, LAWSUITS, JUDGMENTS, ACTIONS, CAUSES OF ACTION, LIENS, LOSSES, EXPENSES, COSTS, FEES (INCLUDING, BUT NOT LIMITED TO, ATTORNEY'S FEES AND COSTS OF DEFENSE), PROCEEDINGS, DEMANDS, DAMAGES, LIABILITIES, AND/OR SUITS OF ANY KIND OR NATURE, INCLUDING, BUT NOT LIMITED TO, THOSE FOR PROPERTY LOSS (INCLUDING, BUT NOT LIMITED TO, Agreement between City of Fort Worth and BRENDA CIARDIELLO ART LLC AND SV RANDALL STUDIO LLC for Commission of Public Art for Chapel Creek Corridor 10 of 36 WORKERS' COMPENSATION ACT LIABILITY, LOST PROFITS, AND PROPERTY DAMAGE) AND/OR PERSONAL INJURY (INCLUDING, BUT NOT LIMITED TO, DEATH) TO ANY AND ALL PERSONS, OR OTHER HARM FOR WHICH RECOVERY OF DAMAGES IS SOUGHT, OF WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR RESULTING FROM ANY ACTS, ERRORS, OR OMISSIONS OF ARTISTS AND/OR ARTISTS' 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. Artists agree to and shall release City from any and all liability for injury, death, damage, or loss to persons or property sustained or caused by Artists in connection with or incidental to performance under this Agreement. c. Artists shall require all of their subcontractors to include in their subcontracts a release and indemnity in favor of City in substantially the same form as above. 6.4. Intellectual Property. Artists agree 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. 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 Artists without the appropriate licenses or permission being secured by Artists in advance. IT IS FURTHER AGREED THAT ARTISTS SHALL RELEASE, DEFEND, INDEMNIFY, AND HOLD HARIVILESS CITY FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES, ACTIONS, OR EXPENSES OF EVERY TYPE AND DESCRIPTION, INCLUDING, BUT NOT LIMITED TO, ATTORNEY'S FEES, TO WHICH THEY MAY BE SUBJECTED ARISING OUT OF CITY'S USE OR POSSESSION OF THE WORK 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 Artists. AT) TTC'T R 7 OWNERSHIP AND INTELLECTUAL PROPERTY RIGHTS 7.1. Title. Title to the Work, including, but not limited to, all documents, models, and drawings that constitute or are components of the Artwork Design and/or Work shall pass to City upon Final Acceptance and payment for the Agreement between City of Fort Worth and BRENDA CIARDIELLO ART LLC AND SV RANDALL STUDIO LLC for Commission of Public Art for Chapel Creek Corridor 11 of 36 Work. These documents, models, and drawings will be retained for archival and exhibition purposes. Artists' Artwork Design and Work and all other work products under this Agreement shall become the property of City, without restriction on future use, except as provided below. 7.2. Copyright Ownership. Artists retain all rights under the Copyright Act of 1976, 17 U.S.C. Section 101 et seq., as the sole authors of the Work for the duration of the copyright. 7.3. Reproduction Rights. a. In view of the intention that the Artwork Design and the Work be unique, Artists shall not make any additional exact duplicate reproductions of the Artwork Design or the Work, nor shall Artists grant permission to others to do so except with the express written permission of City. However, nothing herein shall prevent Artists from creating future artworks in Artists' manner and style of Artistic expression. b. By execution of this Agreement, Artists grant to City an exclusive, perpetual, royalty -free, and irrevocable license to graphically depict and publicly display the Artwork Design and Work for any non-commercial purpose whatsoever. For purposes of this limitation, any graphic depiction or display of the Artwork Designs or the 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. Notwithstanding the above limitation, Artists agree and understand that nothing in this paragraph shall affect or limit City's absolute, unrestricted rights incidental to City's full ownership of the Work to alter, change, modify, destroy, remove, move, replace, operate, maintain, transport, sell, or transfer, in whole or in part, the Work when City deems it necessary within its discretion in furtherance of City's operations or for any other reason. c. All reproductions by City shall contain a credit to Artists and a copyright notice in substantially the following form: "© date, Artists' names." d. Unless notified otherwise by City, Artists shall use Artists' best efforts in any public showing or resume use of reproductions to give acknowledgment to City in substantially the following form: "an original artwork commissioned by and in the public art collection of the City of Fort Worth, Texas." e. Artists may, at Artists' expense, cause to be registered with the United States Register of Copyrights, a copyright in the Work in Artists' names. f. City is not responsible for any third -party infringement of Artists' copyright and not responsible for protecting the intellectual property rights of Artists. Agreement between City of Fort Worth and BRENDA CIARDIELLO ART LLC AND SV RANDALL STUDIO LLC for Commission of Public Art for Chapel Creek Corridor 12 of 36 ARTICLE 8 ARTISTS' RIGHTS 8.1. Identification. Contract Manager shall include credit to Artists on the Fort Worth Public Art website (www.fwpublicart.org) and facilitate the design, purchase, and installation of a permanent plaque at the site. 8.2. Maintenance. City recognizes that maintenance of the Work on a regular basis is essential to the integrity of the Work. City shall reasonably assure that the Work is properly maintained and protected, taking into account the maintenance instructions provided by Artists in accordance with Section 2.5 and Exhibit "C." 8.3. Repairs and Restoration. a. City shall have the right to determine when and if repairs and restorations to the Work will be made. b. All repairs and restorations shall be made in accordance with recognized conservation standards (in accordance with the American Institute of Conservation Code of Ethics and Guidelines for Practice) and/or construction standards, including, but not limited to, any standards set forth by City. c. When emergency repairs are necessary to prevent the loss of or further damage to the Work or to prevent risks to the public, such repairs shall be undertaken or arranged by City as appropriate and such repairs shall not be deemed to constitute artistic alteration. 