Fire Station 153 Artist Contract

City of Glendale — Regular Meeting (2026-05-12)

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Contract No. C-_________

This Artist Contract (“Agreement”), is entered into as of the 20th day of February, 2026 (“Effective
Date”), between Krista Hill dba DreamBox Art LLC, an Arizona limited liability company (“Artist”),
and the City of Glendale, an Arizona municipal corporation (“City”).

RECITALS

A. WHEREAS, the City requires certain public art services pursuant to the terms of this Agreement,
hereinafter called the “Artist’s Services,” as more specifically defined herein; and

B. WHEREAS, the trained personnel needed for such Artist’s Services are not available within the City;
and

C. WHEREAS, the City desires to retain the Artist to perform Artist’s Services for the City at Fire Station
153 site, located at 14061 N. 59th Avenue, Glendale, Arizona 85306 (the “Site”); and

D. WHEREAS, the Artist desires to provide Artist’s Services for the City.

NOW, THEREFORE, in consideration of these premises and of the mutual clauses and agreement herein
contained, and the performance thereof, the Artist and the City contract and agree as follows:

AGREEMENT

1. TERM.

1.1
This Agreement shall be effective on the date that this contract has been signed by both
parties, and, unless terminated earlier pursuant to such provisions in the Agreement, shall
extend until final acceptance of the Artwork by the City, or submission of final payment to
the Artist by the City, whichever is later. Extension of time of performance hereunder may be
granted upon the request of one party and the consent of the other thereto, which consent
shall not be unreasonably withheld. Such extension shall be in writing, signed by both parties.

1.2
Force Majeure. If either party shall be delayed or prevented from the performance of any act
required under this Agreement by an unforeseeable event, including delays in schedule not
caused by, beyond the control of and without fault of the Artist (financial inability excepted),
performance of that act shall be excused, but only for the period of the delay. The time for
performance of the act shall be extended for a period equivalent to the period of delay.

CITY OF GLENDALE PUBLIC ART AGREEMENT

2. ARTIST’S SERVICES. The Artist’s Services for the Artwork shall be as follows:

2.1
The Artist will design and fabricate original Artwork at the site of Fire Station 153 to
commemorate the historical significance of the Station. The area is located on N. 59th avenue
(see Exhibit A). The project site is located at the main foyer entrance to the station. The city
envisions artwork that will be limited to a maximum area of 15ft by 15ft, forming a point of
interest and pause for employees, and guests of the station. Arts Commission approved design
celebrates the rich history of the Fire Station on February 17th, 2026 (see Exhibit B).

For design, fabrication and installation of all public art elements, the artist must adhere to the
project timeline as presented to the Artist by the Arts & Culture staff. Artwork installation
must adhere to the designated areas and measurements as specified by the Arts & Culture
staff. Artist acknowledges Arts Commission approval of design is a requirement prior to
commencement of fabrication. The Artist will submit any construction documents, including
engineering stamps, required by the City in accordance with the City’s construction schedule.
Artist will contract with any and all fabricators required to create her artwork and provide City
staff, primarily Arts & Culture staff, access to review progress of fabrication. Artist will
contract with any and all installers required to install the Artwork and meet all City
requirements to work on-site.

2.2
The Artist shall report to Chris Taylor, Arts and Culture Administrator, or other staff as
directed in writing.

2.3
The Artist shall:
A.
Secure any and all required licenses, permits and similar legal authorization at the
Artist’s expense as may be necessary for the completion of the Artwork.
B.
Design and fabricate the Artwork in accordance with the Artist’s City-approved design
and subsequent discussions between the Artist and the City.
C.
Perform all services and furnish all supplies, materials, tools, labor, and equipment as
necessary for the design, fabrication, transportation, installation, and completion of
the Artwork. Services shall be performed in a professional manner and in strict
compliance with all terms and conditions in this Agreement including any scheduled
dates.
D.
Determine the artistic expression, design, dimensions and materials of the Artwork,
subject to review and acceptance by the City. The Artist will do so in a manner that
ensures that the Artwork as installed shall not interfere with the intended use of the
Site, pedestrian and other traffic flow, parking, safety devices and procedures, and
other needs and functions of the Site as defined by City.
E.
Be responsible for providing the Artist’s Services including, but not limited to, the
quality and timely completion of the Artwork without exceeding the total budget.
F.
Prior to the execution of any change in the approved design, present proposed changes
in writing to the City for further review and approval. The Artist must provide a
detailed description of any significant changes in the artistic expression, design,
dimensions or materials of the Artwork. A significant change is any change in the
concept of the Artwork as represented in the design or which materially affects
installation, scheduling, site preparation or maintenance of the Artwork.

