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HomeMy WebLinkAboutContract 54007-R3A6CITY SECRETARY G,0# BRACTN0. g01)!j— R30jt THIRD RENEWAL AND SIXTH AMENDMENT OF CITY SECRETARY CONTRACT NUMBER 54007 This THIRD RENEWAL AND SIXTH AMENDMENT OF CITY SECRETARY CONTRACT NO. 54007 ("Third Renewal") is made and entered into by and between the City of Fort Worth, a home -rule municipal corporation of the State of Texas ("City"), acting by and through Fernando Costa, its duly authorized Assistant City Manager, and Iron Mountain Information Management, LLC D/B/A Crozier Fine Arts, a limited liability company ("Contractor") acting by and through Michael Simonetti, its Senior Director, NA Operations. City has designated the Arts Council of Fort Worth and Tarrant County, Inc. ("Contract Manager") to manage this Agreement on its behalf. The Contract Manager shall act through its designated Public Art collection manager. WHEREAS, the City is implementing the Fort Worth Public Art Program pursuant to the Chapter 2, Section 2-56 through 2-61 of the Fort Worth Code of Ordinances to insure proper stewardship of the City's public art collection; WHEREAS, the City and Contractor entered into a Professional Services Agreement for specific services for the purpose of assisting with the care and maintenance of the Public Art Collection, the same being City Secretary Contract No. 54007 ("Agreement"); WHEREAS, on October 11, 2023, the City executed a Consent of Assignment between Displays, LLC ("Assignor") and Iron Mountain Information Management, LLC d/b/a Crozier Fine Arts ("Assignee") and the assignment shall be governed by the terms of the original Agreement between the City of Fort Worth and Displays, LLC; WHEREAS, City and Contractor wish to add limitations to liability during transport for the term of the Agreement. WHEREAS, pursuant to the Agreement, Contractor has agreed to perform services for the City on an as -needed basis through individual addenda; WHEREAS, the Agreement provides for an initial one-year term and for the possibility of four one-year renewals, at the sole discretion of the City, and the second renewal will expire on September 30, 2023; WHEREAS, the City originally agreed to pay Contractor an annual amount not to exceed FIFTY THOUSAND DOLLARS AND NO CENTS ($50,000.00) annually; WHEREAS, Contractor has provided a revised rate schedule which replaces Exhibit B and is attached herein as Exhibit E; 66:OTw1 8 , P PCN 13,vLs� WHEREAS, the City and Contractor agreed to continue this relationship by extending an renewing the Agreement for the third one-year renewal period; NOW, THEREFORE, City and Contractor do covenant and agree as follows: Third Renewal CSC 54007— Crozier Fine Arts Execution Copy OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 1 of 4 1. The City and Contractor hereby agree to renew and extend the Agreement for its Third one-year renewal period, effective on October 1, 2023, and expiring on September 30, 2024 ("Third Renewal Term"). 2. Paragraph 8.3 shall be added to Section 8 LIABILITY AND INDEMNIFICATION as follows: 8.3 Limitations of Liability for Damage During Transport. As used in this Section 8.3, the term "Property," shall mean the items in whole or in part, in packed or unpacked state, including but not limited to fine and decorative arts, antiques and household goods, that are tendered to Contractor or otherwise entrusted to Contractor for any reason in connection with the performance of storage and/or services pursuant to this Agreement. It is agreed that Contractor's liability for loss or damage to Property during transport shall be limited to $0.60 per pound as determined by the actual weight of the unwrapped Property; provided, however, that such limitation may be increased upon written request by City by declaring a value for the Property to Contractor in writing. If City does not declare a value for the Property accepted by Contractor, it shall constitute City's agreement to limit Contractor's liability to $0.60 per pound for any loss or damage to Property. This paragraph is not intended to, and shall not be construed as, excluding or limiting any liability contrary to applicable law or public policy, including by way of example liability for death or bodily injury, with respect to which the parties acknowledge are not subject to the foregoing limitations. If applicable law or public policy renders any portion of this Section unenforceable or invalid, the remainder of this Section shall remain in full force and effect. 