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Amendment No. 1 200.3- ~~S/s/ L/1./5' 070ag AMENDMENT NO.1 TO THE COMMISSIONED ARTWORK SERVICES AGREEMENT BETWEEN CITY OF MIAMI BEACH, FLORIDA AND ANDREW REID IN AN AMOUNT NOT TO EXCEED $12,730, TO PROVIDE SERVICES FOR THE DESIGN AND INSTAllATION OF 24 liNEAR FEET OF ARTISTIC FENCE (THE AGREEMENT) () . - ":") 1__,) "... This Amendment No.1, dated as of December 15, 2003, to the Agreement, dafedMatch 19, 2003 and executed on July 24, 2003, by and between the CITY OF MIAMI BEACH, a political subdivision of the State of Florida, (hereinafter referred to as "CITY"), and Andrew Reid (hereinafter referred to as "ARTIST"). RECIT AlS WHEREAS, ARTIST has the experience of creating art work for public places; and WHEREAS, the proposed total cost of the art project described in the Agreement is approximately $200,000; and WHEREAS, the compensation to ARTIST under the Agreement is $33,800; and WHEREAS, pursuant to the need to adjust the length of the Artistic Fence (the art work project) to the site's agreed design dimensions, it is necessary, through the foregoing amendment, to provide an additional 24 lineal feet of fabrication and installation of aluminum artistic fence; and WHEREAS, ARTIST has proposed providing the additional 24 lineal feet of the Artistic Fence for an additional not to exceed amount of $12,730; and WHEREAS, this fee is based on actual effort, paid on a lump sum; and WHEREAS, the CITY wishes to execute Amendment No. 1 to the existing Agreement between the CITY and the ARTIST to provide the additional 24 lineal feet of Artistic Fence, and services for the design and fabrication, and installation of the Artistic Fence, in an amount not- to-exceed $12,730. 1 NOW, THEREFORE, the parties hereto, and in consideration of the mutual promises, covenants, agreements, terms, and conditions herein contained, and other good and valuable consideration, the respect and adequacy are hereby acknowledged, do agree as follows: 1. ABOVE RECITALS The above recitals are true and correct and are incorporated as a part of this Amendment No.1. 2. MODIFICATIONS The Agreement is amended to include the additional services, as described in Exhibit "A-1 ", entitled "Additional Services", attached hereto. 3. OTHER PROVISIONS All other provisions of the Agreement, as amended, are unchanged. IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 1 to be executed in their names by their duly authorized officials as of the date first set forth above. ATTEST: CITY OF MIAMI BEACH, FLORIDA ~() PM~ CITY CLERK By' ~~~ ~ . J RG- - ONZALEZ, Y MANAGER ARTIST BY:~ Andrew Reid Print Name -1; / / . I APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION , 1-9- oy u.. 2 Exhibit "A-1" To Amendment No.1 Additional Services DECEMBER 01, 2003 Scope of Services: FENCE FABRICATION & INSTALL For decorative aluminum fence: 24 X 6.5 feet Fabrication and installation $1 ,500 $11,230 ARTIST FEE TOTAL $12,730 NOTE: This estimate is based on the proposal made by the Artist via facsimile on November 19, 2003. All amounts are Not-to-Exceed amounts and will be payable according to the terms of the original Agreement, as amended. Exhibit "A-1" Page 1