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HomeMy WebLinkAboutContract 54007-A10AD17Tenth Amendment and Seventeenth Addendum to Fort Worth City Secretary Contract No. 54007 Execution Copy Page 1 of 4 TENTH AMENDMENT AND SEVENTEENTH ADDENDUM TO CITY SECRETARY CONTRACT NO. 54007 This Tenth Amendment and Seventeenth 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 Iron Mountain Information Management, LLC D/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 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; and WHEREAS, the Agreement is currently in its third renewal period; and WHEREAS, on August 13, 2024, City Council approved raising the not-to-exceed amount of the Agreement by $50,000.00 during the third renewal term, making the new not-to-exceed amount $149,000.00 during the third renewal term (M&C 24-0614); and WHEREAS, the work included in Exhibit “I” will be added to the Agreement and scheduled and completed pending weather and access, and any work that is not able to be completed prior to the end of the third renewal term shall be documented and submitted in written form to the City with supporting detail; and NOW THEREFORE, in consideration of the mutual covenants herein expressed, the Parties agree to amend the Agreement as follows: I. Section 3 of the Agreement, titled “COMPENSATION” shall be amended by replacing it 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- CSC No. 54007-A10AD17 Tenth Amendment and Seventeenth Addendum to Fort Worth City Secretary Contract No. 54007 Execution Copy Page 2 of 4 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 ONE HUNDRED FORTY- NINE THOUSAND DOLLARS AND ZERO CENTS ($149,000.00). 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 and 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 not specified by this Agreement unless Contract Manager approves such expenses in writing. II. The attached Exhibit I is added to the Agreement and incorporated therein for all purposes. III. All other terms, provisions, conditions, covenants, and recitals of the 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) Tenth Amendment and Seventeenth Addendum to Fort Worth City Secretary Contract No. 54007 Execution Copy Page 3 of 4 IRON MOUNTAIN INFORMATION MANAGEMENT, LLC D/B/A CROZIER FINE ARTS By: _______________________ Ann Samler Regional Director of Operations ACCEPTED AND AGREED: CITY OF FORT WORTH By: ________________________ City Manager Date: __________________________ Date: ______________________ 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. ________________________________ Jennifer Conn, Public Art Collection Manager Arts Council of Fort Worth & Tarrant County, Inc. APPROVED AS TO FORM AND LEGALITY: By: ____________________________ Assistant City Attorney ATTEST: By: ____________________________ Jannette Goodall City Secretary Contract Authorization: Form 1295: 2024-0071 M&C: 24-0614 08/22/24 By: ________________________ Date: __________________________ Tenth Amendment and Seventeenth Addendum to Fort Worth City Secretary Contract No. 54007 Execution Copy Page 4 of 4 EXHIBIT I 7)Carousel, East Rosedale Roundabout at Mitchell Boulevard, Fort Worth, Texas 76105 Assess damages caused by a motor vehicle accident and submit a proposed repair budget to the City’s Risk Management Department 8)Embroidery Dreams, 1404 NE 28th Street, Fort Worth 76106 Move medallions and other project materials from storage to Fort Worth Community Arts Center located at 1300 Gendy Street, Fort Worth 76107 and assist with future project needs 9)Untitled: Marine Creek, Marine Creek Park 3317 Chestnut Avenue, Fort Worth, Texas 76106 Make repairs to attachment of column with text plaque 10)Vaquero, 1401 Ellis Avenue, Fort Worth, TX 76164 Assess and repair installation attachments City of Fort Worth, Mayor and Texas Council Communication DATE: 08/13/24 M&C FILE NUMBER: M&C 24-0614 LOG NAME: 03AMEND AGREEMENT FOR IRON MOUNTAIN MGMT DBA CROZIER SUBJECT (ALL) Approve an Amendment to Professional Services Agreement with Iron Mountain Information Management d/b/a Crozier Fine Arts (City Secretary Contract No. 54007) for Maintenance of the Fort Worth Public Art Collection, Increasing the Total Contract Amount from $99,000.00 to a Total Not-to-Exceed Amount of $149,000.00 During the Current Third Renewal Term RECOMMENDATION: It is recommended that the City Council approve an amendment to the professional services agreement (City Secretary Contract No. 54007) with Iron Mountain Information Management d/b/a Crozier Fine Arts for maintenance of the Fort Worth Public Art Collection, increasing the total contract amount from $99,000.00 to a total not-to-exceed amount of $149,000.00 during the current third renewal term. DISCUSSION: The third renewal of the annual professional services agreement (City Secretary Contract No. 54007) with Iron Mountain Management D/B/A Crozier Fine Arts (formerly Displays, LLC) (Contractor) expires on September 30, 2024. During the third renewal term, the agreement has been amended on several occasions to increase the annual not-to-exceed amount from the original amount of $50,000.00 to $99,000.00, where it currently stands. However, in order to address the needs of the Fort Worth Public Art (FWPA) Collection through the end of Fiscal Year 2024, this Mayor & Council Communication (M&C) will increase the total not-to-exceed amount by an additional $50,000.00 during this third renewal term to a total of $149,000.00 for projects outlined below and as needs arise. All services for the care and maintenance of the FWPA Collection under the agreement are carried out under fully executed Service Delivery Orders and filed as addenda to the agreement. Total payments made in any subsequent renewals shall go back to the annual not-to-exceed amount of $50,000.00, unless subsequently amended. An increase in contract capacity is needed for maintenance of the FWPA Collection to address damage to an artwork titled Carouse/ by Jim Hirshfield and Sonya Ishii located on the roundabout at 2398 E. Rosedale Street at Mitchell Boulevard, 76104. On April 23, 2024, Police Report #240031492 documents damage to this artwork. The carousel-inspired sculpture features hand-painted metal "parrots" referencing the Polytechnic High School mascot. A subrogation claim filed by Risk Management in the estimated amount of $25,000.00 in this M&C allows repair work to proceed, with actual expenses reimbursed to the Specially Funded Projects Fund for Collection Management after work is complete. Additionally, $8,745.05 in funds is remaining and available from the Golden Triangle Library Public Art project (City Project No.100202); $12,000.00 that was provided by the Property Management Department for temporary deinstallation, storage, and reinstallation of an artwork titled Pieces of Yesterday, Today & Tomorrow while the East Division Police Station's facade was cleaned and repainted is available; and $9,140.00 is remaining and available from funds contributed by Transportation & Public Works for the temporary deinstallation, storage, and post- construction reinstallation of Urban Quilt located at 1595 E. Berry Street, Fort Worth, TX 76119. Funding is budgeted in the Specially Funded Projects, General Capital Projects and General Gas Lease Capital Prj Funds for the Fort Worth Lab for the purpose of funding the FWPA CM-Displays/Iron Mtn2020 project, as appropriated. FISCAL INFORMATION / CERTIFICATION: The Director of Finance certifies that funds are available in the current capital budget, as previously appropriated, in the Specially Funded Projects, General Capital Projects and General Gas Lease Capital Prj Funds for the FWPA CM-Displays/Iron Mtn2020 project to support the approval of the above recommendation. Prior to any expenditure being incurred, Fort Worth Lab has the responsibility to validate the availability of funds. Submitted for City Manager's Office bk Mark McDaniel 6316 Originating Business Unit Head: Christianne Simmons 6222 Eric Fladager 8011 Additional Information Contact: Martha Peters 298-3025 Routing and Transmittal Slip Fort Worth Public Art DOCUMENT TITLE: Professional Services Agreement between the City of Fort Worth and Crozier Fine Art Services M&C______________ CPN______________ CSO #54007 AM10AD17 DOC#______________ 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: X Yes No Action Required: As Requested Attach Signature, Initial and Notary Tabs For Your Information X Signature/Routing and or Recording Comment File Return to: Please email a copy of the fully executed contract to: Jennifer Conn, Public Art Collection Manager, Arts Fort Worth at jconn@artsfortworth.org Thank you! DATE: TO: 1. Matt Murray, Assistant City Attorney INITIALS DATE OUT 2. Midori Clark, Public Library Director 3. Jesica McEachern, Assistant City Manager 4. Jannette Goodall, City Secretary 5. 6.