City Council Agenda and Packet 2024 01 02

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FIRST AMENDMENT TO PUBLIC ART COMMISSION AGREEMENT This FIRST AMENDMENT TO PUBLIC ART COMMISSION AGREEMENT ("First Amendment") is made and entered into this day of , 20 ("Effective Date"), by and between the City of Louisville, a Colorado home rule municipality ("City"), and the Rita Vali and Arabella Tattershall, individuals (collectively, the "Artist") (Artist and City are sometimes referred to collectively as the "Parties"). WHEREAS, the City and Artist are parties to that certain Public Art Commission Agreement, dated April 11, 2022 (the "Original Agreement"), for Artist's creation and installation of a sculpture and base as further described and depicted on the Scope of Services attached to the Original Agreement as Exhibit "A"; and WHEREAS, under Section 4.1 of the Original Agreement and Exhibit "A", the Artist agreed to accept a total of $22,000 as compensation for the sculpture, including the footer, base, or concrete pad needed to support the sculpture; and WHEREAS, the Artist, with public safety in mind, hired a structural engineer at a cost of $1,600 to design a base that would hold the weight and stabilize the height of the sculpture, which base turned out to be much more costly than originally anticipated; and WHEREAS, the Artist has received quotes from contractors for the construction of an adequate base with an average cost of $3,700; and WHEREAS, in order to move the project forward and to alleviate an unanticipated financial burden on the Artist, the City desires cover the cost of the base up to $4,000; and WHEREAS, the Parties desire by this First Amendment to amend the Original Agreement to increase the Artist's compensation from a total not to exceed $22,000 to a total not to exceed $26,000. NOW THEREFORE, in consideration of the foregoing and the mutual promises contained herein and in the Original Agreement, the Parties agree as follows: Section 1. Exhibit A to the Original Agreement is herby amended to replace the reference to 122,000" with "$26,000", such that $26,000 shall serve as the definition of "Maximum Contract Amount." Section 2. Artist acknowledges and agrees that it has been paid $11,000 of the Maximum Contract Amount as of the Effective Date of this Amendment. Section 4.1 of the Original Agreement is hereby amended to authorize the City's payment of the 1 12