8.4. Alteration of the Work or of the Site. a. City agrees that it will not willfully destroy, damage, or modify the Work, except as provided in Article 8.4(b) and 8.4(c) below. b. In the event that the City determines the Site will be altered, sold, or no longer used by City and the Work is integrated into a building, structure, or realty, City shall have the right to remove the Work by any means, including destruction. City may give Artists written notice of its intent to take such action under this Article 8.4. c. In the event that the City determines the Site will be altered, sold, or no longer used by City and the Work is freestanding, or incorporated into a building, structure, or realty such that it may be removed without damaging or destroying the Work or the building, structure, or realty, City at its sole discretion may relocate, sell, or store the Work. If City chooses not to relocate, sell, or store the Work, Artists may be given written notice and ninety (90) days to remove the Work at their sole expense. Upon Artists' failure to remove the Work, City shall have the right to remove and dispose of the Work by any means, including its destruction. d. In the event the Work is substantially damaged or altered, City shall no longer represent the Work as that of Artists if Artists give written notice to City that it is the position of Artists to deny authorship on the grounds stated in this Article 8.4. Agreement between City of Fort Worth and BRENDA CIARDIELLO ART LLC AND SV RANDALL STUDIO LLC for Commission of Public Art for Chapel Creek Corridor 13 of 36 e. City shall, at all times, have the right to move the Work, or remove it from public display. City shall also have the right to sell or trade the Work. 8.5. Permanent Record. City shall maintain on permanent file a record of this Agreement and of the location and disposition of the Work. 8.6. Artists' Addresses. Artists shall notify City of changes in the addresses set forth in Article 15. 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 of Article 8 that reference notice to Artists. Notwithstanding this provision, City shall make every reasonable effort to locate Artists when matters arise relating to Artists' rights. 8.7. Additional Rights and Remedies. Nothing contained in this Article 8 shall be construed as a limitation on such other rights and remedies available to Artists under the law, which may now or in the future be applicable. ARTICLE 9 ARTISTS AS INDEPENDENT CONTRACTORS Artists shall perform all work and services hereunder as independent contractors, and not as officers, agents, servants, or employees of City. Artists 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 their officers, agents, employees, and subcontractors. Nothing herein shall be construed as creating a partnership or joint venture between City and Artists, their officers, agents, employees and subcontractors, and the doctrine of respondeat superior has no application as between City and Artists. ARTICLE 10 SUBCONTRACTING Artists may subcontract portions of the services to be provided hereunder at Artists' expense, provided that said subcontracting shall not adversely affect the design, appearance, or visual quality of the Work and shall be carried out under the personal supervision of Artists. Any subcontract entered into under this Agreement shall be expressly subject to the applicable terms of this Agreement, including, but not limited to, all indemnification and release provisions. Artists shall provide information regarding all subcontractors, including their fabricator, along with a copy of the subcontract between Artists and each subcontractor to the Contract Manager. ARTICLE 11 TERMINATION 11.1. 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 Artists or any agent or representative to any City or Contract Manager official or Agreement between City of Fort Worth and BRENDA CIARDIELLO ART LLC AND SV RANDALL STUDIO LLC for Commission of Public Art for Chapel Creek Corridor 14 of 36 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. In the event this Agreement is canceled by the City pursuant to this Article 11.1, City shall be entitled, in addition to any other rights and remedies, to recover from Artists a sum equal in amount to the cost incurred by Artists in providing such gratuities. 11.2. Death or Incapacity of Artists. a. In the event of Artists' deaths or of Artists becoming physically or legally incapacitated during the term of this Agreement, City shall have the right to terminate this Agreement on payment to Artists or Artists' successors for all work and services performed prior to death or incapacity. All work product produced by Artists, 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 11.2, City shall have the right to complete the Work, if feasible. Due regard shall be made for Artists' intended results and proper credit and acknowledgement shall be given to Artists. This provision shall survive the termination or expiration of this Agreement. 11.3. Termination for Convenience. a. The services to be performed under this Agreement may be terminated subject to written notice submitted thirty (30) calendar days before termination. b. If the termination is for the convenience of City, City shall pay Artists for services actually rendered up to the effective date of termination in accordance with the payment schedule in Section 3.2 of this Agreement as determined in City's sole discretion, and Artists 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 Artists under this Agreement, including, but not limited to, finished and unfinished drawings, sketches, photographs, models, designs and the Work up to the effective date of termination. c. If termination is for the convenience of Artists, City shall have the right, in its sole discretion, to pay Artists for services actually rendered up to the effective date of termination in accordance with Section 3.2 of this Agreement or require the Artists to remit to City a sum equal to all payments (if any) made to the Artists pursuant to this Agreement prior to the effective date of termination, as determined in City's sole discretion. If City chooses to pay Artists, then all work product produced by Artists under Agreement between City of Fort Worth and BRENDA CIARDIELLO ART LLC AND SV RANDALL STUDIO LLC for Commission of Public Art for Chapel Creek Corridor 15 of 36 this Agreement, including, but not limited to, finished and unfinished drawings, sketches, photographs, models, designs, and the Work up to the effective date of termination shall become property of City. d. If termination is by mutual agreement of the Parties, then City shall pay Artists per the payment schedule in Section 3.2 as determined in City's sole discretion up through the date of termination. City shall have the right to possession and transfer of all work product produced by Artists under this Agreement, including, but not limited to, finished and unfinished drawings, sketches, photographs, models, and designs, up to the effective date of termination. 