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Contract 46018
CITY SECRETARY CONTRACT NO. AGREEMENT BETWEEN THE CITY OF FORT WORTH AND JANET ZWEIG LLC AND EL DORADO INC. FOR PRELIMINARY DESIGN OF PUBLIC ART FOR THE NORTH BEACH CORRIDOR LINEAR PROJECT This Agreement is entered into this-L—day of 6(�h(V , 2014, by and between the City of Fort Worth, a home-rule municipal corporation of the State of Texas, acting by and through Fernando Costa, its duly authorized Assistant City Manager, and Janet Zweig LLC, a Limited Liability Company, located at 54 Willow Street #4A, Brooklyn, New York 11201, and acting by and through Janet Zweig, its duly authorized member, and El Dorado Inc., a Missouri Corporation located at 510 Avenida Cesar E. Chavez, Kansas City, MO 64108, acting by and through Dan Maginn, its duly authorized Principal. City has designated the Arts Council of Fort Worth and Tarrant County, Inc., to manage this Agreement on its behalf. The Contract Manager shall act through its designated 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, City is designing and constructing street improvements in the North Beach Street Corridor, which includes North Beach Street from Golden Triangle Boulevard to Keller Hicks Road; Keller-Hicks Road to Timberland Boulevard; Vista Meadows Drive to Shiver Road; and Keller-Hicks Road from Alta Vista Road to Park Vista Boulevard; WHEREAS, City has set aside funds to design and commission public art/design enhancements in conjunction with street improvements projects from the 2008 Capital Improvements Program and the 2007 Critical Capital Needs Program; WHEREAS, the Fort Worth Art Commission (the "FWAC") has recommended the Project in its Fiscal Year 2014 Annual Work Plan and Budget (approved by City Council on November 12,2013,(M&C C-26557); WHEREAS, Janet Zweig LLC was competitively selected through a process outlined in the Fort Worth Public Art Master Plan conducted by the Contract Manager with oversight of the FWAC; OG FMAL RECORD Agreement between the City of Fort Worth and Janet Zweig LLC and EI J�Q �Ip ��� � Page 1 of 30 for Preliminary Design of Public Artwork (R IV Execution Copy 9130/14 Vy.WQRTH9 TX -- RECEIVED OCT 0 9 2014 _� ,,.�•, nrr o 9 gf11l WHEREAS, Janet Zweig LLC was selected based on an artwork proposal that was approved by the FWAC at a regularly-scheduled meeting on October 14, 2013; WHEREAS, Janet Zweig LLC wishes to collaborate with El Dorado Inc. for the preliminary design under this Agreement; WHEREAS, the FWAC has recommended that Artists be retained to develop a preliminary design, based on Artists' Proposal,to be incorporated into the Site; and WHEREAS, City and Artists wish to set out the terms and conditions under which said Work shall be designed to promote the integrity of Artists' ideas and statements as represented by the Work. 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: ARTICLE 1 DEFINITIONS As used in this Agreement,the following terms shall have the meanings as set forth below: 1.1. Agreement—Means and includes this Agreement between the City and Janet Zweig LLC and El Dorado Inc. for Design of Public Art for the Site. 1.2. Artists—Means and includes Janet Zweig LLC and El Dorado Inc.. 1.3. Artwork Design—Means and includes both the Proposal and Preliminary Design of the Work,which are defined in 1.3.a. and 1.3.b. below. 1.3.a. Proposal — Means all preliminary drawings, sketches, prototypes, maquettes, models, narrative descriptions, budget estimates, and the like that are created by Artists in connection with this Agreement and/or any prior agreement between Artists and City or Artists and Contract Manager (in which the City is a third-party beneficiary) for the Work, including, but not limited to, the design concepts included in the proposal, which are attached hereto as Exhibit "A" and incorporated herein for all purposes. Exhibit A was created by Janet Zweig LLC, in collaboration with El Dorado Inc. pursuant to City of Fort Worth City Secretary Contract Number(CSC#)44572, as amended by CSC#44572-A 1. 1.3.b. Preliminary Design — Means the Artists' refined, proposed preliminary design of the Work for the Site, which is based upon the City-approved Proposal and includes, but is not limited to, all refined drawings, sketches, prototypes, Agreement between the City of Fort Worth and Janet Zweig LLC and El Dorado Inc. Page 2 of 30 for Preliminary Design of Public Artwork Execution Copy 9130/14 maquettes, models, and the like that may be created by Artist in connection with this Agreement, or the like that are related, directly or indirectly, to the Work and shall include Artist's specifications for fabrication and installation of the Work. 1.4. Contract Manager — Means and includes the Arts Council of Fort Worth and Tarrant County,Inc., and/or its officers, directors, and employees. 1.5. City—Means and includes the City of Fort Worth, Texas. 1.6. Effective Date — Means and includes the date represented in the first paragraph of this Agreement,which shall be the official date of execution of this Agreement. 1.7. Parties—Means and includes City and Artists. 1.8. Preliminary Design — Means all preliminary drawings, sketches, prototypes, maquettes, models, narrative descriptions, budget estimates, and the like that are created by Artist in connection with this Agreement and/or any prior agreement between Artist and City for the Work. 1.9. Preliminary Design Deliverables — Means and includes those items set forth in Article 2.3 of this Agreement that Artists are required to submit to City for review and approval. 1.10. Project — Means and includes the capital improvement/public art development undertaking of City for which Artists' services are to be provided pursuant to this Agreement. 1.11. Project Stakeholders — Means and includes the appropriate City Council Members, and their appointed community representatives and the FWAC's appointed representative and others as may be appropriate. 1.12. Site — Means the North Beach Street Corridor, which includes North Beach Street from Golden Triangle Boulevard to Keller Hicks Road; Keller-Hicks Road to Timberland Boulevard; Vista Meadows Drive to Shiver Road; and Keller-Hicks Road from Alta Vista Road to Park Vista Boulevard, which are more particularly described on Exhibit `B," attached hereto and incorporated herein by reference for all purposes. 1.13. Work — Means and includes the finished object(s) of art and design that are the subject of this Agreement, or any intermediary stage of completion of such work. ARTICLE 2 SCOPE OF SERVICES 2.1. General. a. Artists shall perform all services and will furnish all supplies, materials, and equipment as necessary for developing the Preliminary Design of the Work and for providing the Agreement between the City of Fort Worth and Janet Zweig LLC and El Dorado Inc. Page 3 of 30 for Preliminary Design of Public Artwork Execution Copy 9/30/14 Preliminary Design Deliverables. 