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CONTRACT NO
AMENDMENT TO CITY SECRETARY
CONTRACT NO.31310
WHEREAS, on February 7, 2005, the City of Fort Worth ("City") and Benito Huerta
("Artist") made and entered into City Secretary Contract No. 31310 (the "Contract") as
authorized by City Council (M&C C-20493) and the City designated the Parks & Community
Services Department(PCSD)as its Contract Manager;
WHEREAS, under the Contract Artist is to work collaboratively with the PCSD staff and
two Fort Worth area artists of his choosing to develop a catalog of design enhancements (the
"Artwork Design") for various park sites included in the 2004 CIP (the "Site"); and,
WHEREAS, City desires to expand Artist's scope of services to require that the Artist and
his artist team provide consultation related to the implementation of design enhancement
elements at four pilot park sites; and,
WHEREAS, the Artist requires additional funds to provide the expanded scope of
services; and,
WHEREAS, it the mutual desire of City and Artist to amend the Contract,
NOW, THEREFORE, City, whose address is 1000 Throckmorton Street, Fort Worth,
Texas 76102, acting by and through Libby Watson, its duly authorized Assistant City Manager,
and Benito Huerta, whose address is 1128 West Park Row Drive, Arlington, TX, do hereby agree
as follows:
I.
Section 1.1. Scope of ,rvices—General. This section is amended to add the following
subsection, to be read as follows:
"e: In order to promote the integrity of Artist's ideas as contained in the Parks Design
Enhancement Catalog, as approved by the City (M&C G-15251), Artist shall perform the
following services during the implementation of pilot projects at four. park sites (1) Como
Community Center, (2)Handley, (3) Summerfields Chisholm, and, (4)Tandy Hills:
i. Artist shall, at the request of the Parks & Community Services Department
(PCSD), attend and make public presentations of the four Park Design
Enhancement themes and individual elements at neighborhood meetings arranged
by PCSD for each of the four park sites listed above. Artist shall attend additional
meetings as may be required.
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Benito Huerta
ii. Artist shall provide consultation to PCSD on the location and number of
specific elements and appropriate color palettes for each park.
iii. Artist shall inspect the design enhancement elements during fabrication to
insure that the fabricator is following Artist's specifications for the design
enhancement elements.
iv. Artist shall provide consultation to PCSD during the installation of the
design enhancement elements."
II.
Section 2.1. Fixed Fee. This Section is amended to add the following language at the end of
Section 2.1,to be read as follows:
"In addition to the above described fixed fee, the City shall pay the Artist for services
rendered during the implementation of pilot design enhancements projects at four pilot
park sites in an amount not to exceed SEVENTY-FIVE HUNDRED DOLLARS AND
NO CENTS ($7,500) ("Consultation Fee"), which shall constitute full compensation for
all services rendered by the Artist under this Agreement, including travel expenses.
Artist shall invoice City for services monthly rendered based upon the following hourly
rates for Artist and Artist team members:
i. Artist- $100 per hour for a maximum of 60 hours ($6,000)
ii. Artist team members - $50 per hour for a maximum of 30 hours ($1,500)"
III.
Article 6 Equal Opportunity Article is hereby substituted,to be read as follows:
" a. The Artist shall not discriminate against any employee or applicant for
employment because of race, color, religion, sex, sexual orientation, disability, familial
status or national origin. The Artist shall take affirmative action to ensure that employees
are treated equally during employment, without regard to their race, color, religion, sex,
sexual orientation and national origin. Such action shall include but not be limited to the
following: Employment, upgrading, demotion, transfer, recruitment or pay or other forms
of compensations, and selection for training, including apprenticeship. The Artist agrees
to post in conspicuous places, available to employees and applications for employment,
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Benito Hu
notices to be provided by the City setting forth the provision of this nondiscrimination
clause.
b. The Artist shall in all solicitation or advertisements for employment
placed on or on behalf of the Artist, state that all qualified applicants shall receive
consideration for employment without regard to race, color, religion, sex, sexual
orientation, disability, familial status or national origin."
IV.
Article 7 MWBE Participation Article 7 is hereby substituted,to be read as follows:
Artist agrees to comply with Fort Worth City Code Chapter 20, Article 10, governing
minority and women business enterprises. Artist acknowledges its commitment to meet a
10% MWBE participation goal for minority business enterprises (MBE) and/or women
business enterprises (WBE) in this City contract. Artist agrees to furnish,documentation
of MBE/WBE participation deemed proper by the City of Fort Worth.
V.
Article 9 Miscellaneous Section 9.14 is hereby substituted, to be read as follows:
"9.14 Right to Audit. The Artist agrees that the City will have the right to audit the
financial and business; records of the Artist that relate to the Work (collectively
"Records") at any time during the Term of this Agreement and for three (3) years
thereafter in order to determine compliance with this Agreement. Throughout the Term
of this Agreement and for three (3) years thereafter, the Artist shall make all Records
available to the City on 1000 Throckmorton Street, Fort Worth, Texas or at another
location in the City acceptable to both parties following reasonable advance notice by the
City and shall otherwise cooperate fully with the City during any audit. Notwithstanding
anything to the contrary herein, this Section 8.16 shall survive expiration or earlier
termination of this Agreement."
All other terms and conditions of City Secretary Contract No. 31310 not amended herein
remain unaffected and in full force and effect, are binding upon the parties, and are hereby
ratified by the parties.
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Benito Huerta
IN WITNESS WHEREOF, the pa ies ereto ha executed four copies of this contract
amendment in Fort Worth, Texas,this day o , 2007.
AT EST- CI'TY O*FORT WORTH
By.
A941 City 'ecretary Li by Watson
Assistant City Manager
AP ROVED S TO FORM AND LEGALITY:
At
sistant City Attorn6
NO M&C REQUIIIFD BENITO HUERTA
CONTRACT AMENDMENT 1�, Page 4
Benito Huerta
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on 2007
by Libby Watson, Assistant City Manager, City of Fort Worth, on behalf of the City of Fort
Worth, Texas.
ROSELLA BARNES NOTARY PUBLIC, STATE OF TEXAS
My CcUmISSION EXPIRES
March 31,2009
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on (�� , 2007
by Benito Huerta.
Ll<ii�3�
OTARY PUBI IC, STATE OF TEXAS
�,ass�2
SEAN M.HAMILTON
* * Notary Public,State of Texas
�. My Comm.Expires May 4,2009
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Benito Huena --