HomeMy WebLinkAboutContract 53297-A1 CITY SECRETARY
"nt,,TRACT NO. .53a9 7:&J
FIRST AMENDMENT TO CITY SECRETARY CONTRACT NO.53297
AGREEMENT BETWEEN THE CITY OF FORT WORTH
AND VIRGINIA FLECK FOR PRELIMINARY DESIGN OF
PUBLIC ART FOR ROSEMONT PARK
This FIRST AMENDMENT TO THE CITY SECRETARY CONTRACT NO. 53297("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 through Fernando Costa, its duly authorized Assistant
City Manager, and Virginia Fleck, an individual, located at 1900 Larchmont Drive, Austin, Texas 78704.
City has designated the Arts Council of Fort Worth and Tarrant County, Inc., to manage this Agreement
on its behalf.The Contract Manager shall act through its designated Public Art project manager.
WHEREAS,on December 19, 2019,the City and Artist entered into City Secretary Contract No.
53297, an agreement for Preliminary Design of public art for Rosemont Park("Agreement");
WHEREAS, upon meeting with the Project Core Team, it was determined that the Artist should
make a third trip to Fort Worth to attend a community event in Spring 2020;
WHEREAS, it is the collective desire of both City and Artist to increase the total contract
amount and amend payment schedule to reflect the cost for three separate trips to Fort Worth.
NOW, THEREFORE, City and Artist, for and in consideration of the covenants and agreements
hereinafter set forth,the sufficiency of which is hereby acknowledged, agree as follows:
I.
The parties wish to revise Article 2 of the Agreement titled"Scope of Services and Deliverables",
Section 2.1.i to read as the following:
i. Artist shall make a minimum of three (3) trips to Fort Worth for meetings and presentations as
indicated above. Additional trips if required may be negotiated and agreed upon in writing by
City and Artist.
OFFICIAL RECORD
First Amendment to Fort Worth City Secretary Contract No. 53297 CITY SECRETARY
FT. WOR`rkofX
II.
The parties wish to revise Article 3 of the Agreement titled "Compensation and Payment
Schedule" to increase funding for a total contract amount of$9,897.00. Sections 3.1 and 3.2 are deleted
in their entirety and replaced with the following:
"11. Compensation.
Total compensation to Artist under the Agreement shall be in an amount up to NINE THOUSAND,
EIGHT HUNDRED NINTY-SEVEN DOLLARS AND NO CENTS ($9,897.00)which shall constitute
full compensation for any and all costs associated with the Agreement, including, but not limited to
engineering and consulting, travel (see Section 2.1(i)), an Artist's fee of$7,397.00, and all other services
performed and materials furnished by Artist under this Agreement. Artist and City may amend this
Agreement to allow for additional payment if additional services are required.
3.2. Payment Schedule.
a. City agrees to pay Artist in the following installments set forth below, each installment to
represent full and final, non-refundable payment for all services and materials provided prior to
the due date thereof:
i. ONE THOUSAND, FIVE HUNDRED DOLLARS AND NO CENTS ($1,500.00) within
thirty(30) calendar days upon execution of this Agreement.
it. ONE THOUSAND, FIVE HUNDRED DOLLARS .AND NO CENTS ($1,500.00) after
Artist meets with Project Core Team and other stakeholders to gather input prior to
Preliminary Design development.
In. ONE THOUSAND, FIVE HUNDRED DOLLARS AND NO CENTS ($1,500.00) within
thirty (30) calendar days after Artist attends a public event associated with Las Familias de
Rosemont.
iv. ONE THOUSAND, FIVE HUNDRED DOLLARS AND NO CENTS ($1,500.00) within
thirty (30) calendar days after Artist submits all Preliminary Design Deliverables required
under Article 2.3 of this Agreement.
V. ONE THOUSAND, FIVE HUNDRED DOLLARS AND NO CENTS ($1,500.00) within
thirty(30) calendar days after Artist makes a presentation(s) of the Preliminary Design to the
FWAC,the Project Core Team,and other Project Stakeholders.
vi. ONE THOUSAND, THREE HUNDRED NINTY-SEVEN DOLLARS AND NO
CENTS ($1,397.00)within thirty(30)calendar days after City's approval of the Preliminary
Design.
First Amendment to Fort Worth City Secretary Contract No. 53297
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vii. An engineering allowance of up to ONE THOUSAND DOLLARS AND NO CENTS
($1,000.00) for preliminary consultation as needed. Such payment shall be made for actual
services rendered only and upon receipt of an invoice from Artist with the original invoice(a
retainer fee of up to 50%is allowed) for such services attached.
III.
Funds previously paid to Artist prior to this First Amendment shall apply towards the total
compensation paid to Artist.
IV.
All other terms, provisions, conditions, covenants and recitals of said Agreement not expressly
amended herein shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment in Fort Worth, Tarrant
County, Texas, this ltt& day of/4-A , 2020.
CITY OF FORT WORTH ARTIST
By: By: %Im�" —
Fernando Costa Virginia Fleck
Assistant City Manager Artist
CONTRACT COMPLIANCE MANAGER
By signing,I acknowledge that I am the person responsible
for the monitoring and administration of this contract, including
ensuring all performance and reporting requirements.
Michelle Richardson
Public Art Project Manager
APPROVED AS TO FORM AND LEGALITY:
By:
Matthew Murray
Assistant City Attorney I OFFICIAL RECORD
CITY SECRETARY
First Amendment to Fort Worth City Secretary Contract No. 53297 F.I. WO6 o TX
Q: Q
ATTEST A. .
By: U
M,a Kayser
Y ,
City Secretary
Contract Authorization:
N/A
OFFOCIA1 RECORD
CITY SECRETARY
fFT°„ WORTH, TX
First Amendment to Fort Worth City Secretary Contract No. 53297
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