HomeMy WebLinkAboutContract 54007-A5AD12CSC No. 54007-A5AD 12
FIFTH AMENDMENT AND TWELTH ADDENDUM TO
CITY SECRETARY CONTRACT NO. 54007
This Fifth Amendment and Twelfth Addendum 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
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 up to four (4) one-year renewal periods, and the Agreement is in its Second 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, 5400-AM3A7, 54007-AS, 54007-A9, 54007-A10, and
54007-Al 1) and City has amended the agreement four times (City Secretary Contract Nos.
54007-AMI, 54007-AM2, 54007-AM3A7, and 54007-AM4);
WHEREAS, Contractor's Vice President of Sales' surname changed after marrying, and
on March 16, 2023, the Parties entered into Service Delivery Order 54007 AD11 to provide for
services to various artworks on an as -needed basis, and because services are dependent on
weather and access to sites, the Service Delivery Order lists multiple opportunities for scheduling
flexibility and provides for opportunities to span renewal terms;
WHEREAS, Contractor has completed as -needed services to six artworks on the
eleventh addendum, including Collective Transitions, Off the Line, Ammonite Intervention,
Oxbow Traces, Trailing the Trinity, and Drift, and a major conservation treatment to Cascading
Water,
OFFIG AL RECORD
CSry SQ'R NARY
Fifth Amendment to Fort worth City Secretary Contract No. 54W7 Fr. WORTH, TX
Execution Copy
and Contractor has capacity to address remaining artworks on the addendum during the current
Second Renewal term and City wishes to add an artwork titled Flight in this twelfth addendum;
WHEREAS, City and Contractor now wish to increase the compensation by Forty -Nine
Thousand Five Hundred Dollars for the Second Renewal period of the Agreement to provide for
additional as -needed services;
NOW THEREFORE, in consideration of the mutual covenants herein expressed, the
Parties agree to amend the Agreement as follows:
I.
The Fifth 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 the Second Renewal Term by
City shall not exceed NINETY-NINE THOUSAND FIVE HUNDRED
DOLLARS AND NO CENTS ($99,500.00). 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 Fifth 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.
Fifth Amendment to Fort Worth City Secretary Contract No. 54007
Execution Copy
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ACCEPTED AND AGREED:
CITY OF FORT WORTH
By: d,LAdft
Fernando Costa
Assistant City Manager
Date:
DISPLAYS LLC DB/A DIPSLAYS
FINE ART SERVICES
By: Pama.& a�
Pamela Suggs Moore
Vice President of Sales
Date: 6/9/2023
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.
1
Jennifer Conn, Public Art Collection Manager
Arts Council of Fort Worth & Tarrant County, Inc.
APPROVED AS TO FORM AND LEGALITY:
By: 7Z9y_ QUah&'
Trey QuAs
Assistant City Attorney
ATTEST:
B .
Jan tte oodall
Cit ecretary
Contract Authorization:
Form 1295:
M&C: N/A
o�V-oR,r�,
Fifth Amendment to Fort Worth City Secretary Contract No. 54007
Execution Copy
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OFFICIAL. RECORD
CITY SECRETARY
FT WORTH, TX
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