11.4. Termination for Cause. a. If a 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 12 of this Agreement. If the Parties cannot resolve the dispute(s), then the disputing party shall thereupon have the right to terminate this Agreement upon the delivery of a written "Notice of Termination" specifying the grounds for termination. Termination of this Agreement under this Article 11.4 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. b. If City terminates this Agreement pursuant to this Article 11.4, then City shall have the right to complete the Work in accordance with the Artwork Design, which shall be in addition to any and all other rights and remedies available to City at law or in equity. If City exercises its right to complete the Work, then notwithstanding anything to the contrary: (1) title to the Artwork Design, Work, and all other work product under this Agreement and any prior agreement for the Work, including, but not limited to, all documents, models, and drawings that constitute or are components of the Artwork Design and Work, shall pass to City and become the property of City, without restriction on future use, immediately upon the City's exercise of its right to complete the Work; (2) Artists shall forfeit any and all rights to the Artwork Design, Work, and all other work product under this Agreement and/or any prior agreement for the Work, including, but not limited to, those stated under Articles 7 (Ownership and Intellectual Property) and 8 (Artists' Rights) of this Agreement; (3) Artists automatically sell, assign, and transfer to City the entire right, title, and interest in and to the Artwork Design, Work, and all other work product under this Agreement or any prior agreement for the Work that the Artists have under the Copyright Act of 1976, 17 U.S.C. Section 101 et seq., and all the rights and privileges appertaining thereto, including, without limitation, the exclusive right to reproduce, prepare derivative works based upon, distribute Agreement between City of Fort Worth and BRENDA CIARDIELLO ART LLC AND SV RANDALL STUDIO LLC for Commission of Public Art for Chapel Creek Corridor 16 of 36 copies to the public, as well as display said Artwork Design and Work, the same to be held and employed by City for City's own benefit and use and for the benefit and use of City's successors, assigns, and legal representatives forever; (4) Artists shall have no copyright or other property interest in the Artwork Design, Work, or any other work product under this Agreement and any prior agreement for the Work; and (5) Artists, pursuant to this Article 11.4, hereby acknowledge the rights of attribution and integrity contained in Section 106A(a) of Title 17 of the U.S. Code (as amended or as it may be amended in the future), titled "Visual Artists Rights Act," and any other right of the same nature granted by U.S. federal, state, or foreign laws, and of Artists' own free act hereby waive such rights with respect to any and all uses of the Artwork Design, Work, and all other work product under this Agreement and/or any prior agreement as a public artwork. Nothing in this Article 11.4 shall affect the survival of the Articles outlined in Article 14.15 of this Agreement, which shall remain in full force and effect following termination of this Agreement. ARTICLE 12 DISPUTE RESOLUTION a. If Artists or City have 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 parties 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, all 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 (60) calendar days of the date of receipt of the notice of the dispute, then the Parties shall submit the matter to mediation in accordance with Chapter 154 of the Texas Civil Practice and Remedies Code and Chapter 2009 of the Texas Government Code, then in effect. Request for mediation shall be in writing and shall request that the mediation commence not less than fifteen (15) nor more than forty-five (45) calendar days following the date of request, except upon Agreement of the Parties. In the event City and Artists are unable to agree to a date for the mediation or to the identity of a mutually agreed mediator within thirty (30) calendar days following the date of the request for mediation, then all the conditions precedent in this article shall be deemed to have occurred. The Parties shall share the mediator's fee and any filing fees equally. Venue for any mediation or lawsuit arising under this Agreement shall be in Tarrant County, Texas. No provision of this agreement shall waive any immunity or defense. No provision of this Agreement constitutes consent to sue. If the Parties Agreement between City of Fort Worth and BRENDA CIARDIELLO ART LLC AND SV RANDALL STUDIO LLC for Commission of Public Art for Chapel Creek Corridor 17 of 36 cannot resolve the dispute through mediation, then any party shall have the right to exercise any and all remedies available under law regarding the dispute. ARTICLE 13 EQUAL OPPORTUNITY a. Artists shall not discriminate against any employee or applicant for employment because of age, disability, race, color, religion, sex, sexual orientation, national origin, familial status, transgender, gender identity, or gender expression. Artists shall take affirmative action to ensure that employees are treated equally during employment, without regard to their age, disability, race, color, religion, sex, sexual orientation, national origin, familial status, transgender, gender identity, or gender expression. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, transfer, recruitment or pay or other forms of compensation, and selection for training, including, but not limited to, apprenticeship. Artists agree to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the City setting forth the provision of this nondiscrimination clause. b. Artists shall in all solicitation or advertisements for employment placed on or on behalf of the Artists, state that all qualified applicants shall receive consideration for employment without regard to race, color, religion, sex, sexual orientation, national origin, familial status, transgender, gender identity, or gender expression. c. Artists shall furnish all information and reports requested by City, and shall permit access to its books, records, and accounts for purposes of investigation to ascertain compliance with such rules and regulations. d. In the event of Artists noncompliance with the nondiscrimination clauses of this Agreement, this Agreement may be canceled, terminated, or suspended in whole or in part, and Artists may be debarred from further agreements with the City. ARTICLE 14 MISCELLANEOUS 14.1. Compliance. Artists shall comply with all Federal, State, and City statutes, ordinances, and regulations applicable to the performance of Artists services under this Agreement. 