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HomeMy WebLinkAboutContract 56005 CSC No. 56005 FORT WORTH CITY OF FORT WORTH AGREEMENT ADDENDUM This AGREEMENT ADDENDUM ("Agreement") is entered into by and between Centex Golfers Guide, LLC ("Vendor") and the City of Fort Worth, ("City"), a Texas home rule municipality. The Agreement includes the following documents which shall be construed in the order of precedence in which they are listed: 1. This Agreement; 2. Exhibit A — Vendor's Quote, Scope of Services, and Vendor's Terms and Conditions; 3. Exhibit B —Conflict of Interest Questionnaire. Exhibits A and B, which are attached hereto and incorporated herein, are made a part of this Agreement for all purposes. Vendor agrees to provide City with the services and goods included in Exhibit A pursuant to the terms and conditions of this Cooperative Purchase Agreement, including all exhibits thereto. If any provisions of the attached Agreement, conflict with the terms herein,are prohibited by applicable law,conflict with any applicable rule,regulation or ordinance of City, the terms in this Addendum shall control. City shall pay Vendor in accordance with the fee schedule in Exhibit A and in accordance with the provisions of this Agreement. Total payment made under this Agreement for the first year by City shall be in the amount of Six Thousand Three Hundred Fifty One Dollars ($6,351.00). Vendor shall not provide any additional items or 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 Vendor not specified by this Agreement unless City first approves such expenses in writing. Vendor agrees that City shall, until the expiration of three (3) years after final payment under this Agreement, or the final conclusion of any audit commenced during the said three years, have access to and the right to examine at reasonable times any directly pertinent books, documents, papers and records, including, but not limited to, all electronic records, of Vendor involving transactions relating to this Agreement at no additional cost to City. Vendor agrees that City shall have access during normal working hours to all necessary Vendor facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. City shall give Vendor reasonable advance notice of intended audits. In compliance with Article 11 § 5 of the Texas Constitution, it is understood and agreed that all obligations of City hereunder are subject to the availability of funds. If such funds are not appropriated or become unavailable, City shall have the right to terminate the Agreement except for those portions of funds which have been appropriated prior to termination. OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Notices required pursuant to the provisions of this Agreement shall be conclusively determined to have been delivered when (1) hand-delivered to the other party, its agents, employees, servants or representatives, (2) delivered by facsimile with electronic confirmation of the transmission, or(3)received by the other party by United States Mail,registered,return receipt requested, addressed as follows: To CITY: To VENDOR: City of Fort Worth Centex Golfers Guide, LLC Attn: Valerie Washington, Assistant City Michael Ratchman, Owner Manager P.O. Box 310652 200 Texas Street New Braunfels, TA 78130 Fort Worth, TX 76102-6314 Facsimile: (830) 964-2153 Facsimile: (817) 392-8654 With copy to Fort Worth City Attorney's Office at same address No Boycott of Israel. If Vendor has fewer than 10 employees or the Agreement is for less than$100,000, this section does not apply. Vendor acknowledges that in accordance with Chapter 2270 of the Texas Government Code, City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this Addendum, Vendor certifies that Vendor's signature provides written verification to City that Vendor: (1) does not boycott Israel; and(2) will not boycott Israel during the term of the Agreement. Sovereign Immunity. Nothing herein constitutes a waiver of City's sovereign immunity. To the extent the Agreement requires City to waive its rights or immunities as a government entity; such provisions are hereby deleted and shall have no force or effect. Law and Venue. The Agreement and the rights and obligations of the parties hereto shall be governed by, and construed in accordance with the laws of the United States and state of Texas, exclusive of conflicts of laws provisions. Venue for any suit brought under the Agreement shall be in a court of competent jurisdiction in Tarrant County, Texas. To the extent the Agreement is required to be governed by any state law other than Texas or venue in Tarrant County, City objects to such terms and any such terms are hereby deleted from the Agreement and shall have no force or effect. [SIGNATURE PAGE FOLLOWS] The undersigned represents and warrants that he or she