3. Exhibit B to the Agreement shall be deleted and replaced with the attached Exhibit E. 4. All terms and conditions of the Agreement shall remain in full force and effect during the Third Renewal Term unless specifically amended herein. 5. All terms in this Third Renewal that are capitalized but not defined shall have the meanings assigned to them in the Agreement. Third Renewal CSC 54007— Crozier Fine Arts Execution Copy 2 of 4 IN WITNESS WHEREOF, the parties hereto have executed this Third Renewal in Fort Worth, Tarrant County, Texas, this 3,,J day of Novemie.- , 2023 CITY OF FORT WORTH Fernand( Costa Assistant City Manager Date: ///3/.Zoz3 IRON MOUNTAIN INFORMATION MANAGEMENT, LLC D/B/A CROZIER FINE ARTS 4m4t, "Say A41 Ann Samler Regional Director of Operations Date: 11 /01 /2023 CONTRACT COMPLIANCE MANAGER By signing, I ac wledge that I am the person responsible for the mon jkfing and administration of this contract, including ensuLiq2CI performance and reporting requirements. ell�l \ (J/ns nifer onn, Public Art Collection Manager Co ncil of Fort Worth & Tarrant County OVED AS TO FORM AND LEGALITY: T q�� T�ualls Assistant City Att Form 1295: Not Required ATTE By: ty : F Vannette Goodall City Secretary M&C N/A OFFICIAL RECORD CITY SECRETARY 7T. WORTH, TX Third Renewal CSC 54007— Crozier Fine Arts Execution Copy 3 of 4 .�.. D- W.TNAM EXHIBIT E RATE SCHEDULE August I Ph, 2023 Displays Fine Art Services Rate Schedule Rates are Valid through September 30, 2024 Labor Rates Hourly Rate - $95.00 per hour, per art handler After Hours Rate - $145.00 per hour, per art handler for weekend labor and outside of normal business hours (Before 8AM and after 5PM). Onsite Project Manager - $145 per hour Onsite Director of Operations - $165 per hour Holiday Rate - $145.00 (Please note — There is an eight (8) hour minimum required for after hours (Saturday, Sunday) and holiday rates). Administration Rates This is based on the size, scope and cost of the project ranging from a 5% to 10% markup. Storage Rates Storage rates are charged per cubic foot per month as follows: Exterior - $.50/cubic foot Indoor Non -Climate Control - $1.75/cubic foot Indoor Climate Control - $2.75/cubic foot All storage accounts carry a minimum monthly charge of $150.00. A credit card or wire transfer authorization must be on file in order to open a storage account for automatic monthly payment. Shuttle Rates Our shuttle costs are based on numerous factors including current fuel costs, mileage, hotel/per diem for the drivers, square footage, etc. In order to provide an estimate, we will need to know packed dimensions (H x L x W) of each piece, medium, condition, transit orientation requirements, delivery location and any special considerations that must be attended by the art handlers. Insurance Storage and transit insurance is available to purchase. A quote can be provided if requested. There is a minimum $1000.00 policy deductible associated. Terms of Payment Upon receipt of invoice, payment is due in thirty (30) days. There is a 2% interest per month for past due balances. 626 108th Street ~on, TX 76011 Ph: 8173884433 Fwu 817.38"949 wWWA15y9aysfas.eM Third Renewal CSC 54007— Crozier Fine Arts Execution Copy 4 of 4 FORTWORTH Routing and Transmittal Slip FW Lab Department (Fort Worth Public Art) DOCUMENT TITLE: Professional Services Agreement for Art Services M&C CPN d/b/a Crozier Art. DATE: TO: 1. Trey Qualls 2. Fernando Costa 3. Jannette Goodall 4 5 Fle CSO DOC# 54007 R3AM6 Iron Mountain Information INITIALS DATE OUT T.Q. 11 /1 /2023 l 4 z 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 NEXT DAY: ❑ Yes X No ROUTING TO CSO: ❑ Yes ❑ No Action Reauired: ❑ As Requested ❑ For Your Information X Signature/Routing and or Recording ❑ Comment ❑ File ❑ 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.