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HomeMy WebLinkAboutContract 54007-A4CITY SECRETARY Ka GG ITRACT NO. 5LI00 - Mq. FOURTH AMENDMENT TO CITY SECRETARY CONTRACT NO. 54007 This Fourth Amendment of City Secretary Contract No. 54007 ("Fourth 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 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 up to four (4) one-year renewal options and the Agreement is in its First renewal period; 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; 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, 54007-A6, 54007-AM3A7, 54007-A8, and 54007-A9) (collectively, the "Agreement") and City has amended the agreement three times (54007-AM1, 54007-AM2, and 54007-AM3A7); WHEREAS, on January 31, 2022, Council approved this Fourth Amendment increasing the annual not to exceed amount to $135,064.14 for the first renewal term only and ratified expenditures in the amount of $7,576.76 (CSC 54007-AM3A7) and $33,398.85 (CSC No. 54007A9) for a total of $40,975.61, all of which are under subrogation claims filed with Risk Management. WHEREAS, the annual compensation for the Renewal Term will be amended to account for costs related to repairs to the Artwork but recovered by City; WHEREAS, the annual compensation amount for the First Renewal Term will now read $135,064.14 to include the original $50,000.00 annual limit plus $44,088.53 of additional Fourth Amendment to Fort Worth City Secretary Contract No. 54007 Between the City of Fort Worth and Displays, LLC. OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX services as captured in Amendment 3 of the Agreement and $40,975.61 as described in the attached in invoices 2008300 and 2007812-2 and Addenda 9. NOW THEREFORE, in consideration of the mutual covenants herein expressed, the Parties agree to amend the Agreement as follows: I. The Fourth paragraph of 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 B — Contractor's Rate and Fee Schedule. Total payment made under this Agreement for the Initial Term shall not exceed FIFTY THOUSAND DOLLARS AND NO CENTS ($50,000.00). Total payment made under this Agreement for the First Renewal Term by City shall not exceed ONE HUNDRED THIRTY-FIVE THOUSAND SIXTY-FOUR DOLLARS AND NO CENTS ($135,064.14). 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). 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. 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 Fourth approves such expenses in writing. Il. 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. Fourth Amendment to Fort Worth City Secretary Contract No. 54007 Page 2 of 3 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 a signature, shall be treated as and shall have the same effect as an original. ACCEPTED AND AGREED: CITY OF FORT WORTH Fernando Costa Costa Assistant City Manager Date: 2�28�2023 DISPLAYS LLC DB/A DIPSLAYS FINE ART SERVICES By: /0"" soda. 704P&4Z Pamela Suggs Moore Vice President of Sales Date: 2/28/2023 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. ennifer Conn, Public Art Collection Manager Arts Council of Fort Worth & Tarrant County, Inc. APPROVED AS TO FORM AND LEGALITY: By:g4�4v GlJa�� JessiVdWilliams Assistant City Attorney ATTEST: 10� Bt r _ Jann e Goodall City ecretary w; Contract Authorization: Form 1295: M&C: N/A Fourth Amendment to Fort Worth City Secretary Contract No. 54007 Page 3 of 3 Displays LLC dba: Displays Fine Art Services 626 106m St Arlington TX 76011 817-385-4433 FAX: 817-385-3949 www.disgiaysfas.com Fort Worth Public Art 200 Texas Street Fort Worth, TX 76102 1711 DISPLAYS LLC FINE ART SERVICES INVOICE Date: 6/21 /2022 Account Number: 001407 Invoice Number: 2007812 - 2 Due Date: 8/20/2022 Account Manager Client Reference Terms Job Number Craig Rember FWPA Collective Transitions - Net 60 Days 103502 Insurance Claim #2 Job Scope: "Insurance Claim", billed to FWPA Scope: (4) Art Handlers for (7) Days 6/2 Day 1 - set-up 6/3 & 6/6 - 6/10 Days 3-6 labor to untangle & fix artwork Day 7 Tear Down. Lift will be folded up and moved out of the way at the end of the day, plywood will remain on the floor for the duration of the job. Service Amount MATERIALS $133.33 LABOR $6,634.16 EQUIPMENT $809.26 SUBTOTAL $7,676.76 SALES TAX $0.00 DISCOUNT $0.00 CREDITS/PAYMENTS BALANCE DUE $T 576.76 Please include the above invoice number with your payment so it may be applied correctly. All invoices are subject to a 1.6% interest charge per month if payment not received by due date. Page 1 of 2 1� Displays LLC dba: Displays Fine Art Services 626 1061h St Arlington TX 76011 817-385-4433 FAX: 81 ?