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 input from Project Stakeholders and approval by City as set forth in this Agreement. c. Prior to commencing the Preliminary Design, Artists shall meet with and seek input from Project Stakeholders,which may include interviews and group meetings. d. The specific location at the Site where the Work will be installed shall be mutually agreed upon by City and Artists. e. Artists shall meet and coordinate with Project Stakeholders, the City, and others, as necessary,to explore the compatibility of the Work with City requirements and the feasibility of integrating the Work into the Site in terms of structural support, lighting, electricity, or other infrastructure needs to support the Work. f. Artists shall investigate and visualize the idea of using Site for an audio content delivery area, and develop the visual elements. Investigation shall include meeting with the Fort Worth Planning and Development Department representatives to determine constraints of the idea, relating to access, traffic, land use, visual markers for the work and related topics. Artists shall research media technologies that could be employed. g. Artists shall present the Preliminary Design to Project Stakeholders, the appropriate City staff, and other City boards or commissions, as appropriate, for input and to the FWAC for review and approval at dates and times mutually agreed upon. h. Artist shall make a minimum of three (3) trips to Fort Worth, Texas for meetings and presentations as required in this Agreement. 2.2. City Assistance. Upon request by Artists, City shall promptly furnish all information and materials required by Artists to the extent that such materials are available. City, upon request by Artists, shall also provide correct scaled drawings of the Site, if available. 2.3. Preliminary Design Deliverables. Within six (6) months after the Effective Date, Artists shall provide services and all supplies, materials, and equipment necessary to provide certain deliverables, as set forth in this Article 2.3 to City for approval. Preliminary Design Deliverables shall include details of both the visual and audio components of the Work and consist of the following: Agreement between the City of Fort Worth and Janet Zweig LLC and El Dorado Inc. Page 4 of 30 for Preliminary Design of Public Artwork Execution Copy 9/30/14 a. A report describing the feasibility of an audio content delivery concept. Report should include narratives on how various short-duration "cultural pieces" could be delivered to the public including technological requirements, siting possibilities and long-term maintenance requirements. b. A preliminary listing of some of the categories of cultural pieces that could be offered in the audio content concept and narratives describing some of the potential pieces themselves. c. Detailed, design illustrations for the visual components of the Work for the Site, which shall be 20" x 30" and mounted on foam core and/or in a high resolution digital format, such as JPEG or TIF files, showing the proposed Work from multiple vantage points, including depictions of all visual elements, and with at least one illustration showing the Work's size and placement in relation to the Site. d. A narrative description of the Artists' concept, proposed materials, fabrication, and installation methods, maintenance, and anticipated annual maintenance requirements. e. Material or fabrication samples and/or prototype models for the Work that show the size and placement of the Work in relation to the Site, as appropriate. f. A narrative describing possible technology to be used and a plan for generating and delivering the cultural pieces. g. Artists shall present evidence that the community has been involved in the Preliminary Design phase and indicates a desire to participate in the local audio content aspect of the project. Such evidence could include participation survey results, content suggestions, and attendance records from meetings depicting the community's support or opposition. h. A preliminary budget estimate, on the budget form attached hereto as Exhibit "C," for implementation of a final design of the Work in an amount not to exceed SIX HUNDRED SEVENTY THOUSAND, FOUR HUNDRED FIFTY DOLLARS AND NO CENTS ($670,450.00) which includes all costs for materials, labor, fabrication, delivery, installation, insurance, transportation, technological equipment and subcontractors to develop the audio content of the work, remaining Artists' fee, and all other associated costs for the Work including, but not limited to travel, material or fabrication samples and/or prototype models for the Work that show the size and placement of the Work in relation to the Site, as appropriate. The implementation budget of$670,450.00 does not include payment for any unforeseen changes in fabrication or installation costs. City shall pay to the Artist contingency funds in an amount up to thirty-seven thousand, five hundred dollars and no Agreement between the City of Fort Worth and Janet Zweig LLC and El Dorado Inc. Page 5 of 30 for Preliminary Design of Public Artwork Execution Copy 9/30/14 cents ($37,500.00) for unforeseen costs associated with the Work that are incurred by the Artist upon (i) receipt of supporting documentation by the Contract Manager from the Artist and (ii) approval by the Contract Manager of the additional costs. 2.4. Preliminary Design Review. a. Artists shall present a draft of the Preliminary Design to the FWAC for review and input. b. Artists shall meet with the designated Project Stakeholders, City staff, and other City boards or commissions, as appropriate, to present the draft Preliminary Design, at a date and time mutually agreed upon, for input. c. Artists shall present the Preliminary Design to the FWAC for approval at a regularly scheduled FWAC meeting. d. City shall notify Artists of its approval, or disapproval, of the Preliminary Design within thirty (30) business days of Artists'presentation to the FWAC. e. If City disapproves of the Preliminary Design, either in whole or in part, then City shall inform Artists of each revision to be made to the Preliminary Design. City may require Artists to make such revisions to the Preliminary Design as City deems necessary in its sole discretion and/or for the Work to comply with applicable statutes, ordinances, or regulations of any governmental regulatory agency having jurisdiction over the Site for reasons of safety and security. f. Artists shall have thirty (30) calendar days from the date City informed Artists of the revision(s) to present the revised Preliminary Design in conformance with City's requirements. g. If City disapproves of the resubmitted Preliminary Design, any further Preliminary Design resubmissions will be by mutual agreement of the Parties and subject to the procedures and terms in this Article. If the Parties desire not to continue with the resubmission process,then this Agreement will automatically terminate, with payment to the Artists per the payment schedule in Article 3 up through the date of termination. (See Article 4.4.d) h. Upon City approval of the Preliminary Design, any revisions made to a City-approved Preliminary Design shall become part of the Preliminary Design. Artists shall incorporate any City-approved revisions into the final design in conformance with City's requirements. Any revisions shall become part of any final design deliverables if the Artists proceed to the final design phase. Artists shall provide the Preliminary Design presentation materials to the Contract Manager to become part of the City of Fort Worth Public Art archive owned by Agreement between the City of Fort Worth and Janet Zweig LLC and El Dorado Inc. Page 6 of 30 for Preliminary Design of Public Artwork Execution Copy 9/30/14 City. These documents, models, and/or drawings will be retained for archival and exhibition purposes. i. Upon the expiration of the Term (hereinafter defined) of this Agreement, if the Preliminary Design is accepted by City and funding is appropriated by the Fort Worth City Council, negotiations for final design or final design and commission for fabrication, delivery, and installation of the Work shall commence. ARTICLE 3 COMPENSATION AND PAYMENT SCHEDULE 3.1. Compensation. Total compensation under the Agreement shall not exceed FORTY-TWO THOUSAND, FIFTY DOLLARS AND NO CENTS ($42,050.00), which shall constitute full compensation for any and all costs associated with the Agreement, including, but not limited to, all travel expenses, and services performed and materials furnished by Artists under this Agreement. Artists and City may amend this Agreement to allow for additional payment if additional services are required. 