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2021 ' ST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
,} C[[YOFFORTWOACEt _ . CIO CITY SECRETARY CONTRACT NO. 51240
�• CINSECRECAAY �.
t Amendment of City Secretary Contract No. 51240 ("First Amendment") is exe ted
Q acid between the City of Fort Worth ("City"), a home-rule municipal corporation situat d in
Texas, acting by and through its duly authorized Assistant City Manager and NU, INC., DAB/A
Nu-Design, a Texas For Profit Corporation ("Contractor"). The City has designated the [Arts
Council of Fort Worth & Tarrant County, Inc. to manage this Agreement on its behalf("Contract
Manager").
WHEREAS, the City and Contactor entered into a professional services agreement City
Secretary Contract No. 51240) for Contractor to provide professional information technokogy
and consulting services related to the City's public art program ("Agreement");
WHEREAS, the terms of the Agreement allow for an initial one-year term with an
option to renew and extend the agreement for three additional one-year terms;
WHEREAS, City and Contractor have executed two Renewals (City Secretary Con ract
No. 51240-R1 and No. 51240-R2) with the most recent renewal effective between Octob r 1,
2020 and September 30, 2021;
WHEREAS, the Agreements sets forth that the Services to be performed shall be based
on an as-needed basis in accordance with the Contractor's rate schedule and under the
Agreement, the spending authority is limited to Thirty Thousand Dollars ($30,000.00);
WHEREAS, it is the mutual desire of the City and Contractor to amend the
Compensation sections of the Agreement to allow for an additional spending authority of Fi een
Thousand Dollars ($15,00.00), for a total spending authority of Forty Five Thousand Dollars
($45,000.00) so that the Contractor may continue to provide services throughout the second and
third renewals.
NOW THEREFORE, in consideration of the mutual covenants herein expressed, the
Parties agree to amend the Agreement as follows:
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 3. COMPENSATION is hereby amended and replaced in its entirety with:
3. COMPENSATION.
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH,TX
"The City shall pay Contractor an amount not to exceed FORTY-FIVE
THOUSAND DOLLARS AND NO CENTS ($45,000.00) in accordance with the
provisions of this Agreement as outlined in Exhibits C and D. If any conflict exists
between the Agreement and Exhibits C and D, the terms of Exhibit D shall control
first followed by Exhibit C then the Agreement. Payment from the City to the
Contractor shall be made on an invoice basis following receipt of a signed invoice
with adequate deliverables provided at submission of invoice, all in form
acceptable to the City. Contractor 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. The City shall not be liable for any
additional expenses of Contractor not specified by this Agreement unless the City
first approves such expenses in writing.
B. Exhibit D, Section La Compensation is hereby amended and replaced in its entirety
with:
"The City shall pay Contractor an amount not to exceed FORTY-FIVE
THOUSAND DOLLARS AND NO CENTS ($45,000.00) in accordance with the
provisions of this Agreement as outlined in Exhibits C and D. If any conflict exists
between the Agreement and Exhibits C and D, the terms of Exhibit D shall control
first followed by Exhibit C then the Agreement. Payment from the City to the
Contractor shall be made on an invoice basis following receipt of a signed invoice
with adequate deliverables provided at submission of invoice, all in form
acceptable to the City. Contractor 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. The City shall not be liable for any
additional expenses of Contractor not specified by this Agreement unless the City
first approves such expenses in writing.
II.
All other terms, provisions, conditions, covenants and recitals of said Agreement not
expressly amended herein shall remain in full force and effect.
III
This Amendment may be executed in multiple counterparts, each of which sha I be
an original and all of which shall constitute one and the same instrument. A facsirnile
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 an original.
(Signature pagefollows)
ACCEPTED AND AGREED:
CITY OF FORT WORTH NU, INC.,DB/A NU-DESIGN
By: T a.....j- I By: -
Fernando Costa Kelly Hartif
Assistant City Manager Vice President
Date: 71-io f 2021 Date: 7/7/2021
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.
J. Con#v
Jennifer Conn, Public Art Collection Manager
Arts Council of Fort Worth &Tarrant County, Inc.
APPROVED AS TO FORM AND LEGALITY:
Jessika illiams t �OR''G,
Assistant City Attorney : '
ATTEST:
B ` Iw* \ � •� 4`
Ron Gonzales
City Secretary
Contract Authorization:
Form 1295:
M&C: N/A
Date Approved
OFFICIAL RECORD
CITY SEC ETARY
FT WO TH,TX