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2025-12-09 SLAC PacketMEMORANDUM December 09, 2025 TO: Southlake Arts Council FROM: Vicky Schiber, Community Relations Manager SUBJECT: Agenda Item Comments for the Southlake Arts Council meeting on Tuesday, December 09, 2025, at 6:00 PM The meeting will be held on Tuesday, December 09, 2025, at the Champions Club Hall of Fame 2 Room. If you are not able to attend this meeting, please notify staff at 817.748.8186 or vschiber@ci.southlake.tx.us Regular Agenda: 1.Agenda Item No. 1. Call To Order 2.Agenda Item No. 2. Consent A.Approve the minutes from the October 28, 2025, Southlake Arts Council meeting - Please make any corrections to the minutes part of the motion for consideration. 3.Agenda Item No. 3. Public Forum This is the public's opportunity to address the Arts Council about non-agenda items. During these proceedings, the Arts Council will not discuss or act on any item presented. Southlake Arts Council respectfully asks anyone speaking during the Public Forum to limit remarks to three minutes or less. 4.Agenda Item No. 4. Consider A.Recommend approval of a contract with Artist Eric Dowdle, dba Dowdle Studios, in an amount not to exceed $125,000 for art to be installed in the City of Southlake for its 70th Anniversary – The purpose of this item is for the Southlake Arts Council to consider recommending approval of a contract with Dowdle Studios to the City Council for public art to be installed in honor of the City’s 70th Anniversary in 2026. A memo is provided in your packet. Southlake Arts Council Meeting Date – December 09, 2025 B. Recommend approval of an Artist Contract with Brandon Taylor, DBA 23 Design Co, in an amount not to exceed $200,000 for art to be installed at the Municipal Service Center - The purpose of this item is for the Southlake Arts Council to recommend the Artist Contract with Brandon Taylor to the City Council for art to be installed at the Municipal Service Center. A memo is included in your packet. 5.Agenda Item No. 5. Discussion A.Public Art Program Updates- The purpose of this item is for the Southlake Arts Council to discuss any Public Art Program Updates. No packet documents. D.APEX Updates- The purpose of this item is for the Southlake Arts Council to discuss any APEX updates. No packet documents. 6.Agenda Item No. 6. Adjournment We appreciate your commitment and service to the City. Liaison Contact Information: Vicky Schiber Community Relations Manager STAFF CONTACT INFORMATION: Telephone- (817) 748-8963 Facsimile- (817) 748-8027 285 Shady Oaks Drive, Southlake, Texas 76092 Vicky Schiber, Community Relations Manager, vschiber@ci.southlake.tx.us Taygan McBurney, Administrative Assistant, tmcburney@ci.southlake.tx.us City of Southlake Values: Integrity Ƈ Innovation Ƈ Accountability Ƈ Commitment to Excellence Ƈ Teamwork SOUTHLAKE ARTS COUNCIL Tuesday, December 09, 2025 LOCATION: The Marq Southlake Champions Club- Hall of Fame 2 285 Shady Oaks Blvd. Southlake, Texas 76092 TIME: 6:00 P.M. Regular Agenda: 1. Call to Order 2. Consent A. Approve the minutes from the October 28, 2025, Southlake Arts Council meeting 3. Public Forum 7KLVLVWKH 3XEOLF¶VRSSRUWXQLW\WR DGGUHVV6RXWKODNH $UWV&RXQFLODERXWQRQ -agenda items. During this proceeding, Southlake Arts Council will not discuss, consider, or act on any items presented. Southlake Arts Council respectfully asks anyone speaking during Public Forum to limit remarks to three minutes or less.) 4. Consider A. Recommend approval of a contract with Artist Eric Dowdle, dba Dowdle Studios, in an amount not to exceed $125,000 for art to be installed in the City of Southlake for its 70th Anniversary B. Recommend approval of an Artist Contract with Brandon Taylor, DBA 23 Design Co, in an amount not to exceed $200,000 for art to be installed at the Municipal Service Center. 5. Discussion A. Public Art Program Update B. APEX Updates 6. Adjournment A quorum of the City Council, Board, Commission, or Committee may or may not be present at this meeting. CERTIFICATE Southlake Arts Council Meeting Date ± December 09, 2025 Page 2 of 2 City of Southlake Values: Integrity Ƈ Innovation Ƈ Accountability Ƈ Commitment to Excellence Ƈ Teamwork I hereby certify that the above agenda was posted on the official bulletin boards at Town Hall, 1400 Main Street, Southlake, Texas, on Tuesday, December 02, 2025, by 6:00 P.M. pursuant to Chapter 551 of the Texas Government Code. Amy Shelley, TRMC City Secretary If you plan to attend this public meeting and have a disability that requires special needs, please advise the City Secretary 48 hours in advance at 817.748.8016 . Reasonable accommodations will be made to assist you. City of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork SOUTHLAKE ARTS COUNCIL MEETING MINUTES: OCTOBER 28, 2025 LOCATION: The Marq Southlake Champions Club – Hall of Fame Room 2 285 Shady Oaks Blvd. Southlake, Texas 76092 TIME: 6:00 P.M. SOUTHLAKE ARTS COUNCIL PRESENT: Chair Tamara McMillan, Vice-Chair Leslie Walker, Secretary Julie Doyle, and Southlake Arts Council Members Tim Sabo, Alison Viktorin, Terri Messing, and Alternate 1 Rama Douglas SOUTHLAKE ARTS COUNCIL ABSENT: N/A STAFF PRESENT: Community Services Business Manager Milenka Lopez, Assistant City Manager Stacey Black, Director of Community Services David Miller, Community Relations Manager Vicky Schiber, Interim Director of Public Works Lauren LaNeave, and Public Works Project Manager Mamerto Estepa. CITY COUNCIL MEMBER PRESENT: Deputy Mayor Pro Tem Kathy Talley REGULAR SESSION 1.CALL TO ORDER Southlake Arts Council Chair Tamara McMillan called the meeting to order at 6:00 P.M. 2.CONSENT AGENDA 2A. APPROVAL OF THE MINUTES FROM THE SEPTEMBER 23, 2025, SOUTHLAKE ARTS COUNCIL MEETING Chair Tamara McMillan presented item 2A, approval of the minutes from the September 23, 2025, Southlake Arts Council meeting. APPROVED A motion was made to approve the minutes from the September 23, 2025, Southlake Arts Council meeting as presented. Motion: Walker Item 2A Minutes of the October 28, 2025 Southlake Arts Council Meeting Page 2 of 4 City of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork Second: Viktorin Ayes: Sabo, Walker, Doyle, Messing, Viktorin, McMillan, Douglas Nays: None Abstain: None Vote: 7-0 Motion passed. 3.PUBLIC FORUM Chair McMillan opened the Public Forum at 6:01 P.M. There being no one to speak, the Public Forum was closed at 6:01 P.M. 4.CONSIDER 4A. ELECTION OF THE SOUTHLAKE ARTS COUNCIL VICE-CHAIR AND SECRETARY Business Manager Milenka Lopez presented Item 4A and was available to answer questions. APPROVED A motion was made to keep the positions from last year. The Southlake Arts Council elected Leslie Walker as Vice-Chair and Julie Doyle as Secretary. Motion: McMillan Second: Douglas Ayes: Sabo, Walker, Doyle, Messing, Viktorin, McMillan, Douglas Nays: None Abstain: None Vote: 7-0 Motion passed. 4B. RECOMMEND APPROVAL OF A CONTRACT WITH ARTIST ERIC DOWDLE, DBA DOWDLE STUDIOS, IN AN AMOUNT NOT TO EXCEED $120,000 FOR ART TO BE INSTALLED IN THE CITY OF SOUTHLAKE FOR ITS 70TH ANNIVERSARY TABLED A motion was made to table item 4B until the next Arts Council Meeting. Motion: Walker Minutes of the October 28, 2025 Southlake Arts Council Meeting Page 3 of 4 City of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork Second: Messing Ayes: Sabo, Walker, Doyle, Messing, Viktorin, McMillan, Douglas Nays: None Abstain: None Vote: 7-0 Motion passed. 4C. APPROVE THE PUBLIC ART DISPLAY PERMIT FOR THE CISD STUDENT ARTWORK EXHIBIT Business Manager Milenka Lopez presented Item 4C and was available to answer questions. APPROVED A motion was made to approve the Public Art Display Permit for the CISD Student Artwork Exhibit Motion: Messing Second: Doyle Ayes: Sabo, Walker, Doyle, Messing, Viktorin, McMillan, Douglas Nays: None Abstain: None Vote: 7-0 Motion passed. 4D. RESCHEDULE THE NOVEMBER MEETING TO TUESDAY NOVEMBER 18, 2025 Business Manager Milenka Lopez presented Item 4D and was available to answer questions. APPROVED A motion was made to move the November meeting to December 09, 2025 Motion: Walker Second: Doyle Ayes: Sabo, Walker, Doyle, Messing, Viktorin, McMillan, Douglas Nays: None Abstain: None Vote: 7-0 Motion passed. 5.DISCUSSION 5A. REVIEW OF MSC CALL TO ARTISTS FINALIST SUBMISSIONS Minutes of the October 28, 2025 Southlake Arts Council Meeting Page 4 of 4 City of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork Business Manager of Community Services, Milenka Lopez, presented the finalists’ submissions with revisions, and the Southlake Arts Council discussed recommending Brandon Taylor’s submission. Direction to Staff: Reach out to Brandon Taylor with the Standard Arts Contract for the next meeting. 5B. HOME FOR THE HOLIDAYS DISCUSSION Business Manager of Community Services, Milenka Lopez, presented Item 5B, and the Arts Council discussed possible booth activities. The Arts Council made the decision to do the same activity as last year. Direction to Staff: NA 5D. PUBLIC ART PROGRAM UPDATE Community Services Business Manager Milenka Lopez provided an update on the Public Art Program and was available to answer questions. Direction to Staff: NA 5E. APEX UPDATES Southlake Arts Council member, Terri Messing, gave an update on upcoming APEX events and was available to answer questions. Direction to Staff: NA 6.ADJOURNMENT Southlake Arts Council Chair McMillan adjourned the meeting at 6:36 P.M. Attest: Tamara McMillan, Chair Community Services Department Southlake Arts Council 2025 Attendance Report Southlake Arts Council Attendance Report 1 Tim Sabo Tim Sabo 1 Tim Sabo 88%7.34 2025 83% 2 Leslie Walker Leslie Walker 2 Leslie Walker 66%6.29 3 Julie Doyle Julie Doyle 3 Julie Doyle 66%5.57 4 Terri Messing Terri Messing 4 Terri Messing 88%7.17 5 Alison Viktorin Alison Viktorin 5 Alison Viktorin 77%6.22 6 Susan Steinbrecher Vacant 6 Vacant  7 Tamara McMillan  Tamara McMillan 7 Tamara McMillan 100%8.1 Alt 1 Milan Georgia Vacant Alt 1 Rama Douglas 100%1.5 88%88%100%88%75%62%50%63%100%In attendance Total Hrs Per Month 1.3 0.76 0.83 0.6 0.63 0.58 0.93 0.97 1.5 Not in attendance, no substitute Substitute in attendance Vacant position Meeting Canceled Meeting Canceled due to no quorum Change in Representative 9/23/25 10/28/25PlaceName1/28/25 2/25/25 3/25/25 4/22/25 Place Meeting Attendance Rate (includes substitutions) 5/27/25 6/24/25 7/29/25 8/26/25 12/9/25 Individual Attendance Rate Hrs To Date Average Monthly Attendance Rate City of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork M E M O R A N D U M December 02, 2025 To: Southlake Arts Council From: Vicky Schiber, Community Relations Manager Subject: Recommend Approval of a Contract with Artist Eric Dowdle, dba Dowdle Studios, in an Amount not to exceed $125,000 for Art to be installed in the City of Southlake for its 70th Anniversary Action Requested: Recommend Approval of a Contract with Artist Eric Dowdle, dba Dowdle Studios, in an Amount not to exceed $125,000 for Art to be installed in the City of Southlake for its 70th Anniversary Background Information: The Public Art Master Plan recommends commissioning and installing public art pieces for beautification and celebrating Southlake's history through the arts throughout the City. Page 41 of the Public Art Master Plan suggests installing additional Capital Art Projects as they are funded. Dowdle Studios reached out to the City of Southlake in early May of 2023 about potentially creating an original art piece featuring Southlake that would also be sold as individual puzzles, with the option of also purchasing a Legacy Wall Puzzle. Art Council Chair Tamara McMillan and City Council Deputy Mayor Pro Tem Kathy Talley met with Dowdle Studios virtually in July. The opportunity was then discussed with the Arts Council in August, with a positive reception. Staff presented the potential project to the City Council during their 2024 Winter Workshop, and the City Council directed staff to move forward with an original art piece and the Legacy Wall Puzzle to commemorate the City’s 70th Anniversary in 2026. Money for this project was set aside in the FY 25 and FY 26 Public Art Capital Budget. The timeline for this project would be approximately nine months, leading up to