14.2. Entire Agreement. This writing embodies the entire agreement and understanding between the Parties hereto, and there are no other agreements and understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. Agreement between City of Fort Worth and BRENDA CIARDIELLO ART LLC AND SV RANDALL STUDIO LLC for Commission of Public Art for Chapel Creek Corridor 18 of 36 14.3. Amendments. No alteration, change, modification, or amendment of the terms of this Agreement shall be valid or effective unless made in writing and signed by all parties hereto and approved by appropriate action of City. 14.4. Waiver. No waiver of performance by a party shall be construed as or operate as a waiver of any subsequent default of any terms, covenants, and conditions of this Agreement. The payment or acceptance of fees for any period after a default shall not be deemed a waiver of any right or acceptance of defective performance. 14.5. Governing Law and Venue. If any action, whether real or asserted, at law or in equity, arises on the basis of any provision of this Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas — Fort Worth Division. This Agreement shall be construed in accordance with the laws of the State of Texas. 14.6. Successors and Assigns. Neither party hereto shall assign, sublet, or transfer its interest herein without prior written consent of the other parties, and any attempted assignment, sublease, or transfer of all or any part hereof without such prior written consent shall be void. This Agreement shall be binding upon and shall inure to the benefit of City and Artists and their respective successors and permitted assigns. 14.7. No Third -Party Beneficiaries. The provisions and conditions of this Agreement are solely for the benefit of City and Artists, and any lawful successors or assigns, and are not intended to create any rights, contractual or otherwise, to any other person or entity. 14.8. Severability. If any provision of this Agreement shall be held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired. 14.9. 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 resolved against the drafting party must not be employed in the interpretation of this Agreement or any amendments or exhibits hereto. 14.10. 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 City to fulfill its obligations under this Agreement, City may terminate this Agreement to be effective on the earlier of: (i) thirty (30) days following delivery by City to Artists of written Agreement between City of Fort Worth and BRENDA CIARDIELLO ART LLC AND SV RANDALL STUDIO LLC for Commission of Public Art for Chapel Creek Corridor 19 of 36 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. 14.11. Captions. Captions and headings used in this Agreement are for reference purposes only and shall not be deemed a part of this Agreement. 14.12. Artists' Addresses. Artists shall notify the Contract Manager of changes in address. 14.13. Surviving Covenants. Except as otherwise provided, the covenants and obligations set forth in this Agreement shall not survive the death or legal incapacity of Artists. 14.14. Right to Audit. Artists agrees that City will have the right to audit the financial and business records of Artists that relate to the Artwork Design or Work (collectively "Records") at any time during the Term of this Agreement and for three (3) years thereafter in order to determine compliance with this Agreement. Throughout the Term of this Agreement and for three (3) years thereafter, Artists shall make all Records available to City 100 Fort Worth Trail, Fort Worth, Texas, or at another location in City acceptable to both parties following reasonable advance notice by City and shall otherwise cooperate fully with City during any audit. Artists shall require all of its subcontractors to include in their subcontracts a right to audit in favor of City in substantially the same form as above. 14.15. Survival Provision. The provisions contained in Articles 5 (Warranties), 6 (Insurance and Indemnity), 7 (Ownership and Intellectual Property Rights), 9 (Artists as Independent Contractors), 11.2 (Death or Incapacity of Artists), and 14.14 (Right to Audit) shall survive the termination or expiration of this Agreement. 14.16. 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. 14.17. Time Extensions. The Parties may agree, in writing, to extend or modify any of the time deadlines set forth in this Agreement. 14.18. Israel. If either Artist is a company with ten (10) or more full-time employees and this Agreement is for $100,000 or more, Artists acknowledge 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 Agreement between City of Fort Worth and BRENDA CIARDIELLO ART LLC AND SV RANDALL STUDIO LLC for Commission of Public Art for Chapel Creek Corridor 20 of 36 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, Artists certify that Artists' signatures provide written verification to the City that Artists: (1) do not boycott Israel; and (2) will not boycott Israel during the term of the Agreement. 14.19. EnergyCompanies. If either Artists is a company with ten (10) or more full-time employees and this Agreement is for $100,000 or more, Artists 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 that has a value of $100,000 or more that is to be paid wholly or partly from public funds of the City with a company with 10 or more full-time employees unless the contract contains a written verification from the company that it: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of the contract. The terms "boycott energy company" and "company" have the meanings ascribed to those terms by 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, Artists certify that Artists' signatures provide written verification to the City that Artists: (1) do not boycott energy companies; and (2) will not boycott energy companies during the term of this Agreement. 