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HomeMy WebLinkAboutContract 52962-A1 CITY SECRETARY i r,(7�;TRACT No. 5a a-fir �$P FIRST AMENDMENT TO CITY SECRETARY CONTRACT NO. 52962 AGREEMENT BETWEEN THE CITY OF FORT WORTH AND DOOEUN CHOI FOR CURATORIAL CONSULTING FOR THE PIONEER TOWER ICONIC PUBLIC ART PROJECT This FIRST AMENDMENT TO CITY SECRETARY CONTRACT NO. 52962 ("Amendment") is made and entered into by and between the City of Fort Worth, a home-rule municipal corporation of the State of Texas ("City"), acting by and through Fernando Costa, its duly authorized Assistant City Manager, and Doo Eun Choi ("Curatorial Consultant"), located at 170 East 80th Street, 5th Floor,New York,NY, 10075. 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, Curatorial Consultant was placed under a Curatorial Consulting Agreement (Fort Worth City Secretary Contract No. City Contract No. 52962, executed September 20, 2019) ("Agreement"); WHEREAS, Curatorial Consultant's recommendation of Project Artists for the Pioneer Tower Iconic Public Art Project was approved by the Fort Worth Art Commission on May 18, 2020, and the Fort Worth City Council authorized their Artwork Commission Agreements on June 23,2020; WHEREAS, in accordance with the terms of the current agreement (Section 2.2.iii.), Curatorial Consultant has submitted a Curatorial Implementation Proposal to work with Project Artists to realize their proposals for the Pioneer Tower Iconic Public Art Project,including providing technical expertise and coordination with Project Planning Consultants and technical teams,up to and including the premier event at which the Project Artists' projection mapping videos currently scheduled for February 26—28,2021; WHEREAS, in accordance with section 2.3 of the Agreement, "Additional Services", City desires that the Curatorial Consultant provide additional Curatorial Implementation Services in order to ensure the Project's successful completion by allowing Curatorial Consultant to be actively involved in the production and presentation of the Project Artists' work; and OO:FICIAfl.RECORD CITY SECRETARY First Amendment to Agreement Between the City of Fort Worth and EXECUT O)ff* ,}VOTX DooEun Choi for the Pioneer Tower Iconic Public Art Project age"`�1 0 7 WHEREAS,the parties would like to now amend the Agreement to(1)update the Curatorial Consultant's address; (2) make an amendment to the definition of"Work" and add an additional definition for "Project Artists" to Article 1, "Definitions" of the Agreement; (3) include the above mentioned Curatorial Implementation Services as part of the Agreement's Scope of Work.; and (4) amend Section 3.1 ("Fee")to account for the increased compensation required for the additional work. NOW, THEREFORE, City and Curatorial Consultant for and in consideration of the covenants and agreements hereinafter set forth, the sufficiency of which is hereby acknowledged, amend the Agreement through this Amendment as follows: I. Preamble,Paragraph 1 and Article 12, "NOTICES" are hereby amended to delete Curatorial Consultant's old address (120 Riverside Boulevard,Apt. #5G,New York,NY, 10069) and replace it with Curatorial Consultant's new address as follows: 170 East 80t"Street, 5th Floor,New York,NY, 10075". II. Section 1. "Definitions"is hereby amended by deleting and replacing subsection 1.14, "Work" and adding an additional subsection (1.15.) as follows: 1.14. Work: Means and includes Preliminary and Final Curatorial Proposals of Artist(s) for the project, the Curatorial Implementation Proposal document and any PowerPoint presentations that are the subject of this Agreement, Curatorial Implementation Services after an Artist(s) have been selected, or any intermediary stage of completion of such works. 1.15. Project Artists: Means and includes Refik Anadol Studio LLC and Quayola Studio Ltd" First Amendment to Agreement Between the City of Fort Worth and EXECUTION COPY 11/16/20 DooEun Choi for the Pioneer Tower Iconic Public Art Project Page 2 of 7 III. Section 2. "Scope of Services and Deliverables for Curatorial Research and Artist Selection Process" is hereby amended by changing the name of Section 2 to "Scope of Services and Deliverables for Curatorial Research,Artist Selection,and Implementation"and adding the following language to Section 2.1, "Scope of Services"of the Agreement: g. After the services described above are complete, Curatorial Consultant will provide curatorial implementation services to assist Project Artists to produce their works for the Pioneer Tower Iconic Public Art Project premier event currently scheduled for February 26-28,2021 as follows: i. Curatorial Consultant will assist Project Artists in gathering necessary data for their Works by facilitating communication between Project Artists, Contract Manager, local Fort Worth area institutions and Project Artists' and Project Planning Curatorial Consultants' technical teams. ii. Curatorial Consultant will assist Project Artists to produce the First Draft of their Works,monitor the overall production schedules and provide regular schedule updates to Contract Manager. iii. Curatorial Consultant will assist the Project Artists' and Project Planning Curatorial Consultants' technical teams to prepare the test on site prior to the event by gathering specific technical requirements from the Project Artists and by facilitating communicating, both verbal and written, between the Project Artists, Contract Manager, Project Planning Consultants, and technical team. iv. Curatorial Consultant will attend the site test remotely to provide feedback and recommendations to ensure the visibility and clarity of the projection mapping videos when displayed on Pioneer Tower and, in a timely manner afterwards, provide a written report to Contract Manager summarizing such recommendations to Project Artists, Contract Manager and Project Planning Curatorial Consultants and technical team. First Amendment to Agreement Between the City of Fort Worth