the unveiling celebration of the original art piece and Legacy Wall Puzzle during the 2026 Celebrate Southlake Item 4A Southlake Arts Council Meeting Date – December 09, 2025 Page 2 of 2 City of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork celebration. The process includes an in-person visit from artist Eric Dowdle to meet key stakeholders and tour the city for inspiration. Dowdle Studios would assist the city with the marketing and planning of the Unveiling Ceremony. Staff recommend Bicentennial Park as the preferred location with the North East side of Town Hall in Town Square serving as an additional location for consideration. Financial Considerations: Funding not to exceed $125,000 for the design and installation of artwork is provided in the Capital Improvement Fund. Strategic Link: Recommendation on the contract for public art is linked to the City’s Strategy Map related to Quality Development and Performance Management and Service Delivery. Citizen Input/ Board Review: Southlake Arts Council recommendation for approval of the contract, December 09, 2025. City Council consideration January 06, 2026. Legal Review: Not Applicable Alternatives: Approve contract as is Approve contract with recommended edits Deny the contract and explore other options Supporting Documents: •Dowdle Studios Standard Arts Agreement Recommendation: Recommend Approval of a Contract with Artist Eric Dowdle, dba Dowdle Studios, in an Amount not to exceed $125,000 for Art to be installed in the City of Southlake for its 70th Anniversary Dowdle Studios Artist Contract Page 1 of 24 AGREEMENT BETWEEN THE CITY OF SOUTHLAKE, TEXAS AND ERIC DOWDLE AND/OR DOWDLE STUDIOS FOR THE CREATION OF A SCULPTURE FOR THE CITY OF SOUTHLAKE This Art Commission Agreement (the “Agreement”) is made and entered into as of the 18th day of November, 2025 BY AND BETWEEN the City: The City of Southlake, Texas 1400 Main Street, Ste 440 Southlake, Texas 76092 Telephone 817-748-8384 Facsimile 817-748-8250 and the Artist: Eric Dowdle, Dowdle Studios and/or Dowdle Puzzles 1280 West 200 South Lindon, UT 84042 for the following Artwork: Creation of an original work of art and the derivative products) and services” for an amount not to exceed $125,000). The City and the Artist agree as set forth below. THIS AGREEMENT is made and entered by and between the City of Southlake, Texas, a home-rule municipal corporation located in Tarrant and Denton County Texas, hereinafter referred to as “City”, and Eric Dowdle, hereinafter collectively referred to as “Artist”, to be effective from and after the date as provided herein. The City and Artist may be individually referred to as a “Party” or collectively as the “Parties” herein. WHEREAS, the City desires to engage the services of the Artist to create an original work of art (24x30 in. acrylic painting) and the derivative products and services (1,000 boxed puzzles, 1 wall puzzle, and unveiling event), for the City to presented at the 2026 Celebrate Southlake/ 70th Birthday Celebration for an amount not to exceed $125,000 (the “Project”). WHEREAS, the Artist desires to render such services for the City upon the terms and conditions provided herein. NOW, THEREFORE, KNOW ALL PERSONS BY THESE PRESENTS: That for and in consideration of the covenants contained herein, and for the mutual benefits to be obtained, the Parties agree as follows: ARTICLE 1 Dowdle Studios Standard Arts Agreement Dowdle Studios Artist Contract Page 2 of 24 ARTIST’S SERVICES 1.1 Engagement of the Artist - The City hereby agrees to retain the Artist to perform the services set forth herein in connection with the Project. Artist agrees to perform such services in accordance with the terms and conditions of this Agreement. 1.2 Design and Installation The Parties agree that Artist shall perform the services set forth and described in Exhibit “A”, which is attached hereto and incorporated herein by reference. The Artist shall furnish all materials, labor, tools, equipment, apparatus, facilities, and anything else necessary to complete the Artwork in a workmanlike manner. The Parties understand and agree that deviations or modifications to the scope of services described in Exhibit “A”, in the form of written change orders, may be authorized from time to time in writing by the City. The Artwork shall be delivered and installed by the Artist. Installation will be scheduled according to the timeline set forth in Exhibit “B,” attached hereto and incorporated by reference. Any changes to the installation date must occur with at least a forty-five (45) day notice and be agreed upon in writing by both the City and the Artist. The City will be responsible for the installation at its location, including the crane and related equipment; labor, barricades, and traffic control. The artist will act as a consultant for said installation, but shall not receive an additional fee for the Artist's time or travel. The artwork shall be permanently affixed to the Site in the manner to be determined by a structural engineer as described in Exhibit “A”. Design and installation of the Artwork shall comply with applicable building codes and seismic safety regulations. Artist shall provide the City with all applicable certificates of Authenticity for the original painting and any other canvas prints. 1.3 Size of Artwork - The completed Artwork shall be true to the estimated measurements and constructed out of the materials described in Exhibit "A". 1.4 Permits, Licenses, and Taxes - The Contractor for the project shall obtain and maintain during the term of this Agreement, all permits (including a City building permit), licenses, and certificates, and pay all taxes that may be required in connection with the performance of services under this Agreement. Notwithstanding any other provision of this Agreement, Artist shall not be charged a fee for issuance of a City building permit or any City license. 1.5 Schedule of Work - The Artist agrees to commence work immediately upon execution of this Agreement and receipt of the first payment, and to proceed diligently with said work to completion as described in the Completion Schedule/Artwork Billing and Budget attached as Exhibit “B” and incorporated herein by reference. 1.6 Artwork Installation Site – The Artwork shall be permanently affixed to the installation site, located in the Southlake Bicentennial Park, unless the City Dowdle Studios Artist Contract Page 3 of 24 exercises its option to relocate as set forth in Section 8.2. The Artist shall design the artwork so that the art installation will be structurally safe and sound and comply with current municipal building codes and seismic standards in accordance with the Uniform Building Code. 1.7 Artist Participation in Unveiling – Artist shall participate in the Project’s unveiling event. The Parties shall coordinate planning of the unveiling event, with the City responsible for all logistical coordination and planning. 1.8 Creative License – Artist will research the City’s landmarks, topography, scenery, notable individuals, buildings, history, traditions, events, and overall aesthetic. Artist will make a good faith effort to incorporate items from the City’s recommendations at the Artist’s sole discretion, according to Artist’s overall artistic vision. The final design, concept, layout, features, and overall creative vision shall be at Artist’s sole discretion. ARTICLE 2 THE CITY'S RESPONSIBILITIES 2.1 Artwork Data - The City shall furnish required information that it currently has in its possession, as expeditiously as necessary for the orderly progress of the work, and the Artist shall be entitled to rely upon the accuracy and completeness of such information. This shall include any suggested features or individuals for the Artist’s consideration and potential incorporation into the Project. The City shall submit the “Suggested Features” document provided by Artist within fifteen (15) days of the Effective Date of this Agreement. The City hereby grants the Artist the right to use and incorporate the City name, logo, and any other material trademarked by the City for use in the Project. 2.2 City Project Manager - The City shall designate, when necessary, a representative authorized to act on the City's behalf with respect to the Artwork (the “Project Manager”). The City, by and through this authorized representative, shall examine the documents submitted by the Artist and render any required decisions pertaining thereto as soon as practical so as to avoid unreasonable delay in the progress of the Artist's services. 2.3 Reimbursement for Travel – The Artist shall pay for all travel as it applies to this agreement. ARTICLE 3 ARTIST’S COMPENSATION 3.1 Compensation for Artist's Services - As described in “Article 1, Artist's Services”, compensation for this Artwork shall be one hundred twenty-five thousand dollars and no cents ($125,000) (“Artist’s Fee”) and will cover all services to be rendered and materials to be provided in accordance with this Agreement. Dowdle Studios Artist Contract Page 4 of 24 The Artist’s Fee shall be paid in accordance with Article 3 and the Completion Schedule/Artwork Billing and Budget as set forth in Exhibit “B“. The final ten percent (10%) of the Artist’s Fee, or twelve thousand five hundred dollars and no cents ($12,500), shall not be paid until the Artist has completed all of the Artwork services and tasks described in Exhibits “A” and “B”. The Artist will also be required to fill out the proper paperwork to become an approved vendor of the City before payments commence. The cost of shipping of the Artwork, puzzles and Wall Puzzle shall be included. 3.2 Artwork Suspension - If the Artwork is suspended or abandoned by the City in whole or in part for more than three (3) months, Artist shall be entitled to compensation for any and all work completed to the satisfaction of City in accordance with the provisions of this Agreement prior to suspension or abandonment. In the event of such suspension or abandonment by the City, Artist shall deliver to City all finished or unfinished documents, data, studies, surveys, drawings, maps, models, reports, photographs and/or any other items prepared by Artist in connection with this Agreement prior to Artist receiving final payment. If the Artwork is resumed after being suspended for more than three (3) months, the Artist's compensation shall be equitably adjusted as approved by the City. Any additional amounts paid to the Artist after the Artwork is resumed shall be agreed upon in writing by both parties before the services are performed. ARTICLE 4 OWNERSHIP AND COPYRIGHT 4.1 Ownership of Work - The Original Art is the property of the City; The Artist retains all Copyrights in and to the Artwork under the Copyright Act of 1976, 17 U.S.C., Section 101, et seq. and all other recognized copyrights applicable to visual artists. The Artist reserves all copyrights in artwork . Artist grants the City the right to display original artwork and Wall Puzzle. The ownership of the Wall Puzzle is transferred to the City upon full payment of the Artwork described in Exhibits “A” and “B”. 4.2 Ownership of Copyright - Artist shall retain the copyrights to the Artwork. Artist shall take all steps, at his own expense, to protect the copyright of the Artwork. 4.3 License to City - The Artist grants the City , its employees, representatives, officers, and agents, license to sell, display, advertise and market and use artwork for promotional, marketing, public relations, informational, educational and other non-commercial uses. For any commercial uses or adaptions of the artwork, City must request permission, in writing, from the Artist for specific commercial use and/or reproduction. For the purposes of this Agreement, the following, among others, are deemed promotional, marketing and other non-commercial purposes: reproduction/display in exhibition catalogues, websites, books, slides, photographs, postcards, posters, and calendars; in magazines, books, art and Dowdle Studios Artist Contract Page 5 of 24 news sections of newspapers; in general books and magazines not primarily devoted to art but of an educational, historical or critical nature; slides, videos and film strips not intended for a mass audience, and television from stations operated for educational purposes or on programs for educational and news purposes from all stations. All aforementioned work product created by the Artist will include the words: ARTWORK BY Eric Dowdle, Dowdle Studios. 