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Home My WebLink AboutContract 54007-AM1 i:1 i"Y SECRETARY "%1TRACT NO. FIRST AMENDMENT TO CITY SECRETARY CONTRACT NO. 54007 This First Amendment of City Secretary Contract No. 54007 ("First Amendment") is 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 DISPLAYS, LLC. D/B/A DIPSLAYS FINE ART SERVICES ("the "Contractor"). The City has designated the Arts Council of Fort Worth & Tarrant County, Inc. to manage this Agreement on its behalf. WHEREAS, on June 10, 2020, the City and Contactor entered into a professional services agreement (City Secretary Contract No. 54007) whereby Contractor agreed to provide specific services for the purpose of assisting with the care and maintenance of the Public Art Collection ("Agreement"); WHEREAS, the Agreement sets forth that the services to be performed shall be based on the Fort Worth Public Art Work Plan and on an as-needed basis in accordance with fully executed Service Delivery Orders, and as such the Parties have entered into several addenda in accordance with the Agreement (City Secretary Contract Nos. 54007-A1, 54007-A2, 54007-A3, 54007-A4) (collectively, the "Agreement"); WHEREAS, on May 5, 2021, the Parties entered into a Service Delivery Order to provide for the reinstallation of elements of a public artwork titled along the river by Chris Powell that had been moved to storage for the safety of the artwork during roadway construction ("Services"), for a total amount of$14,222.50 CSC No. 54007-A2 ; WHEREAS under the original Agreement, City approved an amount not to exceed 50 000.00 annually for the Term of the Agreement, the Agreement is in its first term and the � Y g � g City and Contractor now wish to amend compensation for the first year of the Agreement only to allow for the above stated Services to be completed. NOW THEREFORE, in consideration of the mutual covenants herein expressed, the Parties agree to amend the Agreement as follows: 1. The first paragraph of Section 3. COMPENSATION shall be amended and replaced in its entirety with the following: 3. COMPENSATION. �(121 City shall pay Contractor the hourly rates of Contractor personnel who perform specific services under this Agreement in accordance with the CC(`C gZ5, R provisions of this Agreement and Exhibit B — Contractor's Rate and Fee OFFICIAL RECORD First Amendment to Fort Worth City Secretary Contract No.54007 CL/�jq#§TARY FT WORTH,TX Schedule. Total payment made under this Agreement for the first year by City shall not exceed SIXTY-FOUR THOUSAND TWO HUNDRED TWENTY-TWO DOLLARS AND FIFTY CENTS ($64,222.50). Payment hereunder shall constitute full compensation for any and all costs associated with this Agreement, including, but not limited to, all Services performed and materials furnished by Contractor under this Agreement. Total payment made under the Agreement for any subsequent renewals by City shall be an annual amount not to exceed FIFTY THOUSAND DOLLARS AND NO CENTS ($50,000.00). Contractor shall not perform any additional services or bill for expenses incurred for City not specified by this Agreement unless City requests and approves in writing the additional costs for such services. City shall not be liable for any additional expenses of Contractor not specified by this Agreement unless Contract Manager first approves such expenses in writing. II. All other terms, provisions, conditions, covenants and recitals of said Agreement not expressly amended herein, including but not limited to Sections 3.1 through 3.8, shall remain in full force and effect. III. 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 tiff image, or a signature, shall be treated as and shall have the same effect as an original. (Signature page follows) First Amendment to Fort Worth City Secretary Contract No.54007 Page 2 of 3 ACCEPTED AND AGREED: CITY OF FORT WORTH DISPLAYS LLC D/B/A DIPSLAYS �• FINE ART SERVICES By: ll �.� By: Fernando Costa Pamela Suggs Assistant City Manager General Manager Date: 8f 23 A0Z 1 Date: 8/19/2021 CONTRACT COMPLIANCE MANAGER By signing, I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring,alJ-.15erformance and reporting requirements. Jennifer Conn, Public Art Collection Manager Arts Council of Fort Worth &Tarrant County, Inc. APPROVED `A,'�S TO FORM AND LEGALITY: By: UJ Jessik4Villiams �ri Assistant City Attorney 0M A. AT ^ "� By: .� Ron, ld Gonzales Acting City Secretary Contract Authorization: Form 1295: M&C: N/A Date Approved OFFICIAL RECORD CITY SECRETARY First Amendment to Fort Worth City Secretary Contract No.54007 F1 Wn OTH,TX From: Williams,Jessika J To: Soto.Vania Elizabeth Subject: RE:Amendment No. 1 to CSC No. 54007 Date: Wednesday,September 1, 2021 4:56:59 PM Hi Vania, Is there any way that this amendment, and any subsequent amendments for this agreement, can be labeled "AM-1." My concern is that other documents may already reference the addenda as "Al, A2," etc. So those documents would then have to be amended to reflect the new suffix/numbering. Thanks in advance, Jessika From: Soto, Vania Elizabeth Sent: Wednesday, September 1, 2021 8:18 AM To: Williams,Jessika J <Jessika.Williams@fortworthtexas.gov> Subject: RE: Amendment No. 1 to CSC No. 54007 Following up on this email. Do we want to go ahead and change the numbering on the old ones?If that is the case I can do that but whoever is in charge of these will need to notify the vendor and anyone else that it has been changed and since it is with Public Art I don't know who the point of contact is. Vania E. Soto Administrative Assistant City Secretary's Office 817-392-6090 Vania.Sotoa.fortworthtexas.gov From: Soto, Vania Elizabeth Sent: Wednesday, August 25, 2021 4:44 PM To: Williams,Jessika J <Jessika.WilliamslaDfortworthtexas.gov> Subject: RE: Amendment No. 1 to CSC No. 54007 Yes typically the suffix for addendums is AD,but I didn't know how to number them as I didn't go into depth on reading the contract so when I asked Royce he said to number them as Amendments. I can make changes to the old copies and number them as AD but then we would need to make sure everyone that needed a copy of this was aware of the change and I don't know who needs this? Vania E. Soto Administrative Assistant City Secretary's Office 817-392-6090 Vania.Sotoafortworthtexas.gov From: Williams,Jessika J Sent: Wednesday, August 25, 2021 4:25 PM To: Soto, Vania Elizabeth <Vania.Soto(@fortworthtexas.gov> Subject: RE: Amendment No. 1 to CSC No. 54007 Hi Vania, When I go back and review Al-A4, the body of the document talks about the delivery orders being the "first addenda", "second addenda", etc.That is in accordance with the terms of the agreement as well. I know we typically use "A"for amendments and "AD" for addendums; I am not sure why it was originally labeled "A" and not "AD" since they are addendums. But is there a way to change how those are labeled in laserfische?Or is there a different letter we can use for amendments? Thanks in advance, Jessika From: Soto, Vania Elizabeth Sent: Wednesday, August 25, 2021 4:05 PM To: Williams,Jessika J <Jessika.WilliamsPfortworthtexas.Rov> Subject: Amendment No. 1 to CSC No. 54007 Importance: High Hi Jessika, I am working on a contract sent over that is saying it is amendment No. 1. The only problem is that Royce used to be in charge of the contracts and when they were doing the Service Deliver Order he had asked that they be numbered as Amendments. So we technically already have a 54007-A1 on file. How would you like us to handle this issue? Vania E. Soto Administrative Assistant City Secretary's Office 817-392-6090 Vania.Sotoafortworthtexas.gov