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HomeMy WebLinkAboutContract 48818-A1 5 6 7 8 9 CITY SECRETARY roe CONTRACT N0. M ! 1O\41 JHt AMENDMENT TO CITY LICENSE AGREEMENT NO. 48818 AGREEMENT BETWEEN THE CITY OF FORT WORTH D SHARON PEAK(EXECUTRIX OF THE ESTATE OF GEORGE PEAK) 6 8 1 9 g his FIRST AMENDMENT TO CITY SECRETARY CONTRACT NO. 48818 ("First Amendment") is made and entered into by and between the City of Fort Worth, a home-rule municipal corporation of the State of Texas,acting by and through Fernando Costa, its duly authorized Assistant City Manager, and Sharon Peak, Executrix of the Estate of George Peak, with an address of 300 E. Mission Street, Crowley, TX 76036. The City has designated the Arts Council of Fort Worth and Tarrant County, Inc.,to manage this Agreement on its behalf. The Contract Manager shall act through its designated public art project manager. WHEREAS, City and Artist entered into City Secretary License Agreement No. 48818 ("Agreement") on March 9, 2017, whereby Artist provided City a license to use George Peak's Artwork Fort Worth in the 1960's for the East Lancaster Traffic Control Cabinets public art project; WHEREAS, a single Artwork is being licensed under this Agreement and the amount listed in the Payment Schedule reflected the amount for two artworks; WHEREAS,City and Artist wish to amend this Agreement to reflect the correct amount for a single Artwork license; NOW, THEREFORE, City and Artist for and in consideration of the covenants and agreements hereinafter set forth,the sufficiency of which is hereby acknowledged, agree as follows: I. In Article 2"License of the Artwork"amend sections 2.1 "Payment for Artwork"and 2.2"Payment Schedule"to reflect payment for licensing of a single artwork. Article 2, sections 2.1 and 2.2 are replaced in their entirety to be and read as follows: "2.1. Payment for Artwork. City shall pay Artist FIVE HUNDRED DOLLARS AND NO CENTS ($500.00) as full consideration for the license to use and display,and all rights,title,and interest to a high-resolution digital file of the original Artwork,except for any rights of copyright.City shall pay this amount to Artist within thirty days(30)after full execution of this Agreement by both Parties. Artist shall be responsible for all travel costs related to dedication of the Artwork. 2.2. Payment Schedule. City agrees to pay Artist in the following installments set forth below,each installment to represent full and final,non-refundable payment for all services and materials provided prior to the due date thereof: Amendment 1,Artwork License Agreement between the City of Fort Worth and lj,REC®RD Executrix of the Estate of George Peak(CSC#48818) WTV SECRETARY Execution Copy 6/21/17 Fe 1 of 2 a. TWO HUNDRED FIFTY DOLLARS AND NO CENTS ($250.00) upon execution of this Agreement. b. TWO HUNDRED FIFTY DOLLARS AND NO CENTS($250.00)within thirty(30)days after delivery of the Artwork." Il. Funds previously paid to the Artist prior to this First Amendment shall apply toward the total compensation paid to the Artist. III. All terms and conditions of the Agreement that are not expressly amended pursuant to this First Amendment shall remain in full force and effect. IN WITNESS HEREOF, the Parties hereto have executed this First Amendment to be effective March 9, 2017, as if incorporated into the Agreement on its Effective Date. CITY OF FORT WORTH ARTIST Cs Ka�eatl— by: Fernando Costa Sharon Peak Assistant City Manager Executrix of the Estate of George Peak Date: /2Z//7 Date: CONTRACT COMPLIANCE MANAGER By signing,I acknowledge C.at I am the person responsible for the monitoring and administration of this contract,including en r gall perfor ce and reporting requirements. Name:Anne Allen Title: Public Art Project Manager APPROVED S O FORM AND LEGALITY: By: Jessica Sangsv g Assistant City�A orney AT s OF FART By: �-�t - � �-- Ci;' ��.® EFFICIALD Ma K yser Y City Secretary ' Form 1295: Not Applicable M&C: Not Applicable Amendment 1,Artwork License Agreement between the City of Fort Worth and Sharon Peak, Executrix of the Estate of George Peak(CSC#48818) Execution Copy 6/21/17 Page 2 of 2