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HomeMy WebLinkAboutContract 49099-A1 CITY SECRETARY C CONTRACTNO. [ FIRST AMENDMENT TO FORT WORTH CITY SECRETARY CONTRACT NO. 49099 This First Amendment is made between the City of Fort Worth ("FORT WORTH"), a municipal corporation, acting herein by and through Jesus J. Chapa, its duly authorized Assistant City Manager and Greenscape Pump Services, Inc. (the "Contractor"), and acting by and through Deb Chapman, its duly authorized Director. The City has designated the Arts Council of Fort Worth & Tarrant County, Inc., to manage this Agreement on its behalf. WHEREAS, on May 24, 2017, the City and Contractor entered into Secretary Contract ("CSC") No. 49099 whereby Contractor agreed to provide services agreement assisting with the care and maintenance of the Public Art Collection (the "Agreement"); WHEREAS, the City and Contractor have entered into several addenda related to the services provided under the Agreement including CSC No. 49099 ADI and CSC No. 49099 AD2; WHEREAS, City wishes to provide for unexpected services related to the Agreement; and WHEREAS, it is the collective desire of both City and Contractor to amend the Agreement to increase the total allowable compensation which will allow for additional services; NOW THEREFORE, KNOWN ALL BY THESE PRESENT: Fort Worth City Secretary Contract No. 49099 is hereby amended to be effective on April 2, 2018 by: 1. Replacing Article three (3) of the Agreement to read as follows: "3. COMPENSATION. The City shall pay Contractor an amount not to exceed Twenty-One Thousand Dollars and No Cents ($21,000.00) annually in accordance with the provisions of this Agreement, Exhibit B, and Exhibit C. If any conflict exists between Exhibit B and Exhibit C, the terms of Exhibit C shall control. Payment from the City to the Contractor shall be made on an invoice basis following receipt of a signed invoice with adequate deliverables provided at submission of invoice, all in a form acceptable to the City. Contractor shall not perform any additional services for the City not specified by this Agreement unless the City requests and approves in writing the additional costs for such services. The City shall not be liable for any additional expenses of Contractor not specified by this Agreement unless the City first approves such expenses in writing." 2. Replacing Exhibit "C" Compensation and Payment Schedule Sections 1(a) and 1(c) of the Agreement to read as follows: "a. The City shall pay Contractor an amount not to exceed Twenty-One Thousand Dollars and No Cents ($21,000.00) annually for all services performed under this Agreement in accordance with the provisions of this Agreement, subject to the additional cost exceptions set First Amendment to Fort Worth City Secretary Contract No.49099 Execution Copy 3/2 /dFFIC�A„II��ORD forth in Sections 1.2 and 1.3 of this Agreement. Any additional cost exceptions set forth in Section 1.2 and 1.3 of this Agreement that cause the total Agreement amount to exceed Twenty- One Thousand Dollars and No Cents ($21,000.00) shall require an amendment to this Agreement." "c. Contractor will bill City for additional services, equipment, materials, any other supplies, and shipping and handling (collectively "Items") ordered by Contractor at a rate not to exceed 35% above cost for the Items approved by City in advance of purchase. Contractor will not bill City for tax pursuant to Contractor's use of Exhibit D as outlined in section 1.2 of this Agreement." 3. All other terms, provisions, conditions, covenants and recitals of said Agreement not expressly amended herein shall remain in full force and effect. ACCEPTED AND AGREED: CITY OF FORT WORTH GREENSCAPE PUMP SERVICES, INC. By: By: ka—1 2 ' Jesus J. Chapa Deb Chapman Date Assistant City anager Director �I j —i 1a '` Date: CONTRACT COMPLIANCE MANAGER By signing, I acknowledge that I am the person responsible fort itoring and administration of this contract, including ring all performance and reporting requirements. Jen fer Conn Pu is Art Collection Manager s Council of Fort Worth APPROVED A 'TO FORM AND LEG Y: By: Jessica Sangsvan OF FoAssistant City Attorney A ATTEST: 4 OFFICIAL RECORD! MJ. Wayser CITY SECRETARY City Secretary FT.WORTHo TX First Amendment to Fort Worth City Secretary Contract No. 49099 Execution Copy 4/23/18 2of2 Contract Authorization: Form 1295: NA M&C: NA Date Approved: First Amendment to Fort Worth City Secretary Contract No.49099 Execution Copy 4/23/18 3 off