3.2. Payment Schedule. City agrees to pay Artists 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) SEVEN THOUSAND, FIVE HUNDRED DOLLARS AND NO CENTS ($7,500.00) upon execution of this Agreement. (b) NINE THOUSAND, THREE HUNDRED, SEVENTY-FIVE DOLLARS AND NO CENTS ($9,375.00) after Artists travel to Fort Worth, conduct site research and meet with community members and stakeholders to determine how best to engage the community to contribute audio content, and meet with local industry professionals regarding the development of audio content. (c) SEVEN THOUSAND, SIX HUNDRED, TWENTY-FIVE DOLLARS AND NO CENTS ($7,625.00) after Artists travel to Fort Worth and make a presentation(s) of the draft Preliminary Design to the FWAC. (d) TWELVE THOUSAND, TWO HUNDRED, FIFTY DOLLARS AND NO CENTS ($12,250.00) after Artists travel to Fort Worth and meet with the designated Project Stakeholders, City staff, and other City boards or commissions, as appropriate, to present Agreement between the City of Fort Worth and Janet Zweig LLC and El Dorado Inc. Page 7 of 30 for Preliminary Design of Public Artwork Execution Copy 9/30114 the Preliminary Design pursuant to Article 2.4(b) and submit all of the Preliminary Design Deliverables required under Article 2.3 of this Agreement. (e) FIVE THOUSAND, THREE HUNDRED, DOLLARS AND NO CENTS ($5,300.00) after City's approval of the Preliminary Design pursuant to Article 2.4. 3.3. Sales Taxes. City is a tax-exempt organization and no state or local sales taxes or federal excise taxes shall be due upon the Project. City shall supply Artists with the "Texas Certificate of Exemption," in substantially the same form as that attached hereto as Exhibit "D," 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, 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. 3.5. All Payments to be Made to Janet Zweig LLC. All Parties agree that City shall remit all payments under this Agreement to Janet Zweig LLC only, and Janet Zweig LLC shall be responsible to El Dorado Inc. for any payments it is owed under this Agreement. All Parties agree that City shall not be liable for any payments directly to El Dorado Inc. for services rendered under this Agreement, and El Dorado Inc. only recourse for non-payment shall be against Janet Zweig LLC. ARTICLE 4 TERM AND TERMINATION 4.1. Term. This Agreement shall be in effect from the Effective Date, and, unless terminated earlier pursuant to such provisions in this Agreement, shall extend until final payment to Artists by City. 4.2. Gratuities. City may cancel this Agreement if it is found that gratuities in the form of entertainment, gifts, or otherwise were offered or given by Artists or any agent or representative to any City or Contract Manager official or employee with a view toward securing favorable treatment with respect to Agreement between the City of Fort Worth and Janet Zweig LLC and El Dorado Inc. Page 8 of 30 for Preliminary Design of Public Artwork Execution Copy 9/30/14 the awarding, amending, or making of any determinations with respect to this performance of this Agreement. 4.3. Termination for Cause. If either party to this Agreement shall fail to fulfill their obligations in accordance with the terms of this Agreement, or otherwise violate any of the covenants, agreements, or stipulations material to this Agreement, then the Parties shall first attempt to resolve any disputes arising from this Article 4.3 in accordance with the dispute resolution process set forth in Article 5. If the Parties cannot resolve the dispute(s), then the disputing party shall thereupon have the right to terminate this Agreement upon the delivery of a written "Notice of Termination" specifying the grounds for termination. Termination of this Agreement under this provision shall not relieve the party in default of any liability for damages resulting from a breach or a violation of the terms of this Agreement. 4.4. Termination for Convenience. a. The services to be performed under this Agreement may be terminated by either party, subject to written notice submitted thirty (30) calendar days before termination. b. If the termination is for the convenience of City, City shall pay Artists pursuant to the payment provision in Article 3, 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, and designs, up to the effective date of termination,provided that no right to fabricate or execute the Work shall pass to City. C. If termination is for the convenience of Artists, City shall have the right, in its sole discretion, to pay Artists pursuant to the payment provision in Article 3 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. If City chooses to pay Artists, then 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 shall become property of City. d. If termination is by mutual agreement of the Parties as set forth in Article 2.4 then City shall pay Artists per the payment schedule in Article 3 up through the date of termination. City Agreement between the City of Fort Worth and Janet Zweig LLC and El Dorado Inc. Page 9 of 30 for Preliminary Design of Public Artwork Execution Copy 9/30/14 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. 4.5. Incapacity of Artists. a. In the event that either Artist, becomes incapable, legally or otherwise, of performing its duties and/or obligations under 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. Should Artists' Preliminary Design have been approved, in the event of termination under this Article 4.5, City shall have the right to complete the Work, if feasible. Due regard shall be made for Artists' intended results and proper credit and acknowledgement shall be given to Artists. This provision shall survive the termination or expiration of this Agreement. ARTICLE 5 DISPUTE RESOLUTION a. If either Artists or City has a claim, dispute, or other matter in question for breach of duty, obligations, services rendered or any warranty that arises under this Agreement, the Parties shall first attempt to resolve these issues through this dispute resolution process. The disputing party shall notify the other party in writing as soon as practicable after discovering the claim, dispute, or breach. The notice shall state the nature of the dispute and list the party's specific reasons for such dispute. Within ten (10) business days of receipt of the notice, both parties shall make a good faith effort, either through email, mail, phone conference, in person meetings, or other reasonable means to resolve any claim, dispute, breach, or other matter in question that may arise out of or in connection with this Agreement. 