14.20. Firearms and Ammunitions Industries. If either Artists is a company with ten (10) or more full-time employees and this Agreement is for $100,000 or more, Artists 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 that has a value of $100,000 or more that is to be paid wholly or partly from public funds of the City with a company with 10 or more full-time employees unless the contract contains a written verification from the company that it: (1) do not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate during the term of the contract against a firearm entity or firearm trade association. The terms "discriminate," "firearm entity," and "firearm trade association" have the meanings ascribed to those terms by 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, Artists certify that Artists' signatures provide written verification to the City that Artists: (1) do 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. Agreement between City of Fort Worth and BRENDA CIARDIELLO ART LLC AND SV RANDALL STUDIO LLC for Commission of Public Art for Chapel Creek Corridor 21 of 36 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: CITY OF FORT WORTH: Dana Burdgdoff, Assistant City Manager City Manager's Office City of Fort Worth 100 Fort Worth Trail Fort Worth, Texas 76102 Copies to: Leann Guzman, City Attorney Office of the City Attorney City of Fort Worth 100 Fort Worth Trail Fort Worth, Texas 76102 Anne Allen, Public Art Program Manager Arts Fort Worth 306 West Broadway Avenue, Suite 200 Fort Worth, Texas 76104 2. ARTISTS Brenda Ciardiello BRENDA CIARDIELLO ART LLC 3425 Hamilton Avenue Fort Worth, Texas, 76107 Steven Randall SV RANDALL STUDIO LLC 6003 Ross Avenue Dallas, Texas, 75206 Agreement between City of Fort Worth and BRENDA CIARDIELLO ART LLC AND SV RANDALL STUDIO LLC for Commission of Public Art for Chapel Creek Corridor 22 of 36 IN WITNESS WHEREOF, the Parties hereto have executed this Agreement to be effective as of the Effective Date. CITY OF FORT WORTH By: Dal i (Se 30, 202 1:22:42 CDT) Assistant City Manager RECOMMENDED FOR APPROVAL BY: .J(eL F\jtp9IflIgiep 29, 2026 14:01:41 CDT) Director, Fort Worth Public Library ARTIST: BRENDA CIARDIELLO ART LLC By: Brenda Ciardiello Date: 09/09/26 ARTIST: SV RANDALL STUDIO LLC /Nf By: Steven Randall Date: 9/10/26 CONTRACT COMPLIANCE MANAGER By signing, I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. Name: Anne Allen Title: Public Art Program Manager APPROVED AS TO FORM AND LEGALITY: Tre Qualls Assistant City Attorney Agreement between City of Fort Worth and BRENDA CIARDIELLO ART LLC AND SV RANDALL STUDIO LLC for Commission of Public Art for Chapel Creek Corridor OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 23 of 36 ATTESTED BY: pld Ov$ g=P _ QC3LX aaaLL%QEoXoBaa Unnette S. Goodall City Secretary Contract Authorization: Form 1295: 2026-1456182 and 2026-1455905 M&C: DATE: OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Agreement between City of Fort Worth and BRENDA CIARDIELLO ART LLC AND SV RANDALL STUDIO LLC for Commission of Public Art for Chapel Creek Corridor 24 of 36 Exhibit A: Approved Final Design Narrative Description With Brenda Ciardiello and Steven Randall's Final Design, Vistas, the artist team seeks to create engaging and beautiful pieces of sculptural artwork for the Chapel Creek area residents and users of George Markos Park. The artist team's final designs combine three important natural elements of the area suggested by residents: Chapel Creek 17 feet ---' Vistas Materials: Aluminum, Steel, Acrylic Paint, UV Clearcoat 10 feet ----------------------------- Estimated Total Height Above Grade: 17 feet Height at Base of Sculpture: 6 feet --------' 10 feet Foundation: 18 in. diameter base, 3 in. above grade 7 Our final designs combine and reflect three important natural elements of the area: native flora, dramatic skies, and storms Agreement between City of Fort Worth and BRENDA CIARDIELLO ART LLC AND SV RANDALL STUDIO LLC for Commission of Public Art for Chapel Creek Corridor 25 of 36 Chapel Creek Corridor ANCHORING M1fH]F61'LTOfTM ¢yq�x rFwru-a: - The central pole -structure support is bolted to an engineered, reinforced poured concrete foundation/pedestal. The "spread -foundation" approach is recommended over a drilled foundation avoid potentially challenging dig conditions in deep -digging 23 Agreement between City of Fort Worth and BRENDA CTARDIELLO ART LLC AND SV RANDALL STUDIO LLC for Commission of Public Art for Chapel Creek Corridor 26 of 36 Design Design B1 B2 Dynamic Perspective: The sculptures are designed to be interesting from all angles, allowing for maximum enjoyment to residents, whether they are walking or driving by. —pal Creak Gepel Creek Design Design B3 84 Stylized Representation: The sculptures exist in a playful space between abstraction and representation in order to evoke rather than directly depict. � n 1b Ceepe4 Creek Crraptl GeeF Design r Design B5 Si f; T Spatial Activation: The sculptures use shape, color, texture, scale, and space in order to activate references to specific images or things: prairie skies, storms, sunsets, and plants. 13 12 Che iCreek Design CNBea Geek Design S2� SS Painterly Aesthetic: It was Important to us to Incorporate painterly elements in the sculptures reflecting the studio process we tot towed, Each petal and pole will be painted entirely uniquely based on our original watercolors. A. 14 ,) Design Design S4 S5 11 ig Agreement between City of Fort Worth and BRENDA CIARDIELLO ART LLC AND SV RANDALL STUDIO LLC for Commission of Public Art for Chapel Creek Corridor 27 of 36 Exhibit B: The Site Chapel Creek Corridor Public Art Project, at George Markos Park, 400 Academy Blvd. 76108, Council District 7 Artworks will be placed in George Markos Park close to Chapel Creek Boulevard, the source of the 2018 Bond funding. Our aim is to put ten unique sculptures in and around both sides of the creek throughout the northwest section of George Markos park Agreement between City of Fort Worth and BRENDA CIARDIELLO ART LLC AND SV RANDALL STUDIO LLC for Commission of Public Art for Chapel Creek Corridor 28 of 36 Exhibit C: Technical and Maintenance Record GENERAL INFORMATION Artists: Address: Telephone: Cell: E-mail: Gallery Affiliation: Other Representation: ARTWORK Title of Artwork: Project Name and Location Address: FWPA Project Manager: Description of Artwork: (attach separately if necessary): Artwork Dimensions: Height: Width: Depth: Pedestal or Pad Material: Pedestal or Pad Dimensions: Height: Location & Description of Signature Markings (or copyright): Depth: Agreement between City of Fort Worth and BRENDA CIARDIELLO ART LLC AND SV RANDALL STUDIO LLC for Commission of Public Art for Chapel Creek Corridor 29 of 36 Edition Information if applicable: Date of Execution: Place of Execution: Collaborating Artists: Fabricator (if other than Artists) Fabricator Address: Methods/Materials Used in Execution of Artwork Materials (list type, brand name and manufacturer of all materials; attach Material Safety & Technical Data. Include contact names for all suppliers and attach warranty information): Construction Description: (list all fabricators and any architects, engineers or other technicians involved in the creation and installation of this artwork. Attach all warranties & agreements) Material(s) Specifications: Joining Methods: Welding Rod Alloy or Joint Material & Application Method: Agreement between City of Fort Worth and BRENDA CIARDIELLO ART LLC AND SV RANDALL STUDIO LLC for Commission of Public Art for Chapel Creek Corridor 30 of 36 Casting Alloy, Wax Body, Glass or Fiber Type: Finishes & Coatings (paint color and type, glaze, patina, any and all coatings including fixative, UV, graffiti, etc. Please list vendors and contact information and provide all product information): Pedestals, Foundations & Footings, Mounting and Attachment Applications (List all materials used to install artwork on site. Include vendor information, parts numbers, warranties and agreements.) Integrated Components (List all components included in design and fabrication contracts that function as a part of the final installation including but not limited to: lighting, media, landscaping, etc. Include all vendor information, parts numbers, warranties and agreements and any/all design schematics): Installation Installation Date: Installation Method: (describe installation method, provide photo documentation if available. List name and contact information of installation crew. Attach any diagrams or disassembly instructions.) Agreement between City of Fort Worth and BRENDA CIARDIELLO ART LLC AND SV RANDALL STUDIO LLC for Commission of Public Art for Chapel Creek Corridor 31 of 36 Recommended Routine Maintenance Artists recommendation based on experience and consultation with conservation expert Artists' Conservation Consultant Name: Address: Phone: (Please attach Conservator's Long Term Maintenance Recommendations) Unusual or Special Circumstances of Note Artists' Intention (Please describe your view of how the artwork will change over time and in response to environmental conditions. Artists' vision of how the artwork will look in the future assists FWPA in realizing an appropriate conservation action plan. In addition to environmental conditions public artworks are often affected by public handling, landscaping and site changes. Please clearly detail your expectations for this artwork. Please address issues related to the life expectancy of this artwork.) Agreement between City of Fort Worth and BRENDA CIARDIELLO ART LLC AND SV RANDALL STUDIO LLC for Commission of Public Art for Chapel Creek Corridor 32 of 36 Exhibit D: Affidavit AFFIDAVIT OF BILLS PAID Date: Affiants (Artists): Project: Affiant on oath swears that the following statement is true: Affiants have paid each of Affiants' contractors, laborers, and materialmen in full for all labor and materials provided to Affiants for the construction of any and all improvements on the Project. Affiants are not indebted to any person, firm, or corporation by reason of any such construction. There are no claims pending for personal injury and/or property damages. Affiants: SUBSCRIBED AND SWORN TO before me, the undersigned authority, on this the Day of 20 Notary Public, State of Texas Print Name Commission Expires Agreement between City of Fort Worth and BRENDA CIARDIELLO ART LLC AND SV RANDALL STUDIO LLC for Commission of Public Art for Chapel Creek Corridor 33 of 36 Exhibit E: Sales Tax Exemption Dl 455 (Bad ) ,.r.1a.'7I Texas Sales and Use Tax Exemption Certification This certificate does not require a numherto be trafid. Name of purchaser. Sum or agency City cof Fart Worth, Texas Address (Sheet& aaumber, A.Q. Box er Route ncvrrbera Phone (Area cede and numbeaj 1011 Fort Worth Trail 817 -392 -SSW City, State, ZIP code -------- --- Fort Worth, Texas 76102 1, 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: Ali Vendors Street address: City, State, ZIP code: Description of items to be purchased or on the attached order or invoice: Purchaser claims this exemption for the Following reason: 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 ii is a orfminal offense to give air exemption certificate to the seller for taxable hems thatknow, at the time of purchase, wrllbe used ma mannerothertrran that expressed in this certificate. and depending on the amount of tax evaded, the fkfense may range from a Class C misdemeanor to a felony of the second degree. Purdeosor Title Date Sl dt Chief Financial Officer 0311312024 here � NOTE: This certificate cannot be issued for the purchase. lease, or rental of a motor vehicle. T IS CERTIFICATE DOES NOT REQUIRE A NUMBER TO BE VALID. Sales and Use Tax "Exemption Numbers" or "Tax Exempt" Numbers do not exist. This certificate should be furnished to the supplier. Do not send the completed certificate to the Comptroller of Public Accounts - Agreement between City of Fort Worth and BRENDA CIARDIELLO ART LLC AND SV RANDALL STUDIO LLC for Commission of Public Art for Chapel Creek Corridor 34 of 36 Exhibit F: Insurance Requirements PUBLIC ART PROJECTS - INSURANCE REQUIREMENTS Artists shall meet all the following insurance requirements for this Project. If Artists subcontract fabrication, transportation, and/or installation of the Work, then Artists shall also require their subcontractor(s) to abide by all of the following insurance requirements. Commercial General Liability (CGL) $1,000,000 Each occurrence $2,000,000 Aggregate limit Coverage shall include, but not be limited to, the following: premises, operations, independent contractors, products/completed operations, personal injury, and contractual liability. Insurance shall be provided on an occurrence basis and be as comprehensive as the current Insurance Services Office (ISO) policy. The policy shall name City as an additional insured. Bailee's/Property (if applicable) The inland marine policy shall provide per occurrence coverage at replacement cost value based