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FIRST AMENDMENT TO CITY SECRETARY CONTRACT NO. 44572,
AGREEMENT BETWEEN THE CITY OF FORT WORTH AND JANET ZWEIG LLC FOR
CONCEPTUAL DESIGN PROPOSAL FOR PUBLIC ART
FOR THE NORTH BEACH CORRIDOR
This FIRST AMENDMENT TO CITY SECItETARY CONTRACT NO. 44572 ("First
Amendment") is made and entered into by and between the City of Fort Worth, a home-rule municipal
corporation of the State of Texas, acting by and through its duly authorized Assistant City Manager, and
Janet Zweig, LLC, a Liinited Liability Coinpany, located at 54 Willow Street #4A, Brooklyn, New York
11201.
WHEREAS, on June 21, 2013, the City and Artist made and entered into City Secretary Contract
("CSC") No. 44572, an agreement to develop a conceptual proposal and subinit that proposal for review
and consideration by the Artist Selection Panel;
WHEREAS, the City designated the Arts Council of Fort Worth and Tarrant County, Inc. as its
Contract Manager;
WHEREAS, after reviewing several submissions, the A��tist Selection Panel chose Artist's
conceptual proposal, which the Artist inust now inodify due to feasibility issues;
WHEREAS, the City desires to increase the Artist's scope of work to include additional research
for proposal adjustments and an additional trip for Artist and its collaborator to Fort Worth to present the
changes; and
WHEREAS, Artist requires additional compensation for the additional scope of work;
WHEREAS, it is the desire of City and Artist to amend the Contract to increase the scope of work
and the coinpensation associated therewith; and
NOW, THEREFORE, City and Artist, in consideration of the inutual covenants and agreements
contained herein, do mutually covenant and agree that CSC No. 44572 ("Agreement") is amended as
follows:
I.
The pa�•ties wish to amend Subsection 2.2 "Scope of Services" of Article 2"Purpose, Scope of Services,
and Deliverables" to increase the Ai�tist's scope of work by requiring the Artist to provide additional
infonnation and an additional trip to Fort Worth. Subsection 2.2 is a�nended to add the following
subsections:
"f. Ai�tist understands and acknowledges that some po��tions of the ArtisYs original
Conceptual Design Proposal were not feasible for iinplementation based on tiine
constraints, mainly the radio-based deliveiy method. Therefore, the Artist shall revise its
Conceptual Design Proposal to deiine a non-radio-based delivery inethod.
g. Artist shall rnake a third trip to Fort Worth, Texas to present any Conceptual Design
Proposal revisions and the effect of those revisions on the overall Conceptual Design
Proposal to the Artist Selection Panel and FWAC at a date and tiine inutually agreed
upon." _
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OF�9�Vl=\I�� G3�c�ORD
First Amendment to CSC 44572 �'�� ���,s�f��AR�
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II.
The parties wish to revise Article 3 of the Agreement titled "Compensation atld Payment Schedule" to
increase the total coinpensation to the Artist by $3,150.00 and amend the payment installment schedule to
reflect the additional payment for the increase in scope of work. Subsection 3.1 (Compensation) is
amended in its entirety and Subsection 3.2 (Payment Schedule) is amended to add Subsection a.iv. which
shall read as follows:
"3.1. Compensation.
Total coinpensation to Artist under the Agreement shall be SEVEN THOUSAND NINE
HLTNDRED FIFTY DOLLARS AND NO CENTS ($7,950.00), which shall constitute full
compensation for any and all costs associated with the Agreement, including, but not lirnited to,
all travel expenses and services perfonned and rnaterials furnished by Artist under this
Agreement. Artist and City may ainend this Agreement to allow for additional payment if
additional services ai•e required."
3.2. Payment Schedule
"iv. THREE THOUSAND ONE HUNDRED FIFTY DOLLARS AND NO CENTS
3 150.00 within 30 calendar days after the Artist inakes it presentations to the
Artist Selection Panel and FWAC as required in Article 2.2(g)."
III.
Funds previously paid to the Artist prior to this First Amendment shall apply toward the total
compensation paid to the Artist.
IV.
All tei-�ns and conditions of the Agreement that are not expressly amended pursuant to this Fiist
Amendment shall remain in full force and effect.
V.
All terms in this First Ainendment that are capitalized but not defined shall have the meanings
assigned to them in the Agreeinent.
IN WITNESS WHEREOF, the parties hereto have executed four copies of this First Amendment in Fort
Worth, Texas, this �_ day of �� ��su ��� , 2014.
CITY OF I'ORT WORTH JANET ZWEIG, LLC
First Amendment to CSC 44572 2 of 3
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By:
Fernando Costa Janet Zweig
Assistant City Manager Member
APPROVED AS TO FORM AND LEGALITY:
Tyler Wallach
Assistant City Attorney
ATTEST:
Mary J. Kayser
City Secretary
No M&C Required.
First Amendment to CSC 44572 3 of 3
BY� •�li�b �f�.—�
Fernando Costa
Assistant City Manager
C
APPROVED AS TO F'ORM ALVD LEGALITY:
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Tyler Wallach ' ' ":�':�=�
Assistant City Attorney ����°
No M&C Required.
First Amendment to CSC 44572
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Janet Zweig
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