and EXECUTION COPY 11/16/20 DooEun Choi for the Pioneer Tower Iconic Public Art Project Page 3 of 7 v. Curatorial Consultant will assist the Project Artists to complete the final version of their Work, monitor the overall production schedules and providing regular schedule updates to Contract Manager. vi. Curatorial Consultant will organize Project Artists' travel to and from Fort Worth (expenses to be paid by Project Artists). vii. Collaborate with Contract Director on preparation of the publication and archiving of the premier event. viii. Curatorial Consultant will provide consultation to Contract Manager and Project Artists prior to the Premier Event and attend the event, if possible, to monitor technical aspects of the presentation of the Project Artists' Work. ix.As requested by Contract Manager, Curatorial Consultant will be available prior to and during the premier event to be interviewed by media and/or participate in a panel discussion about the project. V. Article 3.1. "Fee"in the Agreement is hereby deleted in its entirety and replaced with the following: 3.1. Fee. The City shall pay the Curatorial Consultant a fee in the amount of up to FIFTY-NINE THOUSAND FIVE HUNDRED NINETY-SEVEN DOLLARS AND EIGHTEEN CENTS $59,597.18), which shall constitute full compensation for all services and materials to be performed and furnished by the Curatorial Consultant under this Agreement. The Fee shall be paid in the following installments, each installment to represent full and final, non-refundable payment for all services and materials provided prior to the due date thereof: First Amendment to Agreement Between the City of Fort Worth and EXECUTION COPY 11/16/20 DooEun Choi for the Pioneer Tower Iconic Public Art Project Page 4 of 7 a. Two Thousand Dollars and No Cents ($2,000.00) within thirty (30) days after execution of this Agreement, recognizing that Curatorial Consultant has already invested time and expense in preliminary coordination with the City. b. Three Thousand Dollars and No Cents ($3,000.00) within thirty (30) days after Curatorial Consultant submits a Preliminary Curatorial Proposal with artists list to the Contract Manager for internal review and meets with the Project Core Team and presents recommended artists for the Pioneer Tower Iconic Public Art Project. C. Three Thousand Dollars and No Cents ($3,000.00) within thirty (30) days after Curatorial Consultant and recommended artists travel to Fort Worth to make a site visit and conduct research. d. Five Thousand Dollars and No Cents ($5,000.00) within thirty (30) days after Curatorial Consultant submits Final Curatorial Proposal including artists' conceptual proposals and makes a presentation to the FWAC and project stakeholders. e. Two Thousand Seven Hundred Sixty-Seven Dollars and Sixty Cents $2,767.60) within thirty (30) days after the City's approval of the Final Curatorial Proposal and Curatorial Implementation Proposal for the Pioneer Tower Public Art Project. f. A travel allowance of Eight Thousand Five Hundred Seventy-Nine Dollars and Fifty-Eight Cents ($8,579.58) for: (1.) Travel expenses for Project Artists' trip to Fort Worth for a Site visit and research in January 2020;and,(2.)Travel expenses for Curatorial Consultant's trip to Fort Worth for the premier of the Project Artists' artwork on the Site, currently scheduled for February 26-28,2021. Such payment will be made upon(i)receipt of supporting documentation by the Contract Manager from the Curatorial Consultant(see Section 2.3.(a)), and (ii) approval by the Contract Manager of the additional costs. g. Seventeen Thousand Six Hundred Twenty-Five Dollars and No Cents($17,625.00) within thirty(30)days after execution of this First Amendment and after Contract Manager verifies that the Project Artists' data collection for their artworks has been initiated. h. Ten Thousand Five Hundred Seventy-Five Dollars and No Cents ($10,575.00) within thirty (30) days after Contract Manager verifies that the Project Artists' data collection for their artworks is 100%complete. First Amendment to Agreement Between the City of Fort Worth and EXECUTION COPY 11/16/20 DooEun Choi for the Pioneer Tower Iconic Public Art Project Page 5 of 7 i. Five Thousand Two Hundred Eighty-Seven Dollars and Fifty Cents ($5,287.50) within thirty (30) days after Contract Manager verifies that the Project Artists' artworks are complete and ready to present at the premier event. j. One Thousand Seven Hundred Sixty-Two Dollars and Fifty Cents ($1,762.50) within thirty(30 days after the premier of Project Artists' Works on Pioneer Tower.) VI. Funds previously paid to Curatorial Consultant prior to this Amendment shall apply toward the total compensation paid to Curatorial Consultant. VII. All terms and conditions of the Agreement that are not expressly amended pursuant to this Amendment shall remain in full force and effect, and any undefined terms in this Amendment shall have the meaning provided in the Agreement. (Signature Page to Follow) First Amendment to Agreement Between the City of Fort Worth and EXECUTION COPY 11/16/20 DooEun Choi for the Pioneer Tower Iconic Public Art Project Page 6 of 7 IN WITNESS WHEREOF,the parties hereto have executed (his Amendment in Furl Worth, Texas,to be effective this /Nk day of Moyeo rb[e 2020_ CITY OF FORT tib'()RTII CURATORIAL CONSULTANT t by: by: A � Fernando Costa DooEun Choi Assistant City Manager CO TRACT COMPLIANCE MANAGER � By signing, I acknon4edge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting roquirements. J artle: artl�a I'etzr Title: Director ol'PuhlicArt Arts Council of Port Worth&Tarrant County, Inc. APPROVED AS TO FORM AND LEGALITY: Thomas Royce Hansen Assistant City Attorricy s. OR Form I295: not required "' j A r I K, r B Y: a j/? OFFICIAL RECORD CITY SECRETARY ar Kayser FT. WORTH TX City Secretary Vint Anwodment io Agrveinent Between the City of tort Worth imd I;XECIITION COPY 1 1!16r2t) Dooliun Choi for 11we Pioneer Tower Iconic Public Art Project Page 7 of 7