4.4 Copyright Notice – The City undertakes to use its reasonable efforts to include in any reproductions which it makes of the Artwork a copyright notice in the following form: Copyright Artist Name or © Artist Name 4.5 Representations and Warranties Regarding Copyright – The Artist represents and warrants that the Artwork is an original creation of the Artist’s and will not infringe the copyright, trademark, or other intangible rights of any third party. 4.6 Warranty of Title – The Artist represents and warrants that the Artwork is free and clear of all liens from any source whatsoever. ARTICLE 5 FABRICATION 5.1 Specifications – Artist will create the Artwork, or cause it to be fabricated, in substantial conformity with the specifications set forth in Exhibit “A”. 5.2 Changes – Any significant changes to the Artwork by either Artist or as requested by City will be approved in writing by the other party. For purposes of this Agreement, a “significant change” will mean any change, including but not limited to, a change in the scope, design, size, or material of the Artwork, which affects cost, installation, site preparation, maintenance, and concept as described in Exhibit “A”. If the Artist wishes to make a significant change to the Artwork, he must request written approval of the change in writing at the address provided in Article 14. The City will provide a written response within thirty (10) calendar days of receipt of the request. 5.3 Review of the Artwork – The Artist will submit a digital image of the conceptual pencil sketchdrawing, to the City via email. City shall review sketch, provide any corrections and/or feedback to Artist an approve the conceptual sketch, pursuant to Section 3.1 above. City may visit the artist’s studio at any time to see the creative process and progress of the project. Dowdle Studios Artist Contract Page 6 of 24 5.4 Notification of Fabrication Completion – Artist will notify the City in writing in the manner provided in Article 14 below when the Artwork is completed and ready for delivery. Artist will provide the City a digital copy of the final artwork, upon completion. 5.5 Preparation of Site – Regarding installation of the Artwork, cooperation from the City’s designated staff and contractor is required. Artist will provide the City with the final specifications of the Wall Puzzle; including materials, weight, height, width and overall dimensions, as well as instructions for installation. 5.6 Warranty of Craftsmanship – The Artist warrants that the Artwork will be free of defects in workmanship and materials. In the event that any defects become apparent in the workmanship or materials within two (2) years of the completion of the Artwork by the Artist and acceptance of the Artwork by the City, Artist will remedy any defects at Artist’s sole cost and expense during this period. ARTICLE 6 STORAGE 6.1 Storage - Storage of the Artwork is the responsibility of the Artist, until delivery of original art, puzzles and Wall Puzzle prior to the Unvieling Event. Once delivered, responsibility for storage is transferred to the City. ARTICLE 7 FINAL APPROVAL OF ARTWORK 7.1 Final Acceptance - City will inspect the Artwork prior to taking delivery to determine whether it conforms with all of the requirements of this Agreement. The Artist shall furnish the City with a full written narrative description of the Artwork. If the City finds that any aspect of the Artwork is not in conformance with this Agreement, the City will notify Artist in writing and Artist will have a reasonable time and opportunity to address and cure any defects, requests or concerns of the City. Final acceptance shall be determined by the City in its sole and absolute discretion. The City shall notify the Artist in writing of its final acceptance of the Artwork. In no event shall the final acceptance occur more than thirty (30) days from the date of installation. 7.2 Title and Final Acceptance - Title of ownership for the original Art, and prints and/or limited edition prints, puzzles and Wall Puzzle shall pass to the City upon final acceptance and delivery from Artist. Dowdle Studios Artist Contract Page 7 of 24 ARTICLE 8 INTEGRITY OF THE WORK 8.1 Routine Maintenance – The Artist shall provide to the City written instructions for appropriate routine maintenance and preservation of the Artwork, including moving and installation of the Artwork. 8.2 Repairs - The City undertakes to exercise reasonable care to protect, repair, and maintain the work. Artist agrees to cooperate with and advise the City without charging the City in connection with any such non-routine maintenance, including, without limitation, damage by acts of God, vandalism, conservation and/or replacement of any portion of the Artwork to the extent that the Artist is able to do so. During Artist’s lifetime, the City will not undertake any non-routine maintenance on the Artwork without attempting to consult with the Artist or the Artist’s authorized representative unless required by an emergency. 8.3 Relocation of the Work – To the extent that the Artwork is capable of being relocated, the City shall have the right to do so. 8.4 Credit – The City agrees, at its own expense, to prepare and install at or near the Artwork a public notice, the form and exact location of which shall be solely determined by City, giving Artist credit for the creation of the Artwork. ARTICLE 9 RISK OF LOSS/INSURANCE COVERAGE 9.1 Risk of Loss – The risk of loss or damage to the Artwork shall be borne by the Artist until final acceptance, and the Artist shall take such measures as are reasonable to protect the Artwork and the materials relating hereto from loss or damage until final acceptance. 9.2 Insurance – The Artist, consistent with the Artist’s status as an independent contractor, shall carry, and shall require any of its subcontractors to carry, at least the following insurance in such form, with such companies, and in such amounts (unless otherwise specified) as City may require: i. Worker’s Compensation and Employer’s Liability insurance, including All States Endorsement, to the extent required by federal law and complying with the laws of the State of Texas; ii. Commercial General Liability insurance, including Blanket Contractual Liability, Broad Form Property Damage, Personal Injury, Completed Operations/Products Liability, Premises Liability, Medical Payments, Interest of Employees as additional insured’s, and Broad Dowdle Studios Artist Contract Page 8 of 24 Form General Liability Endorsements, for at least One Million Dollars ($1,000,000) Combined Single Limit Bodily Injury and Property Damage on an occurrence basis; iii. Comprehensive Automobile Liability insurance covering all owned, non-owned or hired automobiles to be used by the Contractor, with coverage for at least One Million Dollars ($1,000,000) Combined Single Limit Bodily Injury and Property Damage. 9.3 Insurance Requirements - The Artist shall: i. Name the City, its officers, agents, representatives, and employees as additional insured’s as to all applicable coverage with the exception of workers’ compensation insurance; ii. Provide for at least thirty (30) days prior written notice to the City for cancellation, non-renewal, or material change of the insurance; and iii. Provide for a waiver of subrogation against the City for injuries, including death, property damage, or any other loss to the extent the same is covered by the proceeds of insurance. 9.4 Insurance Company Qualification – All insurance companies providing the required insurance shall be authorized to transact business in Texas and rated at least “A” by AM Best or other equivalent rating service. 9.5 Certificate of Insurance – A certificate of insurance evidencing the required insurance shall be submitted no later than the date of the execution of this Agreement. If this Agreement is renewed or extended by the City, a certificate of insurance shall also be provided to the City prior to the date the Agreement is renewed or extended. ARTICLE 10 AUDITS AND RECORDS/PROHIBITED INTEREST/VENDOR DISCLOSURE The Artist agrees that at any time during normal business hours and as often as City may deem necessary, Artist shall make available to representatives of the City for examination all of the Artist’s records with respect to all matters covered by this Agreement, and will permit such representatives of the City to audit, examine, copy and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement, all for a period of two (2) years from the date of final settlement of this Agreement or for such other or longer period, if any, as may be required by applicable statute or other lawful requirement. Dowdle Studios Artist Contract Page 9 of 24 The Artist agrees that the Artist is aware of the prohibited interest requirement of the City Charter, which is repeated on the Affidavit attached hereto as Exhibit “D” and incorporated herein by reference for all purposes, and will abide by the same. Further, a lawful representative of Artist shall execute the Affidavit. Artist understands and agrees that the existence of a prohibited interest during the term of this Agreement will render the Agreement voidable. The Artist agrees that the Artist is further aware of the vendor disclosure requirements set forth in Chapter 176, Local Government Code, as amended, and will abide by the same. In this connection, a lawful representative of the Artist shall execute the Conflict of Interest Questionnaire, Form CIQ, attached hereto as Exhibit “E” and incorporated herein for all purposes. ARTICLE 11 TERMINATION OF AGREEMENT/REMEDIES 11.1 Artist Default – Failure or refusal of the Artist to perform any act herein required, unless mutually agreed to in writing by the City and the Artist, shall constitute a default. Artist shall be given a reasonable time within which to cure said default after receiving said notice in writing. In the event of a default, in addition to any other remedy available to the City, this Agreement may be terminated by the City upon ten (10) days written notice. Such notice does not waive any other legal remedies available to the City. 11.2 Conditions for Termination of Agreement Other than Artist’s Default – If the City deems, in its sole discretion, the Artwork design is inappropriate or unworkable for the site, or if the deadlines specified herein are not met due, in whole or in part, to the Artist’s actions and/or omissions, or if cost estimates indicate that the Artwork cannot be completed within the budget, the City retains the right to terminate this Agreement and is released from the obligation to enter into fabrication and installation of the Artist’s design concept for the Artwork. In the event of any termination, Artist shall deliver to City all work, entirely or partially completed that Artist has been compensated for. The Artist shall receive full payment for services satisfactorily performed (as outlined in Exhibit "B"), and as solely determined by the City. The City shall make this final payment within thirty (30) days of notifying the Artist. 