EXHIBIT A
AMENDMENT # 1
Contract # 52552
The City of Portland (“City”) and the Regional Arts and Culture Council (“RACC”) agree to amend Contract #52552 as follows:
1. Section A, Scope of RACC Services, is amended by adding the following language:
16. Receive and Disburse funds appropriated by City Council to those arts and cultural organizations specifically identified by City Council in the approved City budget or in a City ordinance that are in addition to any funds contemplated by this agreement.
2. Section B, Scope of City Services, is amended by adding the following language:
10. The City shall pay RACC for maintenance and repair of public art and cultural resources not otherwise required to be made by this agreement when the maintenance and repairs are authorized in advance by a Bureau Director, payment comes from previously budgeted Bureau funds or, in the case of Risk Management, from funds obtained from third parties or their insurance carriers. Directors shall not authorize payments in excess of $5,000 unless the Director receives advance authorization from the City Council member who is the ongoing liaison to RACC. Notwithstanding the above provisions, the Director of Risk Management is authorized to make payment for repairs in excess of $5,000 provided funds for the repair have been recovered from third parties or their insurance carriers.
11. The City’s Bureau of Risk Management retains the authority to seek restitution from third parties and their insurance carriers when public art or cultural resources, or both, are damaged and to pay such sums to RACC for any necessary repair in accordance with the procedures set forth in Section D(3).
12. Bureau Directors shall forward a copy of the RACC invoices pursuant to section D3 to the Office and Management and Finance, who shall report in January of each year to the City Council member designated as the ongoing liaison to RACC about payments made pursuant to Paragraphs 10 and 11.
3. Section C(1), Compensation, is amended by increasing the funding base for this agreement by an additional $300,000, raising the funding base from $2,116,924 to $2,416,294.
4. Section D, Payment Procedure, is amended by adding the following language:
3. RACC may seek reimbursement for maintenance and repair of public art and cultural resources not otherwise required to be made by this agreement by obtaining advance authorization from the Bureau Director from whose Bureau payment will be made, and by then submitting an invoice to the Director detailing the work that was done and the amount spent by RACC.
5. Sections V(1) and V(2), Amendments, are deleted in their entirety and replaced with the following language:
1. The City and RACC may amend this agreement at any time. All amendments shall be in writing, executed by the City and RACC, and approved as to form by the City Attorney’s office in order to be valid and binding.
2. The Council member appointed as the ongoing liaison to RACC (“liaison”) is authorized to amend the terms and conditions of this agreement provided the amendment does not increase the City’s cost or risk.
3. The liaison is also authorized to amend this agreement to provide additional funds to RACC beyond the funding base identified in Paragraph C(1), but only if the additional funds have been expressly identified as payments to or through RACC in an adopted and approved City budget or in an approved ordinance.
CITY OF PORTLAND, OREGON REGIONAL ARTS AND CULTURE
COUNCIL
By: ______________________________ By: ______________________________
Sam Adams
Title: Portland City Commissioner Title: ______________________________
Date: ______________________________ Date: ______________________________
Approved as to Form:
__________________________________
City Attorney’s Office