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HomeMy WebLinkAboutContract 54857-A1 CSC No.54857-A1 AMENDMENT NO. 1 TO CITY OF FORT WORTH CONTRACT 54857 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 TRND MEDIA,LLC ("Performer"). City and Performer shall be referred to individually as a Party and collectively as the Parties. WHEREAS, on November 17, 2020, the Parties entered into City Secretary Contract 54857 (the "Agreement"); and WHEREAS, the Agreement was executed for Performer to participate both in a recording session for the Amplified New Year's Eve program("Event")as well as an online event highlighting local Fort Worth artists to be broadcast between January 1, 2021 and July 31, 2021 ("Secondary Event"); and WHEREAS, the Agreement was set to begin on December 1, 2020 ("Effective Date") and expire on July 31, 2021 ("Expiration Date"); and WHEREAS, the Parties wish to amend the Agreement to reschedule the Performance and adjust the obligations of both the Performer and the City. 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 participate in a recording session to be broadcast between March 1, 2021 and July 31, 2021 ("Performance"). The recording session will take place at the City between March 1, 2021 and March 31, 2021,with a definite date and time to be scheduled between the Parties ("Recording Date"). If the Performer cannot participate in the recording session by March 31, 2021 ("Final Recording Date"), then the City may terminate this Agreement without penalty. 2. The Performer agrees that the Performance will be broadcast by the City between March 1, 2021 and July 31, 2021 ("Broadcast Date"). B. Section IV.PERFORMER'S OBLIGATIONS. is hereby amended and replaced in its entirety with the following: OFFICIAL RECORD CITY SECRETARY CSC 54857 Amendment 1 FT. WORTH, TX 1. Performer agrees to participate in a recording session and to allow City videographers permission to capture video recordings of the Performer and to use those recordings for the term of this Agreement. The video recording session will last about 120 minutes. 2. Performer agrees to participate in a recording session for one promotional video that will be approximately fifteen(15) seconds in length. The recording of this promotional video will be at the same time as the recording of the Performance. 3. Performer shall supply all musical and performance instruments, music, and personnel required for the Performance. 4. Performer shall obtained all necessary consents, permissions, licenses, and other documents from any artists, composers,musicians,recording companies,musician unions or other labor unions, copyright owners, or others with any interest in the Performance, at Performer's sole cost and expense and will indemnify and hold City harmless from and against any and all claims, suits, threats, demands, actions, and causes of action brought directly or indirectly by any such Ply 5. The Performer shall be solely responsible for the payment of any subcontractors including additional musicians. Performer expressly acknowledges and agrees that City is contracting only with Performer and that Performer is solely responsible for any subcontractors, payment thereof, and for any damages or liability incurred by subcontractors. 6. Performer agrees that the Performance will be recorded at the Central Library located at 500 W Third Street, Fort Worth, Texas between March 1, 2021 and March 31, 2021, with a date and time to be scheduled between the Parties. 7. Performer agrees to participate in a staged photograph session and to allow City photographers permission to take headshots and to use those items in marketing materials for the term of this Agreement. The photography session will last about 60 minutes on the same date as the Performance. 8. Performer agrees to provide current biographies and permission to use those items in marketing materials for the term of this Agreement. 9. Performer agrees to participate in a pre-recorded Question/Answer session with a Music Librarian. The Q&A session will last about 30 minutes. 11. Performer agrees that the City will have final authority over the production and final broadcasting of the Performance for the term of this Agreement. 12. Performer shall sign up as an official City vendor via the City of Fort Worth website no later than March 1, 2021. C. Section V. CITY'S OBLIGATIONS. is hereby amended and replaced in its entirety with the following: CSC 54857 Amendment 1 Page 2 of 4 1. City agrees to designate a representative to coordinate all services to be performed pursuant to this Agreement. 2. City will provide the video recording and sound amplification equipment along with the personnel necessary to record the Performance. 3. City will provide the digital photography equipment along with the personnel necessary to capture Performer headshots. 4. City will provide a Music Librarian to lead the Question/Answer session with the Performer. 5. City will provide staging of the Central Library for the Performance. 6. City will provide the necessary access and licenses to host the Performance online. 7. City will script, direct, produce, and oversee the Performance. 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 54857 Amendment 1 Page 3 of 4 ACCEPTED AND AGREED: CITY OF FORT WORTH: CONTRACT COMPLIANCE MANAGER: n By signing I acknowledge that I am the person responsible for the monitoring and administration By: of this contract,including ensuring all Manya Shorr performance and reporting requirements. Library Director Date: Mar 1, 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 y aa�44oR aa B ATTEST: A pF00 00000 y d� Jessika Williams p �(��t�� Assistant City Attorney 2t� duo s=� Ordinance No.24161-04-2020 y Uzi �o B U �a �r 000000 qp CONTRACT AUTHORIZATION: n XA.�bb Mary J.Kayser M&C: City Secretary 1295: PERFORMER: qM,,; BY• Averi Buri(Feb 27,2021 13:09 CST) Averi Burk,TRND MEDIA,LLC Musical Artist Date: Feb 27, 2021 OFFICIAL RECORD CITY SECRETARY CSC 54857 Amendment 1 FT. WORTH, TX