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HomeMy WebLinkAboutContract 57789-A1CO RACT NO Y 511 FIRST AMENDMENT TO CITY SECRETARY CONTRACT NO. 57789 This FIRST AMENDMENT TO CITY SECRETARY CONTRACT NO. 57789 ("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 ("City"), acting by and through Fernando Costa, its duly authorized Assistant City Manager, and Gossypion Investments, LLC, a Texas limited liability company, located at 6916 Clearhaven Drive, Dallas, Texas 75248 ("Artist"), acting by and through Darryl Ratcliff, its duly authorized representative and Co -Founder. City has designated the Arts Council of Fort Worth and Tarrant County, Inc., d/b/a Arts Fort Worth, to manage this Agreement on the City's behalf. The Contract Manager shall act through its designated Public Art Project Manager. WHEREAS, on July 1, 2022, the City and Artist entered into City Secretary Contract No. 57789, an agreement for Preliminary Design of Public Art for Home Street ("Agreement"); WHEREAS, Artist's Scope of Services includes an artist -led mentorship program for emerging local public artists (see Article 2.1(h) and Exhibit "E") who would assist in implementing the Horne Street Community Engagement Plan during the Preliminary Design phase of the project (see Article 2.1(f) and Exhibit "D") and receive a modest stipend for their efforts; WHEREAS, during the course of implementing the Horne Street Artist -Led Mentorship Program Plan for Preliminary Design, Artist has determined that the mentees' involvement will be more intensive during the Preliminary Design Phase than in the Final Design Phase; WHEREAS, an allowance of $2,500.00 for mentee stipends was previously included in the Agreement (with another $2,500.00 also budgeted for the Final Design phase for an overall total of $5,000.00 for mentee stipends); WHEREAS, it is the collective desire of both City and Artist to amend Article 3 of the Agreement titled "Compensation and Payment Schedule" to increase by $1,250.00 the amount for the Horne Street Artist -Led Mentorship Program (for a total allowance under the Agreement of $3,750.00), thereby increasing the total compensation under the Preliminary Design Contract to an amount up to $17,330.00; and to amend Exhibit "E" to reflect the above. E06U REC'C JUL 27'23 Am11:36 First Amendment to Fort Worth City Secretary Contract No. 57789 Execution Copy _ 1 of 3 LCOTYSECRETARY TH, TX 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. Sections 3.1 and 3.2 are deleted in their entirety and replaced with the following: "3.1. Compensation. Total compensation to Artist under the Agreement shall be in an amount up to SEVENTEEN THOUSAND. THREE HUNDRED THIRTY DOLLARS AND NO CENTS ($17,330.00) which shall constitute full compensation for any and all costs associated with the Agreement, including, but not limited to professional consulting, an Artist's fee of $10,080.00, an allocation of $2,500.00 for the Horne Street Public Art Community Engagement Plan for Preliminary Design, up to $3,750.00 for the Horne Street Artist -Led Mentorship Program Plan for Preliminary Design, and all other services performed and materials furnished by Artist under this Agreement. Artist and City may amend this Agreement to allow for additional payment if additional services are required. 3.2. Pavment Schedule. a. City agrees to pay Artist in the following installments set forth below, each installment to represent full and final, non-refundable payment for all services and materials provided prior to the due date thereof: i. THREE THOUSAND DOLLARS AND NO CENTS ($3,000.00) within thirty (30) calendar days upon execution of this Agreement and after Artist meets with Project Core Team to gather input prior to Preliminary Design development. ii. TWO THOUSAND. TWO HUNDRED FIFTY DOLLARS AND NO CENTS ($2.250.00) upon 50% completion of community outreach and mentorship program as indicated in Section 2.1(g), further detailed in Exhibit "C." iii. TWO THOUSAND. TWO HUNDRED FIFTY DOLLARS AND NO CENTS ($2.250.00) upon 100% completion of community outreach and mentorship program as indicated in Section 2.1(g), further detailed in Exhibit "C." iv. THREE THOUSAND DOLLARS AND NO CENTS ($3.000.00) within thirty (30) calendar days after Artist submits all Preliminary Design Deliverables required under Article 2.3 of this Agreement. V. ONE THOUSAND DOLLARDS AND NO CENTS ($1.000.00) within thirty (30) calendar days after Artist makes presentation(s) of the Preliminary Design to the FWAC, the Project Core Team, and other Project Stakeholders at a regularly scheduled meeting of the FWAC. First Amendment to Fort Worth City Secretary Contract No. 57789 2 of 6 vi. ONE THOUSAND, EIGHTY DOLLARS AND NO CENTS (S1,080.00) within thirty (30) calendar days after City's approval of the Preliminary Design and submission of Affidavit of Bills Paid, attached hereto as Exhibit "G," for mentorship program participants. vii. An Artist -Led Mentorship Program allowance of $750.00 per local artist participant for a total of up to THREE THOUSAND, SEVEN HUNDRED FIFTY DOLLARS AND NO CENTS ($3,750.00) for Preliminary Design as described in Exhibit "E." Such payment shall be made for actual services rendered only (a retainer fee of 50% per local artist is allowed upon receipt of signed letter of agreement) for such services attached. viii. An engineering allowance of up to ONE THOUSAND DOLLARS AND NO CENTS ($1,000.00) for preliminary consultation as needed. Such payment shall be made for actual services rendered only and upon receipt of an invoice from Artist with the original invoice (a retainer fee of up to 50% is allowed) for such services attached." II. Exhibit "E," HORNE STREET ARTIST -LED MENTORSHIP PROGRAM PLAN FOR PRELIMINARY DESIGN, is deleted in its entirety and replaced with the attached Exhibit "E," REVISED HORNE STREET ARTIST -LED MENTORSHIP PROGRAM PLAN. Funds previously paid to Artist prior to this First Amendment shall apply towards the total compensation paid to Artist. IV. All other terms, provisions, conditions, covenants, and recitals of said Agreement not expressly amended herein shall remain in full force and effect. First Amendment to Fort Worth City Secretary Contract No. 57789 3 of 6 IN WITNESS WHEREOF, the parties hereto have executed this Amendment in Fort Worth, Tarrant County, Texas, this _ 27++. day of az k.