G.
If the Artwork is being constructed on site, avoid creating nuisance conditions arising
out of the Artist’s operations.

2.4
The City shall have the right to review the Artwork at reasonable times during the fabrication
and installation thereof upon reasonable notice.

3. TERMS OF PAYMENT AND TIMELINE. The City shall pay the Artist according to the
following terms and conditions:

3.1
For all services described in this Agreement, the Artist shall receive a sum not-to-exceed
$20,000.00, which shall be all inclusive and payment in full for materials, labor, work, permits,
inspections, installation, travel, taxes, insurance and any other expenses needed to complete
the Artist’s Services and Artwork. Artist shall produce construction documents, if applicable,
for the completion of Artist’s Services. Payment for any sub-consultants to produce
construction documents, including the structural engineer and electrical engineer, shall be the
responsibility of the Artist.

3.2
Payments shall be paid in two installments. For each payment, the Artist shall submit an
invoice to Arts & Culture staff by emailing the invoice to ctaylor1@glendaleaz.com for labor
and services at intervals stipulated in this Section 3 of the Agreement (See Exhibit C for invoice
format). City will make payments within thirty (30) days of receipt of each invoice. Prior to
commencing work under this Agreement, the Artist shall submit to the City Insurance
documents as specified in Section 12.

A.
Initial payment - $10,000 (50%) - Shall be paid upon execution of this contract.
B.
Final payment - $10,000 (50%) - Shall be paid upon Artist’s completion and City’s
acceptance of 100% of the installed Artwork, estimated to be completed by August 30,
2026. The invoice shall be labeled as “final”. The final invoice submitted by the Artist
shall be submitted along with the Artistic, Technical and Maintenance Record set forth
in Exhibit D. Title and ownership of Artwork transfer to the City upon Artist’s receipt
of this final payment.

3.3
In the event Artist incurs costs in excess of the maximum compensation set forth in this
Section 3, Artist shall pay such excess from Artist’s own funds. City shall not be required to
pay any part of such excess and Artist shall not have any claim against City on account of any
cost overruns or delays.

3.4
If at any time the City, upon review of the Artwork, determines that the Artwork does not
conform to the approved final design or this Agreement, the City reserves the right to notify
the Artist in writing of the deficiencies and that the City intends to withhold the next payment
within 30 days of the determination. The Artist will have 30 days to cure the City’s objections
and will notify the City in writing of completion of the cure. If the Artist disputes the City’s
determination, within 15 days of Artist’s receipt of City’s notice, Artist shall notify the City in
writing. In such event, the City shall make reasonable efforts to resolve the dispute however,
final determination as to whether Artist has complied with the terms of this Agreement will
remain with the City.

3.5
The Artist shall notify the City in writing when all services as required of both Parties by this
Agreement have been completed in substantial conformity with the Design and contract
documents.

3.6
The City shall promptly notify the Artist in writing of its final acceptance of the Artwork. The
effective date of final acceptance shall be the date the City submits written notice to the Artist
of its final acceptance of the Artwork. Final determination as to whether all services have been
performed according to this Agreement shall remain with the City.

4. CONTROL. Artist’s Services described in Sections 2 and 3 shall be performed by the Artist. Any
work done by assistants, other persons or other means must be under the direct control and
supervision of the Artist. Quality of all work is subject to approval by the City.

5. RISK OF LOSS; DELIVERY AND INSTALLATION; INSTRUMENTALITIES.

5.1
Artist shall assume all risk of loss or damage to the Artwork prior to installation and
completion. The Artist shall take such measures as are reasonably necessary to protect the
Artwork from loss or damage. The Artist agrees to deliver and construct the Artwork free and
clear of any liens and claims arising from any source.

