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HomeMy WebLinkAboutContract 54007-A9AD16City Secretary Contract No. rf/CX)]-8'fADllP NINTH AMENDMENT AND SIXTEENTH ADDENDA TO CITY SECRETARY CONTRACT NO. 54007 This Ninth Amendment and Sixteenth Addenda to City Secretary Contract No . 54007 is entered into 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 Iron Mountain Information Management, LLC D/B / A Crozier Fine Arts ("Contractor"). City has designated the Arts Council of Fort Worth & Tarrant County D/B/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) ("Agreement") whereby Contractor agreed to provide specific services for the purpose of assisting with the care and maintenance of the Public Art Collection; and WHEREAS , the term of the Agreement provided for an initial one-year term with the option, in City's sole discretion, to renew the Agreement under the same terms and conditions for up to four (4) one-year renewal periods, and the Agreement is currently in its Third Renewal period; and WHEREAS, City agreed to pay Contractor an annual amount not to exceed Fifty Thousand Dollars and No Cents ($50 ,000.00) based on the hourly rates detailed in the Contractor's Rate and Fee Schedule set forth in the Agreement; 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-Al; 54007-A2; 54007-A3; 54007-A4 ; 54007-A5; 54007-A6; 54007-AM3A7; 54007-A8; 54007-A9; 54007-Al0; 54007- Al I ; 54007-A5AD12; 54007-R3Al3; 54007-A6RAD13; 54007-A7RAD14; and 54007- A8AD 15), and has amended the agreement eight times (City Secretary Contract Nos. 54007-AM 1; 54007-AM2; 54007-AM3A7; 54007-AM4; 54007-A5ADl2; 54007-R3A6; 54007-A7RADl4; and 54007-A8AD15); and WHEREAS, in City Secretary Contract No . 54007-A8ADl5, the City increased the compensation amount in the Third Renewal Term to a total amount of$77,000.00; and WHEREAS, City owns a public artwork titled Urban Quilt, an installation including seven powder coated street light poles and 32 polychrome banners , located at the Berry Riverside Urban Village located at 1595 East Berry Street, Fort Worth, Texas, 76119; and Ninth Amendment an d ix teenth Addendum to Fort Worth City Secretary Contract No. 54007 Execution Copy OFFICIAL RECORD COTY SECRETARY FT. Ba iiti, X ,. WHEREAS, through City's Transportation and Public Works Department, City is making street improvements that requires the poles and banners to be removed, and the City wishes Contractor to deinstall, pack, and move the banners to a City-specified storage facility and then reinstall the artwork when the street construction project is complete; and WHEREAS, Contractor has provided a cost estimate for services attached hereto as Exhibit "G"; and WHEREAS, City also requires Contractor to assess and clean additional public artworks detailed and attached herein as Exhibit "H''; and WHEREAS, work included in Exhibit "H'' will be scheduled and completed pending weather and access, and any work that is not able to be completed prior to the end of the Third Renewal term shall be documented and submitted in written form to the City with supporting detail; and WHEREAS, City and Contractor now wish to increase the compensation by Twenty-Two Thousand Dollars ($22,000.00) during the Third Renewal period of the Agreement to provide for these additional as-needed services; NOW THEREFORE, in consideration of the mutual covenants herein expressed, the Parties agree to amend the Agreement as follows: I. Section 3. COMPENSATION shall 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 8-Contractor's Rate and Fee Schedule during the Initial Term, the First Renewal Term, and the Second Renewal Term. Total payments made under this Agreement for the Initial Term shaJI not exceed FIFTY THOUSAND DOLLARS AND NO CENTS ($50,000.00). Total