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Home My WebLink AboutContract 54007-A8AD155q-( � 1 EIGHTH AMENDMENT AND FIFTEENTH ADDENDA TO CITY SECRETARY CONTRACT NO. 54007 This Eighth Amendment and Fifteenth Addenda to City Secretary Contract No. 54007 is entered into by and between the City of Fort Worth ("City'l, a home -rule municipal corporation of the State of Texas, acting by and through its duly authorized Assistant City Manager, and Iron Mountain Information Management, LLC DB/A Crozier Fine Arts ("Contractor"). 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) ("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-A5; 54007-A6; 54007-AM3A7; 54007-A8; 54007-A9; 54007-A10; 54007- Al I; 54007-A5AD 12; 54007-R3A 13; 54007-A6RAD 13), and has amended the agreement five times (City Secretary Contract Nos. 54007-AMI; 54007-AM2; 54007-AM3A7; 54007-AM4; 54007-A5AD12; 54007-R3A6; 54007-A6RAD14); WHEREAS, for work requested by City's Property Management Department, in City Secretary Contract No. 54007-A7AD 14, the City increased the compensation amount in the Third Renewal Tenn to a total amount of $62,000.00; WHEREAS, City requires additional services to public artworks titled The Unexpected, located at Golden Triangle Library, 4264 Golden Triangle Boulevard, 76137, and Embroidery Dreams, located at 1404 NE 28th Street, 76106; and CSu KC' OFFICIAL RECORD t= E E 6 `24 r,M9 o 09 CITY SECRETARY Eighth Amendment and Fifteenth Addendum to FT. WORTH, TX Fort Worth City Secretary Contract No. 54007 Artist Copy Page 1 of 4 WHEREAS, City and Contractor now wish to increase the compensation by Fifteen Thousand Dollars during the Third Renewal period of the Agreement to provide for these additional as -needed services; NOW THEREFORE, in consideration of the mutual covenants herein expressed, the Parties agree to amend the Agreement as follows: I. 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 ($135,064.14). 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 SEVENTY-SEVEN THOUSAND DOLLARS AND ZERO CENTS ($77,000.00). 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. 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 ZERO CENTS ($50,000.00). 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 Eighth Amendment and Fifteenth Addendum to Fort Worth City Secretary Contract No. 54007 Artist Copy Page 2 of 4 not specified by this Agreement unless Contract Manager approves such expenses in writing. II. All other terms, provisions, conditions, covenants, and recitals of the Agreement not expressly amended herein shall remain in full force and effect. 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) Eighth Amendment and Fifteenth Addendum to Fort Worth City Secretary Contract No. 54007 Artist Copy Page 3 of 4 ACCEPTED AND AGREED: CITY OF FORT WORTH By: .L-- Fernando Costa Assistant City Manager Date: 21G1,ZoZ¢ IRON MOUNTAIN INFORMATION MANAGEMENT, LLC DB/A CROZIER FINE ARTS By: +�' "" Ann Samler Regional Director of Operations Date:_ - 2-1,� 2_+ CONTRACT COMPLIANCE MANAGER By signing, I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performa a and reporting requirements. Jennifer Conn, ubl c Art Collection Manager Arts Council of {t Worth & Tarrant County, Inc. APPROVED AS TO FORM AND LEGALITY: By: %7 Pa'' Trey Qualls Assistant City Attorney ATTEST: By. Jan to Goodall Ci ecretary Contract Authorization: Form 1295: N/A M&C: N/A Eighth Amendment and Fifteenth Addendum to Fort Worth City Secretary Contract No. 54007 Artist Copy OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Page 4 of 4 FORT WORTH 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 DATE: TO: 1. Trey Qualls 2. Fernando Costa 3. Jannette Goodall 4. 5. C-1 CSO DOC# 54007 A8AD15 Crozier Fine Arts INITIALS DATE OUT TQ 2/6/24 2 AG /zaz+ 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 Required: ❑ 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.