5.2
Artist shall deliver Artwork in good condition and shall control installation. In the event of
physical loss or damage to the Artwork prior to installation or completion, the Artist shall
rectify the loss or damage by repair, restoration, replacement or other appropriate means as
soon as possible at no additional cost to the City.

5.3
The Artist shall be required to inspect the Site prior to the transportation and installation of
the Artwork and shall notify the City of any adverse conditions that will impact the installation
of the Artwork and which need correction. Failure to do so by the Artist shall be deemed as
an acceptance of the conditions.

5.4
The Artist is responsible for timely installation of the Artwork. Artist may not install the
Artwork until authorized to do so by the City.

6. TITLE TO WORK; REMOVAL OR RELOCATION; WARRANTIES BY ARTIST.

6.1
Title to the Artwork and all work created by Artist’s Services under this Agreement will
become property of the City upon the Artist’s receipt of the final payment under this
Agreement. The City shall have the right to reproduce the Artwork as provided in this
Agreement and outlined in Section 7.

6.2
Notwithstanding any provision of law, including but not limited to VARA, the parties agree
that removal, destruction, or relocation of the Artwork may occur in accordance with the
City’s “Guidelines for Review and Disposition of Art.” Circumstances may arise that would
make it prudent or desirable for the City to remove the Artwork from public display. The
Parties hereby acknowledge that (i) the Artwork when installed shall be incorporated within
and made a part of the Project in such a way that removing the Artwork from the Project, or
destruction or modification of the Project, may cause the destruction, distortion, mutilation,
or other modification of the Artwork; and (ii) the Artwork shall be the property of the City.

The City agrees that it will not consent to intentional alteration, modification, change,
destruction of or damage to the Artwork without consulting the Artist; provided, however,
that notwithstanding the foregoing and the rights of integrity conferred by 17 U.S.C Section
106(A)(a) and any other similar rights granted by federal or state law the City shall have the
right, consistent with its ownership of the Artwork, to alter, modify, change, or destroy the
Artwork after reasonable consultation with the Artist. "Alteration" of the Artwork includes,
but is not limited to, a change in the interrelationship or relative locations of parts of the Work.

In the event of any alteration or damage, whether intentional, accidental, within or without the
control of the City or otherwise, the Artist shall have the right to disclaim authorship of the
Artwork; and upon written request of the Artist to the City shall remove the identification
plaque at its expense. The Artist may take such other action as he may choose in order to
disavow the Artwork. Because the Artwork is site specific, any alteration or removal without
the Artist's permission will effectively destroy the Artwork.

Notwithstanding the foregoing, and to the extent practicable, the Artist shall have the
opportunity to comment on all repairs to and restorations of the Artwork made during the
Artist’s lifetime. The City will give written notice to the Artist prior to undertaking repairs or
restoration of the Artwork, and the Artist shall have thirty (30) days from the date that the
notice is sent by the City to advise the City, as specified in the notice, of the Artist’s wish to
so comment. Notice will only be sent by the City to the address provided by the Artist, in
keeping with the Communications provision of this Agreement in Section 16. Artist
understands that the City’s repairs and restoration of the Artwork will be limited and
determined in significant part by funding decisions of the City, in which decisions Artist shall
have no say or control. If Artist is not available to comment on repairs or restoration, the City
agrees that any repairs and restorations will reasonably retain the Artist’s conceptual intent.

6.3
Warranties of Title: The Artist represents and warrants that:

A.
The Artwork is and will be the original product of Artist’s own creative efforts, is a
unique single edition and does not infringe on any third party’s copyrights or other
intellectual property rights or the rights of any person. The Artwork (or duplicate
thereof) has not been accepted for sale elsewhere;
B.
The Artist has not sold, assigned, transferred, licensed, granted, encumbered or utilized
the Artwork or any element thereof or any copyright related thereto which may affect
or impair the rights granted pursuant to this Agreement;
C.
The Artwork is free and clear of any liens from any source whatsoever.
D.
The Artist has the full power to enter into and perform this Agreement and to make the
grant of rights contained in this Agreement; and
E.
All services performed hereunder shall be performed in accordance with all applicable
laws, regulations, ordinances, etc. and with all necessary care, skill, and diligence.