on the latest appraised value of the artwork, which is entrusted to the Artists and is considered to be in the Artists' care, custody, and control and shall include property "in transit." Automobile Liability $1,000,000 Each accident or $250,000 Bodily Injury per person $500,000 Bodily Injury per occurrence $100,000 Property Damage A commercial business policy shall provide coverage on "Any Auto," defined to include autos owned, hired, and non -owned. For Artists and/or Artists' Subcontractors who have employees: Workers' Compensation Statutory limits Employer's liability $100,000 Each accident/occurrence $100,000 Disease - per each employee $500,000 Bodily Injury/Disease - policy limit Workers' Compensation coverage shall provide limits consistent with statutory benefits outlined in the Texas Workers' Compensation Act (Art. 8308 -1.01 et seq. Tex. Rev. Civ. Stat.). GENERAL POLICY REQUIREMENTS The certificate of insurance shall include an endorsement naming the City of Fort Worth, its Officers, Employees, and Volunteers as an "Additional Insured" on all liability policies. The additional insured requirement does not apply to Workers' Compensation or Automobile policies. Agreement between City of Fort Worth and BRENDA CIARDIELLO ART LLC AND SV RANDALL STUDIO LLC for Commission of Public Art for Chapel Creek Corridor 35 of36 Artists are responsible for providing the City a thirty day (30) notice of cancellation or non -renewal of any insurance policy and may not change the terms and conditions of any policy that would limit the scope or coverage, or otherwise alter or disallow coverage as required herein. The workers' compensation policy shall include a Waiver of Subrogation (Right of Recovery) in favor of the City of Fort Worth. The insurers for all policies must be licensed/approved to do business in the State of Texas. All insurers must have a minimum rating of A- VII in the current A. M. Best Key Rating Guide or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. If the rating is below that required, written approval of Risk Management is required. If insurance policies are not written for specified coverage limits, an Umbrella or Excess Liability insurance for any differences is required. Excess Liability shall follow form of the primary coverage. Unless otherwise stated, all required insurance shall be written on an "occurrence basis." The deductible or self -insured retention (SIR) affecting required insurance coverage shall be acceptable to and approved in writing by the Risk Manager of City of Fort Worth in regards to asset value and stockholders' equity. In lieu of traditional insurance, alternative coverage maintained through insurance pools or risk retention groups, must also approved by City's Risk Manager. City, at its sole discretion, reserves the right to review these insurance requirements and to make reasonable adjustments to insurance coverages and their limits when deemed necessary and prudent by City based upon changes in statutory law, court decision, or the claims history of the industry or of the contracting party to City of Fort Worth. City shall be required to provide prior notice of ninety days. City shall be entitled, upon request and without expense, to receive copies of policies and endorsements thereto and may make any reasonable requests for deletion or revision or modifications of particular policy terms, conditions, limitations, or exclusions except where policy provisions are established by law or regulations binding upon either party or the underwriter on any such policies. Agreement between City of Fort Worth and BRENDA CIARDIELLO ART LLC AND SV RANDALL STUDIO LLC for Commission of Public Art for Chapel Creek Corridor 36 of 36 FORT WORTH,. MAYOR AND CO NCIL CO NICATION 7.5.12 PUBLIC ART FOR CHAPEL CREEK CO RIDOR IN GEORGE MARKOS PARK DATE: 08/11/26 M&C FILE NUMBER: M&C 26-0627 DEPARTMENT: LIBRARY SUBJECT U (CD 7) Authorize Execution of Artwork Commission Contract with Brenda Ciardiello Art LLC and SV Randall Studio LLC in an Amount Up to $366,658.62 for Fabrication, Delivery, Installation, and Contingencies for Artwork for Chapel Creek Corridor, to be Located in George Markos Park, at 400 Academy Blvd, Fort Worth, Texas, 76108 RECO NDATION It is recommended that the City Council authorize the execution of an artwork commission contract with Brenda Ciardiello Art LLC and SV Randall Studio LLC in an amount up to $366,658.62 for fabrication, delivery, installation, and contingencies for artwork for Chapel Creek Corridor, to be located in George Markos Park, at 400 Academy Blvd, Fort Worth, Texas, 76108. DISCUSSION The purpose of this Mayor and Council Communication (M&C) is to authorize the execution of an artwork commission contract with Brenda Ciardiello Art LLC and SV Randall Studio LLC in an amount up to $366,658.62 for fabrication, delivery, installation, and contingencies for artwork for Chapel Creek Corridor. With Brenda Ciardiello and Steven Randall's Final Design, Vistas, the artist team seeks to create engaging and beautiful pieces of sculptural artwork for the Chapel Creek area residents and users of George Markos Park. The artist team's final designs combine three important natural elements of the area suggested by residents: native flora, dramatic skies, and remarkable storms. Designed to be engaging and viewed from multiple angles, the unique sculptures exist in a playful space between abstraction and representation. The artists will fabricate and install up to ten unique sculptures (the "Artwork") within the available budget. Sculptures will be ten feet off the ground on slim steel poles. The upper artwork elements will be fabricated in aluminum and painted with automotive paint to achieve a watercolor -like effect. Each will have a spread beam footing below grade with an 18" diameter circle at grade that will act as a clear area for mowing equipment. The artists have selected Ion Art of Austin, Texas, for fabrication and installation. The sculptures will be �7 1 of 3 FORT WORTH,. placed at the western end of the park closest to the roadway on both sides of the creek and adjacent to the existing paved park pathways. Fort Worth Art Commission Action: Arts Fort Worth 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, in which seven Fort Worth artists and three north Texas artists from the Pre -Qualified List of Emerging Artists were considered by the Artist Selection Panel. On December 12, 2022, the Fort Worth Art Commission (FWAC) approved the Selection Panel's