HomeMy WebLinkAboutContract 55035-A1 CSC No.55035-A1
AMENDMENT NO. 1
TO
CITY OF FORT WORTH CONTRACT 55035
This Amendment is entered into by and between the City of Fort Worth (hereafter
"City"), a home-rule municipality, with its principal place of business at 200 Texas Street, Fort
Worth, Texas, and Abigail Branch("Performer"). City and Performer shall be referred to
individually as a Party and collectively as the Parties.
WHEREAS, on December 14, 2020, the Parties have previously entered into City
Secretary Contract 55035 (the"Agreement"); and
WHEREAS, the Agreement was executed for Performer to provide the City a series of
online virtual programs focusing on building self-discovery entitled, "Finding Strength Through
Focus" ("Performance"); and
WHEREAS, the Agreement was set to begin on January 13, 2021 ("Effective Date")
and to expire on February 10, 2021 ("Expiration Date"); and
WHEREAS, the Parties wish to amend the Agreement to reschedule Performances,
allow for on premise broadcast, and to add insurance requirements as stated below.
NOW, THEREFORE, the Parties, acting herein by and through their duly authorized
representatives, enter into the following agreement:
1.
AMENDMENTS TO AGREEMENT
The following terms are hereby amended to replace the referenced terms in the
Agreement and shall be binding and enforceable as if they were originally included therein.
A. Section I. TIMELINE OF PERFORMANCE. is hereby amended and replaced in its
entirety with the following:
1. The Performer agrees to provide a series of online virtual programs focusing on
building self-discovery entitled, "Finding Strength Through Focus" to the City
("Performance"). The Performance shall occur at the date and time specified in Attachment
A ("Performance Dates"), unless changed in accordance with this Agreement. Dates and
times may be rescheduled by written mutual agreement of the Parties in writing within 30
days and any such additional performance shall be subject to the terms and conditions of
this Agreement as though the performance was included on Attachment A at the time of
execution.
2. If the Performer cannot support a Performance as specified in Attachment A then
the City may terminate this Agreement without penalty. The City shall have sole discretion
to determine any rescheduled Performance date.
B. Section II. TERM. is hereby amended and replaced in its entirety with the following:
OFFICIAL RECORD
CITY SECRETARY
CSC 55035 Amendment 1
FT. WORTH, TX
This Agreement shall begin on February 20, 2021 ("Effective Date") and shall expire on
April 24, 2021 ("Expiration Date"), unless terminated earlier in accordance with this
Agreement.
C. Section IV.PERFORMER'S OBLIGATIONS. is hereby amended and replaced in its
entirety with the following:
1. Performer agrees to provide multiple 120 minute online presentations in a series of
online virtual programs focusing on building self-discovery entitled, "Finding Strength Through
Focus" ("Performance").
2. Performer agrees that the Performance will be held at the Central Library located
at 500 West Third Street,Fort Worth,Texas according to the schedule in Attachment A. Performer
shall arrive at the Central Library and log-in to the City's virtual platform no later than 30 minutes
prior to the Start Time of the Performance Date as specified in Attachment A. In the event that
Performer will not be able to arrive on the Performance Date,the Performer agrees to contact Katie
Combs at(817) 392-2380 as soon as the Performer is aware of such delay.
3. Performer agrees that the Performance will be an online event using City's licensed
webinar solution.
4. Performer shall provide a computer and any software needed to remotely join and
deliver the Performance utilizing the City's online webinar environment. Performer agrees to use
the Internet access provided by the City at the Central Library.
5. The Performer shall sign up as an official City vendor via the City of Fort Worth
website no later than the February 20, 2021.
D. Section V. CITY'S OBLIGATIONS. is hereby amended and replaced in its entirety
with the following:
1. City agrees to designate a representative to coordinate all services to be performed
pursuant to this Agreement.
2. City will provide the necessary access and licenses to host the Performance online.
3. City will provide space at the Central Library for the Performance.
E. Section XXXL INSURANCE, as outlined below, is hereby added to the Agreement:
During the term of this Agreement,the Performer shall maintain in full force and effect, at
her own cost and expense,Commercial General Liability Insurance in at least the minimum
amount of $1,000,000 per occurrence with an annual aggregate limit of not less than
$2,000,000, and the City shall be named as an additional insured on the insurance policy.
The Performer shall be responsible for any and all wrongful or negligent acts or omissions
CSC 55035 Amendment 1 Page 2 of 6
of its employees and agents and for any causes of action arising under strict liability.
Additional Insurance Requirements:
1. Certificates of Insurance evidencing that the Performer has obtained all required
insurance shall be delivered to the City prior to Performer proceeding with the Agreement.