6.4
These representations and warranties shall survive the termination or expiration of this
Agreement.

7. OWNERSHIP, INTELLECTUAL PROPERTY, AND REPRODUCTION RIGHTS OF
PUBLIC ARTWORK.

7.1
The Artist shall ensure that the design for the Artwork contains no material from other
artworks or other copyrighted material without the prior written permission of the owner of
such material where such other work is copyrighted or where such permission is otherwise
required.

7.2
Except in the event of a termination of this Agreement by the City or as otherwise provided
in this Agreement, the Artist retains: (i) all rights accruing under the Copyright Act of 1976,
17 U.S.C. § 106A, the Visual Artist Rights Act of 1990 ("VARA"); and (ii) all other rights
expressly granted in this Agreement, as well as any and all other intellectual property rights in
the Artwork, whether statutory or common-law, international, federal, state or local, except as
provided in this Agreement.

7.3
The Artist may at the Artist's expense cause to be registered, with the United States Register
of Copyrights, a copyright of the Artwork in the Artist's name. If such copyright is obtained,
the Artist shall provide the City with a copy of the application for registration, the registration
number, and the effective date of registration.

7.4
The Artist hereby grants the City a perpetual, non-exclusive, and royalty-free right and license
to use and display all work products produced under or as a result of this Agreement, and any
reproductions of such work products, and to loan such work products to other institutions
with authority to display it publicly, including use on the internet and other electronic formats.

7.5
The Artist hereby non-exclusively licenses and authorizes the City to make, and to authorize
the making of, photographs and other two-dimensional representations of any work products
that result from the provision of the Services provided for hereunder for educational, public
relations, arts promotional and other non-commercial purposes. For the purposes of this
Agreement, the following are among those deemed to be reproductions for non-commercial
purposes: brochures and pamphlets pertaining to the City; City-purchased advertising that
promotes programs and services of the City; reproductions in exhibition catalogues, books,
slides, photographs, postcards, posters, and calendars; reproductions on the internet and other
electronic formats; reproductions in art magazines, art books and art and news sections of
newspapers; reproductions in general books and magazines not primarily devoted to art but
of an educational, historical or critical nature; reproductions in slides and film strips not
intended for a mass audience; and reproductions on television from stations operated for
educational purposes or on programs for educational purposes from all stations. Whenever
possible, on any (or all) reproductions, the City will place a copyright notice in the form and
manner required to protect the copyright in the results of the Services, as applicable, compliant
with Section 401 of the Copyright Act of 1976 as amended, or any successor Act.

7.6
Notwithstanding the foregoing or any other provision of this Agreement, the City will own
the finished final Artwork and all models, mock-ups, and material samples created by the Artist
as part of the services provided by the Artist under this Agreement. The Artist hereby assigns
to the City all ownership, right (including copyright(s)), title, and interest in and to such
models, mock-ups, and material samples.

8. ARTIST’S WARRANTIES OF QUALITY AND CONDITION.

8.1
The Artist warrants to the City that the fabrication and installation of the Artwork will be
performed in a workmanlike manner and that the Artwork will be free of defects in
workmanship, fabrication, materials or installation, including inherent vice, and that the Artist
will, at the Artist’s own expense, remedy any defects found in the Artwork due to faulty
workmanship, fabrication, materials or installation for a period of two (2) years after the final
acceptance of the Artwork by the City. Artist shall repair or replace in the City’s sole discretion
and at no additional cost to the City any portion of the Artwork that is found to be defective
during the warranty period.

8.2
The Artist warrants to the City that the Artwork will not require maintenance substantially in
excess of that described in the maintenance recommendations to be provided by the Artist to
the City set forth in Exhibit D.

8.3
With the exception of damage due to vandalism or accident by any person other than the
Artist or persons under Artist’s employ, direction or supervision, the Artist warrants that the
Artwork will not contain any defect in design or construction including any defect which may
be a hazard or a danger to the health and safety of the public and further agrees to cooperate
in making or permitting adjustments to the work, if necessary, to eliminate hazards or potential
hazards which become apparent after the Artwork is accepted by the City.

8.4
The Artist represents and warrants that the Artwork and the materials used are not currently
known to be harmful to public health and safety.

8.5
Artists agrees that no work or services funded by this Agreement shall inhibit, promote, or
convey a religion, a political party or position, or a religious or political message or advocacy.