payments made under this Agreement for the First Renewal Term by City shall not exceed ONE HUNDRED THIRTY-FIVE THOUSAND SIXTY- FOUR DOLLARS AND FOURTEEN CENTS ($135,064.14). Total payments made under the Agreement for the Second Renewal Term by City shall not exceed NINETY-NINE THOUSAND FIVE HUNDRED DOLLARS AND NO CENTS ($99,500.00). Total Payments made under the Agreement for the Ninth Amendment and Sixteenth Addendum to Fort Worth City Secretary Contract No. 54007 Execution Copy Page 2 of7 Third Renewal Term by City shall not exceed NINETY.NINE THOUSAND DOLLARS AND ZERO CENTS ($99,000.00). During this Third Renewal Term , City shall pay Contractor at 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. 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. Unless otherwise amended, total payments made under the Agreement for any subsequent renewal periods (if any), shall not exceed FIFI'Y THOUSAND DOLLARS AND ZERO 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 approves such expenses in writing. II . The attached Exhibits H and G are added to the Agreement and incorporated therein for all purposes . III. All other terms, provisions, conditions, covenants, and recitals of the Agreement not expressly amended herein shaH remain in full force and effect. IV. 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 TIF image, or an electronic signature, shall be treated as and shall have the same effect as an original. Nint h Amend men t and Sixteenth Addendum to Fort Worth C ity Secretary Contract No. 54007 Execution Copy (Signature page follows) Page3 of7 ACCEPTED AND AGREED: CITY OF FORT WORTH By:J~':>-✓ - Mark McDaniel Deputy City Manager CONTRACT COMPLIANCE MANAGER IRON MOUNT AlN INFORMATION MANAGEMENT, LLC D/BIA CROZIER FINE ARTS By.~ Ann~ Regional Director of Operations Date: 2-/ l+/ 2-4 1 By signing, I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all perform~and reporting requirements . ~Ii Jennifer Conn,f~b¥c Art Collection Manager Arts Council o(),ott Worth & Tarrant County, Inc . APPROVED AS TO FORM AND LEGALITY: By: 7:~Q~ Trey Quall Assistant City Attorney ATTEST: Contract Authorization: Form 1295: NIA M&C: NIA N inth Amen d men t and Sixteenth Addendum to Fort Worth City Secretary Contract No. 54007 Execution Copy OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX ---..J2 ~-..uJI..J,J EXHIBITG Estimate a: QUO-Ofi8l4 Date Issued: 2/8/2024 EJiplliltlon Date: 3/9/2024 ~-of lllis q11ota .. ...,. you ..--1n-tfsmsand Condtiansj Ow canmaadonpaadal •• __. .. • .._ bono .. of 11111 ci-ate rar addllanal darlty. nus ESTIMATE IS NOT A CONFla.ATlON Of IIOCaCING AND DOES NOi' INCWDE TIIAIISIT INSUIIANCE UNIESS C7T11EIIWISE NOlm. Olent: C.ontlct: Email: Payment Terms: Jab Scape: Fort Warth Publk Art Jenny Conn jmnn@artsmunclfw.org Nd60Days Estimated By: Crall Rember Email: aembe,f!ldlsplaysfas.mm Clent Referencir: •urtaan Qullt9 FWPA-De-lnstallin1, padcin1, collection and delive,y of (32) banners of various sizes ta storqe and then reill5bllling them after construction. Each pole, bradcet and its respective banner must haW! ID for re- instalation. Deliver banners to Fort Worth Community Arts Center fc.-storase. Construction is expected to last at least one year. The city will de-install and reinstall the pole$ c.-work around them. (4) art handlers at $110.00/hour each for (8) hours plus materials. Cost includes administration fees for planning meetin1s. Admln-Fees Hourly labor-Business Houts IMtallatlon Kit Packh,_ Materials Admin fees-planning meetings FWPA-De-installing. packifll, collection and delivery of (32) banners of various sizes to sbJra1e and then reln5blllina them after mnslruction. Each pole, bracket and its respectivoe banner must have ID for re- installation. Deliver banners ta fort Worth Community Arts Cent8' fM storage. Construction Is expected to last at least one year. The dty will de-install and reinstaD the poles or work around them. Misc. materials Packing materials $750.00 $3,520.00 $50.00 $250.00 Total: $4,570.00* 0 Eslingte is a minimum charge and does not ind~ sales ta. Additional charges may apply I' lhere Is a cllanse in job scope. 