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) or 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 Agreement between the City of Fort Worth and Janet Zweig LLC and El Dorado Inc. Page 10 of 30 for Preliminary Design of Public Artwork Execution Copy 9/30/14 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. Any agreement reached in mediation shall be enforceable as a settlement agreement in any court having jurisdiction. No provision of this Agreement shall waive any immunity or defense. No provision of this Agreement constitutes consent to sue. If the Parties cannot resolve the dispute through mediation, then either party shall have the right to exercise any and all remedies available under law regarding the dispute. (See Article 4.3) ARTICLE 6 OWNERSHIP AND INTELLECTUAL PROPERTY RIGHTS 6.1. General. a. Upon payment in full to Artists or pursuant to the applicable termination provision of this Agreement, the Preliminary Design, Work, and all other work product under this Agreement shall become the property of City, without restriction on future use, except as provided below. Artists shall retain copyright and other intellectual property rights in and to the Preliminary Design and/or Work. By execution of this Agreement, Artists grants to the City an exclusive, perpetual, royalty free, and irrevocable license to graphically depict and/or publicly display the Preliminary Design and/or Work for any non-commercial purpose whatsoever. For purposes of this limitation, any graphic depiction or display of the Preliminary Design and/or Work intended to promote or benefit City, its public services or its public purposes, regardless of whether or not a fee is charged to the public, or whether revenue is otherwise received by City, shall be deemed a non-commercial purpose. b. In view of the intention that the Preliminary Design and the Work be unique, Artists shall not make any additional exact duplicate reproductions of the Preliminary 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. C. Artists reserve every right available under the Federal Copyright Act to control the making and dissemination of copies or reproductions of the Preliminary Design and/or Work, except as those rights are limited by this Agreement. City may make and disseminate photographs, drawings, and other two-dimensional reproductions of the Preliminary Design Agreement between the City of Fort Worth and Janet Zweig LLC and El Dorado Inc. Page 11 of 30 for Preliminary Design of Public Artwork Execution Copy 9/30/14 and/or Work and accompanying materials for any municipal purpose. All reproductions by the City shall contain a credit to the Artists and a copyright notice substantially in the following form: "©date,Artists' name." d. Nothing in this Agreement shall prevent the Artists from using images of the Preliminary Design and/or Work for marketing and promotional purposes in connection with the Artists' business. e. City is not responsible for any third-party infringement of Artists' copyright and not responsible for protecting the intellectual property rights of Artists. 6.2. Artists' Addresses. Artists shall notify City of changes in Artists' addresses as set forth in Article 12. The failure to do so, if such failure prevents City from locating Artists, shall be deemed a waiver by Artists of the right subsequently to enforce these provisions that require the express approval of Artists. Notwithstanding this provision, City shall make every reasonable effort to locate Artists when matters arise relating to Artists'rights. ARTICLE 7 WARRANTIES OF TITLE AND COPYRIGHT Artists represent and warrant that: i. Preliminary Design and/or Work shall be the original product of the Artists' sole creative efforts. ii. Preliminary Design and/or Work is and will be unique and original, and does not infringe upon any copyright or the rights of any person; iii. Artists have not sold, assigned,transferred, licensed, granted, encumbered, or utilized the Preliminary Design and/or Work or any copyright related thereto that may affect or impair the rights granted pursuant to this Agreement; iv. Preliminary Design and/or Work (or duplicate thereof) have not been accepted for sale elsewhere; V. Artists have the full power to enter into and perform this Agreement and to make the grant of rights contained in this Agreement; and vi. All services performed hereunder shall be performed in accordance with all applicable laws, regulations, ordinances, etc., and with all necessary care, skill and diligence. Agreement between the City of Fort Worth and Janet Zweig LLC and El Dorado Inc. Page 12 of 30 for Preliminary Design of Public Artwork Execution Copy 9/30/14 ARTICLE 8 ARTISTS AS INDEPENDENT CONTRACTORS Artists shall perform all work and services hereunder as independent contractors, and not as an 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 his/her 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 doctrine of respondent superior has no application as between City and Artists. ARTICLE 9 INDEMNIFICATION 9.1. General Indemnity. i. 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 HIND OR NATURE, INCLUDING, BUT NOT LIMITED TO, THOSE FOR PROPERTY LOSS (INCLUDING, BUT NOT LIMITED TO, WORKERS' COMPENSATION ACT LIABILITY, 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 HIND OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR RESULTING FROM THE ANY ACTS, ERRORS, OR OMMISSIONS OF ARTISTS AND/OR ARTISTS' OFFICERS, AGENTS, EMPLOYEES, DIRECTORS, MEMBERS, PARTNERS, REPRESENTATIVES, SUBARTISTS, AND CONTRACTORS AND ARTISTS' SUBARTIST'S AND CONTRACTOR'S RESPECTIVE Agreement between the City of Fort Worth and Janet Zweig LLC and El Dorado Inc. Page 13 of 30 for Preliminary Design of Public Artwork Execution Copy 9/30/14 OFFICERS, AGENTS, EMPLOYEES, DIRECTORS, MEMBERS, PARTNERS, AND REPRESENTATIVES IN CONNECTION WITH THE EXECUTION, PERFORMANCE, ATTEMPTED PERFORMANCE, OR NONPERFORMANCE OF THIS AGREEMENT. ii. 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. iii. Artist shall require all of its subcontractors to include in their subcontracts a release and indemnity in favor of City in substantially the same form as above. 9.2. Intellectual Property. 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 by Artists. 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 HARMLESS CITY FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES, ACTIONS, OR EXPENSES OF EVERY TYPE AND DESCRIPTION, INCLUDING, BUT NOT LIMITED TO, ATTORNEY'S FEES, TO WHICH THEY MAY BE SUBJECTED ARISING OUT OF CITY'S USE OR POSSESSION OF THE WORKS BY REASON OF AN ALLEGED OR ACTUAL COPYRIGHT VIOLATION OR OTHER LACK OF OWNERSHIP, AUTHORSHIP, OR ORIGINALITY. City expressly assumes no obligation to review or obtain appropriate licensing and all such licensing shall be the exclusive obligation of Artists. ARTICLE 10 EQUAL OPPORTUNITY a. Artists shall not engage in any unlawful discrimination based on race, creed, color, national origin, sex, age, religion, disability, marital status, citizenship status, sexual orientation or any other prohibited criteria in any employment decisions relating to this Agreement, and Artists represent and warrant that to the extent required by applicable laws, it is an equal Agreement between the City of Fort Worth and Janet Zweig LLC and El Dorado Inc. Page 14 of 30 for Preliminary Design of Public Artwork Execution Copy 9/30/14 opportunity employer and shall comply with all applicable laws and regulations in any employment decisions. b. 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 City. ARTICLE 11 MISCELLANEOUS 11.1. Compliance. Artists shall comply with all Federal, state, and local statutes, ordinances, and regulations applicable to the performance of Artists' services under this Agreement. 