8.6
These representations and warranties shall survive the termination or expiration of this
Agreement.

9. MAINTENANCE AND REPAIRS. As a condition of and prior to final acceptance of the Artwork
by the City, the Artist will supply the City with maintenance instructions set forth in Exhibit D. The
City is responsible for the proper care and maintenance of the Artwork. The City agrees to ensure that
the work is maintained and protected to the extent practical. During the lifetime of the artwork the
Artist will supply at no cost to the Artist and at no charge to the City, advice as to problems arising in
relation to maintenance of the Artwork.

The City shall make every reasonable effort to consult with the Artist concerning repairs to the
Artwork. To the extent practical, the Artist shall be given the opportunity to accomplish repairs at a
reasonable fee. The City reserves the right to obtain competitive bids and to choose the highest quality
and least expensive vendor for all repairs and restoration.

10. LICENSES AND TAXES; COMPLIANCE WITH LAW.

10.1
No payroll or employment taxes of any kind shall be withheld or paid with respect to payments
to Artist.

10.2
The Artist shall comply with all applicable federal, state and local laws, rules and regulations,
and executive orders governing equal employment opportunities, non-discrimination and

immigration including compliance with Immigration Reform and Control Act of 1986 as well
as with all other regulations, restrictions and requirements, including business permits and
licenses of any kind that may be required to perform the work required under this Agreement,
during the term of this agreement, which are applicable to the Artist's work and shall obtain
and keep in effect, at the Artist's own cost and expense, all necessary licenses, permissions and
permits. The Artist further agrees to the foregoing provisions in all subcontracts hereunder,
except subcontracts for standard commercial supplies or raw materials. Any violation of such
provisions shall constitute a material breach.

11. INDEMNIFICATION.

11.1
To the fullest extent permitted by law, the Artist shall defend, indemnify and hold harmless
the City, its agents, officers, officials, employees and volunteers from and against all claims,
damages, losses and expenses (including but not limited to attorney's fees, court costs, cost of
litigation, and the costs of appellate proceedings), arising out of, or alleged to have resulted
from the wrongful, negligent, or willful acts, errors, mistakes, omissions, work, services, or
professional services of the Artist, its agents, employees, or any other person in connection
with this Agreement. It is the Artist's duty to hold harmless and indemnify the City, its agents,
officers, officials, employees and volunteers for any claim for damage, loss or expenses that is
attributable to bodily injury, sickness disease, death, or injury to, impairment, or destruction
of any person or property, including loss of use resulting there from, caused by any negligent
acts, errors, mistakes, omissions, work, services, or professional services in the performance
of this Agreement by the Artist or any employee of the Artist, or any other person (not the
City) for whose negligent acts, errors, mistakes, omissions, work, or services the Artist may be
legally liable. Notwithstanding any provision of this Agreement to the contrary, no Party shall
recover from the other Party to this Agreement in an action, of whatever nature, in contract
or tort, any consequential or incidental damages, lost profits, or any type of expectancy
damages. The amount and type of insurance coverage requirement set forth herein will in no
way be construed as limiting the scope of indemnity in this paragraph. The Artist is responsible
for primary loss investigation, defense and judgment costs where this indemnification applies.
In consideration of the award of this Agreement, the Artist agrees to waive all rights of
subrogation against the City, its agents, officers, officials, employees and volunteers for losses
arising from or related to this Agreement.

11.2
Artist also agrees to protect, defend, indemnify and hold City, its officers, agents and
employees harmless from any action, claim, suit or liability based on a claim that work
performed under this Agreement by Artist, or Artist’s agents or Artist’s subcontractors
constitutes an infringement of any patent, copyright, trademark, trade name or other
proprietary right of any party.

11.3
This Section 11 shall survive the termination or expiration of this Agreement.

12. INSURANCE. The Artist must obtain and maintain the following insurance (“Required Insurance”):

12.1
Commercial General Liability - Occurrence Form

The policy must include bodily injury, property damage and broad form contractual liability
coverage.

• General Aggregate: $4,000,000

• Products - Completed Operations Aggregate: $2,000,000

• Personal Injury: $2,000,000

• Each Occurrence: $2,000,000

a. The policy must be endorsed to include the following additional insured language:
"The City of Glendale is named as an additional insured with respect to liability
arising out of the activities performed by, or on behalf of [the Artist]".

b. Artist's subcontractors shall be subject to the same minimum requirements
identified above.