2. Applicable policies shall be endorsed to name the City an Additional Insured
thereon, as its interests may appear. The term City shall include its employees, officers,
officials, agents, and volunteers as respects the Contracted services.
3. Certificate(s) of Insurance shall document that insurance coverage specified herein
are provided under applicable policies documented thereon.
4. Any failure on part of the City to request required insurance documentation shall
not constitute a waiver of the insurance requirements.
5. A minimum of thirty (30) days' notice of cancellation or material change in
coverage shall be provided to the City. A minimum ten(10)day notice shall be required in
the event of non-payment of premium. Such terms shall be endorsed onto the Performer's
insurance policies. Notice shall be sent to Department of Risk Management, City of Fort
Worth, 1000 Throckmorton Street, Fort Worth, Texas 76102.
a. Insurers for all policies must be authorized to do business in the state of
Texas or be otherwise approved by the City; and, such insurers shall be acceptable
to the City in terms of their financial strength and solvency.
b. Deductible limits, or self-insured retentions, affecting insurance required
herein shall be acceptable to the City in its sole discretion; and,in lieu of traditional
insurance, any alternative coverage maintained through insurance pools or risk
retention groups must be also approved. Dedicated financial resources or Letters of
Credit may also be acceptable to the City.
C. Applicable policies shall each be endorsed with a waiver of subrogation in
favor of the City as respects the Contract.
d. The City shall be entitled, upon its request and without incurring expense,
to review the Performer's insurance policies including endorsements thereto and,
at the City's discretion;the Performer may be required to provide proof of insurance
premium payments.
e. The Commercial General Liability insurance policy shall have no
exclusions by endorsements unless the City approves such exclusions.
f. The City shall not be responsible for the direct payment of any insurance
premiums required by the Agreement. It is understood that insurance cost is an
allowable component of Performer's overhead.
g. All insurance required above shall be written on an occurrence basis in order
to be approved by the City.
h. Subcontractors to the Performer shall be required by the Contractor to
maintain the same or reasonably equivalent insurance coverage as required for the
Performer. When subcontractors maintain insurance coverage, Contractor shall
provide City with documentation thereof on a certificate of insurance.
CSC 55035 Amendment 1 Page 3 of 6
Notwithstanding anything to the contrary contained herein, in the event a
subcontractor's insurance coverage is canceled or terminated, such cancellation or
termination shall not constitute a breach by the Performer of the Agreement.
F. Attachment A-Performance Dates. is hereby amended and replaced in its entirety, as
attached to this Amendment.
3.
ALL OTHER TERMS SHALL REMAIN THE SAME
All other provisions of the Agreement which are not expressly amended herein shall
remain in full force and effect.
4.
ELECTRONIC SIGNATURE
This Amendment may be executed in multiple counterparts, each of which shall be
an original and all of which shall constitute one and the same instrument.A facsimile copy
or computer image, such as a PDF or tiff image, or a signature, shall be treated as and shall
have the same effect as anoriginal.
(signature pagefollows)
CSC 55035 Amendment 1 Page 4 of 6
ACCEPTED AND AGREED:
CITY OF FORT WORTH:
CONTRACT COMPLIANCE MANAGER:
�? By signing I acknowledge that I am the person
responsible for the monitoring and administration
By: 1 of this contract,including ensuring all
Manya Shorr performance and reporting requirements.
Library Director
Date: Jan 9, 2021 �S� Q
By:
APPROVAL RECOMMENDED: Timothy Shidal
Administrative Services Manager
j , - APPROVED AS TO FORM AND LEGALITY:
By: l
Marilyn Marvin
Assistant Library Director � Ul
ATTEST: C�°FOR?��a Jessika Williams
a�o °0O Assistant City Attorney
0—0 o�d Ordinance No.24161-04-2020
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By: U �'f is
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y � °°°°°°°°°°°°� a CONTRACT AUTHORIZATION:
Mary J.Kayser Paz nexp`�4a4� M&C:
City Secretary 1295:
PERFORMER:
b1AGlL�9-alfGh
By:
Abiga Branch(Jan 8,202113:30 CST)
Name: Abigail Branch
Title: Performer
Date: Jan 8, 2021
OFFICIAL RECORD
CITY SECRETARY
CSC 55035 Amendment 1
FT. WORTH, TX
ATTACHMENT A
PERFORMANCE DATES
PERFORMANCE DATE START TIME SESSION TITLE
February 20, 2021 3:00—5:00 p.m. Focus on The Present:
Exploring Who I Am
February 27, 2021 3:00—5:00 p.m. Focus on Past Experience:
Discovering Big Wisdom
March 6, 2021 3:00—5:00 p.m. Focus on Next Steps:
Living Into My Gifts
CSC 55035 Amendment 1 —Attachment A Page 6 of 6