11.2. Entire Agreement. This writing embodies the entire agreement and understanding between the Parties hereto, and there are no other agreements and understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. 11.3. Amendments. No alteration, change, modification, or amendment of the terms of this Agreement shall be valid or effective unless made in writing and signed by both parties hereto and approved by appropriate action of City. 11.4. Waiver. No waiver of performance by either party shall be construed as or operate as a waiver of any subsequent default of any terms, covenants, and conditions of this Agreement. The payment or acceptance of fees for any period after a default shall not be deemed a waiver of any right or acceptance of defective performance. 11.5. Governing Law and Venue. If any action, whether real or asserted, at law or in equity, arises on the basis of any provision of this Agreement,venue for such action shall lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas — Fort Worth Division. This Agreement shall be construed in accordance with the laws of the State of Texas. 11.6. Successors and Assi.ng_s. Neither party hereto shall assign, sublet, or transfer its interest herein without prior written consent of the other party, and any attempted assignment, sublease, or transfer of all or any part hereof without such prior written consent shall be void. This Agreement shall be binding upon Agreement between the City of Fort Worth and Janet Zweig LLC and El Dorado Inc. Page 15 of 30 for Preliminary Design of Public Artwork Execution Copy 9/30/14 and shall inure to the benefit of City and Artists and their respective successors and permitted assigns. 11.7. No Third-Party Beneficiaries. The provisions and conditions of this Agreement are solely for the benefit of City and Artists, and any lawful successor or assign, and are not intended to create any rights, contractual, or otherwise,to any other person or entity. 11.8. Severability. If any provision of this Agreement shall be held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired. 11.9. Force Majeure. It is expressly understood and agreed by the Parties to this Agreement that, if the performance of any obligations hereunder is delayed by reason of war; civil commotion; acts of God; inclement weather; governmental restrictions, regulations, or interferences; fires; strikes; lockouts, national disasters; riots; material or labor restrictions; transportation problems; or any other circumstances which are reasonably beyond the control of the party obligated or permitted under the terms of this Agreement to do or perform the same, regardless of whether any such circumstance is similar to any of those enumerated or not, the party so obligated or permitted shall be excused from doing or performing the same during such period of delay, so that the time period applicable to such design or construction requirement shall be extended for a period of time equal to the period such party was delayed. 11.10. Contract Construction. The Parties acknowledge that each party and, if it so chooses, its counsel, have reviewed and revised this Agreement and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party must not be employed in the interpretation of this Agreement or any amendments or exhibits hereto. 11.11. Fiscal Funding Out. If, for any reason, at any time during any term of this Agreement, the Fort Worth City Council fails to appropriate funds sufficient for the City to fulfill its obligations under this Agreement, the City may terminate this Agreement to be effective on the later of (i) thirty (30) days following delivery by City to Artists of written notice of City's intention to terminate or (ii) the Agreement between the City of Fort Worth and Janet Zweig LLC and El Dorado Inc. Page 16 of 30 for Preliminary Design of Public Artwork Execution Copy 9/30/14 last date for which funding has been appropriated by the Fort Worth City Council for the purposes set forth in this Agreement. 11.12. Captions. Captions and headings used in this Agreement are for reference purposes only and shall not be deemed a part of this Agreement. 11.13. Right to Audit. Artists agree that City will have the right to audit the financial and business records of Artists that relate to the Work (collectively "Records") at any time during the Term of this Agreement and for three (3) years thereafter in order to determine compliance with this Agreement. Throughout the Term of this Agreement and for three (3) years thereafter, the Artists shall make all Records available to the City at 1000 Throckmorton Street, Fort Worth, Texas or at another location in the City acceptable to both parties following reasonable advance notice by the City and shall otherwise cooperate fully with the City during any audit. Artist shall require all of its subcontractors to include in their subcontracts a right to audit in favor of City in substantially the same form as described in this Article 11.13. 11.14. Certified MBE/WBE. If applicable, Artists are encouraged to make their best efforts to become a certified Minority Business Enterprise (MBE) or Woman Business Enterprise (WBE) firm with a certifying agency whose certification is accepted by the City under the City's Business Diversity Enterprise Ordinance. 11.15. Survival Provision. The provisions contained in Articles 4.5 (Incapacity of Artist), 6 (Ownership and Intellectual Property Rights), 7 (Warranties of Title and Copyright), 8 (Artists as an Independent Contractor), 9 (Indemnification), and 11.13 (Right to Audit) shall survive the termination or expiration of this Agreement. 11.16. Counterparts and Electronic Signatures. This Agreement may be executed in several counterparts, each of which will be deemed an original, but all of which together will constitute one and the same instrument. A signature received via facsimile or electronically via email shall be as legally binding for all purposes as an original signature. Agreement between the City of Fort Worth and Janet Zweig LLC and El Dorado Inc. Page 17 of 30 for Preliminary Design of Public Artwork Execution Copy 9/30/14 11.17. Time Extensions. The Parties may agree, in writing, to extend or modify any of the time deadlines set forth in this Agreement. ARTICLE 12 NOTICES All notices, requests, demands, and other communications which are required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been duly given upon the delivery or receipt thereof, as the case may be, if delivered personally or sent by registered or certified mail, return receipt requested,postage prepaid, as follows: 1. CITY OF FORT WORTH: Assistant City Manager City Manager's Office City of Fort Worth 1000 Throckmorton Street, Third Floor Fort Worth, Texas 76102 Copies to: City Attorney Office of the City Attorney City of Fort Worth 1000 Throckmorton Street, Third Floor Fort Worth, Texas 76102 Martha Peters, Vice President of Public Art Arts Council of Fort Worth&Tarrant County 1300 Gendy Street Fort Worth, Texas 76107 2. ARTISTS Janet Zweig,Member Janet Zweig LLC 54 Willow Street#4A Brooklyn,NY 11201 Agreement between the City of Fort Worth and Janet Zweig LLC and El Dorado Inc. Page 18 of 30 for Preliminary Design of Public Artwork Execution Copy 9/30/14 Dan Maginn, Principal El Dorado Inc. 510 Avenida Cesar E. Chavez Kansas City, MO, 64108 IN WITNESS HEREOF, the Parties hereto have executed this Agreement to be effective on the Effective Date. CITY OF FORT WORTH ARTISTS by: � Fernando Costa Janet Zweig Assistant City Manager Member, Janet Zweig LLC V-- Dan Maginn Principal, El Dorado Inc. APPROVED AS TO FORM AND L LIT Jessica a