12.2
Other Insurance Provisions. The CGL policy is to contain, or be endorsed to contain, the
following provisions:
a. The City, its officers, elected, officials, employees, and volunteers are to be covered as
additional insured’s with respect to liability arising out of the use of the Location,
including work or operations performed by or on behalf of the Artists and materials,
parts, or equipment furnished in connection with such work or operations.

b. For any claims related to this Agreement, the Artist’s insurance coverage will be the
primary insurance and any insurance or self-insurance maintained by the City shall be
excess of the Artist’s insurance and shall not be considered or applied as contributory.

c. The Insurance Company agrees to waive all rights of subrogation against the City for
losses paid under the terms of any policy covering the facility rental or any activities
of the Artists, his guests, agents, representatives, employees or subcontractors. This
provision applies whether or not the City has received a waiver of subrogation
endorsement from the insurer.

12.4
Claims Made Policies – If any coverage required is written on a claims-made coverage form:
1. The retroactive date must be shown, and this date must be before the execution date of the
contract or the beginning of contract work.
2. Insurance must be maintained and evidence of insurance must be provided for at least five
(5) years after completion of contract work.
3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy
form with a retroactive date prior to the contract effective, or start of work date, the Artist
must purchase extended reporting period coverage for a minimum of five (5) years after
completion of contract work.

4. A copy of the claims reporting requirements must be submitted to the City for review.

12.5
Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of no less than A: VII,
unless otherwise acceptable to the City.

12.6
Waiver of Subrogation
Artist hereby agrees to waive rights of subrogation which any insurer of Artist may acquire
from Artist by virtue of the payment of any loss. Artist agrees to obtain any endorsement that
may be necessary to affect this waiver of subrogation. The Workers’ Compensation policy

shall be endorsed with a waiver of subrogation in favor of the City for all work performed by
the Artist, its employees, agents and subcontractors.

12.7
Verification of Coverage
Artist shall furnish the City with original certificates and amendatory endorsements, or copies
of the applicable insurance language, effecting coverage required by this contract. All
certificates and endorsements are to be received and approved by the City before work
commences. However, failure to obtain the required documents prior to the work beginning
shall not waive the Artist’s obligation to provide them. The City reserves the right to require
complete, certified copies of all required insurance policies, including endorsements, required
by these specifications, at any time. Such certificates shall be sent to:

City of Glendale, Arizona
Office of Arts and Culture
5752 W. Glenn Drive
Glendale, AZ 85301
Phone (623) 930-3557
Publicart@glendaleaz.com

12.8
Subcontractors
Artist shall require and verify that all subcontractors maintain insurance meeting all the
requirements stated herein, and Artist shall ensure that City is an additional insured on
insurance required from subcontractors.

12.9
Special Risks or Circumstances
City reserves the right to modify these requirements, including limits, based on the nature of
the risk, prior experience, insurer, coverage, or other circumstances.

13. INDEPENDENT CONTRACTOR; WORKERS’ COMPENSATION. The Artist is engaged
as an independent contractor and will be responsible for any federal, state and local taxes and fees
applicable to payment. The Artist is an independent business and holds services out to the public as a
separate business entity from the City and is not in business for the purpose of providing services
solely to the City. The Artist and its subcontractors and employees are not employees of the City and
are not eligible for any benefits through the City, including without limitation of federal social security,
health benefits, workers’ compensation, unemployment compensation, and retirement benefits. The
Artist shall not hold himself out as an authorized agent of the City with the power to bind in any
manner.

14. E-VERIFY, RECORDS AND AUDITS. To the extent applicable under A.R.S. § 41-4401, the
Contractor warrant their compliance and that of its subcontractor with all federal immigration laws
and regulations that relate to their employees and compliance with the E-verify requirements under
A.R.S. § 23-214(A). The Contractor or subcontractor’s breach of this warranty shall be deemed a
material breach of the Agreement and may result in the termination of the Agreement by the City
under the terms of this Agreement. The City retains the legal right to randomly inspect the papers and
records of the other party to ensure that the other party is complying with the above-mentioned
warranty. The Contractor and subcontractor warrant to keep their respective papers and records open
for random inspection during normal business hours by the other party. The parties shall cooperate
with the City’s random inspections, including granting the inspecting party entry rights onto their

respective properties to perform the random inspections and waiving their respective rights to keep
such papers and records confidential.

