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Home My WebLink AboutContract 54007-AM3A7 CSQ REC'D JUN 2'22 PM3:21 CITY SECRETARY REC'D CONTRACTNO. 544X1-AM.31N-7 22 pm3:21 THIRD AMENDMENT AND SEVENTH ADDENDA TO CITY SECRETARY CONTRACT NO. 54007 This Third Amendment and Seventh Addenda of City Secretary Contract No. 54007 's 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. DB/A DIPSLAYS FINE ART SERVICES ("the "Contractor"). The City has designated the Arts Council of Fort Worth & Tarrant County DB/A Arts Fort Worth 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 term of the Agreement allows for an initial one-year term with an option, in City's sole discretion, to renew the Agreement under the same terms and conditions for p to four(4) one-year renewal options and; WHEREAS, the Agreement sets forth that the services to be performed shall be based on the Fort Worth Public Art Annual 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, 54007-A5, and 54007-A6) (collectively, the "Agreement"); WHEREAS,the Agreement is currently in its first renewal period; WHEREAS, City wishes to amend the agreement to correct the annual compensation amount for the Initial Term as well as the First Renewal Term as they were incorrectly referenced in the second amendment to the Agreement(CSC 54007-A2); WHEREAS, the annual compensation for the Renewal Term will also be amended in order to provide for additional repairs to an artwork titled Collective Transitions by Kipp Kobayashi sited in the lobby of Meacham International Airport located at 201 American Concourse, Fort Worth, 76106 caused by a third-party vendor during window replacement and the Contractor has provided a preliminary Repair Estimate attached hereto as Addendum"7"; WHEREAS, the annual compensation amount for the Initial Term will now read $64,222.50 to include the original $50,000.00 annual limit plus $14,222.50 of additional se ices as captured in Amendment 1 of the Agreement; WHEREAS, the annual compensation amount for the First Renewal Term will now read $94,088.53 to include the original $50,000.00 annual limit plus $28,350.00 of ad fionalseF7icesi OFFICIA RECORD Third Amendment to Fort Worth City Secretary Contract No. 54007 CITY SUMETARY FT. WORTH, TX as captured in Amendment 2 of the Agreement and $15,738.53 as described in the attached Addenda 7. NOW THEREFORE, in consideration of the mutual covenants herein expressed, the Parties agree to amend the Agreement as follows: I. The paragraphs preceding of Section 3.1 of Section 3. COMPENSATION sha I be amended and replaced in its entirety with the following: 3. COMPENSATION. City shall pay Contractor the hourly rates of Contractor personnel who perform specific services under this Agreement in accordance with the provisions of this Agreement and Exhibit B — Contractor's Rate and Fee Schedule. Total payment made under this Agreement for the Initial Term by City shall not exceed SIXTY-FOUR THOUSAND TWO HUNDRED TWENTY TWO DOLLARS AND FIFTY CENTS ($64,222.50). Total payment made under this Agreement for the First Renewal Term by City shall not exceed NINETY-FOUR THOUSAND EIGHTY-EIGHT DOLLARS AND FIFTY- THREE CENTS ($94,088.53). 