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Home My WebLink AboutContract 45063-A1A4 s L *r CITY SECRETARY CONTRACT N0. _ V FIRST AMENDMENT AND FOURTH ADDENDUM TO CITY SECRETARY RECEIVED CONTRACT NO. 45063 NOV 2 1 2017 Tliis First Amendment and Fourth Addendum to City Secretary Contract Number 45063 CIWOF FCAT(A#rth dendum") is by and between the City of Fort Worth("City"),a home-rule CITY SFCRIMUniCipaIity organized under the laws of the State of Texas, acting by and through its duly *`= aut�ued Assistant City Manager, Displays Unlimited, Inc., acting through Pamela Suggs, its `' r` . fotincr General Manager, and Displays,LLC (the"Contractor")acting by and through Pamela '"-� `--Suggs, its Operations Manager. The City has designated the Arts Council of Fort Worth and Tarrant County, Inc. as its Contract Manager to manage this agreement on its behalf. WHEREAS, on November 4, 2013, the City and Displays Unlimited, Inc. entered into City Secretary Contract Number ("CSC No.") 45063, as amended ("Agreement") whereby Displays Unlimited, Inc. agreed to provide specific services for the purpose of assisting with the care and maintenance of the Public Art Collection, and three renewals (CSC 45063 R1, R2, and R3)(collectively,the "Agreement"); WHEREAS, the City and Displays Unlimited, Inc., have entered into several addenda related to the services provided under the Agreement, including CSC No. 45063-ADI, 45063- AD2, and 45063-AD3; WHEREAS, the Agreement provided for an initial one-year term and for the possibility of three, one-year renewals, at the sole discretion of the City; WHEREAS, on November 19, 2014, the parties executed and renewed the Agreement for the first one-year renewal period, effective beginning on December 2, 2014, and expiring on December 1, 2015,the same being CSC No. 45063-R1; WHEREAS, on November 25, 2015, the parties executed and renewed the Agreement for the second one-year renewal period, effective beginning on December 2, 2015, and expiring on December 1, 2016,the same being CSC No. 40164-R2; WHEREAS, on December 2, 2016, the parties executed and renewed the Agreement for the third one-year renewal period, effective beginning on December 2, 2016, and expiring on December 1, 2017,the same being CSC No. 40164-R3; WHEREAS, Displays Unlimited, Inc., has changed its legal name to Displays, LLC and its General Manager has also changed her legal name to Pamela Suggs, whom also has a new title; WHEREAS, Contractor has agreed to assume all obligations under the Agreement, and City consents to the assignment of the Agreement from Displays Unlimited, Inc.,to Contractor; WHEREAS, Contractor and City also desire to enter into a new addendum for the provision of services associated with an artwork titled Memory: Fairmount Park by Bart Shaw located at 1506 5th Avenue, Fort Worth, TX 76110, and an artwork titled The Trinity by Ken Bernstein, East First Street Bridge, which is located on East First Street between Beach Street and Oakland Boulevard 76103,both pictured in the attached Exhibit'_12 - rks"); and First Amendment&Fourth Addendum to CSC 45063 a Execution copy 11/13/17 Page 1 of 6 WHEREAS, the City and Contractor wish to set out the additional Services to be provided per the Agreement that will be specific to this addendum and this Artwork with the intent that further Services may be requested by the City through future addenda; NOW, THEREFORE, in consideration of the mutual covenants and agreements hereinafter set forth,the sufficiency of which is hereby acknowledged,the parties agree as follows: 1. City Secretary Contract Number 45063 is hereby assigned from Displays Unlimited, Inc., to Displays, LLC, and all obligations under the Agreement, any renewals, amendments, or addendums are hereby the obligation of Contractor to perform. 2. The Services to be performed by the Contractor for this Fourth Addendum are set forth in the Contractor's Proposal for The Trinity at East First Street ("Contractor's Proposal for East First Street"), which is attached hereto as Exhibit"F" and incorporated herein for all purposes, and Contractor's Proposal for Memory: Fairmount Park at Fairmount Park, which is attached hereto as Exhibit "G" and incorporated herein for all purposes both of which include all labor, travel, and any other expenses required to complete the Services for this Artwork. If any terms and conditions contained in Exhibit F or G are contrary to the Agreement or this Fourth Addendum,the terms and conditions of the Agreement shall control first and then the terms and conditions of this Fourth Addendum. 3. In consideration of the Services to be performed under this Fourth Addendum, the City agrees to pay the Contractor an amount up to Five Thousand, Seven Hundred and Eighty Six Dollars and Sixty Cents ($5,786.60). 4. Contractor shall coordinate with the City to coordinate the required schedule and availability to access the Artworks. 5. Contractor shall provide in its final report any information related to the services provided under this Fourth Addendum including before and after documentation noting areas of concern and recommendations. 