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HomeMy WebLinkAboutContract 58378-A1CITY SECRETARY �„ nr•T NO. 3 FIRST AMENDMENT TO CITY SECRETARY CONTRACT NO. 58378 This First Amendment to City Secretary Contract No. 58378 ("First Amendment") is entered into by and between the City of Fort Worth ("City"), a home -rule municipal corporation of the State of Texas, acting by and through its duly authorized Assistant City Manager, and Cummings Electrical LP ("Vendor"), acting by and through its duly authorized Contracts Manager. The City has designated the Arts Council of Fort Worth & Tarrant County, Inc. DB/A Arts Fort Worth ("Contract Manager") to manage this Agreement on the City's behalf. WHEREAS, on October 27, 2022, the City and Vendor entered into a vendor services agreement (City Secretary Contract No. 58378) whereby Vendor agreed to provide specific services for the purpose of assisting with the repair and maintenance of a public artwork titled Flight installed in the Hemphill Connector ("Agreement"); WHEREAS, City approved in an Emergency Purchase Memorandum an amount up to $10,000.00 to identify and repair issues; WHEREAS, the Compensation amount in the Agreement was originally set at $9,000.00 based on anticipated required repairs, and subsequently the Vendor made repairs and identified additional issues that require attention; WHEREAS, City wishes to amend the compensation in the Agreement to match the total amount allowable pursuant to the Emergency Purchase Memorandum; WHEREAS, the compensation amount in the Agreement will now be $10,000.00, which includes the original $9,000.00 agreement amount and the remaining $1,000.00 allowable pursuant to the Emergency Purchase Memorandum; NOW THEREFORE, in consideration of the mutual covenants herein expressed, the Parties agree to amend the Agreement as follows: I. Section 3.2 of the Agreement shall be amended and replaced in its entirety with the following: "3.2 Total payment made under the Agreement by City shall be an amount up to TEN THOUSAND DOLLARS AND NO CENTS ($10,000.00). The amount under this section shall not obligate City to pay the full amount and shall not be construed as a guaranteed amount payable to Vendor. Payment from City to Vendor shall be made on an FFT. L RECORD Page 1 of 3 Execution Copy ECRETARY ORTH, TX invoice basis following receipt of a signed invoice with adequate deliverables provided at submission of invoice, all in a form acceptable to City." II. All other terms, provisions, conditions, covenants, and recitals of said Agreement not expressly amended herein, including but not limited to Sections 3.1 through 3.4, shall remain in full force and effect. 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 TIF image, or a signature, shall be treated as and shall have the same effect as an original. (Signature page follows) Execution Copy Page 2 of 3 ACCEPTED AND AGREED: CITY OF FORT WORTH By:Gyv� Fernando Costa Assistant City Manager Date: 7 0012023 01 CUMMINGS ELECTRICAL LP By: Bobby Cook Contracts Manager Date: 6-29-2023 CONTRACT COMPLIANCE MANAGER By signing, I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performanc nd reporting requirements. Jennifer Conn, Public'Art Collection Manager Arts Council of Fort Worth & Tarrant County, Inc. APPROVED AS TO FORM AND LEGALITY: By: %may 96cC&d, Trey Quaffs Assistant City Attorney ATTEST: rMR0��.. Contract Authorization: Form 1295: M&C: N/A Execution Copy OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Page 3 of 3 FORTWORTH C10 RI �1) TUL 10'23 Ai+9: Routing and Transmittal Slip FWLab Fort Worth Public Art DOCUMENT TITLE: Vendor Services Agreement between the City of Fort Worth and Greenscape Pump Services M&C CPN CSO # 58378 AM1 DOC#, DATE: TO: 1. Trey Qualls, Assistant City AttorneyS� INITIALS DATE: OU 23 2. ACM Fernando Costa C '1102023 3. Jannette Goodall, City Secretary 4. 5. 5. DOCUMENTS FOR CITY MANAGER'S SIGNTURE: All documents received from any and all City Departments requesting City Manager's signature for approval MUST BE ROUTED TO THE APPROPRIATE ACM for approval first. Once the ACM has signed the routing slip, David will review and take the next steps. NEEDS TO BE NOTARIZED: ❑ Yes ❑X No RUSH: ❑ Yes ❑ No X SAME DAY: ❑ Yes ❑ No NEXT DAY: ❑ Yes XE] No ROUTING TO CSO: ❑X Yes ❑ No Action Required: ❑ As Requested ❑ For Your Information X❑ Signature/Routing and or Recording ❑ Comment ❑ File ❑ Attach Signature, Initial and Notary Tabs Return to: Please email a copy of the fully executed contract to: Jennifer Conn, Public Art Collection Manager, Arts Fort Worth at iconn .artsfortworth.orq Thank you!