HomeMy WebLinkAboutContract 61568-A1CSC No. 61568-A1
FIRST AMENDMENT TO
CITY SECRETARY CONTRACT NO. 64 568
This First Amendment to City Secretary Contract No. 61568 ("First Amendment") is
entered into by and between the City of Fort Worth ("City"), a home -rule municipal corporation
of the State of Texas, acting by and through its duly authorized Assistant City Manager, and
PhenomenArts, Inc. ("Artist"), acting by and through its duly authorized President/Artistic
Director. The City has designated the Arts Council of Fort Worth & Tarrant County, Inc. D/B/A
Arts Fort Worth ("Contract Manager") to manage this Agreement on the City's behalf.
WHEREAS, City and Artist previously entered into a professional services agreement
(City Secretary Contract No. 61568) whereby Artist agreed to provide specific services for the
purpose of assisting with equipment and programming upgrades for a public artwork titled Parking
in Color installed in the Houston Street Parking Garage ("Agreement"); and
WHEREAS, the Compensation amount in the Agreement was based on anticipated
required upgrades, and subsequently, during the implementation of agreed -upon upgrades, Artist
recommended additional equipment replacement; and
WHEREAS, the Artist's Revised Proposal including additional upgrades shall be added
to the Agreement as Exhibit "F"; and
WHEREAS, it is the collective desire of both City and Artist to amend the compensation
due under the Agreement to reflect the implementation of the recommended additional equipment
and add $6,000.00 to the total amount of the commission contract, bringing the new total to
$21,000.00, and to revise Exhibit "D" ("Compensation Schedule") by replacing it with the attached
Revised Exhibit "D" reflecting the additional work;
NOW THEREFORE, in consideration of the mutual covenants herein expressed, the
Parties agree to amend the Agreement as follows:
I.
Section 3 of the Agreement, titled "Compensation," shall be deleted in its entirety and
replaced with the following:
3. COMPENSATION.
Total compensation to Artist pursuant to this Agreement shall be an amount
not to exceed TWENTY-ONE THOUSAND DOLLARS AND NO CENTS
($21,000.00) which shall constitute full compensation for any and all services to be
performed and materials to be furnished by Artist under this agreement and in
OFFICIAL RECORD Page 1 of 7
CITY SECRETARY
FT. WORTH, TX
accordance with the attached Exhibit "F" ("Revised Proposal") and Revised
Exhibit "D" ("Revised Compensation Schedule"), including, but not limited to,
new equipment, rentals, supplies, shipping/mailing, labor, insurance, travel
expenses, incidental costs, and any other costs to complete the Work. Payment from
the City to Artist shall be made on an invoice basis following receipt of a signed
invoice with adequate documentation, all in a form acceptable to the City. Artist
shall not perform any additional services for the City not specified by this
Agreement unless City requests and approves in writing the additional costs for
services. If any conflict exists between this Agreement, Exhibit "F," and Revised
Exhibit "D," the terms of this Agreement shall control followed by Revised
Exhibit "D," followed by Exhibit "F."
II.
The previous Exhibit "D" ("Compensation Schedule") is hereby replaced with the attached
Revised Exhibit "D" ("Revised Compensation Schedule").
A new Exhibit "F" ("Revised Proposal") is hereby added to the Agreement.
IV.
All funds previously paid to Artist prior to this First Amendment shall apply towards the
total compensation paid to Artist.
V.
All other terms, provisions, conditions, covenants, and recitals of said Agreement not
expressly amended herein shall remain in full force and effect.
VI.
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 TIF image, or an electronic signature, shall be treated as and
shall have the same effect as an original.
(Signature page follows)
Page 2 of 7
ACCEPTED AND AGREED:
CITY OF FORT WORTH
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By: DanaBurghdoff(Jun 2025 CDT)
Dana Burghdoff
Assistant City Manager
Date: 06/1 1 /2025
RECOMMENDED FOR APPROVAL
By: ,
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Mi on Oar
Library Director
CONTRACT COMPLIANCE MANAGER
PHENOMENARTS, INC.
By:
Christopher Janney
President/Artistic Director
Date:
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.
Jennifer Conn, Public Art Colt/ion Manager
Arts Fort Worth
APPROVED AS TO FORM AND LEGALITY:
By: q
Trey Qualls
Assistant City Attorney
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ATTEST:
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By: V
Jannette Goodall
City Secretary
Contract Authorization:
Form 1295: N/A
M&C: N/A OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Page 3 of 7
ACCEPTED AND AGREED:
CITY OF FORT WORTH
By:
Dana Burghdoff
Assistant City Manager
Date:
RECOMMENDED FOR APPROVAL
By:
Midori Clark
Library Director
PHENOMENARTS, INC.
By:
Christopher Janney
President/Artistic Director
Date: 5.2 3.2 5
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.