ngsvang Assista�f City Attorney ATTESTED BY; % F S o Mary J. Ka s City Secretary ��°°O°°°° S Contract Authorization:No M&C Required Agreement between the City of Fort Worth and Janet Zweig LLC and El Dorado Inc. Pig IAel for Preliminary Design of Public Artwork t i �( � �1 ��•�'SS MM Execution Copy 9130/14 Exhibit A—Proposal Approach: Designing a way for residents to define their own community Making something dynamic, generative, and interactive, something that changes and grows with the community. Concept: Far North Fort Worth Radio Giving the community a voice Creating a local institution Local programming, outreach, and training: A local programming team with production facilities to record, edit, and upload content An educational outreach component to train high school students and others in radio production and technology Design: ON AIR A radio station building and educational center with three iconic gateways PROPOSAL OVERVIEW We are proposing a local LPFM radio station for "Far North Fort Worth," tentatively called "Radio FNFW" or"Far North Fort Worth Radio." We will build a small radio station building for recording and for transmitting, locating it at the bus barn triangle. The building will appear to float magically on air above wild grass. It will glow at night. There will be translucent curtains within that can be opened or closed. The building is equipped with recording facilities, air conditioning, and lighting. We will also build three gateway markers with the words, "ON AIR" and the call letters "95.7". The oversized"ON AIR" signs will bounce and spin in the wind. These gateway signs operate as poetic emblems for the project as well as informational signage for drivers. We imagine that the content of the radio will be storytelling a curated collection of residents telling their stories. We will source local content for the radio station by employing one or more local radio professionals,who will hold weekly recording sessions on-site and production sessions off-site. We also envision an educational component—the radio producers will teach local teens and others to produce and edit audio in order to ensure the future of the station. The station building The station building is both the studio and the transmitter. Editing and production will be done off-site.A typical LPFM radio antenna can transmit approximately 3 miles. Architecturally, the building is a "folly," a whimsical play on an iconic architectural form. This iconic form has been transformed into a contemporary structure, a transparent home for Agreement between the City of Fort Worth and Janet Zweig LLC and El Dorado Inc. Page 20 of 30 for Preliminary Design of Public Artwork Execution Copy 9/30/14 conversation. When it is occupied, a conversation becomes apparent. When unoccupied, the table and chairs in the center are intentionally poetic icons of conversation. In keeping with the theme of "ON AIR", the building will appear to float, with the aid of a cantilevered concrete slab system. Foundation walls for the building would be inset a few feet, with sufficient steel reinforcing to handle the perimeter load of the building. The ramp leading to it will also seem to float above the grass. The building will be closed and locked until a producer holds recording session hours. We imagine these sessions might be a few times a week in the late afternoon or early evenings. Residents can make reservations and/or be invited to tell their stories during designated hours. The space can be experienced in many ways: it will be surprising while driving past it and seeing a building that doesn't play by the same rules as other buildings, taking you out of your everyday experience. Close up, it draws you into the idea of discourse and one-on-one storytelling. It is our intention to create an extremely inviting interior environment—one so unique and compelling that it will contribute to residents wanting to participate in the program. The gateway markers There will be three gateway markers, one each in the median as you enter the area from north or south and one gateway marker at the bus barn triangle near the station. These signage-based pieces indicate that you are entering the radio frequency zone so you can tune into the station from your car as you drive along the corridor. If there is a traffic jam, there will be more time to listen! The gateway signs will have large spinning and bouncing signage that says "ON AIR" at the top. At the bottom are the call letters and the frequency number. These elements act as poetic, non-commercial promotion of the station and its call letters. This "brand" can turn into something of great pride for the area; taking on a life of its own as the neighborhood self- promotes through other elements related to the station and its call letters. At night, the gateway pieces and the station building will be internally lit. Content development The radio content will be storytelling in all forms. We will visit Fort Worth several times and locate communities that can generate content, e.g., schools, churches, the elderly, new immigrants, spoken word artists, etc. We will advertise widely for content and also directly solicit content, using local contacts and neighborhood groups to find people to tell us their stories. There will be a wide variety of content. All content must be made by residents of the Far North Fort Worth area. The content will be curated by our team along with several local representatives. Each "sound bite"will last from approximately 1 to 3 minutes so that any driver, tuning to the station along the corridor, would hear at least one complete piece. With at least a hundred stories in the first year, drivers would hear different stories each time. Gradually the stories of the residents will define the character of Far North Fort Worth. Content can be updated yearly. We envision that the neighborhood associations would be closely involved in the process of developing content if they choose to be. We will hire a local radio producer to record, edit, and produce the recordings. We have been in contact with local radio producers, discussing the project possibilities. We have sensed enthusiasm from the people we've corresponded with. We've discussed the possibility with various members of the Fort Worth radio community and the idea of giving voice to a local community was embraced as a valuable asset for Far North Fort Worth—another unique feature for a community that prides itself on its individuality. Agreement between the City of Fort Worth and Janet Zweig LLC and El Dorado Inc. Page 21 of 30 for Preliminary Design of Public Artwork Execution Copy 9/30/14 We have budgeted for at least 10 years of programming, and anticipate that the continued minimal cost of yearly programming could be taken over by neighborhood associations in the far future. The education of scores of students in radio production as part of our programming could guarantee that there will be radio producers in to the far future. Our team would hire local collaborators to program the content and update it, but we would stay closely involved over the years, as Janet Zweig has done with all similar projects For example, for the project Small Kindnesses, Weather Permitting,the project curated approximately 200 audio and video pieces from over 100 Minnesotans that play on kiosks at the Light Rail stations. Agreement between the City of Fort Worth and Janet Zweig LLC and El Dorado Inc. Page 22 of 30 for Preliminary Design of Public Artwork Execution Copy 9/30/14 �V < L '0NAR - �S C„EAYNIA R CER lJ r t 4Rii2 RAO. STATION CN AR'GA P 4, Vl v ff � � L o;aNR'GATEWAY r,<aRKER SITE PLAN w.