15. SAFETY. The Artist shall be solely and completely responsible for conditions on any job site over
which he has oversight responsibility, including the safety of all persons (including employees) and
property during performance of the work. This requirement shall apply continuously and not be
limited to normal working hours. Safety provisions shall conform to all applicable federal (including
OSHA), state, county and local laws, ordinances, codes and regulations. Where any of these are in
conflict, the more stringent requirement shall be followed. The Artist's failure to thoroughly
familiarize himself with the aforementioned safety provisions shall not relieve Artist from compliance
with the obligations set forth therein.

16. COMMUNICATIONS. Any communications and/or deliverables required under this Agreement
shall be deemed sufficiently given when personally delivered or mailed via US Certified Mail, return
receipt requested, and addressed as follows (or to any other address agreed upon in writing by both
parties):

To City:
City of Glendale, AZ

Economic Development

5752 W. Glenn Drive

Glendale, Arizona 85301

publicart@glendaleaz.com

With Copy to: City of Glendale

City Attorney

6829 N. 58th Drive

Glendale, Arizona 85301

To Artist:
Krista Hill

9626 N. 27th Street

Phoenix, AZ 85028

krista@dreamboxart.com

17. DISPUTE RESOLUTION. In the event of a dispute concerning this Agreement, the parties will
meet in good faith to attempt to resolve the dispute. Both parties hereby waive any right to a jury trial
which they may otherwise have in the event of litigation arising out of this Agreement or the subject
matter thereof and consent to a trial to the court.

18. RIGHT OF TERMINATION.

18.1
The City and the Artist hereby agree to the full performance of the covenants contained herein,
except the City reserves the right, at its discretion, to terminate or abandon all or any part of
the Artist’s Services and/or Artwork at any time.

18.2
In the event the City shall terminate or abandon the service or any part of the services as herein
provided, the City shall notify the Artist in writing, and immediately after receiving such notice,
the Artist shall discontinue advancing work under this Agreement and proceed to close said
operations under the Agreement. The Artist shall appraise the services completed prior to

notification of termination and submit an appraisal to the City for evaluation. The City shall
have the right to inspect the Artist's work to appraise the services completed. The City will
not pay more than the corresponding progress payment set forth above for the percentage of
work completed to that point in time for the corresponding progress payment. The Artist shall
deliver to the City all Artwork-related work, including copies of photographs, drawings,
concepts, plans, reports, calculations, writing and computer disks, created and prepared by the
Artist specifically for this Artwork together with all unused materials supplied to the Artist by
the City or from funds paid by the City.

18.3
In the event of such termination or abandonment, the Artist shall be paid for services
performed and materials ordered or purchased, prior to receipt of said notice of termination.
The City shall make final payment within thirty (30) days after the Artist has delivered the last
of the completed and/or partially completed items, all Artwork-related materials and a final
invoice for the final fee that has been agreed upon by both parties.

18.4
In the event this Agreement is terminated or abandoned, the City may make use of the
completed or partially completed work for this Artwork for the uses for which it was intended.
Any use of incomplete work for this Artwork by the City following termination without
specific written authorization by the Artist will be without responsibility or liability to the
Artist.

18.5
In the event this Agreement is terminated, the City shall have the option of completing the
Artwork or entering into an Agreement with another party for the completion of the work.

18.6
In the event of death or incapacity of Artist this Agreement shall automatically terminate.
Neither the Artist nor the estate of Artist shall have any further right to perform hereunder
and shall cede control of the Artwork. The City will pay the Artist or the estate of Artist the
compensation payable for any Artist’s Services rendered prior to such termination not
heretofore paid, reduced by the amount of additional costs which will be incurred by the City
by reason of such termination.

18.7
The Artist shall have the right to cancel the Agreement within thirty (30) days after notice in
writing to the City for non-payment.