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 Second 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 rema n in full force and effect. Third Amendment to Fort Worth City Secretary Contract No. 54007 III. This Amendment and Addenda 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 a signature, shall be treated as and Shall have the same effect as an original. (Signature page follows) Third Amendment to Fort Worth City Secretary Contract No. 54007 ACCEPTED AND AGREED: CITY OF FORT WORTH DISPLAYS LLC DB/A DIPSLAYS : NE �1 ART SERVICES By: By: Fernando Costa Pamela Suggs Assistant City Manager Vice President of Sales Date: (o4-Azaxx Date: 5/25/2022 CONTRACT COMPLIANCE MANAGER By signing, I ac owledge that I am the person responsible for the monitoring and administration of this contract, including ensuring.all performance and reporting requirements. Jennife Conn, Public Art Collection Manager Arts Council of Fort Worth & Tarrant County, Inc. APPROVED AS TO FORM AND LEGALITY: I By: Jessik illiams Assistant City Attorney ATTES By: n tt Goodall ' ` City Secretary '"` Contract Authorization: Form 1295: M&C: N/A Date Approved a OFFICIA RECORD CITY SE RETARY Third Amendment to Fort Worth City Secretary Contract No. 54007 FT. WORTH,TX SERNICY DELI TRY ORDER T Oil-NDOR SERI-ICE S AGREEa1E NT CSC 54007 A7 BE T[VTE N DISPLAYS.LL C.AN D T HE CITY OF FORT AXORT HF OR PROFF S.SOIQN AI. ART SERZZCI S FOR THE FORT WORTH PUIBLIC ART COLLECTION Multi-YearE-endorSerrieesDdirerr Order This Multi-Year Vendor S enices Deliveryy Order form shall be governed by all the teas and conditions of the agreement aferamed below.The Agteeatent sets forth that Services tobe proided shall bebased on the Fort Worth Public Art Annual Work-Plan and on an as-needed basis as determined by Contact '-1lana4erin accordant=_~with this CendorServices Deliver Order. Spomassng(Cti.tnt)Department Planning&DataAnalsties City S ecrstaty Contact:umber: City Sacretary Contracts umber DalivaryOtder`.+�umber. CSC 54007A6(Sixth Addenda) Pv*ect.Name: Dr&:Greneal Clete and Sealing Prcfessional Services Firm Displays LLC. Date of Contract June 10,20N Delivery-Order Date: T In-4:1t12 City's Contact Manager: Arts Fort Worth Treatment Request attached hereto. Scope cf Warkand fee proposal perDigitaye,LLC letter dated Mxy4..20u Subject tileachaasFVP-i Colleeme Trar vrom—dreurarne Clam=:(attached). Fund Accastu Center:tio.: 55001-0551120-5330201 .Notice to Proceed Date_fDr this Delivery Order: At Cm"ct Eaa cation Completion Date-or this Deliver Orden: June 30,2=1 CITY OF FORT WORTH: Disphyz- LLC By: By: P&Jx4Ae7 4u Fetaando Costa Parna a Suggs 0 Assistant City'M alter Vice President of5ales Date: Date: 91112022 Third Amendment to Fort Worth City Secretary Contract No. 54007 Cstimatetl22IGU4= Date Issued:ltVW22 DISPLAYS UC ' Espration Datc.M/M/22 Fl" ART SERVICES Cim: Port Worth PibicArt Estimated By. Craig Rember Contact: JearIOoral Enlai: aember@dq laysfas.man Onai: jwM@arMcMwfCIfwarg CiattReference: FWPAColeRiueTTartsitiats- ►ayrrtEllt Terms: Net 6D Day6 Insurillce Chem 92 Est 91 for the'Irisura ce C9ara•,biled to FWPA SOOK Day 1-set-up Job Smpe: Day2,4l bor to wtagie&fix artwork Day 5 leer Down Lift vA be fdded up wild mulled out of the vray atthe end of theday,piywood wg rarait on the floorfor the duration of the jd1. Lator(HNKV) S 14AM.00 NwberW(a0plrleart RerEt.M,Pxkilg) S 1,7M.$ Total $ 15,738.53: 'Estirrot:is a minimlen dwp and does not kiclWe s 4es tax.Additional dram nuir apply if there is a des o in job s.npe. Non-Trandt Item Detais Description QtV H(in) L(in) Worn) PacUng Services lnduded: CobectiverransibonsOt5te 1 1 1 1 to IrMs!!ltlate 6Yfd fw lD dlala and based 6n dw pr*vi bl i lOtt®6=M EMW d<'RCL i!7bid w dmnV id v%i[bL-ccm.ffreed at dm tiny ofbooM g Aa=%imsae sullen w Db bys FAS Toms and Clmdkima lids art aaaaabk at Tema and Cosditirna Pags 1 or 1 Cull"1-51IMAlI,ISNOt A4.1mVIRMAf10401-H(K)KIKT AND L)lilti Mr)l 114:1-0M.I IM611 INIM RAKE:F.1lKLF'SS ll1 HF-RWLSF.KU1P1J� Third Amendment to Fort Worth City Secretary Contract No. 54007