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HomeMy WebLinkAboutContract 44363-A21 aril(`( SECRVIf COINTRACT RVV, L - SECOND AMENDMENT TO CITY SECRETARY CONTRACT NO* 44363 AGREEMENT BETWEEN THE CITY OF FORT WORTH AND TINA MCINTIRE This SECOND AMENDMENT TO CITY SECRETARY CONTRACT NO. 44363 ("Second 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 its duly authorized Assistant City Manager ("City"), and Tina McIntire, an individual residing at 4520 Almeria Road, Fort Worth, Texas 76114 ("Artist"). WHEREAS, on April 16, 2013, the City and Artist made and entered into City Secretary Contract No. 44363 (the "Agreement"), and the City designated the Arts Council of Fort Worth and Tarrant County, Inc., as its Contract Manager; WHEREAS, on January 27, 2014, the City and Artist executed the First Amendment to the Agreement, City Secretary Contract No. 44363-A1 ("First Amendment") to amend the payment terms of the Agreement, WHEREAS, under the Agreement, Artist was to fabricate and install a Hazel Harvey Peace Commemoration mural on the East Wall of the Hazel Harvey Peace Center for Neighborhoods located at 818 Missouri Avenue, Fort Worth, Texas 76114; WHEREAS, City's payments were not made in accordance with the terms of the First Amendment, and City wishes to correct the payment schedule again to reflect actual payments made; WHEREAS, Artist has completed the mural and stored it at an ofF site location located at 1932 Dartmoor CRT, Fort Worth, Texas 76110; WHEREAS, Artist is unable to install the Artwork under the original terms of the Agreement; WHEREAS, it is the collective desire of both City and Artist to amend the Agreement to allow for such revisions to the payment schedule and to allow City to complete the installation of the Artwork. NOW THEREFOR, KNOWN ALL BY THESE PRESENT: Fort Worth City Secretary Contract No. 44363 is hereby amended to be effective on December 16, 2014 by: I. Replacing Article 2.2(a) of the Agreement to read as follows: "a. Artist shall perform all services and shall furnish all supplies, materials, and equipment as necessary for fabrication or the Work for the Site cP�.,;�P� eholl >,A Second Amendment to CSC 44363 Execution Copy OFFICIA�.XCORD performed in a professional manner and in strict compliance with all terms and conditions in this agreement." II. Deleting Article 2.2(g) in its entirety. Replacing Articles 2.5(c) — (g) of the Agreement to read as follows: "c. Artist shall allow City to transport and install the Artwork and shall coordinate the transit and installation schedule with City and Contract Manager. d. City shall issue a Notification of Acceptance before the Artwork is transported to the Installation Site. e. Should Artist complete the Worlc in advance of the completion of the Site, Artist shall store the Work at no expense to City until such a time as the Site is completed and the Contract Manager notifies Artist that installation may commence. f. City shall be responsible for all costs associated with the transit and installation of the Work, including, but not limited to, equipment rentals, transportation, and labor. g. Upon City's request, prior to installation of the Work, Artist shall consult with a qualified art conservator and provide to Contract Manager written instructions for appropriate maintenance and preservation of the Work on the form attached hereto as Exhibit "C" (Technical and Maintenance Record). The appropriate maintenance and preservation instructions shall not be substantially different from the maintenance and preservation anticipated and conveyed to City for the Work in the final design phase for the Work." IV. Replacing Compensation and Payment Schedule of the Agreement to read as follows: " 3.1. Compensation Second Amendment to CSC 44363 2 of4 Execution Copy 12/IS/14 Total compensation to Artist under the Agreement shall be FIFTEEN THOUSAND ONE HUNDRED DOLLARS AND NO CENTS ($15,100.00), which shall constitute full compensation for all serviced to be performed and materials to be furnished by Artist under this Agreement, including, but not limited to, fabrication, transportation, installation, Artist's fee, insurance, incidental costs, and any other costs associated with the Work. The Parties 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. SEVEN THOUSAND SEVEN HUNDRED FIFTY DOLLARS AND NO CENTS ($7,750.00) upon execution of this Agreement. ii. THREE THOUSAND ONE HUNDRED FIFTY DOLLARS AND NO CENTS ($,3,100.00) upon Contract Manager's verification of [50%] fabrication. iii. THREE THOUSAND ONE HUNDRED DOLLARS AND NO CENTS ($3,100.00) upon the Contract Manager's verification that the Work is complete. iv. ONE THOUSAND ONE HUNDRED FIFTY DOLLARS AND NO CENTS ($1,150.00) within thirty-five (35) days after Final Acceptance and receipt by City of such documentation it may require concerning payment of services and supplies rendered to Artist; provided, however, that final delivery shall not be tendered prior to the expiration of thirty (30) days after Final Acceptance." V. Funds previously paid to the Artist prior to this Second Amendment shall apply toward the total amount paid to the Artist under the Agreement. VI. All terms, provisions, conditions, covenants and rentals of said Agreement, including the remaining terms that are not expressly amended pursuant to this Second Amendment shall remain in full force and effect. Second Amendment to CSC 44363 Execution Copy 12/15/14 VII. All terms in this Second Amendment that are capitalized but not defined shall have the meanings assigned to them in the Agreement. IN WITNESS WHEREOF, the parties hereto have xecuted four copies of this Second Amendment in Fort Worth, Texas, this 15 kday of , 2014. CITY OF FORT WORTH By: (,erA� Fernando Costa Assistant City Manager APPROVED AS TO FORM AND LEGALITY: J Assist�it�City Attorney No M&C Required Second Amendment to CSC 44363 Execution Copy 12/15l14 TINA MCINTIRE '. L) f 4