18.8
This Agreement may be canceled pursuant to the provisions of ARS 38-511.

19. ENTIRE AGREEMENT; WAIVER; SEVERABILITY; NO ISRAEL BOYCOTT.

19.1
This Agreement shall constitute the entire agreement between the parties hereto. No oral
representation has been made by any of the parties. This Agreement may not be amended,
changed, modified or rescinded except in writing signed by all parties hereto and any attempt
at oral modification of this Agreement shall be void and of no effect.

19.2
The waiver by any party of a breach or violation of any term of this Agreement by the other
party shall not operate or be construed as a waiver of any subsequent breach.

19.3
If any term, covenant, condition or provision of this Agreement, or the application thereof to
any person, party, or circumstance, shall to any extent be held by a court of competent

jurisdiction to be invalid, void or unenforceable, the remainder of the terms, covenants,
conditions or provisions of this Agreement, or the application thereof to any person, party, or
circumstance, shall remain in full force and effect and shall in no way be affected, impaired or
invalidated thereby.

19.4
To the extent A.R.S § 35-393 through § 35-393.03 are applicable, the parties hereby certify
that they are not currently engaged in, and agree for the duration of the Agreement to not
engage in, a boycott of goods or services from Israel, as that term is defined in A.R.S § 35-
393.

20. SUCCESSORS AND ASSIGNS. Artist shall not assign this Agreement, in whole or in part, or any
right or obligation, without the prior written approval of the City. The Artist’s Services required of
the Artist are personal and shall not be assigned, sublet, or transferred unless prior written consent is
given by the City. The City shall have the right to assign or transfer any and all of the City’s rights and
obligations under this Agreement.

21. GOVERNING LAW AND VENUE. This Agreement shall be governed by and construed under
the laws of the State of Arizona and any court actions related to this Agreement shall be filed in
Maricopa County, Arizona.

[Signatures appear on following page.]

This Agreement shall be in full force and effect only when it has been executed by the duly authorized
representatives of the Artist and the City.

CITY OF GLENDALE,

an Arizona municipal corporation

____________________________________

Trent Dutry

Interim Director Economic Development

ATTEST:

____________________________________
Julie K. Bower
City Clerk
(SEAL)

APPROVED AS TO FORM:

____________________________________
Michael D. Bailey
City Attorney

ARTIST,

____________________________________

Krista Hill dba DreamBox Art LLC,
An Arizona limited liability company

EXHIBIT A
Fire Station 153 Site

EXHIBIT B
Final Design
Approved by Arts Commission on 2/17/26

EXHIBIT C
APPROVED FORMAT FOR INVOICES

INVOICE

TO:

City of Glendale, AZ
Office of Arts and Culture
5752 W. Glenn Drive
Glendale, AZ 85301

Attn: Chris Taylor

FROM:
Artist Name

Company

Address

City/State/Zip

Telephone and Email

DATE:
Date of invoice

RE:

Name of Project

INITIAL PAYMENT (use for first invoice)
FINAL PAYMENT (use for second invoice)

AMOUNT:
Amount of payment

EXHIBIT D
ARTISTIC, TECHNICAL AND MAINTENANCE RECORD
(To be submitted to Arts & Culture staff with final invoice)

1. General Information

Artist(s) Name:

Title of artwork:

Location:

General description of artwork:

2. Artist’s Statement about Artwork – To be used for publicity about the artwork.

3. Artwork Information – In depth information for overall Artwork and for each individual
element.

Medium and Description of Materials (include materials thickness, welding rod alloy or joint
material, casting alloy, wax body, glass or fiber type)

Special Methods Utilized in Execution of Artwork (welding or joint method, technique or
construction method – attach fabrication drawings)

Material Finish (glaze, paint color and type, sanding grit, tool pattern, patina, surface sealer)

Installation Method(s) (foundation installation structure, bolt/pin size, grout)

Placement of Artwork (cautions regarding sunlight, heat, etc)

4. Vendors/Parts/Storage – include supplier’s name, address and phone number, description for
all components of Artwork; attach copies of manufacturer specifications whenever possible.

5. Regular Maintenance Schedule – include cleaning agents and recommended cleaning
procedure, yearly maintenance schedule for the entire Artwork and recommended procedure to
check any electrical or mechanical parts that are integrated in this work.

6. Special Considerations and/or Additional Pertinent Information

7. Plaque Text

Artist(s) Name

Title of Artwork & Year Completed

City of Glendale Public Art Program