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Home My WebLink AboutContract 40164-1A CITY SECRETARY n l D CONMCT NO._ 1 FIRST AMENDMENT TO CITY SECRETARY CONTRACT NO. 40164 WHEREAS, on May 7, 2010, the City of Fort Worth ("City") and Unified Fine Art Services, L.L.C., ("Contractor") entered into City Secretary Contract No. 40164 and subsequent Addenda (collectively the "Agreement"), and the City designated the Arts Council of Fort Worth and Tarrant County, Inc., as its Contract Manager; WHEREAS, Contractor provides professional art-related services, including art transportation, large install/deinstallation, exhibition installation, minor cleaning and repairs, and installation consultation; WHEREAS, City has selected Contractor to be a member of a non-exclusive pool of recommended vendors through a competitive bidding process conducted by the Contract Manager; WHEREAS, Contractor has provided excellent professional services to City; WHEREAS, City anticipates that, over the remaining Initial Term of the Agreement, it will require certain Services from Contractor that will cause expenditures to Contractor to exceed the total Fee amount currently allowed for in the Agreement; WHEREAS, it is the mutual desire of City and Contractor to amend the Agreement to, among other things, allow City to compensate Contractor for all necessary Services. NOW, THEREFORE, City, whose address is 1000 Throckmorton Street, Fort Worth, Texas 76102, acting by and through Fernando Costa, its duly authorized Assistant City Manager, and Unified Fine Art Services, L.L.C., acting by and through Victor Bissonnette, its Principle, do hereby agree as follows: I. ARTICLE 3 -FEES AND PAYMENTS. Section 3.1 is amended to be read as follows: "3.1 In consideration of the Services to be performed hereunder by Contractor, City promises and agrees to pay Contractor an amount not to exceed FORTY-NINE THOUSAND NINE HUNDRED NINETY-NINE DOLLARS AND NO CENTS ($49,999.00) ("Fee") during the Initial Term of the Agreement." i OFFICIAL R-E.CORD CITY "li Cr ETARY FT, WOKTH, TX First Amendment to CSC#40164 Page I of 4 II. ARTICLE S—INDEMNIFICATION. Section 5.1(B) of this article shall be amended to read as follows: "The Contractor agrees to and shall release the City, its agents, representatives, employees, officers, legal representatives, and Contract Manager of and from any and all claims, demands, debts, liens, costs, expenses, actions, and causes of action of whatsoever kind or character arising out of, related to, or resulting from Contractor's performance under the Agreement (including any amendments or addenda thereto), including, but not limited to, any and all claims for property damage, property loss, and/or injury, including, but not limited, to death." III. ARTICLE 6—INSURANCE. This entire article shall be amended to read as follows: "Contractor shall meet all the following insurance requirements for any and all Services provided under this Agreement. If Contractor subcontracts any of the Services provided to City, then Contractor shall also require his/her subcontractor(s)to abide by all of the following insurance requirements. Commercial General Liability(CGL) $1,000,000 Each occurrence $2,000,000 Aggregate limit Coverage shall include, but not be limited to, the following: premises, operations, independent contractors, products/completed operations, personal injury, and contractual liability. Insurance shall be provided on an occurrence basis,and be as comprehensive as the current Insurance Services Office(ISO)policy. The policy shall name City as an additional insured. Bailee's/Property The inland marine policy shall provide per occurrence coverage at replacement cost value for property of others or City that is entrusted to the Contractor and is considered to be in the Contractor's care, custody, and control and shall include property `in transit.' Automobile Liability $1,000,000 Each accident or $250,000 Bodily Injury per person $500,000 Bodily Injury per occurrence $100,000 Property Damage A commercial business policy shall provide coverage on 'Any Auto,' defined as autos owned, hired and non- owned. For Contractor and/or Contractor's Subcontractors who have employees: Workers' Compensation Statutory limits Employer's liability $100.000 Each accident/occurrence First Amendment to CSC#40164 Page 2 of 4 $100,000 Disease-per each employee $500,000 Bodily Injury/Disease-policy limit Workers' Compensation coverage shall provide limits consistent with statutory benefits outlined in the Texas workers' Compensation Act(Art. 8308— 1.01 et seq. Tex. Rev. Civ. Stat.). GENERAL POLICY REQUIREMENTS The certificate of insurance shall include an endorsement naming the City of Fort Worth, its' Officers, Employees and Volunteers as an `Additional Insured' on all liability policies. Exception... the additional insured requirement does not apply to Workers' Compensation or Automobile policies. The Contractor is responsible for providing the City a thirty day(30)notice of cancellation or non-renewal of any insurance policy and may not change the terms and conditions of any policy that would limit the scope or coverage,or otherwise alter or disallow coverage as required herein. Waiver of rights of recovery(subrogation)in favor of City of Fort Worth. The insurers for all policies must be licensed/approved to do business in the State of Texas. All insurers must have a minimum rating of A- VII in the current A. M. Best Key Rating Guide or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. If the rating is below that required, written approval of Risk Management is required. If insurance policies are not written for specified coverage limits, an Umbrella or Excess Liability insurance for any differences is required. Excess Liability shall follow form of the primary coverage. Unless otherwise stated, all required insurance shall be written on an `occurrence basis.' The deductible or self-insured retention (SIR) affecting required insurance coverage shall be acceptable to and approved in writing by the Risk Manager of City of Fort Worth in regards to asset value and stockholders'equity. In lieu of traditional insurance, alternative coverage maintained through insurance pools or risk retention groups, must also approved by City's Risk Manager. City, at its sole discretion, reserves the right to review the insurance requirements and to make reasonable adjustments to insurance coverages and their limits when deemed necessary and prudent by City based upon changes in statutory law, court decision or the claims history of the industry as well as of the contracting party to City of Fort Worth. City shall be required to provide prior notice of ninety days. City shall be entitled, upon request and without expense, to receive copies of policies and endorsements thereto and may make any reasonable requests for deletion or revision or modifications of particular policy terms, conditions, limitations, or exclusions except where policy provisions are established by law or regulations binding upon either of party or the underwriter on any such policies." IV. All terms in this Amendment that are capitalized but not defined shall have the meanings assigned to them in the Agreement. V. First Amendment to CSC#40164 Page 3 o1'4 Funds previously paid to Contractor prior to this Amendment shall apply toward the total Contractor's Fee. VI. All other terms and conditions of the Agreement that are not expressly amended pursuant to this Amendment shall remain in full force and effect. IN WITNESS W#EREOF, the parties hereto have executed four copies of this Amendment to be effective on this// day of , 2012. V CITY OF FORT WORTH UNIFIED F E ARTS SERVICES, L.L.C. A�C. ---- by: by: ` Fernando Costa Victor Bissonnette Assistant City Manager Principle APPROVED AS TO FORM AND LEGALITY: Tyler F. W lach Assistant City Attorney ATTESTED BY: poO �O° ITAI °°o� o � Wo °o�� 0 City Secretary , °° ACY * 00000 NO M&C REQUIRED j OFFICIAL RECORD' CITY SECRETARY FT. WORTH, TX I first Amendment to CSC#40164 Page 4 of 4