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Home My WebLink AboutContract 54522-A1 CITY SECRETARY r. .''TRACT K10. O . FIRST AMENDMENT TO CITY SECRETARY CONTRACT NO. 54522 Jai �p� AGREEMENT BETWEEN THE CITY OF FORT WORTH AND � yS f QUAYOLA LTD FOR COMMISSION OF PUBLIC ART FOR PIONEER TOWER This FIRST AMENDMENT TO CITY SECRETARY CONTRACT NO. 54522 ("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 Quayola Ltd("Artist"),a foreign limited company. City has designated the Arts ouncil 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, Artist was placed under an Artwork Commission Agreement (City Secretary Contract No. 54522,executed September 18,2020)("Agreement")to implement Chapters 1 "Tiees Laser Scanning"and Chapter 3 "Computational Animal Paintings"of his proposal for projection mapr ing video to be projected onto the facades of Pioneer Tower; WHEREAS,in accordance with the terms of the current Agreement(Section 2.4.d.),wh ch states, "In the event additional funds become available in a timely manner, it is the intent of the City to amend this Agreement to commission an additional chapter of the Work included in the Proposal as"Chapter 2" ("Computational Landscape Paintings") that was not included in this Agreement" and similar language was included in Mayor& Council Communication#20-0438, which authorized execution of the current Agreement; WHEREAS,subsequent to the execution of the Agreement with the Artist, Contract Manager has secured grants from the National Endowment for the Arts and the Texas Commission on the Arts to support the premier of the Work during a free community event centered around the Pioneer Tower Iconic Public Art Project, making it possible for City to expend its project funds to commission hapter 2 "Computational Landscape Paintings"at this time; WHEREAS, the parties now wish to amend the Agreement to: (1) include a new definition of "Work" under Section 1.16 which will incorporate Chapter 2 "Computational Landscape Paintings" of First Amendment to Agreement Between the City of Fort Worth and OFFICIAL RECORD, 12/23 20 Quayola Ltd for the Pioneer Tower Iconic Public Art Project CITY SECRETARY ]'age 1 f 4 FL WORTH,TX the Artists original proposal; and (2) replace the fee and payment schedule of the Agreement t account for the increased compensation required for the additional work. NOW, THEREFORE, City and Artist for and in consideration of the covenants and a eements hereinafter set forth,the sufficiency of which is hereby acknowledged, amend the Agreement thiough this Amendment as follows: I. Article 1 "DEFINITIONS" of the A reement is hereby amended by deleting Section 1.16. "Work" in its entirety and replacing it with the following_ "1.16. Work — Means and includes two (2) copies of the finished projec ion mapping video edition, consisting of Chapters 1, 2, and 3 which are more specifically described in Exhibit A of this Agreement, specially formatted and inclusive of all necessary files for presentation at the Site, each on a separate external hard drive or other appropriate media, that are the subject of this Agreement, or any intermediary stage of completio of such work, which specifically includes the Artwork Proposal." II. Article 3. "COMPENSATION AND PAYMENT SCHEDULE" of the Agreement is hcrebv amended by deleting Section 3.1. "Compensation" and Section 3.2. "Payment Schedule" in their entirety and replacing each with the following: "11. Compensation. Total compensation to Artist under the Agreement shall be in the amount of ONE HUNDRED TWENTY-FOUR THOUSAND DOLLARS AND NO CENTS ($124,000.00) (including a travel allowance as described in Section 3.2.(e)), which shall constitute full compensation for all services to be performed and materials to be furnished by Artist under this Agreement, including, but not limited to research, production, transportation, Artist's fee, incidental costs, all travel expenses, and any other costs associated with the Work. The Parties may amend this Agreement to allow for additio ial payment if additional services are required. First Amendment to Agreement Between the City of Fort Worth and 12/2 /20 Quayola Ltd for the Pioneer Tower Iconic Public Art Project Page 2 of 4 3.2. Payment Schedule. 