- Agreement between the City of Fort Worth and Janet Zweig LLC and El Dorado Inc. Page 23 of 30 for Preliminary Design of Public Artwork Execution Copy 9/30/14 Proposal Revision 8 November 2013 RE: Revisions to ON AIR concept TO: Selection committee for the Fort Worth Beach Street Corridor public art project We appreciate the opportunity to propose some revisions to ON AIR, our public artwork for the Beach Street Corridor. We remain extremely excited about the potential of this work—both as a living "voice" of the community and as an engaging sculptural expression of the concept along Beach Street. As you'll see,the core concept is the same as it was previously—broadcasting the arc of the lives of Far North Fort Worth residents--but we have utilized an alternate broadcasting platform to do so. This alternate technology is easier to use, and has more potential than LPFM to capture a wide range of content. In addition, it is much less expensive, and does not require any licenses or federal approvals--or an antenna or a station building for that matter. Not having to construct a recording and broadcasting facility has in turn allowed us to dramatically dial up the visual and sculptural aspects of the project. The following narrative points describe the intent of our revised proposal. • Maintain the core ON AIR concept. In our initial meetings,we were struck by the pride the Far North Fort Worth residents had in their neighborhood. Our idea was to develop an innovative platform to empower residents to communicate elements of their lives,through recorded interviews, stories and songs. These elements might include: histories, interviews, origin stories,musical choices and dedications, memories, and conversations. Our initial idea for broadcasting this content was through an LPFM radio station, but our research has proven to us that a"live-streaming" digital broadcasting platform holds even more promise than LPFM. • Eliminate the Radio Station Building. Live-stream digital broadcasting relies on a Streaming Audio Server, not a radio station. This shift in proposed technology allows for a re-distribution of project funds to include a more visual, sculptural presence along the Beach Street Corridor. • Dramatically increase the presence of sculptural works along the Corridor. The core idea of a live-streaming broadcast highlighting the lives of residents has not changed,but the visual potential has increased dramatically. As shown in the attached site plan, we are proposing to eliminate the radio station building and to create a total of eight highly visual sculptural works to promote the community as being ON AIR. The eight sculptures would be located at key areas along the Beach Street Corridor. As was the case with the"ON AIR" signs previously proposed,we believe they would serve a number of functions: the sculptural elements would announce that you are in a very special neighborhood;they would provide visual continuity along the corridor; they would announce that cars,pedestrians, and residents can find the live streaming content on their computers,phones or other devices. We understand that the "ON AIR" signs were not enough of a visual presence along the corridor, but we need a more direct conversation to develop a visual presence that is both pleasing to the residents and is not merely decorative. We feel that we can develop Agreement between the City of Fort Worth and Janet Zweig LLC and El Dorado Inc. Page 24 of 30 for Preliminary Design of Public Artwork Execution Copy 9130/14 something that can fulfill the neighborhood's desire for more visual presence and also retain the consistency and the integrity of the project. We want to have meetings with stakeholders and develop these elements with their input. As previously described, our philosophy is to make work that springs from a real understanding of place and from the actual residents' voices as much as possible. We feel that the sculptural elements can develop over a longer process of more fully understanding what the residents want the work to accomplish, Conceptually, we imagine playing with the idea of the sculptures floating and bouncing; i.e., the "ON AIR" visual pun, but we are open to making new forms that better satisfy the need for more highly visual and sculptural elements. • Capitalize on Recent Technological Advancements. Live-stream digital broadcasting platforms--through Streaming Audio Servers--are already in wide use—all you need is a computer, smart phone or wife-equipped vehicle to tune in. The vast majority of residents have internet connections and some type of smart phone. With regard to those travelling along the Beach Street Corridor, a growing number of vehicles are equipped with internet connectivity. American consumers are demanding this technology in their new vehicles—in fact the majority of 2014 model year GM cars will be equipped to receive digital broadcasting. It is truly the wave of the very near future. Digital broadcasting will revolutionize what we are capable of listening to and watching in our vehicles, and ON AIR will capitalize on this capability. • Expand the Depth of ON AIR Content. We envision working closely with residents, in various venues,to communicate the arc of their lives, through whatever means makes the most sense to them. For some,this might be a story they want to tell. For others, it might be introducing a song or a short story that has helped shape their lives. Some might be most comfortable in an interview setup. Some might want us to record their church choir. We believe that we can develop a rich tapestry of content, which would be collected and broadcast. Together,these stories, interviews, songs and other recordings will summarize the depth of experience present in the Far Fort Worth Community. To help interested parties better understand the range of material that our team would record and curate, we have developed a"test station,"that includes a very brief sampling of content that one might find if they tuned in. Our test station includes a few sample recordings, which we generated this past week. Please note that these are prototypes only, examples of the types of things one might come across on the station. Production values for the actual ON AIR recordings would be of a much higher quality. To access the station on the web,please go to this website: http://cp2.shoutcheap.com:2199/start/eldorado/ Please also note that as you log on, your experience always begins with the station identification(...i.e "you're listening to ONAIR—the community voice of Far North Forth Worth") and then picks up wherever the story or song is at that moment in the queue. In this case there are only a few sample types in the queue, but we envision many. These are the sample recordings: • Riding the Mail Rail. A young Fort Worth resident interviewing her older neighbor upon his retirement from his job on the Railway Mail Service. • Korobushka. A Fort Worth resident reminiscing on a traditional song her Russian grandmother used to sing to her—a song later used as the theme for the video game Tetrus. Agreement between the City of Fort Worth and Janet Zweig LLC and El Dorado Inc. Page 25 of 30 for Preliminary Design of Public Artwork Execution Copy 9/30/14 • Life as an Army Journalist. A Fort Worth man interviewing his friend about his experience reporting for an Army newspaper during the Vietnam War. • Stories that Shape us: James and the Giant Peach. A Fort Worth girl reading from a book that means a lot to her—James and the Giant Peach, by Roald Dahl. • Danny Boy. A Fort Worth man introducing a Johnny Cash rendition of Danny Boy, a song which reminded him of his grandfather. • Rajhesh Vaidhya. We read a request from a Fort Worth resident for a song by Raihesh Vaidhya, which holds special meaning to him. Notes on The Recording Process. We will hire a local radio producer to record, edit, and produce some of the recordings--other recordings we will obtain ourselves, using digital recording technology. It is also possible to use conversations, interviews, stories and songs recorded by residents,which we would edit and process. Our Streaming Audio Server would give us the capability to curate the different pieces, creating a diverse cross section of the community—representing all generations. We have been in contact with local radio producers, discussing the project possibilities, and have sensed enthusiasm from the people we've corresponded with. We've discussed the possibility with various members of the Fort Worth radio community and the idea of giving voice to a local community was embraced as a valuable asset for Far North Fort Worth—another unique feature for a community that prides itself on its individuality. Notes on Our Ongoing Involvement. Our team would be intimately involved with the recording and curating of material, and we would stay closely involved over the years, as Janet Zweig has done with all similar projects. For example, for the project Small Kindnesses, Weather Permitting,the project curated approximately 200 audio and video pieces from over 100 Minnesotans that play on kiosks at the Light Rail stations. j, J 'I �i t I� 3 Agreement between the le 26 of 30 for Preliminary Design c Execution Copy 9/30/14 Exhibit B: Site pG. � sa"��A v q,r s.zav �_ xnaerrs o o � a < 9 p a 0 �YQ tli �^Ss� LunyR t�O: c w C91k C 6y �¢r Nsts Rd 6wQ rs.tk::s Rd Ke c4,:Y P F 3f ca�,.va� Y.w`cr i•tki Rc peg l n Zt�u r,arm a °P,rm ga+t F>r �I s* Pd' ti fiSOt trisc}e&xK�aztl - 4� q :4adx;+Trar�Ee Qca.rzyvd GcVc-nTrir.�z RCw" ard Oaken Tr'�eevi.Hard Arclf to 3 ty �r G � Trsalr nL34r yA YercnJt" �r Ct is CSm of«G; C 4acfX Vtap iY Rr nCr 1 Cr O 51"1f J k JYt ga RnY Wake Rd :i R<y Y Nd y,r_wt al , xnktd Fa�MS m' t,3.i Ea nn ftxkiH o fus o.y lmacx ° m:h=+ - Gatzv.M Lt rt U: nrJROrai Cn G C Lr„ C,r SziJ Rai F<J Ad n C n4'a_cY in. 'ti-n.t Rd A Md V ka Vasa R kS3'cy Rd � V d Ch...nu{C#w! cx Kt %, q s o t ar 3 aga - t.a 1rak P'W Kr rlk Ji 0! A+.` n 5'. v et Y- CrN.al tH"h S<b .rs Vn zv.,r eF oG• � Gsi^ctkn Y C'-JS^x.J Ln x§t�.3,,z CU>f G• xt'. 0 c x5y.+*-k 6.U1 rrtTVd Tra1 s, C.. U* 5�� � Q�•` - ' ' S z 3 CLm..1Gl nR. 3 m Ci:_TnQ �. Ttictp iOr 1� aJ U Rd .4kce R4 rRa'. Sr..s.Rd >ra �P N br Rarm:<'d L4 Agreement between the City of Fort Worth and Janet Zweig LLC and El Dorado Inc. Page 27 of 30 for Preliminary Design of Public Artwork Execution Copy 9/30/14 Exhibit C: Implementation Budget FORT WORTH PUBLIC ART PROJECT BUDGET Please complete this form and attach a signed receipt or estimate complete with per unit costs(no lump sums)for all items designated with an asterisk(*).Cost increases must also have a written estimate attached, ARTIST'S FEE TRAVEL (For artists who live more than 50 miles from Fort Worth) Airfare Car Rental Per Diem Expenses at$ per day Mileage at$_per mile INSURANCE Auto/Hired Vehicle Liability General Liability for Artist/Subcontractors Worker's Comp./Employer's Liability Other,as applicable ADMINISTRATIVE EXPENSES Phone/Fax Delivery/Shipping(for correspondence,samples,models,drawings etc) Reprographic Service Supplies PROFESSIONAL CONSULTANT FEES (If applicable,drawing must be signed and sealed by a professional registered to practice in the State of Texas) Architect* Structural Engineer* Electrical Engineer* Conservator* Photographer(for documentation of completed work)* Other* MATERIALS (Please attach a complete list of materials.Itemize all anticipated aspects and components with per unit cost estimates) Materials*Total FABRICATION COSTS (Include and itemize all portions of subcontracted work and work to be completed by artist.) Artist's Labor(_hours at$_per hour)Total Subcontracted Labor*(Total) Facility/Equipment Rental(used exclusively for this project)related to fabrication SITE PREPARATION (Do not include costs covered by FWPA,City of Fort Worth or others) Test Drilling* Removal* Landsca ping/Irrigation* Electrical Modifications* Water Work/Mechanical Devices Other* (Revised May 2011) Agreement between the City of Fort Worth and Janet Zweig LLC and El Dorado Inc. Page 28 of 30 for Preliminary Design of Public Artwork Execution Copy 9/30114 Electrical Modifications' Water WorklMechanical Devices Other' Cost Increases:Projected Increase in Cost Site Preparation 12 Months In Future TRANSPORTATION Materials to Fabrication Site' Finished Work to Installation Site' Other' Cost Increases?:Projected Increase in Cost Transportation 12 Months In Future BASEIMOUNTING Base Mounting Devices and Components Foundation/Footing Other Cost Increases:Projected Increase in Cost MountinglFooting 12 Months In Future INSTALLATION COSTS (Costs must include allowance for after hours installation,if applicable.Please attach a complete list of equipment and individual estimates with this form) Subcontracted Labor' Scaffolding' Equipment Rental related to installation' Off-duty Police/Security' Traffic Barriers' Storage Facility Rental` City Permits Display Devices Fireproofing' Site Restoration' Other' Cost Increases:Projected Increase in Cost Installation 12 Months In Future LIGHTING Designers' Fixtures' Bulbs' Site Preparation` Installation' Cost Increases:Projected Increase in Cost Lighting 12 Months In Future GRAND TOTAL(including projected cost Increase,if any) Please make any necessarynotes here: Prepared By: Date: Agreement between the City of Fort Worth and Janet Zweig LLC and El Dorado Inc. Page 29 of 30 for Preliminary Design of Public Artwork Execution Copy 9/30/14 Exhibit D: Sales Tax Exemption w�.. (Rev.4•tata) Texas Sales and Use Tax Exemption Certification This certificate does not require a number to be valid, Name of purchaser,firm or agency City of Fort Worth Address(Street d number,P.A.Box or Route number) Phone(Area code andnumber) 1000 Throckmorton street 817-392.8325 City,state,ZIP coda Fort Worth,Texas 76102 I,the purchaser named above,claim an exemption from payment of sales and use taxes(for the purchase of taxable Items described below or on the attached order or invoice)from: Seller: All Vendors Stroot address: City,State,ZIP code: Description of items to be purchased or on the attached order or invoice: All Items Purchaser claims this exemption for the following reason: Governmental Municipality 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 few. I understand thatitis a criminal offense logive an exemption certificate to the seller fortaxable items that f know,ottho time otpurchase, wilt bo used In a monnerotherthan flint expressod in this cortificato,and depondingon the amount oftex evaded,the offense may range from a Class C misdemeanor to a felony of the second degree. Purchaser _____ Tiao Oale segn here Assistant Finance Director 21266/2014 NOTE: This certificate cannot be issued for the purchase,lease,or rental of a motor vehicle. THIS 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 the City of Fort Worth and Janet Zweig LLC and El Dorado Inc. Page 30 of 30 for Preliminary Design of Public Artwork Execution Copy 9/30/14