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HomeMy WebLinkAboutContract 54007-A6RAD14CSC No. 54007-A6RAD14 SIXTH AMENDMENT AND FOURTEENTH ADDENDA TO CITY SECRETARY CONTRACT NO. 54007 This Sixth Amendment and Fourteenth 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 o f Texas, acting by and through its duly authorized Assistant City Manager, and Iron Mountain Information Management, LLC 0/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 cn 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; 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; 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-AS, 54007-A6, 54007-AM3A7, 54007-A8, 54007-A9, 54007-AI0, 54007- Al 1, 54007-A5AD12 and 54007 R3A13) and City has amended the agreement five times (City Secretary Contract Nos. 54007-AMI, 54007-AM2, 54007-AM3A7, 54007-AM4, and 54007- A5AD12); WHEREAS, City owns a public artwork titled Pieces of Yesterday, Today & Tomorrow, an installation of puzzle -shaped painted metal pieces representing the spirit of East Fort Worth and attached to the fac;:ade of the East Patrol Division located at 5650 E. Lancaster Avenue, Fort Worth, Texas 76112; WHEREAS, through City's Property Management Department, City is making improvements to the fac;:ade and wishes to temporarily deinstall the artwork so that the building can be cleaned and painted, and then reinstaU the artwork after the improvements are complete; 71 OFFICIAL RECORD C I I Y SECRETARY Sixth mendment and Founeenth Addendum to Fort inh..Qly $ t �}' ®ii\.N 54007 Execution Copy Fr. WUr[ ff;Rt I WHEREAS, Contractor has provided a cost estimate for services attached hereto as Attachment " F' ; WHEREAS, City and Contractor now wish to increase the compensation by Twelve Thousand Dollars during the Third Renewal period of the Agreement to provide for additional as -needed services in the amount of $9,820.00 and a contingency of $2,180.00; NOW THEREFORE, in consideration of the mutual covenants herein expressed, the Parties agree to amend the Agreement as follows: 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 during the Initial Term, the First Renewal Term, and the Second Renewal Term. Total payments made under this Agreement for the Initial Term shall 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 (S135,064.14). 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 Third Renewal Term by City shall not exceed SIXTY-TWO THOUSAND DOLLARS AND NO CENTS ($62,000.00). 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, Exhibit B — Contractor's Rate and Fee Schedule, and the attached Exhibit F — Cost Estimate. 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 FIFTY THOUSAND DOLLARS AND NO CENTS ($50,000.00). Contractor shall not perform any Sixth Amendment and Fourteenth Addendum to Fort Worth City Secretary Contract No. 54007 Execution Copy Page 2 of 5 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 Exhibit F — Cost Estimate is added to the Agreement and incorporated therein for all purposes. All other terms, provisions, conditions, covenants, and recitals of said Agreement not expressly amended herein shall 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. (Signature page follows) Sixth Amendment and Fourteenth Addendum to Fort Worth City Secretary Contract No. 54007 Execution Copy Page 3 of 5 ACCEPTED AND AGREED: CITY OF FORT WORTH By: Glyt Fernando Costa Assistant City Manager IRON MOUNTAIN INFORMATION MANAGEMENT, LLC. DB/A CROZIER FINE ARTS By:YL'( 6 , Ann Samler Regional Director of Operations Date: II Z%/2023 Date: CONTRACT COMPLIANCE MANAGER By signing, I acknowledge that I am the person responsible for the moni m g and administration of this contract, including n performance and reporting requirements. Jen fer nn, b Art Collection Manager Arts Co cif of ort Worth &Tarrant County, Inc. APPROVED AS TO FORM AND LEGALITY: By: d paa • Trey Qua Assistant City Attorney ATTEST: psfto By- a.S2D G }'0 Jann a Goodall P V $ Cityfcretary Contract Authorization: Form 1295: M&C: N/A Sixth Amendment and Fourteenth Addendum to Fort Worth City Secretary Contract No. 54007 Execution Copy Page 4 of 5 OFFICIAL RECORD CITY SECRETARY FT WORTH, T l__.v. _. EXHIBIT "F" COST ESTIMATE D- Estimate A: QUO.09962 Date Issued: 22/17/2023 �n!s Expiration Date: 12/17/2023 Acceptance of this quote means you agree to our Terms and Conditions. Our cancellation policies are Included at the bottom of this quote for additional clarity. THIS ESTIMATE IS NOT A CONFIRMATION OF SOOKINO AND DOES NOT INCW DE TIIIINSIT INSURANCE UNLESS OTHERWISE NOTED. Client: Fort Worth Public Art Estimated By: Craig Rember Contact: Jenny Conn Email: crember&displaysfas.mm Email: Jconn@wbcouncitfw.org Client Reference: FWPA-Beek Payment Terms: Net 60 Days Job Scope: FWPA - Beck Piece at FWPD Fast Patrol Division - De -installation, packing and Re -installation. Approximately (35)'puzzle pieces" with separate "shadow" backings Remove panels and individually wrap in Dartek and sandwich with cardboard Save fasteners and pack with each Individual piece. (4) art handlers at $95.00/hour each for (2) days for de -installation plus materials. (4) art handlers at S95.00/hour each for (1) day for re- installation plus materials. (4) large ladders and packing tables will be needed. Hourly Labor - Business Hours FWPA - Beck Piece at FWPD East Patrol Division - $3,040.OD De -Installation of approximately (35) "puzzle pieces" with separate "shadow" backings. Remove panels and individually wrap In Dartek and sandwich with cardboard. Save fasteners and pack with each individual piece. (4) art handlers at S95,00/hour each for (2) days for de - Installation plus materials. (4) large ladders and packing tables will be needed. Hourly Labor - Business Hours FWPA . Beck Piece at FWPD East Patrol Division - $3,040.D0 De -installation of approximately (351'puzzle pieces" with separate "shadow' backings. Remove panels and individually wrap in Dartek and sandwich with cardboard. Save fasteners and pack with each individual piece. (4) art handlers at $9S.00/hour each for (2) days for do - installation plus materials. (4) large ladders and packing tables will be needed. Hourly Labor - Business Hours FWPA - Beck Piece at FWPD East Patrol Division - $3,040.00 Re -Installation of approximately (35) 'puzzle pieces" with separate "shadow" backings, (4) art handlers at S95.00/1hour each for (1) day for re- installation plus materials. (4) large ladders and packing tables will be needed. Packing Materials Packing Materials - Dartek cardboard and tape _ S700.00 Page 1 of 3 D4&ys Fine Art Services, a dMrion of Iron Mountain information Management, UC d/b/a Crozier Fine Arts httn://www,crozierfinearts.com Sixth Amendment and Fourteenth Addendum to Fort Worth City Secretary Contract No. 54007 Execution Copy Page 5 of 5