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 provid d prior to the due date thereof: a. FIFTY THOUSAND DOLLARS AND NO CENTS ($50,000.00) upon execution of this Agreement. b. THIRTY THOUSAND DOLLARS AND NO CENTS ($30,000.00) up n Contract Manager's verification that local shooting of the photographic and vid o data necessary for the Work is complete. C. TWENTY-FIVE THOUSAND DOLLARS AND NO CENTS ($25,000. 0� upon Contract Manager's receipt of the final Work. d. FIVE THOUSAND AND NO CENTS ($5,000.00) within thirty-five (35) days after the premier presentation of the Work and Final Acceptance and receipt by(:Ity of such documentation it may require concerning payment of services and suppE es rendered to Artist (see Article 2); provided, however, that final delivery shall not be tendered prior to the expiration of thirty (30) days after Final Acceptance. C. City may pay Artist up to FOURTEEN THOUSAND FIVE HUNDRED DOLLARS AND NO CENTS ($14,000.00) for costs associated with requited travel. If, however, Artist is unable to travel to Fort Worth due to travel restricts ns associated with the COVID-19 pandemic, Artist may use this allowance to hire a local production team to gather the photographic and video data necessary for 1he Work in Fort Worth, Texas, for Artist. f. All payments hereunder shall be made by check in U.S. dollars." III. Funds previously paid to Artist prior to this Amendment shall apply toward the total corr pensation paid to Artist. First Amendment to Agreement Between the City of Fort Worth and 12/2 /20 Quayola Ltd for the Pioneer Tower Iconic Public Art Project Page 3 of 4 IV. All terms and conditions of the Agreement that are not expressly amended pursuant tot lis Amendment shall remain in full force and effect, and any undefined terms in this Amendment hall have the meaning provided in the Agreement. IN WITNESS WHEREOF,the parties hereto have executed this Amendment in Fort W rth, Texas,to be effective this ISA day of f n&arq , 2021. CITY OF FORT WORTH QUAYOLA LTD by: �do(,�� by: Fernando Costa Davide Quagliola Assistant City Manager 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. Name: Martha Peters Title: Director of Public Art Arts Council of Fort Worth &Tarrant County, Inc. APPROVED AS TO FORM AND LEGALITY: Thomas Royce Hansen Assistant City Attorney A4C: 020 -01932 Form 1295: not required j\:r Q; .............. '"v —ED-BY:- C ZSFf3CU'AL RECORD' �4a Kayser L y ;+'A'rY R ARY City Secretary f T First Amendment to Agreement Between the City of Fort Worth and 12/2 /20 Quayola Ltd for the Pioneer Tower Iconic Public Art Project Page 4 f 4 IV. All terms and conditions of the Agreement that am not expressly amended pursuant to this Amendment shall retrain in full force and effect,and any undefined terms in this Amendment.4a 1 have the:meaning provided in the Agreement IN WTITESS WI WRI.01'. the:parties hereto have cxctuted this Amendment in Fort W Texas,to he effective this 15-1k day of- ThUlr _,1041. CITY OF FORT WOKI'11 QUAYOLA LTD by: _ / y�dQ � by: Fernando Costa Davide Quagliola Assistant City Mager CONTRACT COMPLIANCE MANA(.FR By signing,I acknowledge Utat I run they person respons-ihle for the monitoring and administration of this contract,including enrnd dU4*rfbre t ,t�rtin requirements- 7 / ' r t7i ame: MvIardthia Pe rs 'litle: iNrec:tvrofPublicArt Art-,Council of Fort Worth R.Tarrant County, Inc. APPROVED AS TO FORM AND LF(:AILITY: Thontas Rove e t lariscra Assistant C'ily Attorney Form 1295: not inquired ATTESTED BY: Mary Kayser OFFICIAL RECORD tStvrSecretarti' CIS SECR ARY FT. WORT ,TX FirA Amendtmrnt to Agcrmcnt Between the City of Port U urth and Ow"ola Ltd for the Pioneer Tower Iconic Nbl'+c Art Project PW4 of