has the power and authority to execute this Agreement and bind the respective Vendor. [Executed effective as of the date signed by the Assistant City Manager below.] / [ACCEPTED AND AGREED:] City: Vendor: i llalgll�i Zygfhl�16tg m e RA RATCIfiMAN mke TCH MAN(Jul 9,202106:44 CDT) By: Valerie Washington(Jul 12,20 12:25 CDT) By: Name: Valerie Washington Name: Michael Ratchman Title: Assistant City Manager Title: Owner Date: Date: j U ly 9, 2021 CITY OF FORT WORTH INTERNAL ROUTING PROCESS: Approval Recommended: Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all By: Richard Zavala(Jul10 116:12 CDT) performance and reporting requirements. Name: Richard Zavala Title: Director, Park&Recreation Department OW fe-, Approved as to Form and Legality: Name: Dave Lewis Title: Assistant Director By: L�W City Secretary: O 0000000.OR ova a F �aaa Al 0 Name: Taylor Paris 1. 0 00�0� Title: Assistant City Attorney 0.0 0 000 O o By: 0�*000 *� 0 ICY Contract Authorization: Name: Mary Kayser �a� EXp5oa"Z M&C: N/A Title: City Secretary l. OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Texas Golf Insider Company of Centex Golfers Guide LLB" Advertising Proposal for Fort Worth Golf Attn: Dave Lewis Full Page Golf Course Feature 3 issues x $2,117.00 per issue (12 months) _ $6,351.00 -5% Prepay= amount due $6,033.45 Insertion date 2021: Fall/Winter Issue (Snowbird Issue) Oct. 5t" due-in-date Oct. 12t" first proofs Oct. 18th final proofs Oct. 20 h editing Delivered date all locations. November 2nd Spring Issue 2022 Feb 0 due-in-date Feb. 12`h first proofs Feb. 15`h final proofs Feb. 17" Editing Delivered date all locations. March 1st Summer Issue 2022 June 1"due in date June 10`h first proofs June 15`h final proofs June 17`h Editing Delivered date all locations. July 1st Proposal Includes placement on regional page www.thetexasizolfinsider.com for 12 months. Signature Golf Courses (Advertisers): Signature Golf Courses I texas-golf-insider (thetexasgolfinsider.com) North Texas Golf Course Directory: Central &North Texas Golf I Signature Golf Courses, Golf Products.... (thetexasaolfinsider.com) 3-12 Minute Live Interviews on, "Golf After Hours Podcast" Live Facebook Show. (Time and date to be determined) Online Magazine. Advertisement will be placed in the Texas Golf Insider On-line Digital Magazine, delivered weekly to subscribers' inbox. Guaranteed Specified Positions: Back Cover Add 40%, Inside Back and Inside Front Cover Add 25% Centerfold Add 25%. Terms and Conditions * All prices and special promotions quoted in this proposal expire Sept 151h 2021 k All contracts signed before July 10, 2021 are guaranteed no rate increases in 2021 *All special offers in this proposal expire Sept 15`h 2021 *All contracts that prepay in advance will receive a 5% discount. CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. OFRCE USE ONLY This questionnaire is being filed in accordance with Chapter 176.Local Government Code. Cate Pe:c wJ by a vendor who has a business relationship as defined by Section 176.001(1-a)with a local governmental entity and the vendor meets requirements under Section 176.006(a). By law this questionnaire must be filedwith the records administrator of the local governmental entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1).Local Government Code. A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code.An offense under this section is a misdemeanor. 1 Name of vendor who has a business relationship with local governmental entity. Cawle,< Col f;ea�6 6end , �L. C. 2 Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.) 3 Name of local government officer about whom the Information In this section is being disclosed. Name of Officer This section (item 3 including subparts A, e, C, 8 D) must be completed for each officer with whom the vendor has an employment or other business relationship as defined by Section 176.001(1-a),Local Government Code. Attach additional pages to this Form CIO as necessary. A. Is the local government officer named in this section receiving or likely to receive taxable income,other than investment income,from the vendor? Yes ® No B. Is the vendor receiving or likely to receive taxable income,other than investment income,from or at the direction of the local government officer named in this section AND the taxable income is not received from the local governmental entity? Yes ® No C. Is the fifer of this questionnaire employed by a corporation or other business entity with respect to which the local government officer serves as an officer or director,or holds an ownership interest of one percent or more? a Yes � No D_ Describe each employment or business and family relationship with the local government officer named in this section. K/d 4 Nt e- Signature of vendor doing business wM the governmental entity Qe:? Adopted&7!2015