-385-394A � A vC r www.displaysfas.com ��G�rp �—�� i We accepF1NF kAKCM1b(IGH&MEX. INVOICE Date: 6/21 /2022 Please note that a 3% processing fee will be added to all credit card payments over $3000.00. If paying by International Wire Transfer, you must include an additional $35.00 WT fee. See Displays Terms and Conditions We appreciate your business and look forward to serving your art handling needs in the near futurel Page 2 of 2 Displays LLC dba: Displays Fine Art Services 626 106th St Arlington TX 76011 817-385-4433 FAX: 817-385-3949 www.disr)laysfas.com Fort Worth Public Art 200 Texas Street Fort Worth, TX 76102 IJ DISPLAYS LLC FINE ART SERVICES INVOICE Date: 7/31 /2022 Account Number: 001407 Invoice Number: 2008300 Due Date: 9/29/2022 Account Manager Client Reference Terms Job Number Craig Rember Collective Transitions Phase 3 FW006- Net 60 Days 103880 0000000114 Job Scope: FWPA Collective Transitions Phase 3Soope: 10 Days, M-F, no weekendsDay 1 - set- upDay 2-9 labor to untangle & fix artwork Day 10 Tear DownLift will be folded up and moved out of the way at the end of the day, plywood will remain on the floor for the duration of the job. Service Amount LABOR $23,625.00 ADMIN $500.00 MATERIALS $4,750.00 EQUIPMENT $4,523.85 SUBTOTAL $33,398.86 SALES TAX $0.00 DISCOUNT $0.00 CREDITS/PAYMENTS BALANCE DUE $33 398.86 Please include the above invoice number with your payment so it may be applied correctly. All invoices are subject to a 1.6% interest charge per month if payment not received by due date. We accept checks, MC, VISA, and AMEX. Please note that a 3% processing fee will be added to all credit card payments over $3000.00. If paying by International Wire Transfer, you must include an additional $35.00 WT fee. See Displays Terms and Conditions Page 1 of 2 Displays LLC INVOICE dba: Displays Fine Art Services 626 106'h St Date: 7/31 /2022 Arlington TX 76011 817-385-4433 FAX: 817-385-3949 V! u P Lr � i v 1 1 C www.displaysfas.com FINE ART SERVICES We appreciate your business and look forward to serving your art handling needs in the near future! Page 2 of 2 City of Fort Worth, Mayor and Texas Council Communication DATE: 01/31/23 M&C FILE NUMBER: M&C 23-0060 LOG NAME: 03RATIFY AND AMEND AGREEMENT FOR DISPLAYS LLC SUBJECT (ALL) Approve Fourth Amendment Increasing Expenditures for the Professional Services Agreement with Displays, LLC., City Secretary Contract No. 54007 for Maintenance of the City Public Art Collection, Ratify Expenditures of $40,975.61 and Authorize an Increase in the Annual Not to Exceed Amount to $135,064.14 for the First Renewal Term RECOMMENDATION: It is recommended that the City Council: 1. Approve the Fourth Amendment to City Secretary Contract No. 54007 increasing the annual not to exceed amount to $135,064.14 for the first renewal term; and 2. Ratify expenditures in the amount of $7,576.76 (City Secretary Contract No. 54007-AM3A7) and $33,398.85 (City Secretary Contract No. 54007-A9), for a total of $40,975.61, all of which are under subrogation claims filed with Risk Management. DISCUSSION: The City of Fort Worth (City) has an annual professional services agreement with Displays, LLC. for art -related services assisting with the care and maintenance of the Fort Worth Public Art (FWPA) Collection, (City Secretary Contract (CSC) No. 54007). All services under the Agreement are carried out under fully executed Service Delivery Orders, filed as addenda to the Agreement. The City has filed a total of 9 addenda since the execution of the Agreement with Displays, LLC. Due to the number of Service Delivery Orders that have been filed, the agreement with Displays LLC has been amended on several occasions to increase the annual not to exceed amount. However, recent repairs filed under subrogation claims have caused the not to exceed amount to exceed $100,000.00. The Fort Worth Public Art Collection includes artwork titled Collective Transitions by Kipp Kobayashi, composed of approximately 900 painted metal "paper airplanes" suspended from the lobby ceiling at Meacham International Airport, located at 201 American Concourse, Fort Worth 76106. On two separate occasions the artwork was