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HomeMy WebLinkAboutContract 55975-A1 CSC No.55975-A1 AMENDMENT NO. 1 TO CITY OF FORT WORTH CONTRACT 55975 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 TOMMY LUKE MCGLATHERY ("Performer"). City and Performer shall be referred to individually as a Party and collectively as the Parties. WHEREAS,on July 8, 2021,the Parties entered into City Secretary Contract 55975 (the "Agreement"); and WHEREAS, the Agreement was executed for Performer to participate in both an online pre-recorded performance and interview during the monthly"Off The Record" series ("Event")as well as live musical performance ("Secondary Event"); and WHEREAS,the Agreement was set to begin on October 1, 2021 ("Effective Date") and expire on October 31, 2021 ("Expiration Date"); and WHEREAS, the Parties now wish to amend the Agreement to adjust the timeline of the performance, compensation, and the obligations of the Performer. 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 L TIMELINE OF PERFORMANCE. is hereby amended and replaced in its entirety with the following: The Performer agrees to participate in a recording session for the Event("Performance"). The recording session for the Event will take place at the City between October 1, 2021 and October 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 October 31, 2020 ("Final Recording Date"), then the City may terminate this Agreement without penalty. B. Section H. Term. Is hereby amended and replaced in its entirety with the following: This Agreement shall begin on September 1, 2021 ("Effective Date") and shall expire on December 31, 2021 ("Expiration Date"), unless terminated earlier in accordance with this Agreement. B. Section I11. COMPENSATION. is hereby amended and replaced in its entirety with OFFICIAL RECORD CSC 54857 Amendment 1 CITY SECRETARY FT.WORTH,TX the following: As fair compensation for the services provided by the Performer to City under this Agreement, City shall pay the Performer a total amount of Three Hundred Dollars ($300.00) for the one-time recording of the Event by the Performer. The Performer shall provide the City with a correct and accurate invoice by the tenth day of the month following the completed Performance. Performer will be paid within 30 days of the City's receipt of a correct and accurate invoice. C. Section IV.PERFORMER'S OBLIGATIONS. is hereby amended and replaced in its entirety with the following: 1. Performer agrees to participate in a recording session for the Event referenced above and to allow City videographers permission to capture video recordings of the Performer and to use those recordings for the term of this Agreement. Performer agrees that the Event will be recorded at the Summerglen Library located at 4205 Basswood Blvd, Fort Worth, Texas for future broadcast. 2. Performer shall supply all musical and performance instruments, music, and personnel required for the Performance. 3. 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 party. 4. 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. 5. Performer agrees that the City will have final authority over the production and final broadcasting of the Event for the term of this Agreement. 6. Performer shall sign up as an official City vendor via the City of Fort Worth website no later than October 31, 2021. 7. City will script, direct, produce, and oversee the Performance. 2. ALL OTHER TERMS SHALL REMAIN THE SAME All other provisions of the Agreement which are not expressly amended herein shall CSC 54857 Amendment 1 Page 2 of 4 remain in full force and effect. 3. 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 an original. (signature page follows) 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: d ° of this contract,including ensuring all Manya Shorr performance and reporting requirements. Library Director Date: Sep 3, 2021 By: APPROVAL RECOMMENDED: Timothy Shidal Administrative Services Manager j 4t- - APPROVED AS TO FORM AND LEGALITY: By: ll Marilyn Marvin Assistant Library Director By: ATTEST: Jessika Williams Ab�bFORra Assistant City Attorney °�`�'0000a oodd Ordinance No. 24161-04-2020 �Poo o0 By: wo °=d CONTRACT AUTHORIZATION: Ronald P. Gonzales OQ o000 000o M&C: N/A 101 Acting City Secretary aaa �EXpS�bp 1295: N/A PERFORMER: -Az:�l By: tommy luke(Sep 2,202119:00 EDT) Tommy Luke McGlathery Musical Artist Date: Sep 2, 2021 OFFICIAL RECORD CSC 54857 Amendment 1 CITY SECRETARY FT.WORTH,TX