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HomeMy WebLinkAboutContract 56709-A1 TYSECRETAR �°I 'MCT NO. Y5 b^]O9'0% CSO REC'G JUN 14'22 A03:08 FIRST AMENDMENT TO CITY SECRETARY CONTRACT NO. 56709 AGREEMENT BETWEEN THE CITY OF FORT WORTH AND SOCIAL SPACE,LLC FOR PRELIMINARY DESIGN OF PUBLIC ART FOR NORTHWEST COMMUNITY CENT R This FIRST AMENDMENT TO CITY SECRETARY CONTRACT NO. 56709 is entered into this 13�' day of J W'lt— , 2022,by and between the City of Fort Worth, a home-rule munici]I)al corporation of the State of Texas, acting by and through Fernando Costa, its duly authorized Assist t City Manager (the "City"), and Social Space, LLC, a New York limited liability company located at 41 East Main Street, Canton,New York, 13617 (the "Artist"). City has designated the.Arts Council of Fort Worth and Tarrant County, Inc., (the "Contract Manager") to manage this Agreement on its behalf. be Contract Manager shall act through its designated Public Art project manager. WHEREAS, on November 18, 2021, the City entered into a contract with Artist for Preliminary Design of the Work for the Site(Fort Worth City Secretary Contract No. 56709); WHEREAS, after the contract was executed and the Artist traveled to Fort Worth and met ith the Project Core Team, it was determined that the Artist's budget for travel under this agreement needed to be adjusted as actual travel costs were substantially higher than previously calculated, due to a ra id increase in travel prices; and WHEREAS, it is the desire of the City to compensate the Artist for the incurred additional travel expenses,subject to GSA Per Diem Guidelines. NOW,THEREFORE, City and Artist for and in consideration of the covenants and agreements hereinafter set forth,the sufficiency of which is hereby acknowledged,agree as follows: I. Article 3, "Compensation and Payment Schedule," subsections 3.1, "Compensation," and �.2, "Payment Schedule," are hereby deleted and amended in their entirety to increase the amount for travel allowance and will read as follows: ARTICLE 3 COMPENSATION AND PAYMENT SCHEDULE 3.1. Compensation. Total compensation to Artist under the Agreement shall be in an amount not to exceed TWENTY ONE THOUSAND FOUR HUNDRED SEVENTY-NINE DOLLARS AND NO CENTS ($21.479.00), which shall constitute full compensation for any and all costs associated with the Agreement,including an engineering and consulting fee allowance of up to $7,000.00, an Artist's fee of $11,061.00, a travel allowance in an amount up to $3,418.00, and services performed and materials furnished by Artist under this Agreement. Artist and City may amend this Agreement to allow for additional payment if additional Y rOFFICIAL RECORD„I ECRETARYFirst Amendment to Contract No.56709,Social Space LLC Preliminary Design of Public Art for Northwest CommmuORTH,Tat services are required. Any changes requested by the City shall not require City to pay Artist any additional compensation under this Agreement. 3.2. Payment Schedule (a) City agrees to pay Artist in the following installments set forth below, each installment to represjent full and final, non-refundable payment for all services and materials provided prior to the due date thereof: i. TWO THOUSAND DOLLARS AND NO CENTS ($2,000.00) upon execution of his Agreement. ii. TWO THOUSAND DOLLARS AND NO CENTS ($2,000.00) within thirty (30) calen ar days after Artist either travels to Fort Worth and meets with the Project Core Team and ot er community members or meets with them via Videoconference to gather input on the project. iii. TWO THOUSAND DOLLARS AND NO CENTS ($2,000.00) within thirty (30) calendar days after Artist submits all of the Preliminary Design Deliverables required under Article 2.3 of this Agreement. iv. TWO THOUSAND DOLLARS AND NO CENTS ($2,000.00) within thirty (30) calendar days after Artist makes a presentation of the Preliminary Design to the FWAC, the Project Core Team and other community members pursuant to Article 2.4(a). v. THREE THOUSAND SIXTY-ONE DOLLARS AND NO CENTS ($3,061.00) wi in thirty(30)calendar days after City's approval of the Preliminary Design. vi. City will provide an allowance of up to SEVEN THOUSAND DOLLARS AND O CENTS ($7,000.00) for third-party engineering and consulting services. Such payment sliall be made upon receipt of an invoice from Artist with the original invoice (a retainer fee o up to 50%is allowed)for such services attached. a. vii. City will provide a travel allowance up to THREE THOUSAND FOUR HUNDI. D EIGHTEEN DOLLARS AND NO CENTS ($3,418.00) for up to two (2) trips by Artist at $1,709.00 each trip,or one(1)trip by Artist team at$3,418.00,provided that Project Manager has approved travel in advance and in-person Project Core Team and/or in-person Fort Worth Art Commission meetings are taking place. If Artist chooses not to travel to Fort Worth, Texas, due to COVID-19 safety concerns, Artist shall participate in meetings and make presentations as indicated above via Videoconference and shall receive no travel compensation. This stipend is provided in accordance with GSA Per Diem Guidelines and shall cover all travel expenses. II. Funds previously paid to the Artist prior to this First Amendment shall apply toward the total compensation paid to the Artist. First Amendment to Contract No.56709,Social Space LLC Preliminary Design of Public Art for Northwest Community Center III. All terms and conditions of the Agreement that are not expressly amended pursuant to this First Amendment shall remain in full force and effect. IV. 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) IN WITNESS WHEREOF, the parties hereto have executed four copies of this First Amendment in Fort Worth,Texas,this day of 92022. CITY OF FORT WORTH ARTIST First Amendment to Contract No.56709,Social Space LLC Preliminary Design of Public Art for Northwest Community Center by: G...L_.-- Fernando Costa Social Space LLC.,by Matthew Mazzotta Assistant City Manager Artist 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. See &CtCU - 0yU:t 1. pagt-- Name: Anne Allen Title: Public Art Project Manager APPROVED AS TO FORM AND LEGALITY: I ,r� J�J Jessika Williams Assistant City Attorney ATTESTED BY: ~ Goodall b Jounne#e. City Secretary . Contract Authorization: Form 1295:Not Applicable Contract Authorization: No M&C required.Ordinance No.24161-04-2020 DATE:April 8,2021 fIFICIAL ECORD TY SEC ETARY T. WORTH,TX First Amendment to Contract No.56709,Social Space LLC Preliminary Design of Public Art for Northwest Community Center 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 of Employee/Signature Public.Art Project Manager Title ❑ This form is N/A as No City Funds are associated with this Contract Printed Name Signature MWOH'