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HomeMy WebLinkAboutContract 55325-A1CSC No. 55325-A1 FIRST AMENDMENT TO PERFORMANCE AGREEMENT BETWEEN CITY OF FORT WORTH AND FREDERICK GOODING, JR. This First Amendment to Performance Agreement ("First Amendment") is made between the City of Fort Worth ("Fort Worth"), a municipal corporation and Frederick Gooding, Jr. ("Author"). WHEREAS, Fort Worth and Author entered into a Performance Agreement identified as Fort Worth City Secretary Contract No. 55325, beginning June 1, 2021 (the "Agreement"); and WHEREAS, it is the collective desire of both Fort Worth and Author to amend the Agreement to include facilitation services for the Movies That Matter film program. NOW THEREFORE, known by all these present, Fort Worth and Author, acting herein by the through their duly authorized representatives, agree to the following terms, which amend the Agreement as follows: A. The Agreement is hereby amended by replacing section L TIMELINE OF PERFORMANCE in its entirety with the following: 1. Authar agrees to lead a live, in-person moderated discussion for each of the Movies That Matter film programs ("Programs") dates listed below: • June 10, 2021; • August 12, 2021; • October 14, 2021; and • December 10, 2021. 2. The date and locations of the moderated discussions may be changed by mutual agreement of the Parties, in writing, within 14 days. Any rescheduled Program shall be subject to the terms and conditions of the Agreement and First Amendment. If Author cannot perform on the scheduled performance date, the City may terminate this Agreement without penalty. The City shall have sole discretion to determine the rescheduled performance dates and locations. B. The Agreement is hereby amended by replacing section II. COMPENSATION in its entirety with the following: 1. City shall pay the Author a total amount of not to exceed Three Hundred and Fifty and 00/100 Dollars ($350.00) for each in-person moderated discussion for each individual Program. Author shall not perform any additional services for the City not specified by this Agreement unless the City requests and approves in writing the additional costs for such services. City shall not be liable for any additional expenses of Author not specified by this Agreement unless City first First Amendment to Fort Worth City Secretary Contract No. 55325 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX approves such expenses in writing. City agrees to pay all invoices of Author within thirty (30) days of receipt of such invoice. C. The Agreement is hereby amended by replacing section IIL AUTHOR' S OBLIGATIONS in its entirety with the following: 1. Authar agrees to arrive at the Program location no later than 8 p.m. to facilitate the moderated discussion portion of the program which could have a duration of up to 90 minutes. 2. Author agrees to review any and all resources provided for each Program and meeting either by phone, in person or virtually, with the designated Program organizer at a mutually agreed upon time before each Program date. 3. Authar agrees to conduct himself/herself in a manner that is unbiased, inclusive and respectful of all opinions and perspectives of all Program participants while retaining the ability to correct any factually inaccurate information that may be shared by a Program participant. 4. Authar agrees to collaborate with the City in promotion of the Programs by providing current photographs, biographies and permission to use those items in marketing materials for the term of the Agreement. 5. Author agrees that each Program will be an in-person event unless the City determines due to safety policies that the event will be online/virtual. If the event is online/virtual, the Author agrees to provide a computer, Internet access, and any software needed to remotely join and deliver the performance utilizing the City's online webinar environment. 6. Authar agrees that the moderated discussion of the Programs may be recorded for use in an online/virtual event using City's cable, social media and internet video broadcast platforms. D. The Agreement is hereby amended by replacing section III. CITY' S OBLIGATIONS in its entirety with the following 1. City agrees to designate a representative to coordinate all services to be performed pursuant to this Agreement. 2. City will provide the necessary access to resources needed to prepare for the moderated discussion of the Programs. E. All other terms, provisions, conditions, covenants and recitals of the Agreement not expressly amended herein shall remain in full force and effect. [Signature Page Follows] First Amendment to Fort Worth City Secretary Contract No. 55325 Page 2 of 3 Executed effective as of the date signed by the Assistant City Manager below. City: � LL By: Fernando Costa (May 21, 2021 16:48 CDT) Name: Fernando Costa Title: Assistant City Manager Date: Ma�/ 21� 2�21 Author: By: � Name: Frederick Gooding, Jr. Date: M ay 13, 2021 CITY OF FORT WORTH INTERNAL ROUTING PROCESS: Approval Recommended: �k� By: Christina Brooks (May 21, 2021 1222 CDT) Name: Christina Brooks Title: Chief Equity Officer Approved as to Form and Legality „�8 st��rur B JB Strong (May 3, 2021 0927 CDT) Y� Name: John B. Strong Title: Assistant City Attorney Contract Authorization: M&C: 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. �-v�..,�,o � B Veronica Villegas (May 13, 2021 09:37 CDT) Y� Name: Veronica Villegas ,4.p4��� � Title: Manager ��F F�Rr��� City Secretary: By: ��/�� U �e�� Name: Mary Kayser Title: City Secretary ��°� �°°00 a o�� �� o —o a= va o o � o � 0 �'� ° ° �` ` �o o � d� _00000a_ � OFFICIAL RECORD CITY SECRETARY FT. W�RTH, TX First Amendment to Fort Worth City Secretary Contract No. 55325 Page 3 of 3