6. Contractor shall take such measures as are necessary to protect the Artwork from loss or damage, including, without limitation,purchasing and maintaining the insurance required in Article 6 of the Agreement. 7. All terms and conditions of the Agreement not specifically addressed herein remain in full force and effect and are binding upon the parties. 8. Contractor acknowledges that in accordance with Chapter 2270 of the Texas Government Code, the City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" shall have the meanings ascribed to those First Amendment&Fourth Addendum to CSC 45063 Execution copy 11/13/17 Page 2 of 6 terms in Section 808.001 of the Texas Government Code. By signing this Fourth Addendum, Contractor certifies that Contractor's signature provides written verification to the City that Contractor: (1) does not boycott Israel, and (2) will not boycott Israel during the term of the contract IN WITNESS WHEREOF,,4he parties•hereto have executed five copies of this Fourth Addendum in Fort Worth,Texas,c ay of .2017. CITY OF FORT WORTH DISP S, LC By: �(v Lsi� By: �---- Fernando Costa Pam la ggs Assistant City Manager OPaNeEie 1-M neger CONTRACT COMPLIANCE MANAGER By signing,I acknowledge that I am the person responsible for the monitoring and administration of this contract,including ensuring all performance and reporting requirements. gJenn Conn rt Collection Manager APPROYEE�AS TO FORM AND LEGALITY- ') 4 7 Jessica S A�'s vang, 'stant City A orney II Form 129 N/A �\'Ty 0 ATT ST: i� Mary J. K ys r S No M&C required '9� '' •..•.••Y\ •tar ACKNOWLEDGING AS TO NT OF AGREEMENT: ISP YS UNLIMITED,INC. P ela Suggs NO M&C REQUIRED is former General Manager First Amendment&Fourth Addendum to CSC 45063 Execution copy 1 d 17 Pare 7 of 6 OFFICIAL RECORD CITY SECRETARY FT,WORTH TX a terms in Section 808.001 of the Texas Government Code. By signing this Fourth Addendum, Contractor certifies that Contractor's signature provides written verification to the City that Contractor: (1) does not boycott Israel, and (2) will not boycott Israel during the term of the contract. IN WITNESS WHEREOF, the parties hereto have executed five copies of this Fourth Adden m in Fort Worth,Texas, on day of 52017. CITY OF FORT WORTH DISPLAYS,LLC By: By: Fernando Costa Pamela Suggs Assistant City Manager Operation Manage CONTRACT COMPLIANCE MANAGER By signing,I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. Jennifer Conn Public Art Collection Manager APPROVED AS TO FORM AND LEGALITY: Jessica Sangsvang,Assistant City A mey II Form 1295 N/A ATTEST: Mary J. Kayser,City ecretary No M&C require ACKNOW DGING AS TO ASSIGNMENT OF AGREEMENT: DISPL S UNLIMITED,INC. amela Suggs Its former General Manager First Amendment&Fourth Addendum to CSC 45063 Execution copy 11/13/17 Page 3 of 6 EXHIBIT E The Artwork f The Trinity East First Street Bridge between Beach Street and Oakland Boulevard 76103 s � - r Memory: Fairmount Park 1506 5th Avenue,Fort Worth, TX 76110 First Amendment&Fourth Addendum to CSC 45063 Execution copy 11/13/17 Page 4 of 6 EXHIBIT F Contractor's Proposal for The Trinity at East First Street OWNP LLC ESTIMATE dhz Di II FIw Alt Sw&w 626106"St A**n Tx 76011 oi►Te EsrriulE: Metro:8173�r4433 Seytbrim 12, � FAX:817-385,3949 v i 51 &-ru I S.X L.w 2017 wwo asplaysTn,mm FINE AJZT SERVICES euro OrTo WI tb ieAd 1300 CW*SL FartV*w&TX761U REP TERUS PROJECT? Pot Lynda Garber Net 30 am I DESCRIPTION PRICE EAC" ESTIMATE ADMINISTRATION Admin kxe for krte dxurn and p*d aoair0an 300.00 300.00 IN,S,HnL LABOR INST ARL a,nur J 1,a6cr seam v sia nless,Ir cJc.Utes an IV 65.00 1,040.00 3.�t Fjrsi arloqu i art-anoen• a hhwn EQUOVENT RENTAL INST Evqawd mnkd of bodia bwn IdL 1,260.00 1,260.00 ARL w FE> ;'dT-;C,' 1��i se ?L SuIxonbaciedv oIlane dosues and bwcades 1,971.00 1,971.00 16 0111,r-;,L.s NST eaaa�riakneeded 60.00 WOW L.F'L COLLECTION DATE DELIVERY DATE 716piittttele i knee fo kwwn inion-6 nrriiarta wi alfeet P*ft 0FAS wi e*iroice it ac9a1 modtnalerola vrih a ntiiter al 1 Apr atrt haptic. SUBTOTAL S 4,631.00 Thank you for the estimate reqtxwt SALES TAX 3 105.60 CREDITS S TOTAL S 4.736.60 Please see addutiona6 pees Please soon Ternis and Conditions paW. First Amendment&Fourth Addendum to CSC 45063 Execution copy 11/13/17 Page 5 of 6 EXHIBIT G Contractor's Proposal for Memory: Fairmount Park at Fairmount Park NOW LLC ESTIMATE &a:Displapc Fire Art Swim 6A lop St a�Tx iso„ DATE ESTSIATE i �`°:817-3854433 DISPLAYS LIQ ��2o,t M29 FAX 817=385,,,ao�o www aslaYs€as.ccm FINE ART SERVICES eLLTO Fwtti 0&Pdllawl taco Gewif sl Fort Wooly TX 76107 REP TERMS PROJECT PO it LyMa Gather ITEM F DESCRIPTION PRICE EACH ESTIMATE LABOR INST ARL Haas of lata to instal three metal addresses in Fart 00 Worth,2 art-handlers @ 6 haxs. MATERIALS INST Malerials needed for erstalladw 250- ARL COLLECTION DATE DELIVERY DATE Thu ubmak is haaed on Iraawo idorr ohn;aevitai■ti vii OFAS we atdp:+rait a it a chni bhadankrola used,ift a at 1 hoar Par at t wAw. SUBTOTAL S 1,030.00 Thank you for the estimate request. SALES TAX s 2000. CREDITS S TOTAL $ 1,050.00 Please see additional pages PWase sign Tetras and Gonditions page. Pagel First Amendment&Fourth Addendum to CSC 45063 Execution copy 11/13/17 Page 6 of 6