0 Thheslhatehvaadtor30daysand._.._theprvvldecllnforraadall.All .. edd ... _ _.,jlldlD ..... and •Mmnfnled • lhe dnleof lloo .... Pagelot2 Displays Fine Art Services, a division of Iron Mountillin lnfonmlion MallillffC~ UC d/b/a Crozier flne Arts !htlp://www.crotX.-,l-illrls.com! Ninth Amendment and Sixteenth Addendum to Fort Worth City Secretary Contract No. 54007 Execution Copy Page S of7 Estimate I: QUOOli1l26 Date ts.eel: 2/8/2024 &plratlon Date: 3/9/2024 Aa:aptanatollllllq90te-yoaaa,aeto-ft-..ic.oiddans! o.r-.........,poldal ••Nalal at dw llonara ol INI CfllCII• for••....., dartty. llflSESTlMATE IS NOTACDIIIFlaMATIONOf'IIOCltlNGAND DOB NIJTINCWDETIIANSITINSUIIANCI: UNIESS0111EIIWISE NCJT'ED. Olent fort Worth Publk Art Estimated By: crai, Rember Contact: Jenny Conn £mall: ja,nn~arbmundlw.01g Email: crember@ldlsplaysfas..mm Clent~cie: •urban ~llt"-.20Z4 Payment Terms: Net 60 Days Job Scope: FWPA-Collection, delivery and installation or (32) banners of vari~ sizes. Each pole, bracket and its respective banner will have ID for re-installation. Collect banners rrom Fort Worth Community Arts Center for storage. (4) art handlers at $95.00/hour each for (8) hours plus materials. Admln-Fees Houdy labor -Business Hour5 lnsblllatlon Kit Matatals Admin fees-planni111 meetings FWPA -Collection, delivery and instalation of (32) banners of various sizes. Each pole. bracket and its respective banner wlH have I> fw re- insblllation. Collect banners from Fort Worth Community Arts Center for storage. (4) art handlers at $110,pc)/hour each for (8) hours plU5 materials. Misc. materia Is Installation materials $750.00 $3,520.00 $50.00 $250.00 Total: $4,570.00* •Eslfm;ite is .:i minimum ch.:Jrge and does not indude sales t.n. .Addition.:il ch.1rges may apply if there is.a cha• in job scope. •nn ftlhlll•ls ~ for30 clays -.d ._.. _ .... prawldad lnfnmlatlan. Allstad d._.,. adljact 10 danp ......... _.,.,.. ...... o1..,.,.... CANCEUATION POUa' DFASr__, Ilia ,idlt to.....,.,. cani:allatlall arr~ fae • folaws; flldmlw or u,.., H-' Shlplwtts: 15-U daws -sea, 10days or las-100",. • __,.._,..., liolels .._ ahady.,_,llooudat tlie.._af_........_,-1°"' Paee lof 2 Displays Fine Art Services, a division of Iron Mountain Information Management, LLC d/b/a Crozier Fine Arts [hllo:/Jwww.cro:rierfincarts.coml Ninth Amendment and Sixteenth Addendum to Fort Worth City Secretary Contract No. 54007 Execution Copy Page 6 of7 EXHIBITH I) Blue Lines, Police Department East Division, 1100 Nashville Avenue, Fort Worth, Texas, 76105 2) Chroma Refraction, North Park YMCA, 9100 North Beach Street, Fort Worth, Texas, 76244 3) Oxbow Traces, Clearfork Main Street Pedestrian Bridge, 2700 Hulen Street, Fort Worth, Texas, 76109 4) Trailing the Trinity, Clearfork Main Street Pedestrian Bridge, 2700 Hulen Street, Fort Worth, Texas, 76109 5) Untitled: Marine Creek, Marine Creek Park, 3317 Chestnut Avenue, Fort Worth, Texas 76106 6) Drift, Westcreek Hike & Bike Trail, Westcreek Drive between Martin Lyndon Avenue and Cordone Court, Fort Worth, Texas, 76133 Ninth Amendment and Sixteenth Addendum to Fort Worth City Secretary Contract No. 54007 Execution Copy Page 7 of7 February 15 , 2024 Page 2 of3 Therefore , in identifying a way to code the different types of holiday pay , we encountered a logistical obstacle. The CBA was silent on how to address this issue. In reviewing the issue more closely , we recognized