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Home My WebLink AboutContract 54007-R4A11AD1854007-R4A11AD18 FOURTH RENEWAL, ELEVENTH AMENDMENT, AND EIGHTEENTH ADDENDUM TO CITY SECRETARY CONTRACT NO, 54007 This Fourth Renewal, Eleventh Amendment, and Eighteenth 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 Jesica McEachern, its duly authorized Assistant City Manager, and Iron Mountain Information Management, LLC DB/A Crozier Fine Arts ("Contractor"), a Delaware limited liability company acting by and through Ann Samler, its Regional Director of Operations. 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 Contractor entered into a professional services agreement (City Secretary Contract No. 54007) ("Agreement") for specific services for the purpose of assisting with the care and maintenance of the Public Art Collection; WHEREAS, pursuant to the Agreement, Contractor performs services for the City on an as -needed basis through individual addenda; WHEREAS, the Agreement provided for an initial one-year term and the possibility of four one-year renewals, at the sole discretion of the City, and the third renewal expired on September 30, 2024; WHEREAS, the City and Contractor desire to renew the Agreement for the fourth and final renewal term ("Fourth Renewal Term"); WHEREAS, the City requires repairs to an artwork titled Carousel that was damaged by a motor vehicle and for which subrogation claim 1 PC07389 was filed to provide for repairs; WHEREAS, the City wishes to increase compensation during the Fourth Renewal Term by $49,999.00, for a total contract amount of $99,999.00 during the Fourth Renewal Term, to allow for repairs to Carousel and additional artworks in the collection and listed in Exhibit "I"; and WHEREAS, the City and Contractor previously executed City Secretary Contract No. 54007-AM 1 OAD 17 on September 30, 2024, however, the work contemplated under that amendment and addenda, and specifically that work listed in Ex. "I," was not able to be completed during the Third Renewal Term; NOW THEREFORE, in consideration of the mutual covenants herein expressed, the Parties agree as follows: 1. The City and Contractor hereby agree to renew the Agreement for the Fourth Renewal Term, effective beginning on October 1, 2024, and expiring on September 30, 2025 ("Fourth Renewal Term"), OFFICIAL RECORD CITY SECRETARY Fourth Renewal, Eleventh Amendment, and Eighteenth Addendum to FT. WORTH, Tx Fort Worth City Secretary Contract No. 54007 Execution Copy Page 1 of 5 II. 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. Total payments made under this Agreement during the Initial Term shall not exceed FIFTY THOUSAND DOLLARS AND NO CENTS ($50,000.00). Total payments made under this Agreement during the First Renewal Term shall not exceed ONE HUNDRED THIRTY-FIVE TIIJ0'USA`ND SIXTY -'FOUR DOLLARS AND FOURTEEN CENTS ($135,064.14). Total payments made under the Agreement during the Second Renewal Term shall not exceed NINETY-NINE THOUSAND FIVE HUNDRED DOLLARS AND NO CENTS ($99,500.00). Total Payments made under the Agreement during the Third Renewal Term shall not exceed NINETY-NINE THOUSAND DOLLARS AND ZERO CENTS ($99,000.00). Total Payments made under the Agreement during the Fourth Renewal Term shall not exceed NINETY- NINE THOUSAND NINE HUNDRED NINETY-NINE DOLLARS AND ZERO CENTS ($99,999.00). During this Fourth 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. 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. All other terms, provisions, conditions, covenants, and recitals of the Agreement, as amended, not expressly amended herein shall remain in full force and effect. Fourth Renewal, Eleventh Amendment, and Eighteenth Addendum to Fort Worth City Secretary Contract No. 54007 Execution Copy Page 2 of 5 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. Fourth Renewal, Eleventh Amendment, and Eighteenth Addendum to Fort Worth City Secretary Contract No. 54007 Execution Copy Page 3 of 5 ACCEPTED AND AGREED: CITY OF FORT WORTH ByC�AC�K _, Jesica McEachern, Assistant City Manager Date:OU 22, 2024 APPROVAL RECOMMENDED: By- `,ke` _ Midori Clark Director, Fort Worth Library IRON MOUNTAIN INFORMATION MANAGEMENT, LLC D/B/A CROZIER FINE ARTS By: Ann Samler Regional Director of Operations Date: 101 11*4 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. By: (ertrL Jenni ?rConn, VPublic Art Collection Manager Arts Council of Fort Worth & Tarrant County, Inc. APPROVED AS TO FORM AND LEGALITY: 2',-W Glues ByTre n'4 (nri1 F?O?A l d S4 MT1 Trey Qualls Assistant City Attorney ATTEST: By A -&-": Jannette Goodall City Secretary Contract Authorization: Form 1295. 2024-0071 M&C: N/A an 9FORT �pA C°moo °g9-Id0 duo o=o °ann nE4psa4 Fourth Renewal, Eleventh Amendment, and Eighteenth Addendum to Fort Worth City Secretary Contract No. 54007 Execution Copy OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Page 4 of 5 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 Fourth Renewal, Eleventh Amendment, and Eighteenth Addendum to Fort Worth City Secretary Contract No. 54007 Execution Copy Page 5 of 5 FORTWORTH 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 AM11AD18 DOC# DOCUMENTS FOR CITY MANAGER'S SIGNTURE: All documents received from any and all City DATE: TO: INITIALS DATE OUT 1. Trey Qualls, Assistant City Attorney Oct 16, 2024 2. Midori Clark, Public Library Director �I Dct 16, 2024 oot- 3. Jesica McEachern, Assistant City Manager Dct 22, 2024 4. Jannette Goodall, City Secretary DCt 24, 2024 I✓ 6. 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 ❑ For Your Information X❑ Signature/Routing and or Recording ❑ Comment ❑ File ❑ Attach Signature, Initial and Notary Tabs Return to: Please email a copy of the fully executed contract to: Jennifer Conn, Public Art Collection Manager, Arts Fort Worth at icon n(a)artsfortworth.ora. 817)919-2234 Thank you!