damaged by third -party vendors. On March 25, 2022, Displays LLC provided repair work to Collective Transitions caused by third -party window washers and amended the agreement to increase compensation by $28,350.00 (CSC 54007 AM2). Risk Management recovered costs in the amount of $15,738.53 through subrogation claim #C00307644. On April 19, 2022, the artwork was significantly damaged again when a third -party vendor removed a large window and high winds caused elements of the artwork to become extremely tangled. Risk Management filed subrogation claim #1 PS05284 on April 29, 2022. In order to proceed with repairs so that the claim could be processed and closed, the Agreement was amended for a third time to increase the compensation amount by $15,738.53 (CSC 54007AM3A7) However, additional work was required following a site review and FWPA approved work in the amount of $7,576.76 on June 8, 2022. The approval letter documents that repairs did not sufficiently restore the artwork to its original condition. CSC 54007 A9 approved additional work in the amount of $33,398.85 and was executed on July 13, 2022. Work was completed on July 29, 2022 so that the insurance claim could be closed in a timely manner. Total repairs of Collective Transitions since March 2022 have cost a total of approximately $72,452.67, which are expected to be fully reimbursed through subrogation claims filed by Risk Management. To commemorate the additional compensation for work performed since March 2022, this Mayor and Council Communication (M&C) approves Amendment 4 to the Displays LLC agreement, which authorizes an increase in the total annual not to exceed amount to $135,064.14 for the first renewal term only. Total payments made under the agreement for any subsequent renewals shall remain at the annual amount not to exceed $50,000.00. No amount of work is guaranteed and work will only be performed on an as -needed basis. This M&C also ratifies expenditures related to the first renewal term in the amount of $40,975.61, which were necessary to complete the repair work to Collective Transitions and to receive reimbursements. AMOUNT (CONTRACT Professional Services Agreement, First Renewal $50,000.00 CSC #54007 Amendment 2: 1st Repair & Cleaning $28,350.00 LCS2 C #54007 Amendment 3: 2nd Repair $15,738.53 CSC #54007 AM3A7 Approved Additional Expenses 2nd Repair (To be included in $7,576.76 CSC #54007 Amendment 4) AM3A7 Restoration of damaged area to original condition (To be included in $33,398.85 CSC #54007 Amendment 4) A9 Total Requested Annual Contract Compensation $135,064.14 This M&C FUNDING SOURCES AMOUNT Specially Funded Capital Projects (Public Art Fund) — Collection $50,000.00 Management Aviation (Cleaning) 12,611.47 Risk Management Self -Insured FID 72,452.67 TOTAL E$136,064:.14 Funding is budgeted in the Development Services Departments Specially Funded Projects Fund for the purpose of funding the FWPA CM - Displays FAS 2020 project, as appropriated related to future year renewal. The Director of Finance certifies that funds are available in the current capital budget, as previously appropriated, in the Specially Funded Projects Fund for the FWPA CM -Displays FAS 2020 project to support the approval of the above recommendations and execution of the amendment to the contract and ratification of expenses. Prior to any expenditure being incurred, the Development Services Department has the responsibility to validate the availability of funds. Submitted for City Manager's Office by: Reginald Zeno 8517 Originating Business Unit Head: Richard Zavala 5704 Additional Information Contact: Martha Peters 817) 298-3025 FORTWORTH Routing and Transmittal Slip Planning & Data Analytics Department (Fort Worth Public Art) DOCUMENT TITLE: Professional Services Agreement for Art Services M&C M&C 23-0060 CPN CSO DOC# 54007 AM4 Displays, LLC. DATE: TO: 1. Jessika Williams INITIALS JJW DATE OUT 2/28/23 2. Fernando Costa 2 z6lzox-q 3. Jannette Goodall 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: ❑ Yes X No SAME DAY: ❑ Yes X No ROUTING TO CSO: ❑ Yes ❑ No Action Required: ❑ As Requested ❑ For Your Information X Signature/Routing and or Recording ❑ Comment ❑ File NEXT DAY: ❑ Yes X No ❑ Attach Signature, Initial and Notary Tabs Return to: Please call Jennifer Conn at 817) 919-2234 or email to jconn@artsfortworth.org for pick up when completed. Thank you.