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HomeMy WebLinkAboutContract 60545-R1A1AD3CSC No. 60545-R1AIAD3 FIRST RENEWAL, FIRST AMENDMENT, AND THIRD ADDENDUM TO CITY SECRETARY CONTRACT NUMBER 60545 BETWEEN THE CITY OF FORT WORTH AND BROWN MOUNTAIN ART RESTORATION This FIRST RENEWAL, FIRST AMENDMENT, AND THIRD ADDENDUM TO CITY SECRETARY CONTRACT NO. 60545 ("First Renewal, First Amendment, and Third Addenda") is made and 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 Brown Mountain Art Restoration ("Conservator"), a sole proprietorship acting by and through Laura Pate, its authorized agent. City has designated the Arts Council of Fort Worth and Tarrant County, Inc. d/b/a Arts Fort Worth ("Contract Manager") to manage this Agreement on its behalf. The Contract Manager shall act through its designated Public Art collection manager. WHEREAS, on November 27, 2023, City and Conservator entered into a non-exclusive professional services agreement for specific services for the purpose of assisting with the care and maintenance of the Public Art Collection, said agreement being City Secretary Contract ("CSC") No. 60545 (the "Agreement"); and WHEREAS, pursuant to the Agreement, Conservator performs services for the City on an as - needed basis pursuant to individual addenda; and WHEREAS, on March 14, 2024, and July 25, 2024, City and Conservator executed a First Addendum (CSC No. 60545-AD1) and a Second Addendum (CSC No. 60545-AD2), respectively, to the Agreement in order to set forth Services to be provided per the Agreement in accordance with the terms therein; and WHEREAS, the Initial Term of the Agreement ended on September 30, 2024; and WHEREAS, the City and Conservator mutually desire to exercise the first one-year renewal option ("First Renewal Term") under the Agreement; and WHEREAS, the City and Conservator desire to amend the annual compensation during the First Renewal Term by reducing the no -to -exceed amount from Fifty Thousand Dollars and No Cents ($50,000.00) to Forty Thousand Dollars and No Cents ($40,000.00), due to no fault of the Conservator; and WHEREAS, Services to be completed during this First Renewal Term, consistent with this Third Addendum, will be scheduled and completed pending weather and access, and any work that is not able to be completed prior to the end of the First Renewal Term, or any subsequent renewal terms, shall be documented and submitted in written form to the City with supporting detail; NOW, THEREFORE, City and Conservator do covenant and agree as follows: CSC 60545 R1AM1AD3 Brown Mountain Art Restoration Execution Copy OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 1 of 4 1. The City and Conservator hereby agree to exercise the first one-year renewal option, effective beginning on October 1, 2024, and expiring on September 30, 2025 ("First Renewal Term"). 2. The first, unnumbered paragraph under "Section 3. COMPENSATION" of the Agreement shall be amended by replacing it in its entirety with the following: 3. COMPENSATION. City shall pay Conservator the hourly rates of Conservator's personnel who perform specific services under this Agreement in accordance with the provisions of this Agreement and Exhibit B (Conservator's Rate and Fee Schedule). Total payment made under this Agreement by City in the Initial Term shall be in an annual amount not to exceed FIFTY THOUSAND DOLLARS 650.000.00). Total payment under this Agreement by City in the First Renewal Term shall not exceed FORTY THOUSAND DOLLARS AND NO CENTS ($40,0000.00). 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. Total payment made under the Agreement by City during any subsequent renewal periods shall be an annual amount to exceed FIFTY THOUSAND DOLLARS AND NO CENTS ($50,000.00). Conservator 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 Conservator not specified by this Agreement unless Contract Manager first approves such expenses in writing. 0 Conservator shall perform regular maintenance and conservation treatment Services on an as - needed basis on the following artworks in the City's art collection pursuant to the terms of the Agreement, as amended by any fully executed addenda or amendments, including this Third Addendum: Downtown Al Hayne, Hayne Park (T&P Lofts), Sandstone along the river, Heritage Park, Granite Remnants of 1965, Public Safety Building (interior), Laminated Glass Tabachin Ribbon, Public Safety Building (exterior), Painted Steel South 35 City Blocks, Ella Mae Shamblee Library, Ceramic Tile, Glass Service through the Centuries, Fire Station #5, Glass Tile Consequently, Hazel Harvey Peace Center for Neighborhoods, Mixed Media Northside Dreams at 100 Fathoms, Marine Creek Pool, Glass Tile CSC 60545 R1AM1AD3 Brown Mountain Art Restoration Execution Copy 2 of 4 Westside Chronicles of Como, Como Community Center, Laminated Glass Thomas Place Tower, Thomas Place Community Center, Painted Steel, Glass Tile Green Glass Mosaic, Chickering Road, Glass Tile Piedmont, Piedmont Road, Glass Tile Membrane Technology: Sources/Filtration, Westside Water Treatment Plant, Glass Tile Membrane Technology: Sources/Filtration, Westside Water Treatment Plant, Acrylic Painting Nature's Essence, Overton Park, Limestone One with the Bee, N. Z Boaz Park, CorTen 4. All terms and conditions of the Agreement shall remain in full force and effect during the First Renewal Term unless specifically amended herein. 5. All terms in this First Renewal, First Amendment, and Third Addendum that are capitalized but not defined herein shall have the meanings assigned to them in the Agreement. CSC 60545 R1AM1AD3 Brown Mountain Art Restoration Execution Copy 3 of 4 CITY OF FORT WORTH Jesica McEachern Assistant City Manager RECO/yMMENDED FOR APPROVAL D f mij rlark (nrr 21 90?4 12-IS PDT) Midori Clark Fort Worth Library Director BROWN MOUNTAIN ART RESTORATION : BY Laura Pate Owner 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 Colle n Manager Arts Council of Fort Worth & ant County APPROVED AS TO FORM AND LEGALITY: Qma&.0, B,y•Tr I11(nrt72 ➢n➢40q-lRrr)T) Trey Qualls Assistant City Attorney Form 1295: Not Required M&C: N/A ATTESTED BY: By�� l' Jannette Goodall City Secretary CSC 60545 R1AM1AD3 Brown Mountain Art Restoration Execution Copy fORT�IlBa a A ° ° ° °°��•ia pro OPT*o °°° °°°*�a dank bEXa54pp OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 4 of 4 FORTWORTH Routing and Transmittal Slip Fort Worth Library Department (Fort Worth Public Art) DOCUMENT TITLE: Professional Services Agreement Between the City of Fort Worth and Brown Mountain Art Restoration for Public Art Maintenance and Conservation M&C N/A CPN CSO 60545 R1A1AD3 DOC DATE: TO: 1. Trey Qualls, Assistant City Attorney 2. Midori Clark, Public Library Director 3. Jesica McEachern, Assistant City Manager 4. Janette Goodall City Secretary I✓ E. INITIALS DATE OUT 4-L- Oct23,2024 (Oct 23, 2024 ()ct 24, 2024 1-4- ()ct 25, 2024 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 ❑ XNo SAME DAY: ❑ Yes ❑ X No NEXT DAY: ❑ Yes ❑ 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 at jconn@artsfortworth.org. Thank you!