11.3 Remedies Cumulative - The rights and remedies provided by this Agreement are cumulative, and the use of any one right or remedy by either party shall not preclude or waive its rights to use any or all other remedies. These rights and remedies are given in addition to any other rights the parties may have by law, statute, ordinance or otherwise. ARTICLE 12 Dowdle Studios Artist Contract Page 10 of 24 DISPUTE RESOLUTION/MEDIATION In addition to all remedies at law, the parties may resolve/mediate any controversy, claim or dispute arising out of or relating to the interpretation or performance of this Agreement, or breach thereof, by voluntary mediation to be conducted by a mutually acceptable mediator. The cost of the mediation shall be divided equally between the Artist and the City. ARTICLE 13 INDEMNITY Indemnification - Artist agrees to defend, indemnify and hold harmless the City, all of its officers, Council members, agents and employees from and against all claims, actions, suits, demands, proceedings, costs, damages and liabilities, including reasonable attorneys’ fees, court costs and related expenses, arising out of, connected with, or resulting from any acts or omissions of Artist or any agent, employee, subcontractor, or supplier of Artist in the execution or performance of this contract without regard to whether such persons are under the direction of City agents or employees. The Artist agrees to protect and indemnify the City, all of its officers, Council members, agents and employees, from all claims, actions, suits, demands, proceedings, costs, damages and liabilities, including reasonable attorneys’ fees, court costs and related expenses, arising out of any alleged infringement of patents or copyrights arising from the Artist’s performance under the Artist’s Bid or this Agreement, including attorneys’ fees and court costs. The provisions of this Article shall survive the termination or expiration of this Agreement. ARTICLE 14 NOTICES Artist agrees that all notices or communications to City permitted or required under this Agreement shall be delivered to City at the following addresses: Project Manager: Vicky Schiber City of Southlake 285 Shady Oaks Dr. Southlake, Texas 76092 City agrees that all notices or communications to Artist permitted or required under this Agreement shall be delivered to Artist at the following address: Eric Dowdle Dowdle Puzzles LLC 1280 West 200 South Dowdle Studios Artist Contract Page 11 of 24 Lindon, UT 84042 385-336-5708 Attn: Heidi Thorn heidi@dowdlestudios.com Any notice provided for under the terms of this Agreement by either party to the other shall be in writing and may be effected by registered or certified mail, return receipt requested. All notices or communication required to be given in writing by one party or the other shall be considered as having been given to the addressee on the date such notice or communication is postmarked by the sending party. Each party may change the address to which notice may be sent to that party by giving written notice of such change to the other party in accordance with the provisions of this Agreement. ARTICLE 15 MISCELLANEOUS 15.1 Complete Agreement - This Agreement, including the exhibits hereto labeled “A” through “E”, all of which are incorporated herein for all purposes, constitute the entire agreement by and between the parties regarding the subject matter hereof and supersedes all prior and/or contemporaneous written and/or oral understandings. This Agreement may not be amended, supplemented, and/or modified except by written agreement duly executed by both parties. To the extent that any provision of this Agreement should conflict with the provisions of an exhibit, the provisions of this Agreement shall prevail. 15.2 Assignment and Subletting - The Artist agrees that neither this Agreement nor the work to be performed hereunder will be assigned or sublet without the prior written consent of the City. The Artist further agrees that the assignment or subletting of any portion or feature of the work or materials required in the performance of this Agreement shall not relieve the Artist of its full obligations to the City as provided by this Agreement. All such approved work performed by assignment or subletting shall be billed through Artist, and there shall be no third party billing. 15.3 Successors and Assigns - City and Artist, and their partners, assigns, successors, subcontractors, executors, officers, agents, employees, representatives, and administrators are hereby bound to the terms and conditions of this Agreement. 15.4 Severability - In the event a term, condition, or provision of this Agreement is determined to be invalid, illegal, void, unenforceable, or unlawful by a court of competent jurisdiction, then that term, condition, or provision, shall be deleted and the remainder of the Agreement shall remain in full force and effect as if such Dowdle Studios Artist Contract Page 12 of 24 invalid, illegal, void, unenforceable or unlawful provision had never been contained herein. 15.5 Venue - This entire Agreement is performable in Tarrant County, Texas and the venue for any action related directly or indirectly, to this Agreement or in any manner connected therewith shall be Tarrant County, Texas, and this Agreement shall be construed under the laws of the State of Texas. 15.6 Execution/Consideration - This Agreement is executed by the parties hereto without coercion or duress for a substantial consideration, the receipt and sufficiency of which is forever confessed. 15.7 Authority - The individuals executing this Agreement on behalf of the respective parties below represent to each other that all appropriate and necessary action has been taken to authorize the individual who is executing this Agreement to do so for and on behalf of the party for which his or her signature appears, that there are no other parties or entities required to execute this Agreement in order for the same to be an authorized and binding agreement on the party for whom the individual is signing this Agreement and that each individual affixing his or her signature hereto is authorized to do so, and such authorization is valid and effective on the date thereof. 15.8 Waiver - Waiver by either party of any breach of this Agreement, or the failure of either party to enforce any of the provisions of this Agreement, at any time, shall not in any way affect, limit or waive such party’s right thereafter to enforce and compel strict compliance. 15.9 Headings - The headings of the various sections of this Agreement are included solely for convenience of reference and are not to be full or accurate descriptions of the content thereof. 15.10 Multiple Counterparts - This Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. A facsimile signature will also be deemed to constitute an original if properly executed. 15.11 Sovereign Immunity – The parties agree that the City has not waived its sovereign immunity or any other legal defense by entering into and performing its obligations under this Agreement. 15.12 Representations – Each signatory represents that this Agreement has been read by the party for which this Agreement is executed and that such party has had the opportunity to confer with its counsel. 15.13 Miscellaneous Drafting Provisions – This Agreement shall be deemed drafted equally by all parties hereto. The language of all parts of this Agreement shall be construed as a whole according to its fair meaning, and any presumption Dowdle Studios Artist Contract Page 13 of 24 or principle that the language herein is to be construed against any party shall not apply. 15.14 No Third Party Beneficiaries – Nothing in this Agreement shall be construed to create any right in any third party not a signatory to this Agreement, and the parties do not intend to create any third party beneficiaries by entering into this Agreement 15.15 Relationship of Parties – The provisions of this Agreement shall not be construed to create a partnership or joint venture between the parties. Artist is performing Artists’ services as an independent contractor and the doctrine of respondeat superior shall not apply between the City and the Artist. Artist shall be responsible for the compensation, wages, and applicable taxes for Artist and any of Artist’s employees or agents while performing any work or services related to the Project. Dowdle Studios Artist Contract Page 14 of 24 IN WITNESS WHEREOF, the parties have executed this Agreement and caused this Agreement to be effective on the latest day as reflected by the signatures below. Effective Date: _____________________________________ CITY The City of Southlake, Texas ARTIST Eric Dowdle By: By: Alison Ortowski Dowdle Puzzles LLC, Eric Dowdle Title: City Manager Approved as to Form: By:_____________________________ Taylor, Olson, Adkins, Sralla, and Elam L.L.P City Attorneys STATE OF TEXAS: COUNTY OF TARRANT: BEFORE ME, THE UNDERSIGNED AUTHORITY, A NOTARY PUBLIC IN AND FOR THIS STATE OF TEXAS, ON THIS DAY PERSONALLY APPEARED ALISON ORTOWSKI, KNOWN TO ME TO BE THE PERSON WHOSE NAME IS SUBSCRIBED TO THE FOREGOING INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE EXECUTED THE SAME FOR THE PURPOSE AND CONSIDERATION EXPRESSED, AND IN THE CAPACITY THEREIN STATED. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS ____ DAY OF ________,______, 2025. ______________________________________________ NOTARY PUBLIC IN AND FOR THE STATE OF TEXAS Dowdle Studios Artist Contract Page 15 of 24 STATE OF __________________: COUNTY OF ______________________: BEFORE ME, THE UNDERSIGNED AUTHORITY, A NOTARY PUBLIC IN AND FOR THIS STATE OF UTAH, ON THIS DAY PERSONALLY APPEARED ERIC DOWDLE KNOWN TO ME TO BE THE PERSON WHOSE NAME IS SUBSCRIBED TO THE FOREGOING INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE/SHE EXECUTED THE SAME FOR THE PURPOSE AND CONSIDERATION EXPRESSED, AND IN THE CAPACITY THEREIN STATED. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS ____ DAY OF _____________., 2025. ______________________________________________ NOTARY PUBLIC IN AND FOR THE STATE OF UTAH Dowdle Studios Artist Contract Page 16 of 24 EXHIBIT “A” SCOPE OF SERVICES AGREEMENT BETWEEN THE CITY OF SOUTHLAKE, TEXAS (CITY) AND ERIC DOWDLE AND/ OR DOWDLE STUDIOS (ARTIST) CREATION OF AN ORIGINAL WORK OF ART (ARTWORK) AND DERIVATIVE PRODUCTS AND SERVICES, INCLUDING SPECIAL EDITION PUZZLES, CERTIFICATES OF AUTHENTICITY, LEGACY WALL PUZZLE, AND ARTIST PARTICIPATION IN THE UNVEILING EVENT. Artwork The services are to be provided by Eric Dowdle, artist, in the creation of an original work of art and Legacy Wall Puzzle per the design approved by the Southlake City Council (November 18, 2025), Eric Dowdle will furnish all design, labor, and material in the fabrication of the artwork as described in the following areas and amounts: I. Design, fabricate, manufacture , ship, the original work of art and special edition puzzles, and the Legacy Wall Puzzle: A. Provide the material for the artwork, puzzles, and Legacy Wall Puzzle in its entirety. B. Eric Dowdle will create the above-described artwork in accordance with the approved concept. C. Provide appropriate packing and ship the artwork, puzzles, and Legacy Wall Puzzle to the site. D. Provide instructions and Consult with the city on the installation of the Legacy Wall Puzzle. The Artist shall create and oversee the creation of the Artwork in substantial conformity with the approved conceptual design. Any significant changes in the concept, as defined in Article 5.2, must be approved by the City. It is the responsibility of the Artist to coordinate with the City, and Contractor to ensure that the site is prepared to receive the Artwork. All Artwork installation and site preparation shall be performed during normal business hours. Installation These services are to be provided by the City of Southlake in the installation of the Wall Puzzle sculpture: A. The City shall be responsible for installing the base for the Legacy Wall Dowdle Studios Artist Contract Page 17 of 24 B. City of Southlake is responsible for providing any landscape and lighting. C. The City will be responsible for the installation at its location, including the crane and related equipment; labor, barricades, and traffic control. Upon completion of the permanent installation of the Artwork, the City project manager will inspect the work and give notice of acceptance, as provided in this Agreement. Clarifications ● Delays due to others and beyond the implementation date shall constitute additional schedule extensions and appropriate general condition costs. ● All artwork installation shall be performed during normal working hours. Exclusions: ● Any and all dust, waste, and sanitary requirements. ● Any and all landscaping and/or landscaping repairs. ● Any and all licenses, fees, and permits. ● Any and all bonds. ● Any and all testing and inspection costs. ● Any and all damage to underground services not marked. Dowdle Studios Artist Contract Page 18 of 24 EXHIBIT “B” COMPLETION SCHEDULE/ARTWORK BILLING AND BUDGET AGREEMENT BETWEEN THE CITY OF