HomeMy WebLinkAboutContract 54857-A1 CSC No.54857-A1
AMENDMENT NO. 1
TO
CITY OF FORT WORTH CONTRACT 54857
This Amendment is entered into by and between the City of Fort Worth (hereafter
"City"), a home-rule municipality, with its principal place of business at 200 Texas Street, Fort
Worth, Texas, and TRND MEDIA,LLC ("Performer"). City and Performer shall be referred to
individually as a Party and collectively as the Parties.
WHEREAS, on November 17, 2020, the Parties entered into City Secretary Contract
54857 (the "Agreement"); and
WHEREAS, the Agreement was executed for Performer to participate both in a
recording session for the Amplified New Year's Eve program("Event")as well as an online event
highlighting local Fort Worth artists to be broadcast between January 1, 2021 and July 31, 2021
("Secondary Event"); and
WHEREAS, the Agreement was set to begin on December 1, 2020 ("Effective Date")
and expire on July 31, 2021 ("Expiration Date"); and
WHEREAS, the Parties wish to amend the Agreement to reschedule the Performance
and adjust the obligations of both the Performer and the City.
NOW, THEREFORE, the Parties, acting herein by and through their duly authorized
representatives, enter into the following agreement:
1.
AMENDMENTS TO AGREEMENT
The following terms are hereby amended to replace the referenced terms in the
Agreement and shall be binding and enforceable as if they were originally included therein.
A. Section I. TIMELINE OF PERFORMANCE. is hereby amended and replaced in its
entirety with the following:
1. The Performer agrees to participate in a recording session to be broadcast between
March 1, 2021 and July 31, 2021 ("Performance"). The recording session will take place
at the City between March 1, 2021 and March 31, 2021,with a definite date and time to be
scheduled between the Parties ("Recording Date"). If the Performer cannot participate in
the recording session by March 31, 2021 ("Final Recording Date"), then the City may
terminate this Agreement without penalty.
2. The Performer agrees that the Performance will be broadcast by the City between
March 1, 2021 and July 31, 2021 ("Broadcast Date").
B. Section IV.PERFORMER'S OBLIGATIONS. is hereby amended and replaced in its
entirety with the following:
OFFICIAL RECORD
CITY SECRETARY
CSC 54857 Amendment 1 FT. WORTH, TX
1. Performer agrees to participate in a recording session and to allow City
videographers permission to capture video recordings of the Performer and to use those recordings
for the term of this Agreement. The video recording session will last about 120 minutes.
2. Performer agrees to participate in a recording session for one promotional video
that will be approximately fifteen(15) seconds in length. The recording of this promotional video
will be at the same time as the recording of the Performance.
3. Performer shall supply all musical and performance instruments, music, and
personnel required for the Performance.
4. Performer shall obtained all necessary consents, permissions, licenses, and other
documents from any artists, composers,musicians,recording companies,musician unions or other
labor unions, copyright owners, or others with any interest in the Performance, at Performer's sole
cost and expense and will indemnify and hold City harmless from and against any and all claims,
suits, threats, demands, actions, and causes of action brought directly or indirectly by any such
Ply
5. The Performer shall be solely responsible for the payment of any subcontractors
including additional musicians. Performer expressly acknowledges and agrees that City is
contracting only with Performer and that Performer is solely responsible for any subcontractors,
payment thereof, and for any damages or liability incurred by subcontractors.
6. Performer agrees that the Performance will be recorded at the Central Library
located at 500 W Third Street, Fort Worth, Texas between March 1, 2021 and March 31, 2021,
with a date and time to be scheduled between the Parties.
7. Performer agrees to participate in a staged photograph session and to allow City
photographers permission to take headshots and to use those items in marketing materials for the
term of this Agreement. The photography session will last about 60 minutes on the same date as
the Performance.
8. Performer agrees to provide current biographies and permission to use those items
in marketing materials for the term of this Agreement.
9. Performer agrees to participate in a pre-recorded Question/Answer session with a
Music Librarian. The Q&A session will last about 30 minutes.
11. Performer agrees that the City will have final authority over the production and
final broadcasting of the Performance for the term of this Agreement.
12. Performer shall sign up as an official City vendor via the City of Fort Worth website
no later than March 1, 2021.
C. Section V. CITY'S OBLIGATIONS. is hereby amended and replaced in its entirety
with the following:
CSC 54857 Amendment 1 Page 2 of 4
1. City agrees to designate a representative to coordinate all services to be performed
pursuant to this Agreement.
2. City will provide the video recording and sound amplification equipment along
with the personnel necessary to record the Performance.
3. City will provide the digital photography equipment along with the personnel
necessary to capture Performer headshots.
4. City will provide a Music Librarian to lead the Question/Answer session with the
Performer.
5. City will provide staging of the Central Library for the Performance.
6. City will provide the necessary access and licenses to host the Performance online.
7. City will script, direct, produce, and oversee the Performance.
3.
ALL OTHER TERMS SHALL REMAIN THE SAME
All other provisions of the Agreement which are not expressly amended herein shall
remain in full force and effect.
4.
ELECTRONIC SIGNATURE
This Amendment may be executed in multiple counterparts, each of which shall be
an original and all of which shall constitute one and the same instrument.A facsimile copy
or computer image, such as a PDF or tiff image, or a signature, shall be treated as and shall
have the same effect as anoriginal.
(signature pagefollows)
CSC 54857 Amendment 1 Page 3 of 4
ACCEPTED AND AGREED:
CITY OF FORT WORTH:
CONTRACT COMPLIANCE MANAGER:
n By signing I acknowledge that I am the person
responsible for the monitoring and administration
By: of this contract,including ensuring all
Manya Shorr performance and reporting requirements.
Library Director
Date: Mar 1, 2021 �S� Q
By:
APPROVAL RECOMMENDED: Timothy Shidal
Administrative Services Manager
j , - APPROVED AS TO FORM AND LEGALITY:
By: l
Marilyn Marvin
Assistant Library Director � Ul
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ATTEST: A pF00 00000 y d� Jessika Williams
p �(��t�� Assistant City Attorney
2t� duo s=� Ordinance No.24161-04-2020
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B U �a �r 000000 qp CONTRACT AUTHORIZATION:
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Mary J.Kayser M&C:
City Secretary 1295:
PERFORMER:
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BY• Averi Buri(Feb 27,2021 13:09 CST)
Averi Burk,TRND MEDIA,LLC
Musical Artist
Date: Feb 27, 2021
OFFICIAL RECORD
CITY SECRETARY
CSC 54857 Amendment 1 FT. WORTH, TX