% , 2023. CITY OF FORT WORTH LLC ARTIST Fernando Costa Darryl Ratcliff Assistant City Manager Gossypion Investments, 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. Michelle Richardson Public Art Project Manager APPROVED AS TO FORM AND LEGALITY: By: Trey Qualls Assistant City Attorney ATTES By: (fJa TO S. Goodall Ci Secretary Contract Authorization: N/A y O Q°°`- - vO;V V� 0 OAA Fo° c=I �o ° 0 0 y �Yj��°°° °0 ° T� �l o a aa4�ni'(�X44,o, OFFICIAL RECORD CITY SECRETARY M NORTH, TX First Amendment to Fort Worth City Secretary Contract No. 57789 4 of 6 Exhibit E: Revised Horne Street Artist -Led Mentorship Program Plan for Preliminary Design Five (5) local, Fort Worth artist participants will be included in this mentorship program to gain public art experience. A total of up to $5,000.00 will be allocated for Horne Street Artist -Led Mentorship Program participants' commitment to the project: • PRELIMINARY DESIGN PHASE —Artist's Agreement includes an allowance of $3,750.00, so that each mentee may receive a stipend of up to $750.00. • FINAL DESIGN PHASE — It is anticipated that Artist's Final Design Agreement will include an allowance of $1,250.00, so that each mentee may receive a stipend of up to $250.00. Eligibility: 18 years or older Interest in arts and culture (all disciplines welcomed) Interest in learning how to engage with diverse communities Curious, organized, self-starter Reliable transportation Willingness and availability to meet in -person Preference is given to artists residing in Como Community Commitment: 1. Attendance at leadership retreat, biweekly meetings as well as community meetings and events over two (2) design phases. Artist participant shall participate in a minimum of two (2) Preliminary Design community meetings or events as part of the first design phase. 2. Assist artist in the design phase of a public art piece that will be installed in the Como Community. 3. Learn about social practice and community -based art practices. 4. Artist participants will submit deliverables as indicated below as part of this program. 5. Attendance at Fort Worth Art Commission meeting for Preliminary Design presentation. Leadership retreat: A one (1) full day weekend retreat for artist participants to learn theoretical and applied social practice theory as well as develop a familiarity with the artist's practice. This retreat will ensure core competency on diversity, equity, and inclusion. The group will participate in a minimum of four (4) of the artist's social practice engagement activities that may be used as icebreakers in community meetings or larger events including cultural equity speed dating, poetry ball, cultural wealth walk/privilege walk, and definitions game. Part One(Theory) 1. What is art/when is art (include cultural speed dating activity) 2. A brief history of how we got to social practice 3. Deep dive into artist's practice (including poetry ball activity) Part Two (Application) 1. What is community (Cultural wealth walk and skill mapping activities) First Amendment to Fort Worth City Secretary Contract No. 57789 5 of 6 2. What is the methodology of community health 3. Deep dive into cultural equity Meetings: Artist participants will attend biweekly meetings (expected two (2) hours each) to reflect on the insights being learned from the community meetings and to plan future community engagement. Meetings will also allow artists to ask questions about the design process, learn the basics of community facilitated design skills, workshop and facilitation techniques, event production, and applied social practice theory. More meetings may be scheduled as needed for community engagement planning purposes. Deliverables for Preliminary Design: Timesheet Summary of experience during Horne Street Preliminary Design Discuss social practice knowledge to date, observations witnessed at Fort Worth Art Commission meeting as part of Preliminary Design presentation Develop and implement an activity for community engagement in association with the Horne Street Public Art Project Proposed Selection Process (subject to input by the Project Core Team): Criteria for Consideration: Submit application that confirms eligibility and availability Submit a statement of interest to artist for consideration by advertised date. Samples of artwork (open media, limit of 5) Artist will review pool of interested individuals and select three (3) to five (5) local, Fort Worth artists to participate in this program. Artists not selected [due to capacity limits] will be included on a project mailing list and invited to attend meetings related to this project as appropriate. First Amendment to Fort Worth City Secretary Contract No. 57789 6 of 6 FORTWORTH Routing and Transmittal Slip PLANNING AND DATA ANALYTICS - FWPA Department DOCUMENT TITLE: HORNE STREET PRELIMINARY DESIGN CONTRACT Al M&C_n/a CPN DATE: TO: 1. Trey Qualls 2. Fernando Costa 3. Jannette S. Goodall 4. 5. 91 CSO # INITIALS ,,� DOC# DATE OUT 7/Z-7 /Zo z 3 DOCUMENTS FOR CITY MANAGER'S SIGNTURE: All documents received from any and all City Departments requesting City Manager's signature for approval MUST BE ROUTED TO THE APPROPRIATE ACM for approval first. Once the ACM has signed the routing slip, David will review and take the next steps. NEEDS TO BE NOTARIZED: ❑ Yes X No RUSH: ❑ Yes X No SAME DAY: ❑ Yes X No NEXT DAY: ❑ Yes ❑ No ROUTING TO CSO: X Yes ❑ No Action Required: ❑ As Requested ❑ For Your Information X Signature/Routing and or Recording ❑ Comment ❑ File ❑ Attach Signature, InitiaF=aTo#arjti> Return to: Please call Michelle Richardson at 214-673-0343 (mrichardson@artsfortworth.org) for pick up when fully executed. Thank you.