recommendation of Brenda Ciardiello (of Fort Worth) and SV Randall (of Dallas) as the project artists. On November 13, 2023, FWAC approved the Preliminary Design, designed to be attached to select streetlight poles in the median of Chapel Creek Boulevard. After approval of Preliminary Design, the artists subcontracted an engineer to do further testing of streetlight poles and subsequently learned the light poles lacked sufficient structure to support the planned artwork designs. Artists then identified adjacent George Markos Park as an alternative location for siting the artwork and coordinated with Park Department staff to site the artwork elements adjacent to existing paved paths, avoiding utilities and meeting requirements for use of the bond funding associated with Chapel Creek Boulevard. The artworks were revised to include sculptural colorful poles, which became an important part of the design. On April 20, 2026, FWAC approved the Final Design and recommended that the artist team be placed under an artwork commission contract. Funding for the Chapel Creek Corridor Public Art Project was approved as part of the Public Art Plan for the 2018 Bond Program, adopted by City Council on October 16, 2018 (M&C G- 19401). The project is included in the Fort Worth Public Art Fiscal Year 2026 Annual Work Plan, adopted by City Council on December 9, 2025 (M&C 25-1127). An informational item was presented to the Park & Recreation Advisory Board on May 27, 2026, and the Park Board endorsed the project at its meeting on June 24, 2026. The artist team shall require their subcontractors to pull all permits required for this project; however, the City shall waive any fees for these permits as this project is funded by City bond funds. Funding is budgeted in the 2018 Bond Program Fund for the Library Department for the purpose of funding the FWPA Chapel Creek Corridor project, as appropriated. Councilmembers Macy Hill and Michael Crain concur with the FWAC's recommendation for Brenda Ciardiello and Steven Randell to fabricate, deliver, and install artwork in George Markos Park adjacent to Chapel Creek Boulevard. 2 of 3 FORT WORTH,. This project is in COUNCIL DISTRICT 7. FISCAL INFORMATION/CERTIFICATION The Director of Finance certifies that funds are available in the current capital budget, as previously appropriated, in the 2018 Bond Program Fund for the FWPA Chapel Creek Corridor project to support the approval of the above recommendation and execution of the contract. Prior to any expenditure being incurred, the Library Department has the responsibility to validate the availability of funds. SUBMITTED FOR CITY MANAGER'S OFFICE Dana Burghdoff, # 8018 BY: ORIGINATING BUSINESS UNIT HEAD: Midori Clark, # 7077 ADDITIONAL INFORMATION CONTACT: Wesley Gentle, # 817 298 3029 ATTACHMENTS 1. George Markos Comm Contract Ciardiello Randall_ MC Attachment [7.5.12.1 - 4 pages] 2. CONFIDENTIAL REDACTED - Brenda Ciardiello Art LLC Form 1295 Certificate [7.5.12.2 - 1 page] 3. CONFIDENTIAL REDACTED - Randall Form 1295 Certificate 101531624 [7.5.12.3 - 1 page] 4. CONFIDENTIAL REDACTED - Public Art for Chapel Creek Corridor in George Markos Park FID (2) [7.5.12.4 - 1 page] 5. CONFIDENTIAL REDACTED - Public Art for Chapel Creek Corridor in George Markos Park funds avail (1) [7.5.12.5 - 1 page] 3 of 3 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1of1 Complete Nos. 1- 4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. CERTIFICATION OF FILING Certificate Number: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. 2026-1455905 Brenda Ciardiello Art LLC Fort Worth, TX United States Date Filed: 05/01/2026 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Forth Worth Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. 60782 Original Public Artwork for George Markos Park, Fort Worth, TX 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary 5 Check only if there is NO Interested Party. ❑ X 6 UNSWORN DECLARATION My name is Brenda Ciardiello and my date of birth is My address is 3425 Hamilton Ave Fort Worth , TX , 76107 , USA (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in Tarrant County, State of Texas , on the 3 day of nab, 202&_. (month) (year) Signature of authorized agent of contracting business entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V4.1.0.b6ef2aab CERTIFICATE OF INTERESTED PARTIES FORM 1295 1of1 Complete Nos. 1- 4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. CERTIFICATION OF FILING Certificate Number: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. 2026-1456182 SV Randall Studio LLC Plano, TX United States Date Filed: 05/01/2026 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Forth Worth Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. 60782 Original Public Artwork for George Markos Park, Fort Worth, TX 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary 5 Check only if there is NO Interested Party. ❑ X 6 UNSWORN DECLARATION My name is Steven Randall and my date of birth is My address is 1016 Orlando Circle Plano TX 75075 USA (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in Dallas County, State of TX , on the 2 day of May 20 26 (month) (year) Signature of authorized agent of contracting business entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V4.1.0.b6ef2aab FORT WORTH® City Secretary's Office Contract Routing & Transmittal Slip Contractor's Name: Anne Allen Subject of the Agreement: BRENDA CIARDIELLO ART LLC AND SV RANDALL STUDIO LLC FOR COMMISSION OF PUBLIC ART FOR CHAPEL CREEK CORRIDOR IN GEORGE MARKOS PARK M&C Approved by the Council? * Yes 0 No ❑ If so, the M&C must be attached to the contract. Is this an Amendment to an Existing contract? Yes ❑ No 0 If so, provide the original contract number and the amendment number. Is the Contract "Permanent"? *Yes 0 No ❑ If unsure, see back page for permanent contract listing. Is this entire contract Confidential? *Yes ❑ No 0 If only specific information is Confidential, please list what information is Confidential and the page it is located. Effective Date: If different from the approval date. Expiration Date: If applicable. Is a 1295 Form required? * Yes 0 No ❑ *If so, please ensure it is attached to the approving M&C or attached to the contract. Project Number: If applicable. 101980 *Did you include a Text field on the contract to add the City Secretary Contract (CSC) number? Yes 0 No O Contracts need to be routed for CSO processing in the following order: 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.