SOUTHLAKE, TEXAS (CITY) AND ERIC DOWDLE (ARTIST) CREATION OF ORIGINAL ART AND PRODUCTS FOR THE CITY OF SOUTHLAKE Task Timeline City Artist Agreement signed by both Parties (effective date) Month 1 (January 2026) Contract signed Check #1 in the amount of $62,500 due (50%) paid upon approval and execution of the agreement. Begins work on artwork Suggested Features List given to Artist Month 2 (February 2026) Turns in Dowdle Studios’ “Addendum A: Suggested Features List” Begins City research Dowdle Studios’ visit to Southlake Month 2-3 (February 2026 – March 2026) Provides Artist with contact information of who to meet with/coordinates meetings with stakeholders Researches the city and meets with residents Pencil Sketch Draft Review and Discussion Month 4-6 (April- June, 2026) Reviews conceptual sketch Check #2 in the amount of$50,000 (40%) Submits Sketch Final approval of the conceptual sketch 15 days from sketch submission Provides approval of conceptual sketch Begins painting, Fabrication and manufacturing Artwork and Legacy Wall Puzzle Fabrication Months 6-8 (June– August 2026) Prepares the Installation site Fabricates Art Artwork and Products delivered to City Month 8- 12 (August- December 2026) Final Installment Payment Check #3 $125,000 (10%) Delivers art, and participates in Unveiling Event Dowdle Studios Artist Contract Page 19 of 24 EXHIBIT “C” MAP OF INSTALLATION SITE Dowdle Studios Artist Contract Page 20 of 24 EXHIBIT “D” AFFIDAVIT THE STATE OF _____________§ COUNTY OF _______________§ I, ____________________, Artist, make this affidavit and hereby on oath state the following: I, and/or a person or persons related to me, have the following interest in a business entity that would be peculiarly affected by the work or decision on the project (check all that apply); Ownership of 10% or more of the voting shares of the business entity. ___ Ownership of $2,500 or more of the fair market value of the business entity. ___ Funds received from the business entity exceed 10% of my income for the previous year. Real property is involved and I have an equitable or legal ownership with a fair market value of at least $2,500. ___ None of the above. A relative of mine has substantial interest in the business entity or property that would be affected by my decision of the public body of which I am a member. Other: _____________________________________________________ Upon the filing of this affidavit with the City of Southlake, Texas, I affirm that no relative of mine, in the first degree by consanguinity or affinity as defined in Chapter 573 of the Texas Government Code, is a member of the public body which took action on the agreement. Signed this ________ day of ___________________________, 2025. ________________________________ Signature of Official/Title Dowdle Studios Artist Contract Page 21 of 24 BEFORE ME, the undersigned authority, this day personally appeared ________________________________ and on oath stated that the facts hereinabove stated are true to the best of his/her knowledge or belief. Sworn to and subscribed before me on this ______ day of _______________________, 2025. ________________________________ Notary Public in and for The State of ___________ My commission expires: ____________ Dowdle Studios Artist Contract Page 22 of 24 EXHIBIT “E” Dowdle Studios Artist Contract Page 23 of 24 Dowdle Studios Artist Contract Page 24 of 24 City of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork M E M O R A N D U M December 02, 2025 To: Southlake Arts Council From: Vicky Schiber, Community Relations Manager Subject: Recommend approval of an Artist Contract with Brandon Taylor, DBA 23 Design Co, in an amount not to exceed $200,000 for art to be installed at the Municipal Service Center Action Requested: Recommend approval of an Artist Contract with Brandon Taylor, DBA 23 Design Co, in an amount not to exceed $200,000 for art to be installed at the Municipal Service Center Background Information: The Public Art Master Plan recommends commissioning and installing public art pieces for beautification and celebrating Southlake's history through the arts throughout the city. Page 22 of the Public Art Master Plan suggests incorporating public art in the proposed public works operation center. The Southlake Arts Council extended an invitation to different artists in May 2025 to submit concepts for a commissioned sculpture to be placed in the Municipal Service Center located at 1605 Brumlow Avenue. The Call to Artists was publicly announced in late May 2025. The deadline for applications was August 1, 2025. Staff received 35 applications, of which 29 were complete. The Arts Council reviewed all completed applications during their August meeting and selected 2 finalists. The finalists were given a month to submit updated concepts based on the Arts Council’s feedback, and the revised concepts were reviewed during the September and November Arts Council meetings. Brandon Taylor of 23 Design Co. was selected as the finalist. Staff reached out to Brandon Taylor with the Standard Artist Contract for Arts Council and City Council consideration. Item 4B Southlake Arts Council Meeting Date – December 09, 2025 Page 2 of 2 City of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork Staff is asking the Art Council to recommend the contract for approval. Financial Considerations: Funding not to exceed $200,000 for the design and installation of artwork is provided in the Capital Improvement Fund and the project fund for the Municipal Service Center. Strategic Link: Recommendation on the Artist Contract for public art is linked to the City’s Strategy Map related to Quality Development and Performance Management and Service Delivery. Citizen Input/ Board Review: Southlake Arts Council recommendation for approval of the Artist Contract on December 09, 2025. City Council consideration January 06, 2026. Legal Review: Not Applicable Alternatives: Approve contract as is Approve contract with recommended edits Deny contract and explore other options Supporting Documents: •“Voyagers” project concept and proposal •Brandon Taylor Standard Arts Agreement Recommendation: Recommend approval of an Artist Contract with Brandon Taylor, DBA 23 Design Co, in an amount not to exceed $200,000 for art to be installed at the Municipal Service Center VOYAGERS - Revised Concepts With the following revisions, I would like to express my approach to creating any custom piece, that is to make sure the client has the piece they want. In this presentation I hope to help illustrate that any of these concepts can be altered, rearranged and colors changed. I’ll do so by providing a few different iterations of this revision. I am more than happy to dive deeper into these conversations to ensure we can get this to its best version. Thank you all again for your patience and time. Brandon "Voyagers" Project Concept VOYAGERS - Revised - color 1 VOYAGERS - Revised - color 2 VOYAGERS - Revised - color 3 with no diamond in center VOYAGERS - Revised -lighting concept Lighting Plan- Backlit led spots and a central wide angle that can be wired into the buildings automatic lighting system. Backlit decorative boarder concept Voyagers - Concept II Polaris (Revised) - The guiding star of discovery and innovation. Bridge (Revised) - After many reworks, I felt the bridge element remained the strongest symbol in representing both connection and transportation duties of public works. In this revision I developed the bridge to reflect more of Southlake’s architecture, and the building, with elaborate cornices. Road Patterns/Manhole-drainage (Revised)- As a border this radial geometric pattern adds depth and a frame to the centerpiece. Centerpiece (Revised) - As requested to revert to the original design, I enlarged the central sunburst with the Southlake “S” as the main focus. If the logo was ever updated, it could be easily replaced or conversely be a historical record of the time. Two layers of bursts are framed by an additional layer of decorative pipe work. PRESENTED BY BRANDON TAYLOR SOUTHLAKE MUNICIPAL SERVICE CENTER OF P R O P O S A L F O R A R T W O R K , S O U T H L A K E , T E X A S THANK YOU! Municipal Service Center City of Southlake, Texas GIVE ONE Studio LLC 729 Airport Blvd. Austin, TX 78702 JMuzacz.com | (512) 497-1492 | JMuzacz@gmail.com Design Proposal — Revision 2 *To note, the mosaic design is intentionally pixelated to scale, showing how it will render in real life when made with ¾” vitreous glass tiles. A variety of nuanced iridescent tiles will add a further lustre to the finished artwork and give the mural a shimmering quality with an impressive depth of color. Revisions: Added bold stripe of color and further abstracted figures. We know your team felt the figures were recognizable, so these edits adjusted faces and simplified & layered the figures to be less distinguishable. J Muzacz Mosaics & Murals | 729 Airport Blvd. Austin, TX 78702 | jmuzacz.com | jmuzacz@gmail.com | @jmuzacz . "Voyagers" Project Proposal Quality of Life, 2025 Glass tile mosaic, 8ft x 35ft, $200,000 This sepia-toned artwork with bold pops of blue pays tribute to Southlake’s rich history of public service, an impressionistic photo collage with a particular focus on the essential roles of utility work, road crews, wastewater, traffic control and signage. Designed to complement the new Municipal Service Center’s warm brick facade and have a strong impact from the street, the piece combines archival references, dynamic composition, and symbolic imagery to reflect the integrity, innovation, and teamwork at the heart of Southlake’s public services. On the left, a road crew discusses work. You can also see a team offloading a fire hydrant, the iconic Southlake water tower, and more scenes of everyday life for the dedicated public works staff. Repairing lines, fixing traffic signals, and installing signs to help the flow of traffic and primarily for safety are at the heart of the daily work that the crews do. A vibrant blue brushmark and royal blue star of Texas grabs your attention from afar and invites you to take in the rest of the details up close. Vintage Southlake contour map lines run in the background throughout the composition, referencing the geographic connections across time between people, service, and place. The overall tone and texture aim to ground the work in history while maintaining a sense of energy and pride appropriate for this new civic facility. We plan to anchor the substrate panels to the wall, then set mosaic tiles with Laticrete brand Platinum 254 thinset and Permacolor Select grout, which never needs sealing and is rated for all-weather with a material 25-year installation warranty. We’re anticipating overhead LED lighting to evenly illuminate the design at night, avoiding distracting daytime shadows and hotspots. Durable and low-maintenance materials ensure the work remains vibrant and structurally sound for generations to come, enhancing the visual environment for Southlake residents, staff, and visitors alike. J Muzacz Mosaics & Murals | 729 Airport Blvd. Austin, TX 78702 | jmuzacz.com | jmuzacz@gmail.com | @jmuzacz . Alternate viewing angle to approximate scale J Muzacz Mosaics & Murals | 729 Airport Blvd. Austin, TX 78702 | jmuzacz.com | jmuzacz@gmail.com | @jmuzacz . Brandon Taylor Artist Contract Page 1 of 23 AGREEMENT BETWEEN THE CITY OF SOUTHLAKE, TEXAS (CITY) AND BRANDON TAYLOR (ARTIST), DBA 23 DESIGN CO., FOR THE CREATION OF A SCULPTURE FOR THE CITY OF SOUTHLAKE Made as of the 6th day of January in the Year 2026 BETWEEN the City: The City of Southlake, Texas 1400 Main Street, Ste 440 Southlake, Texas 76092 Telephone 817-748-8384 Facsimile 817-748-8250 and the Artist: Brandon Taylor, Global Water Jet LLC, DBA 23 Design Co. 108 Shumard Dr. Aledo, TX, 76008 for the following Artwork: Creation of a sculpture, “Voyagers,” (copper, aircraft- grade aluminum, and stainless steel with green patinaed copper 34 x 8 x 1.5 structure) installed on the Municipal Service Center façade located at 1605 Brumlow Avenue, for an amount not to exceed $200,000. The City and the Artist agree as set forth below. THIS AGREEMENT is made and entered by and between the City of Southlake, Texas, a home-rule municipal corporation located in Tarrant and Denton County Texas, hereinafter referred to as “City”, and Brandon Taylor, hereinafter collectively referred to as “Artist”, to be effective from and after the date as provided herein, hereinafter referred to as the “Agreement”. WHEREAS, the City desires to engage the services of the Artist to create a sculpture titled, “Voyagers,” approximately 34 x 8 x 1.5 ft in dimension with a bridge, road patterns/ manhole-drainage center with the Southlake S centerpiece, for the City of Southlake to be mounted on the façade of the Municipal Service Center located at 1605 Brumlow Avenue for an amount not to exceed $200,000. WHEREAS, the Artist desires to render such services for the City upon the terms and conditions provided herein. NOW, THEREFORE, KNOW ALL PERSONS BY THESE PRESENTS: That for and in consideration of the covenants contained herein, and for the mutual benefits to be obtained, the parties agree as follows: Brandon Taylor Standard Arts Agreement Brandon Taylor Artist Contract Page 2 of 23 ARTICLE 1 ARTIST’S SERVICES 1.1 Employment of the Artist - The City hereby agrees to retain the Artist to perform the services set forth herein in connection with the Art. Artist agrees to perform such services in accordance with the terms and conditions of this Agreement. 