Jennifer Conn, Public Art Collection Manager
Arts Fort Worth
APPROVED AS TO FORM AND LEGALITY:
By:
Trey Qualls
Assistant City Attorney
ATTEST:
By:
Jannette Goodall
City Secretary
Contract Authorization:
Form 1295: NIA
M&C: NIA
Page 3 of 7
EXHIBIT "F"
REVISED PROPOSAL
PhenomenArts, Inc.
Interactive Art/Music/Architecture
Christopher Janney, Artistic Director
1629 Champlain Terrace
Los Angeles, CA 90026 USA
Web Site: www.ianneysound.com
Ern: iannevsoundl0@zmail.com
Parking In Color- Acct. Details/REVISED PROPOSAL
DT: 4/25/25
NEW COMPUTER--
i MAC (see inv.)
PhenomenArts Labor -
Modify hardware, install new software, bench test, inspect/clean
Subtotal------------------------- $4500
MOTU's-
2 Motu 828 @ $749 ea. ---
(See Sweetwter INV.)
$1750
WATCHDOG 2.0
Lenovo Laptop (see attached image/cost)
4- WYZE Smart plugs (see attached image/cost)
MOTU interface (see attached image/cost)
Phenom custom software
Subtotal------------------------------- $1750
Speaker Brackets
15 brackets - (3 custom)
Design, materials, fabrication, Studio mgmt/OH
Installation estimate in 3 prototypes
Subtotal------------------------------ $2000
7 Pair JBL Control 23's Audio Speakers $2100
Page 4 of 7
TRAVEL EXP-
LAX/FW/LAX Air ----
Day Fee Principal —
Day Fee Ass ---------
Studio OH/Mgmt----
SUBTOTAL -----------
2 nd Trip- TRAVEL EXP-
LAX/FW/LAX Air --------------------
Day Fee Principal ---------------
Day Fee Ass ---------------------
Studio OH/Mgmt----------------
SUBTOTAL ---------------------------
$600.
$1000.
$500.
250.
$600.
$2000.
$1000.
$250.
6 CROWN 660A Amplifiers (or similar)
@$420. ea -------------------------------------------
Install labor- 2 days (see above TRAVEL)
TOTAL-----------------------------
$2350
-$3850
---- $2520
$20,820.00
Page 5 of 7
REVISED EXHIBIT "D"
REVISED COMPENSATION SCHEDULE
1. Compensation.
a. The City shall pay Artist an amount not to exceed TWENTY-ONE THOUSAND
DOLLARS AND ZERO CENTS ($21,000.00) for all services performed, including but
not limited to, materials and supplies, equipment rentals, and labor, insurance, incidental
costs, contingencies, transit, travel, and any costs required for upgrades to the Artwork in
accordance with the provisions of this Agreement. Artist and City may amend this
Agreement to allow for additional payment if additional services are required.
b. Services outlined in this Agreement are based on costs in accordance with Exhibit "F"
("Revised Proposal").
c. Compensation for all of Artist's services performed pursuant to this Agreement shall be
made on an invoice basis supported with documentation at invoicing, with total fee,
including, but not limited to, all reimbursable expenses.
d. Artist will not bill City for tax pursuant to Artist's use of Exhibit `B" as outlined in
section 1.2 of this Agreement.
e. Any additional expenses not outlined in this Agreement or exhibits incurred by Artist
must be approved in writing by Contract Manager before being added to the invoice
submitted to the City.
2. Pavment Schedule.
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:
a. EIGHT THOUSAND DOLLARS AND ZERO CENTS ($8,000.00) within thirty
calendar days of this Agreement taking effect and after City issuance of a purchase
order.
b. TWO THOUSAND, FOUR HUNDRED TWENTY DOLLARS AND ZERO CENTS
($2,420.00) within thirty calendar days of Contract Manager's inspection of the
installation of upgrades to the computer system and review of the security brackets.
FIVE THOUSAND DOLLARS AND ZERO CENTS ($5,000) following approval of
revised proposal including additional recommended equipment.
d. THREE THOUSAND, FIVE HUNDRED DOLLARS AND ZERO CENTS
($3,500.00) within thirty-five days after Final Acceptance and receipt by City of such
Page 6 of 7
documentation as it may require concerning payment of services, equipment, supplies,
and incidentals rendered.
e. The total compensation listed in section 1(a) of this Revised Exhibit "D" includes
payment for unforeseen changes in the approved repairs from a contingency fund in an
amount up to TWO THOUSAND EIGHTY DOLLARS AND ZERO CENTS
($2,080.00) for costs associated with upgrades that are incurred by the Artist upon
(i) receipt of supporting documentation by the Contract Manager from the Artist and
(ii) approval by the Contract Manager of the additional costs.
f. Artist shall submit a signed invoice to the City's Contract Manager for payment under
this Agreement within fifteen (15) days of completing services under this Agreement and
include any necessary receipts.
g. City shall compensate Artist in full within thirty (30) days after receipt of Contractor's
final invoice and all deliverables.
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