that the language utilized in the CBA regarding holiday pay and certain other types of overtime could be misinterpreted as a technical violation of 29 CFR § 778.319. In the interest of resolving this situation, the City will continue to pay holidays wo rked at 1.5 times their holiday rate , which is defined by the CBA as "an individual 's step rate within their rank ," and to consider all hours actually worked as "productive" time regardless of whether the fire fighter was scheduled to work or not scheduled to work. The additional holiday premium rate (which for those who were scheduled is an additional .5 , and for those not scheduled an additional 1.0), will be paid as "non-productive." This will allow continuity of the prior coding practice of holiday pay for those scheduled to work on the holiday and will avoid any discrepancies on the payment of double time holiday pay for those who were not scheduled to work. While the City's intent for the language in the last paragraph of Article 12 , Section 4 regarding double time , was that the City would be entitled to overtime credit for this premium pay under 29 CFR §778.200 et seq ., it is logistically burdensome to manually calculate this pay, and we are presently unable to separate efficiently the scheduled holiday work from the unscheduled work. Therefore, unless and until the new payroll system is operational , and only if this intent can be implemented, we will continue to pay holiday pay in the manner stated above. To clean up any confusion, we have drafted a proposed MOU outlining the clarifications needed to the language in Article 10 , Overtime , and Article 12 , Vacation/Holiday Leave. Please let us know if you would like any changes to the proposed MOU; you can address your concerns directly with Christine Stutz , Senior Assistant City Attorney , at christine.stutz@fortworthtexas.gov, 817-392-2316. Otherwise , if you are in agreement with the proposed language, please have your appropriate representative sign the document and return it to Christine Stutz for the City Manager 's signature. We appreciate your patience as we have worked through these issues. Sincerely , Leann D. Guzman City Attorney cc : David Cooke 200 Texas Street February 15 , 2024 Page 3 of3 Fort Worth, Texas 76102 David. Cooke@fortworthtexas .gov Valerie Washington 200 Texas Street Fort Worth, Texas 76102 Valerie.Washington@fortworthtexas.gov Chief James Davis 200 Texas Street Fort Worth, Texas 76102 Jim .Davis@fortworthtexas.gov DOCUMENT TITLE: FORT WORTH Routing and Transmittal Slip FWLab Fort Worth Public Art Professional Services Ag r eement between t he City of Fort Worth and Crozier Fine Art Services M&C ------CPN ------CSO #54007 AM9AD16 DOC# ____ _ DATE: TO: INITIALS DATE OUT 1. Trev Qualls , Assistant Ci ty Attorney TQ 2/15/2024 2 . Deputy Ci t y Manager Mark McDan iel M}/\ z.,.. 2-3--v-l 3. Jannette Goodall , Cit y Secretary ' 4 . 5. 6 . DOCUMENTS FOR CITY MANAGER'S SIGNTURE: All documents received from any and all City Departments requesting City Manager's signature for approval MUST BE ROUTED TO THE APPROPRIATE ACM for approval first. Once the ACM has signed the routing slip, David will review and take the next steps. NEEDS TO BE NOTARIZED: □ Yes X No RUSH: D Yes X No SAME DAY: □ Yes X No NEXT DAY: □ Yes X No ROUTING TO CSO: □ X Yes □ ~....-----------, Action Required: -f\\~\rJ::> Jr\,J 1D V)~ □ As Requested □ For Your Info rmation .all?\ C M M'Jm\-~~a et X □ Signatu re/Routing and or Reco rd ing T 1 \ • \,} • ~ ~ifemment Cit f <AOty fo (,(JY\lNL, ~ '{{ rn;-\a} \ Tabs Return to: Please emai l a copy of t he fu ll y exec lA.Y\ t.lft YTtUe,<::{ ollection Manage r, Arts Fort Worth at ·conn artsfortwort l\ _,.......J.. \ 1 ~ -Wl llJl QC[), tlM,rt'°"A\ t\Jrd,[j i~ ~(~ Thank you !