1.2 Design and Installation - The parties agree that Artist shall perform the services set forth and described in Exhibit “A”, which is attached and incorporated herein by reference. The Artist shall furnish all materials, labor, tools, equipment, apparatus, facilities, and anything else necessary to complete the Artwork in a workmanlike manner. The parties understand and agree that deviations or modifications to the scope of services described in Exhibit “A”, in the form of written change orders, may be authorized from time to time by the City. The Artwork shall be delivered and installed by the Artist. Installation will be scheduled according to the timeline set forth in Exhibit “B.” Any changes to the installation date must occur with at least a forty-five (45) day notice and be agreed upon in writing by both the City and the Artist. The City will be responsible for installation aid at its location, including the crane and related equipment; labor, barricades, and traffic control. The artist will also act as a consultant for said installation, but shall not receive an additional fee for the Artist's time or travel. The artwork shall be permanently affixed to the Site in the manner to be determined by a structural engineer as described in Exhibit “A”. Design and installation of the Artwork shall comply with applicable building codes and seismic safety regulations. 1.3 Size of Artwork - The completed Artwork shall be true to the estimated measurements and constructed out of the materials described in Exhibit "A". 1.4 Permits, Licenses, and Taxes - The Contractor for the project shall obtain and maintain during the term of this Agreement, all permits (including a City building permit), licenses, and certificates, and pay all taxes that may be required in connection with the performance of services under this Agreement. Notwithstanding any other provision of this Agreement, Artist shall not be charged a fee for issuance of a City building permit or any City license. 1.5 Schedule of Work - The Artist agrees to commence work immediately upon execution of this Agreement and receipt of the first payment, and to proceed diligently with said work to completion as described in the Completion Schedule/Artwork Billing and Budget attached as Exhibit “B” and incorporated herein by reference. 1.6 Artwork Installation Site – The Artwork shall be permanently affixed to the installation site, located on the façade of the Municipal Service Center located at Brandon Taylor Artist Contract Page 3 of 23 1605 Brumlow Avenue, unless the City exercises its option to relocate as set forth in Section 8.2. The Artist shall design the sculpture and its base so that the art installation will be structurally safe and sound and comply with current municipal building codes and seismic standards in accordance with the Uniform Building Code. ARTICLE 2 THE CITY'S RESPONSIBILITIES 2.1 Artwork Data - The City shall furnish required information that it currently has in its possession, as expeditiously as necessary for the orderly progress of the work, and the Artist shall be entitled to rely upon the accuracy and completeness of such information. 2.2 City Project Manager - The City shall designate, when necessary, a representative authorized to act on the City's behalf with respect to the Artwork (the “Project Manager”). The City, by and through this authorized representative, shall examine the documents submitted by the Artist and render any required decisions pertaining thereto as soon as practical so as to avoid unreasonable delay in the progress of the Artist's services. 2.3 Reimbursement for Travel – The Artist shall pay for all travel as it applies to this agreement. ARTICLE 3 ARTIST’S COMPENSATION 3.1 Compensation for Artist's Services - As described in “Article 1, Artist's Services”, compensation for this Artwork shall be two hundred thousand dollars and no cents ($200,000) (“Artist’s Fee”) and will cover all services to be rendered and materials to be provided in accordance with this Agreement. The Artist’s Fee shall be paid in accordance with Article 3 and the Completion Schedule/Artwork Billing and Budget as set forth in Exhibit “B“. The final ten percent (10%) of the Artist’s Fee, or twenty thousand dollars and no cents ($20,000), shall not be paid until the Artist has completed all of the Artwork services and tasks described in Exhibits “A” and “B”. The Artist will also be required to fill out the proper paperwork to become an approved vendor of the City before payments commence. 3.2 Artwork Suspension - If the Artwork is suspended or abandoned by the City in whole or in part for more than three (3) months, Artist shall be entitled to compensation for any and all work completed to the satisfaction of City in accordance with the provisions of this Agreement prior to suspension or abandonment. In the event of such suspension or abandonment by the City, Artist shall deliver to City all finished or unfinished documents, data, studies, surveys, drawings, maps, models, reports, photographs, and/or any other items prepared by Artist in connection with this Agreement prior to Artist receiving final payment. Brandon Taylor Artist Contract Page 4 of 23 If the Artwork is resumed after being suspended for more than three (3) months, the Artist's compensation shall be equitably adjusted as approved by the City. Any additional amounts paid to the Artist after the Artwork is resumed shall be agreed upon in writing by both parties before the services are performed. ARTICLE 4 OWNERSHIP AND COPYRIGHT 4.1 Ownership of Work - The Artwork is the property of the City; The Artist retains Copyright in and to the Artwork under the Copyright Act of 1976, 17 U.S.C., Section 101, et seq. The Artist reserves the right to produce the Artwork at any size. Each edition will be clearly marked as a limited edition. If the City should desire to place the Artwork in a location that is not shown on Exhibit B, the City shall first notify the Artist, consistent with Section D herein as to the new location. The City shall be entitled to copies of the plans that are prepared by the Artist in connection with the development and fabrication of the Artwork under this Agreement. The ownership of the sculpture is transferred to the City upon full payment of the Artwork described in Exhibits “A” and “B”. 4.2 Ownership of Copyright - Artist shall retain the copyright to the Artwork. Artist shall take all steps, at his own expense, to protect the copyright of the Artwork. 4.3 License to City - The Artist irrevocably licenses the City, its employees, representatives, officers, and agents, the right to make photographs, two- dimensional reproductions, and adaptations of the work for educational, public relations, arts promotional, and other non-commercial purposes. For the purposes of this Agreement, the following, among others, are deemed to be reproductions and/or adaptations for non-commercial purposes: reproduction in exhibition catalogues, websites, books, slides, photographs, postcards, posters, and calendars; in magazines, books, art and news sections of newspapers; in general books and magazines not primarily devoted to art but of an educational, historical or critical nature; slides, videos and film strips not intended for a mass audience, and television from stations operated for educational purposes or on programs for educational and news purposes from all stations. All aforementioned work product created by the Artist will include the words: SCULPTED BY BRANDON TAYLOR. 4.4 Copyright Notice – The City undertakes to use its reasonable efforts to include in any reproductions which it makes of the Artwork a copyright notice in the following form: Copyright Artist Name or © Artist Name Brandon Taylor Artist Contract Page 5 of 23 4.5 Representations and Warranties Regarding Copyright – The Artist represents and warrants that the Artwork is an original creation of Artist and will not infringe the copyright, trademark, or other intangible rights of any third party. 4.6 Warranty of Title – The Artist represents and warrants that the Artwork is free and clear of all liens from any source whatsoever. ARTICLE 5 FABRICATION 5.1 Specifications – Artist will create the Artwork, or cause it to be fabricated, in substantial conformity with the specifications set forth in Exhibit “A”. 5.2 Changes – Any significant changes to the Artwork by either Artist or as requested by City will be approved in writing by the other party. For purposes of this Agreement, a “significant change” will mean any change, including but not limited to, a change in the scope, design, color, size, or material of the Artwork, which affects cost, installation, site preparation, maintenance and concept as described in Exhibit “A”. If Artist wishes to make a significant change to the Artwork, he must request written approval of the change in writing at the address provided in Article 14. The City will provide a written response within thirty (30) calendar days of receipt of the request. 5.3 Review of the Artwork – The City will be given access to the Artwork during reasonable business hours at Artist’s or fabricator’s studio in order to review the Artwork and Artist’s or fabricator’s progress with fabrication of the Artwork. Alternatively, the City requests and shall be given photographic documentation of Artist’s progress to verify each stage that triggers payment pursuant to Section 3.1 above. 5.4 Notification of Fabrication Completion – Artist will notify the City in writing in the manner provided in Article 14 below when the Artwork is completed and ready for delivery. Designated representatives of the City will have the opportunity to inspect the Artwork for conformity with the design and structural requirements of this Agreement prior to delivery and to give written approval or disapproval of the Artwork within thirty (30) business days following notice from the Artist. As an alternative to the studio inspection, photographic documentation may be submitted to the City upon completion of the Artwork. 5.5 Preparation of Site – Regarding installation of the Artwork, cooperation from the City’s designated staff and contractor is required. City will provide Artist with the specifications and drawings for the specific area at the site where the Artwork is to be installed. Artist is responsible for obtaining and forwarding to City design drawings and calculations for the installation of the Artwork. The drawings will illustrate the Artwork’s support system, including without limitation, connection to the base. The designated city staff member will utilize these drawings and if, during installation, the Artwork is Brandon Taylor Artist Contract Page 6 of 23 found to differ from the specifications noted in the drawings, it will be the Artist’s responsibility to remedy the discrepancy and bring the Artwork into conformance with the drawings. 