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City Secretary Contract No.-
FIRST AMENDMENT TO CITY SECRETARY CONr FIRAC'T NO. 42450
AGREEMENT BETWEEN THE CITY OF FORT WORTH AND, TOMMY
FITZPATRICK FOR FINAL DESIGN AND COMMISSION OF PUBLIC ART FOR THE
EASTABUTMENT WALL OF THE CLEARFORK MAINSTREET BRIDGE
This FIRST AMENDMENT TO CITY SECRETARY CONTRACT NO. 42450
("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 tluough Fernando Costa, its duly
authorized Assistant City Manager, and Tommy Fitzpatrick, an individual,, of 7300 Cooper Lane,
Austin,Texas 78745.
WHEREAS, on October 1�4, 2011, the Clity and Artist made and entered into City
Secretary Contract No. 42450 (the "Agreement"), and the City designated the Arts Council of
Fort Worth and Tarrant County, Inc. as, its Contract Manager;
WHEREAS,: under the Agreement, Artist was to, design, fabricate and install public art
for the east abutment,wall of the Clearfork Main Street Bridge;
WHEREAS, the original payment schedule does not meet the needs of the current
fabrication schedule; thus, creating a cash flow hardship for Artist; and
WHEREAS I it is the desire of Artist and City to, change the payment installment schedule
to meet the needs of the aforementioned fabrication schedule.
NOW. THEREFORE, City and Artist, in consideration of the mute .a covenants and
agreements contained herein, do mutually covenant and agree that the Agreement is amended as
follows:
The parties wish to revise Section 3.2 — "Payment Schedule" of the Agreement to change the
payment installment schedule. Prior Section 3.2.c of the Agreement is being split into two;
payments, which are reflected below as 3.2.c. and d. The substance of prior Section 3.2.d of the
Agreement is unchanged, but it will now be 3.2.e. due to the split in payment above.
3.2. Payment Schedule
4�c. TEN THOUSAND SIX, HUNDRED SIXTY DOLLARS AND NO
CENT,S. A$10,6160.90 i,
, I, upon the Contract Manager's verificat'on that th e
Work is at 50% fabrication.
First Amendment to CSC 42450 OFFICIAL RECOP*Do I of 3
Cl*rY SECRETARY I RECEIVED MAR 15 701�'
F�jj V
TO WORITHITX
IN WITNESS WHEREOF, the parties hereto have executed four copies, of this First
Amendment in Fort Worth,Texas,this day of 2013.
CITY OF FORT WORTH TOM"MY FITZPTRICK
By wo
Fernando Costa
Assistant City Manager
A,
APPROVED AS TO FORM AND LEGALITY.
Tyler Wallach
Assistant City Attorney
ATTEST-,
Mary J. Kayser.
City Secretaiy
First Amendment to(SC 42450 3 of 3
IN WITNESS WHEREOF, the parties, ere to have cuter: four copies of this First
Amendment in Fort Worth, Texas, this of 2013.
y –--m- if —
CITY OF FOR WORT 11 TOMMY FITZPATRICK
..........
By:
Fernando O;o7�ta
Assistant City Manager.
A .It
APPROVED AS T01 FORMA D LEGALITY:uul
Tyler W
Assist vt Ciltyv Attorney
y
ary J. Ka s
City Secretary 00�0000
JI
LOFFICIAL REcORD
at
CITY SECRETARY 3 of 3
First Arnendment to CSC 42450 F ,woIRTH9 TX