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HomeMy WebLinkAboutContract 39454-A1 WY RECRRTARY CONTRACT NO. L D�� I FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 39454 AGREEMENT FOR PROFESSIONAL SERVICES This FIRST AMENDMENT TO CITY SECRETARY CONTRACT NO. 39454 ("First Amendment") is made and entered into by and between the CITY OF FORT WORTH, a home-rule municipal corporation of the State of Texas ("City"), acting by and through its duly authorized Assistant City Manager, and Godfrey's Associates, Inc. ("Consultant"), an Arizona corporation, acting by and through its duly authorized Principal Consultant. WHEREAS, on October 13, 2009, the Fort Worth City Council approved M&C C-23851, which authorized execution of an agreement with Consultant to assess and make recommendations regarding the City's library facilities in connection with the development of a Library Master Plan, with Consultant's services costing $153,293.00; and WHEREAS, in accordance with the Council's authority, City and Consultant entered into an Agreement for Professional Services, the same being Fort Worth City Secretary Contract Number 39454 ("Contract"); and WHEREAS, changes in circumstances led to additional work and extension of the time period for completing the Master Plan process; and WHEREAS, Section 2-9 of the Fort Worth City Code authorizes the City Manager's Office to execute an amendment to a contract "involving an expenditure of fifty thousand dollars ($50,000.00) or less of city funds, provided that sufficient funds have previously been appropriated by the city council"; and WHEREAS, City staff has identified previously appropriated funds that are available to pay for Consultant's additional work in connection with the Master Plan; and WHEREAS, City and Consultant wish to amend the Contest t�address the I changed circumstances. I OFFICIAL RECORp, CITY SFCRI~TARY FT. WORTH, TX P : First Amendment to CSC 39454 Page 1 of 5 NOW, THEREFORE, City and Consultant do mutually covenant and agree as follows: I. That Section 1, "Services," of Fort Worth City Secretary Contract No. 39454 is amended to add a new Paragraph d) to read as follows: d) In addition to the Services and Additional Services, Consultant shall prepare for and attend meetings with the Fort Worth City Council on February 9, 2010, with City staff on April 26, 2010, and any additional meetings as requested by City staff. In addition, Consultant shall provide additional analysis and revisions to the Final Report as requested by City staff. The actions and objectives associated with these meetings, analysis, and revisions shall be subject to the requirements of Paragraph c) above and are referred to herein as the "Extra Work." II. That Section 2, "Term," of Fort Worth City Secretary Contract No. 39454 is amended to extend the period for performance by adding the following language: This Agreement shall also govern the City and Consultant's rights and responsibilities with respect to any Services, Additional Services, and Extra Work requested or performed during a two-year period beginning March 13, 2010, and ending March 12, 2012, such period to be referred to as the "Renewal Term." III. That Paragraph a), "Fee," of Section 3, "Compensation," of Fort Worth City Secretary Contract No. 39454 is amended to add additional language to read as follows: As full and complete compensation for the portion of the Extra Work associated with the City Council meeting on February 9, 2010, the staff meeting on April 26, 2010, and additional analysis and revisions to the Final Report performed prior to December 6, 2011, Consultant shall be paid a flat fee of $13,108.97, which includes overhead, plus Reimbursable Expenses as detailed below. To the extent First Amendment to CSC 39454 Page 2 of 5 City staff requests any Extra Work associated with any additional City Council meetings, Consultant shall be paid an hourly-rate fee of$125.00, which includes overhead, plus Reimbursable Expenses as detailed below. The total amount of fee to be paid for all Extra Work, including the specifically identified meetings, analysis, and revisions, shall not exceed Twenty-Five Thousand Dollars ($25,000.00). All other portions of Paragraph a), "Fee," shall remain in full force and effect throughout the Term and the Renewal Term. IV. That Paragraph b), "Reimbursable Expenses," of Section 3, "Compensation," of Fort Worth City Secretary Contract No. 39454 is hereby amended to add additional language to read as follows: City shall reimburse Consultant for actual expenses associated with the meetings on February 9, 2010 and April 26, 2010 and the additional analysis and revisions to the Final Report performed prior to December 6, 2011 in accordance with this paragraph at a reasonable and customary rate in an amount not to exceed $2,015.76. To the extent City staff requests any Extra Work associated with additional City Council meetings, staff meetings, or additional analysis or revisions to the Final Report after December 6, 2011, City shall reimburse Consultant for actual expenses associated with such Extra Work in accordance with this paragraph at a reasonable and customary rate in an amount not to exceed $3,000.00. The total amount to be reimbursed for actual expenses for all Extra Work, including the specifically identified meetings and the previously provided analysis and revisions, shall not exceed Ten Thousand Dollars ($10,000.00). All other portions of Paragraph b), "Reimbursable Expenses," shall remain in full force and effect throughout the Term and the Renewal Term. First Amendment to CSC 39454 Page 3 of 5 V. That Fort Worth City Secretary Contract No. 39454 is hereby amended to add a new Section 24 to read as follows: 24. Review of Counsel. The parties acknowledge that each party and its counsel have had the opportunity to review and revise this Agreement and that the normal rules of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement or exhibits hereto. VI. That Fort Worth City Secretary Contract No. 39454 is hereby amended to add a new Section 25 to read as follows: 25. Signature Authori . The person signing this Agreement hereby warrants that he or she has the legal authority to execute this Agreement on behalf of his or her respective party, and that such binding authority has been granted by proper order, resolution, ordinance or other authorization of the entity. The other party is fully entitled to rely on this warranty and representation in entering into this Agreement. VII. That all other terms and conditions of City Secretary Contract No. 39454 that are not amended herein shall remain in full force and effect throughout the term of the Agreement and any subsequent renewals. [SIGNATURES APPEAR ON FOLLOWING PAGE] First Amendment to CSC 39454 Page 4 of 5 IN WITNESS WHEREOF, the parties hereto have exe d this First Amendment in Fort Worth, Tarrant County, Texas, this day of 52011. CITY OF FORT WORTH GODFREY'S ASSOCIATES, INC. Sus A anis Richar . Waters Assis t City Manager �.do��ttttA Principal Consultant ATTEST: °ZOO 1�WITNESS: 0 0 ��o ►� a By: $ o r City Secretary ° o° o d \ *� o°°000°°o° Original Contract: M&C C-2 Amendment: No M&C Requ ire -tltlo� APPROVED AS TO FORM AN EGA( I Y: By: 1 �� Denis . McEl11mey Assistant City [OFFICIAL RECORD! TY SECRETARY I FT. 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