5.6 Warranty of Craftsmanship – Artist warrants that the Artwork will be free of defects in workmanship and materials. In the event that any defects become apparent in the workmanship or materials within two (2) years of the completion of the Artwork by the Artist and acceptance of the Artwork by the City, Artist will remedy any defects at Artist’s sole cost and expense during this period. ARTICLE 6 STORAGE 6.1 Storage - Storage of the Artwork is the responsibility of the Artist. ARTICLE 7 FINAL APPROVAL OF ARTWORK 7.1 Final Acceptance - City will inspect the Artwork prior to taking delivery to determine whether it conforms with all of the requirements of this Agreement. The Artist shall furnish City with a full written narrative description of the Artwork. If the City finds that any aspect of the Artwork is not in conformance with this Agreement, the City will notify Artist in writing and Artist will have a reasonable time and opportunity to address and cure any defects, requests or concerns of the City. Final acceptance shall be determined by the City in its sole and absolute discretion. The City shall notify the Artist in writing of its final acceptance of the Artwork. In no event shall the final acceptance occur more than thirty (30) days from the date of installation. 7.2 Title and Final Acceptance - Title of ownership of the Artwork shall pass to the City upon final acceptance. ARTICLE 8 INTEGRITY OF THE WORK 8.1 Routine Maintenance – The Artist shall provide to City written instructions for appropriate routine maintenance and preservation of the Artwork, including moving and installation of the Artwork. 8.2 Repairs - The City undertakes to exercise reasonable care to protect, repair, and maintain the work. Artist agrees to cooperate with and advise the City without charging the City in connection with any such non-routine maintenance, including, without limitation, damage by acts of God, vandalism, conservation and/or replacement of any portion of the Artwork to the extent that the Artist is able to do so. Brandon Taylor Artist Contract Page 7 of 23 During Artist’s lifetime, the City will not undertake any non-routine maintenance on the Artwork without attempting to consult with the Artist or the Artist’s authorized representative unless required by an emergency. 8.3 Relocation of the Work – To the extent that the Artwork is capable of being relocated, the City shall have the right to do so. If feasible, the City shall attempt to consult with the Artist concerning the relocation of the Artwork prior to any such relocation; however, the Artist’s approval is not required for the relocation, if any. If the Artist is not pleased with such relocation, he or she shall have the right to renounce credit for the Artwork. If Artist renounces credit for his Artwork, this would include, among other things, assignment to the City of the copyrights described herein. 8.4 Credit – The City agrees, at its own expense, to prepare and install at or near the Artwork a public notice, the form and exact location of which shall be solely determined by City, giving Artist credit for the creation of the Artwork. ARTICLE 9 RISK OF LOSS/INSURANCE COVERAGE 9.1 Risk of Loss – The risk of loss or damage to the Artwork shall be borne by the Artist until final acceptance, and the Artist shall take such measures as are reasonable to protect the Artwork and the materials relating hereto from loss or damage until final acceptance. 9.2 Insurance – The Artist, consistent with the Artist’s status as an independent contractor, shall carry, and shall require any of its subcontractors to carry, at least the following insurance in such form, with such companies, and in such amounts (unless otherwise specified) as City may require: i. Worker’s Compensation and Employer’s Liability insurance, including All States Endorsement, to the extent required by federal law and complying with the laws of the State of Texas; ii. Commercial General Liability insurance, including Blanket Contractual Liability, Broad Form Property Damage, Personal Injury, Completed Operations/Products Liability, Premises Liability, Medical Payments, Interest of Employees as additional insured’s, and Broad Form General Liability Endorsements, for at least One Million Dollars ($1,000,000) Combined Single Limit Bodily Injury and Property Damage on an occurrence basis; iii. Comprehensive Automobile Liability insurance covering all owned, non-owned or hired automobiles to be used by the Contractor, with Brandon Taylor Artist Contract Page 8 of 23 coverage for at least One Million Dollars ($1,000,000) Combined Single Limit Bodily Injury and Property Damage. 9.3 Insurance Requirements - The Artist shall: i. Name the City, its officers, agents, representatives, and employees as additional insured’s as to all applicable coverage with the exception of workers’ compensation insurance; ii. Provide for at least thirty (30) days prior written notice to the City for cancellation, non-renewal, or material change of the insurance; and iii. Provide for a waiver of subrogation against the City for injuries, including death, property damage, or any other loss to the extent the same is covered by the proceeds of insurance. 9.4 Insurance Company Qualification – All insurance companies providing the required insurance shall be authorized to transact business in Texas and rated at least “A” by AM Best or other equivalent rating service. 9.5 Certificate of Insurance – A certificate of insurance evidencing the required insurance shall be submitted no later than the date of the execution of this Agreement. If this Agreement is renewed or extended by the City, a certificate of insurance shall also be provided to the City prior to the date the Agreement is renewed or extended. ARTICLE 10 AUDITS AND RECORDS/PROHIBITED INTEREST/VENDOR DISCLOSURE The Artist agrees that at any time during normal business hours and as often as City may deem necessary, Artist shall make available to representatives of the City for examination all of the Artist’s records with respect to all matters covered by this Agreement, and will permit such representatives of the City to audit, examine, copy and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement, all for a period of four (4) years from the date of final settlement of this Agreement or for such other or longer period, if any, as may be required by applicable statute or other lawful requirement. The Artist agrees that the Artist is aware of the prohibited interest requirement of the City Charter, which is repeated on the Affidavit attached hereto as Exhibit “D” and incorporated herein by reference for all purposes, and will abide by the same. Further, a lawful representative of Artist shall execute the Affidavit. Artist understands and agrees that the existence of a prohibited interest during the term of this Agreement will render the Agreement voidable. Brandon Taylor Artist Contract Page 9 of 23 Artist agrees that the Artist is further aware of the vendor disclosure requirements set forth in Chapter 176, Local Government Code, as amended, and will abide by the same. In this connection, a lawful representative of the Artist shall execute the Conflict of Interest Questionnaire, Form CIQ, attached hereto as Exhibit “E” and incorporated herein for all purposes. ARTICLE 11 TERMINATION OF AGREEMENT/REMEDIES 11.1 Artist Default – Failure or refusal of Artist to perform any act herein required, unless mutually agreed to in writing by the City and the Artist, shall constitute a default. Artist shall be given a reasonable time within which to cure said default after receiving said notice in writing. In the event of a default, in addition to any other remedy available to the City, this Agreement may be terminated by the City upon ten (10) days written notice. Such notice does not waive any other legal remedies available to the City. 11.2 Conditions for Termination of Agreement Other than Artist’s Default – If the City deems, in its sole discretion, the Artwork design is inappropriate or unworkable for the site, or if the deadlines specified herein are not met due, in whole or in part, to the Artist’s actions and/or omissions, or if cost estimates indicate that the Artwork cannot be completed within the budget, the City retains the right to terminate this Agreement and is released from the obligation to enter into fabrication and installation of the Artist’s design concept for the Artwork. In the event of any termination, Artist shall deliver to City all work, entirely or partially completed, that Artist has been compensated for. The Artist shall receive full payment for services satisfactorily performed (as outlined in Exhibit "B"), and as solely determined by the City. The City shall make this final payment within thirty (30) days of notifying the Artist. 11.3 Remedies Cumulative - The rights and remedies provided by this Agreement are cumulative, and the use of any one right or remedy by either party shall not preclude or waive its rights to use any or all other remedies. These rights and remedies are given in addition to any other rights the parties may have by law, statute, ordinance or otherwise. ARTICLE 12 DISPUTE RESOLUTION/MEDIATION In addition to all remedies at law, the parties may resolve/mediate any controversy, claim or dispute arising out of or relating to the interpretation or performance of this Agreement, or breach thereof, by voluntary mediation to be conducted by a Brandon Taylor Artist Contract Page 10 of 23 mutually acceptable mediator. The cost of the mediation shall be divided equally between the Artist and the City. ARTICLE 13 INDEMNITY Indemnification - Artist agrees to defend, indemnify and hold harmless the City, all of its officers, Council members, agents and employees from and against all claims, actions, suits, demands, proceedings, costs, damages and liabilities, including reasonable attorneys’ fees, court costs and related expenses, arising out of, connected with, or resulting from any acts or omissions of Artist or any agent, employee, subcontractor, or supplier of Artist in the execution or performance of this contract without regard to whether such persons are under the direction of City agents or employees. The Artist agrees to protect and indemnify the City, all of its officers, Council members, agents and employees, from all claims, actions, suits, demands, proceedings, costs, damages and liabilities, including reasonable attorneys’ fees, court costs and related expenses, arising out of any alleged infringement of patents or copyrights arising from the Artist’s performance under the Artist’s Bid or this Agreement, including attorneys’ fees and court costs. The provisions of this Article shall survive the termination or expiration of this Agreement. ARTICLE 14 NOTICES Artist agrees that all notices or communications to City permitted or required under this Agreement shall be delivered to City at the following addresses: Project Manager: Vicky Schiber City of Southlake 285 Shady Oaks Dr. Southlake, Texas 76092 817-748-8186 City agrees that all notices or communications to Artist permitted or required under this Agreement shall be delivered to Artist at the following address: Brandon Taylor 108 Shumard Dr. Aledo, TX, 76008 940-783-8420 Any notice provided for under the terms of this Agreement by either party to the other shall be in writing and may be effected by registered or certified mail, return receipt requested. Brandon Taylor Artist Contract Page 11 of 23 All notices or communications required to be given in writing by one party or the other shall be considered as having been given to the addressee on the date such notice or communication is postmarked by the sending party. Each party may change the address to which notice may be sent to that party by giving written notice of such change to the other party in accordance with the provisions of this Agreement. ARTICLE 15 MISCELLANEOUS 15.1 Complete Agreement - This Agreement, including the exhibits hereto labeled “A” through “E”, all of which are incorporated herein for all purposes, constitute the entire agreement by and between the parties regarding the subject matter hereof and supersedes all prior and/or contemporaneous written and/or oral understandings. This Agreement may not be amended, supplemented, and/or modified except by written agreement duly executed by both parties. To the extent that any provision of this Agreement should conflict with the provisions of an exhibit, the provisions of this Agreement shall prevail. 