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HomeMy WebLinkAboutContract 44187-A1 (2)CITY SECRETARY CONTRACT NO. �i� I��" FIRST AMENDMENT TO CITY SECRETARY CONTRACT NO.44187 AGREEMENT BETWEEN THE CITY OF FORT WORTH AND KEN O'TOOLE D/B/A ARTWORKS DFW FOR ARTWORK DESIGN ACQUISITION AND FABRICATION CONSULTATION FOR THE MARINE PARK POOL PUBLIC ART PROJECT This FIRST AMENDMENT TO CITY SECRETARY CONTRACT NO. 44187 ("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 Samuel Kenneth O'Toole, d/b/a ARTworks DFW, located at 6624 Monterrey Drive, Fort Worth, Texas 76112. WHEREAS, on February 19, 2013, the City and Artist made and entered into City Secretary Contract No. 44187 (the "Agreement"), and the City designated the Arts Council of Fort Worth and Tarrant County, Inc., as its Contract Manager; WHEREAS, under the Agreement, Artist agreed to sell the Artwork Design to the City for the purpose of allowing the City to fabricate the Artwork through a separate agreement with a professional fabrication company, Tesserae Mosaic Studio, Inc., WHEREAS, the Agreement also stipulated that the Artist act as a consultant to the fabricator to ensure that the integrity of his Artwork Design is preserved throughout the fabrication, delivery, and installation process; WHEREAS, the Agreement set forth separate payment obligations for the Artwork Design and the consultation services, with the Artist being paid $2,000.00 for the Artwork Design within thirty days after the Effective Date and $2,300.00 for the consultation services within 35 days after installation of the Work at the Site; WHEREAS, the City has timely paid the Artist in full for the Artwork Design; WHEREAS, the fabrication process has been significantly delayed with the Artist representing that he has consulted through 70% completion of the fabrication process to date; WHEREAS, City wishes to revise the payment schedule to compensate Artist for his consulting services to date, with the total amount to be paid to Artist remaining the same; and WHEREAS, it is the desire of Artist and City to revise the payment installment schedule to reflect Artist's services to date. NOW, THEREFORE, City and Artist, in consideration of the mutual covenants and agreements contained herein, do mutually covenant and agree that the Agreement is amended as follows: I. The parties wish to revise Article 4.1 — "Compensation" of the Agreement to revise the payment installment schedule for the fabrication consultation services. Article 4.1 is being adjusted to reflect payment to the Artist for his services completed to date with the remaining payment to be made per the terms of the Agreement. Section 4.1 is hereby amended to read as follows: First Amendment to CSC 44187 RECEIVE© JUL -92093 FFICIAL RECORD "4.1. Compensation a. City shall pay Artist a total of TWO THOUSAND THREE HUNDRED DOLLARS AND NO CENTS ($2,300.00) for all costs associated with the services to be performed and materials to be furnished by Artist under this Agreement, excluding the cost to acquire the Artwork Design stated in Article 2. City shall pay Artist in the following installment set forth below, each installment to represent full and final, non-refundable payment for all services and material provided prior to the due date thereof: i. ONE THOUSAND SIX HUNDRED TEN DOLLARS AND NO CENTS ($1,610.00) upon the Contract Manager's verification that Artist has consulted with fabricator through 70% of the fabrication. ii. SIX HUNDRED NINETY DOLLARS AND NO CENTS ($690.00) within thirty-five (35) days after installation of the Work at the Site." II. Funds previously paid to the Artist prior to this First Amendment shall apply toward the total amount paid to the Artist under the Agreement. All terms and conditions of the Agreement that are not expressly amended pursuant to this First Amendment shall remain in full force and effect. IV. All terms in this First Amendment that are capitalized but not defined shall have the meanings assigned to them in the Agreement. IN WITNESS WHEREOF, the parties hereto have executed four copies of this First Amendment in Fort Worth, Texas, this 2�"J day of �v �y CITY OF FORT WORTH sy: Assistant City Manager APPROVED AS TO FORM AND LEGALITY: Tyler W First Amendment to CSC 44187 KEN O'TOOLE ATTEST: IvIary7. K�y� City Secretary