15.2 Assignment and Subletting - The Artist agrees that neither this Agreement nor the work to be performed hereunder will be assigned or sublet without the prior written consent of the City. The Artist further agrees that the assignment or subletting of any portion or feature of the work or materials required in the performance of this Agreement shall not relieve the Artist of its full obligations to the City as provided by this Agreement. All such approved work performed by assignment or subletting shall be billed through Artist, and there shall be no third party billing. 15.3 Successors and Assigns - City and Artist, and their partners, assigns, successors, subcontractors, executors, officers, agents, employees, representatives, and administrators are hereby bound to the terms and conditions of this Agreement. 15.4 Severability - In the event a term, condition, or provision of this Agreement is determined to be invalid, illegal, void, unenforceable, or unlawful by a court of competent jurisdiction, then that term, condition, or provision, shall be deleted and the remainder of the Agreement shall remain in full force and effect as if such invalid, illegal, void, unenforceable or unlawful provision had never been contained herein. 15.5 Venue - This entire Agreement is performable in Tarrant County, Texas and the venue for any action related directly or indirectly to this Agreement or in any manner connected therewith shall be Tarrant County, Texas, and this Agreement shall be construed under the laws of the State of Texas. Brandon Taylor Artist Contract Page 12 of 23 15.6 Execution/Consideration - This Agreement is executed by the parties hereto without coercion or duress for a substantial consideration, the receipt and sufficiency of which is forever confessed. 15.7 Authority - The individuals executing this Agreement on behalf of the respective parties below represent to each other that all appropriate and necessary action has been taken to authorize the individual who is executing this Agreement to do so for and on behalf of the party for which his or her signature appears, that there are no other parties or entities required to execute this Agreement in order for the same to be an authorized and binding agreement on the party for whom the individual is signing this Agreement and that each individual affixing his or her signature hereto is authorized to do so, and such authorization is valid and effective on the date thereof. 15.8 Waiver - Waiver by either party of any breach of this Agreement, or the failure of either party to enforce any of the provisions of this Agreement, at any time, shall not in any way affect, limit or waive such party’s right thereafter to enforce and compel strict compliance. 15.9 Headings - The headings of the various sections of this Agreement are included solely for convenience of reference and are not to be full or accurate descriptions of the content thereof. 15.10 Multiple Counterparts - This Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. A facsimile signature will also be deemed to constitute an original if properly executed. 15.11 Sovereign Immunity – The parties agree that the City has not waived its sovereign immunity or any other legal defense by entering into and performing its obligations under this Agreement. 15.12 Representations – Each signatory represents that this Agreement has been read by the party for which this Agreement is executed and that such party has had the opportunity to confer with its counsel. 15.13 Miscellaneous Drafting Provisions – This Agreement shall be deemed drafted equally by all parties hereto. The language of all parts of this Agreement shall be construed as a whole according to its fair meaning, and any presumption or principle that the language herein is to be construed against any party shall not apply. 15.14 No Third Party Beneficiaries – Nothing in this Agreement shall be construed to create any right in any third party not a signatory to this Agreement, and the parties do not intend to create any third party beneficiaries by entering into this Agreement Brandon Taylor Artist Contract Page 13 of 23 15.15 Relationship of Parties – The provisions of this Agreement shall not be construed to create a partnership or joint venture between the parties. Artist is performing Artists’ services as an independent contractor and the doctrine of respondeat superior shall not apply between the City and the Artist. IN WITNESS WHEREOF, the parties have executed this Agreement and caused this Agreement to be effective on the latest day as reflected by the signatures below. Effective Date: _____________________________________ CITY The City of Southlake, Texas ARTIST 23 Design Co. By: By: Alison Ortowski Brandon Taylor Title: City Manager Approved as to Form: By:_____________________________ Taylor, Olson, Adkins, Sralla, and Elam L.L.P City Attorneys STATE OF TEXAS: COUNTY OF TARRANT: BEFORE ME, THE UNDERSIGNED AUTHORITY, A NOTARY PUBLIC IN AND FOR THIS STATE OF TEXAS, ON THIS DAY PERSONALLY APPEARED ALISON ORTOWSKI, KNOWN TO ME TO BE THE PERSON WHOSE NAME IS SUBSCRIBED TO THE FOREGOING INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE EXECUTED THE SAME FOR THE PURPOSE AND CONSIDERATION EXPRESSED, AND IN THE CAPACITY THEREIN STATED. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS ____ DAY OF ________,______, 20____. Brandon Taylor Artist Contract Page 14 of 23 ______________________________________________ NOTARY PUBLIC IN AND FOR THE STATE OF TEXAS STATE OF __________________: COUNTY OF ______________________: BEFORE ME, THE UNDERSIGNED AUTHORITY, A NOTARY PUBLIC IN AND FOR THIS STATE OF TEXAS, ON THIS DAY PERSONALLY APPEARED BRANDON TAYLOR, KNOWN TO ME TO BE THE PERSON WHOSE NAME IS SUBSCRIBED TO THE FOREGOING INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE/SHE EXECUTED THE SAME FOR THE PURPOSE AND CONSIDERATION EXPRESSED, AND IN THE CAPACITY THEREIN STATED. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS ____ DAY OF _____________., 20____. ______________________________________________ NOTARY PUBLIC IN AND FOR THE STATE OF TEXAS Brandon Taylor Artist Contract Page 15 of 23 EXHIBIT “A” SCOPE OF SERVICES AGREEMENT BETWEEN THE CITY OF SOUTHLAKE, TEXAS (CITY) AND BRANDON TAYLOR (ARTIST) CREATION OF A SCULPTURE “VOYAGERS,” APPROXIMATELY 34 X 8 X 1.5 FT IN DIMENSION WITH A BRIDGE, ROAD PATTERNS/ MANHOLE- DRAINAGE CENTER WITH THE “SOUTHLAKE S” CENTERPIECE, FOR THE CITY OF SOUTHLAKE TO BE MOUNTED ON THE FAÇADE OF THE MUNICIPAL SERVICE CENTER LOCATED AT 1605 BRUMLOW AVENUE, FOR AN AMOUNT NOT TO EXCEED $200,000 Sculpture The services are to be provided by Brandon Taylor, sculptor, in the creation of a sculpture per the design approved by the Southlake City Council (January 06, 2026). Brandon Taylor will furnish all design, labor, and material in the fabrication of the sculpture as described in the following areas and amounts: I. Design, fabricate, ship, and install the sculpture and any base equipment necessary: A. Provide the material for the sculpture and base equipment in its entirety. B. Brandon Taylor will sculpt the above-described sculpture in accordance with the approved moquette/ concept. C. Provide appropriate packing and ship the sculpture to the site. D. Consult with the city on installation of the sculpture. E. Provide engineer-stamped drawings of the sculptures and base. The Artist shall create and oversee the installation of the Artwork in substantial conformity with the approved design. Any significant changes in the concept, as defined in Article 5.2, must be approved by the City. It is the responsibility of the Artist to coordinate with the City, and Contractor to ensure that the site is prepared to receive the Artwork. All Artwork installation and site preparation shall be performed during normal business hours. Installation These services are to be provided by the City of Southlake in the installation of the sculpture: A. City of Southlake is responsible to provide any and all landscape lighting. Brandon Taylor Artist Contract Page 16 of 23 B. The City will be responsible for installation aid at its location, including the crane and related equipment; labor, barricades, and traffic control. Upon completion of the permanent installation of the Artwork, the City project manager will inspect the work and give notice of acceptance, as provided in this Agreement. Clarifications • Delays due to others and beyond the implementation date shall constitute additional schedule extensions and appropriate general condition costs. • All artwork installation shall be performed during normal working hours. Exclusions: • Any and all dust, waste, and sanitary requirements. • Any and all landscaping and/or landscaping repairs. • Any and all licenses, fees and permits. • Any and all bonds. • Any and all testing and inspection costs. • Any and all damage to underground services not marked. Brandon Taylor Artist Contract Page 17 of 23 EXHIBIT “B” COMPLETION SCHEDULE/ARTWORK BILLING AND BUDGET AGREEMENT BETWEEN THE CITY OF SOUTHLAKE, TEXAS (CITY) AND BRANDON TAYLOR (ARTIST) CREATION OF SCULPTURES FOR THE CITY OF SOUTHLAKE Task Timeline City Artist Conceptual design. Month 1 (January 2026) Contract signed Check #1 in the amount of $100,000 due (50%) paid upon approval of concept design and clay figures. Provides final conceptual design. Purchase materials and begin fabrication Months 2 - 10 (February 2026 – October 2026) Check #2 in amount of $80,000 (40%) paid upon approval of final concept. Purchases materials Begins fabrication Sends City progress pictures as major milestones are reached. Final acceptance by project manager; submit maintenance worksheets; dedication. Month 11 (November 2026) Approve work. Check #3 in amount of $20,000 (10%) due upon completion of installation. Sculpture delivered to City and installed at Site by Artist under City supervision. Brandon Taylor Artist Contract Page 18 of 23 EXHIBIT “C” MAP OF INSTALLATION SITE Brandon Taylor Artist Contract Page 19 of 23 EXHIBIT “D” AFFIDAVIT THE STATE OF _____________§ COUNTY OF _______________§ I, ____________________, Artist, make this affidavit and hereby on oath state the following: I, and/or a person or persons related to me, have the following interest in a business entity that would be peculiarly affected by the work or decision on the project (check all that apply); Ownership of 10% or more of the voting shares of the business entity. ___ Ownership of $2,500 or more of the fair market value of the business entity. ___ Funds received from the business entity exceed 10% of my income for the previous year. Real property is involved and I have an equitable or legal ownership with a fair market value of at least $2,500. ___ None of the above. A relative of mine has substantial interest in the business entity or property that would be affected by my decision of the public body of which I am a member. Other: _____________________________________________________ Upon the filing of this affidavit with the City of Southlake, Texas, I affirm that no relative of mine, in the first degree by consanguinity or affinity as defined in Chapter 573 of the Texas Government Code, is a member of the public body which took action on the agreement. Signed this ________ day of ___________________________, 20____. ________________________________ Signature of Official/Title Brandon Taylor Artist Contract Page 20 of 23 BEFORE ME, the undersigned authority, this day personally appeared ________________________________ and on oath stated that the facts hereinabove stated are true to the best of his/her knowledge or belief. Sworn to and subscribed before me on this ______ day of _______________________, 20___. ________________________________ Notary Public in and for The State of ___________ My commission expires: ____________ Brandon Taylor Artist Contract Page 21 of 23 EXHIBIT “E” Brandon Taylor Artist Contract Page 22 of 23 Brandon Taylor Artist Contract Page 23 of 23