HomeMy WebLinkAboutContract 52022 CITY SECRETARY
CONTRACT NO-. 5aoaa
ADDENDUM TO MITCHELL 1 RENEWAL ORDER AGREEMENT
BETWEEN
THE CITY OF FORT WORTH
AND
MITCHELL REPAIR INFORMATION COMPANY, LLC
This Addendum to Mitchell 1 Renewal Order Agreement("Addendum") is entered into by
and between the Mitchell Repair Information Company,LLC("Seller")and the City of Fort Worth
("City"), collectively the "parties", for a purchase of licenses.
The Contract documents shall include the following:
1. The Mitchell 1 Renewal Order Agreement; and
2. This Addendum.
Notwithstanding any language to the contrary in the attached Mitchell 1 Renewal Order
Agreement (the "Agreement"), the Parties hereby stipulate by eN idence of execution of this
Addendum below by a representative of each party duly authorized o bind the parties hereto, that
the parties hereby agree that the provisions in this Addendum below shall be applicable to the
Agreement as follows:
1. Term. This Agreement shall begin on the date stated in Purchase Order("Effective
Date") and shall expire on upcoming September 30th, ("Expiration Date"), unless
terminated earlier in accordance with this Agreement ("Initial Term"). Upon the
expiration of the Initial Term, the Agreement shall renew automatically under the
same terms and conditions for up to four(4) one-year renewal periods (October 1
to September 30) and for a fifth renewal period which shall expire on completion
of total five year duration, unless City or Vendor provides the other party with
notice of non-renewal at least 60 days before the expiration of the Initial Term or
renewal period. However, if funds are not appropriated, the City may cancel the
Agreement 30 calendar days after providing written notification to the Contractor/
Vendor.
2. Termination.
a. Convenience.Either City or Seller may terminate the Agreement at any time
and for any reason by providing the other party with 30 days written notice of termination.
b. Breach.If either party commits a material brea,:h of the Agreement,the non-
breaching Party must give written notice to the breaching party that describes the breach
in reasonable detail. The breaching party must cure the breach ten (10)calendar days after
\�� receipt of notice from the non-breaching party, or other time frame as agreed to by the
parties. If the breaching party fails to cure the breach within the stated period of time, the
non-breaching party may, in its sole discretion, and withoutprejudice to any other right
under the Agreement, law, or equity, immediately terminai:e this Agreement by giving
written notice to the breaching party.
Addendum to Mitchell 1 Renewal Order Agreement 4,4a- RD
p 4r,51 y SECRETARY
FT WORTH,TX
C. Fiscal Funding Out. In the event no funds or insufficient funds are
appropriated by City in any fiscal period for any payments due hereunder, City will notify
Seller of such occurrence and the Agreement shall terminate on the last day of the fiscal
period for which appropriations were received without penalty or expense to the City of
any kind whatsoever, except as to the portions of the; payments herein agreed upon for
which funds have been appropriated.
d. Duties and Obligations of the Parties. In the event that the Agreement is
terminated prior to the Expiration Date, City shall pay Seller for services actually rendered
up to the effective date of termination and Seller shall continue to provide City with
services requested by City and in accordance with the Agreement up to the effective date
of termination. Upon termination of the Agreement fol• any reason, Seller shall provide
City with copies of all completed or partially completed documents prepared under the
Agreement. In the event Seller has received access to City information or data as a
requirement to perform services hereunder,Seller shall return all City provided data to City
in a machine readable format or other format deemed acceptable to City.
3. . Attorneys' Fees, Penalties, and Liquidated Dam des. To the extent the attached
Agreement requires City to pay attorneys' fees for any action cc,ntemplated or taken, or penalties
or liquidated damages in any amount, City objects to these tears and any such terms are hereby
deleted from the Agreement and shall have no force or effect.
4. 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.
5. 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.
6. Indemnity. To the extent the Agreement requires City to indemnify or hold Seller
or any third party harmless from damages of any kind or character, City objects to these terms and
any such terms are hereby deleted from the Agreement and shall.have no force or effect.
7. No Debt. 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 z_ppropriated prior to termination.
8. Confidential Information. City is a government entity under the laws of the State
of Texas and all documents held or maintained by City are subject to disclosure under the Texas
Addendum to Mitchell 1 Renewal Order Agreement Page 2 of 6
Public Information Act. To the extent the Agreement requires that City maintain records in
violation of the Act, City hereby objects to such provisions and such provisions are hereby deleted
from the Agreement and shall have no force or effect.In the event there is a request for information
marked Confidential or Proprietary, City shall promptly notify Seller. It will be the responsibility
of Seller to submit reasons objecting to disclosure. A determination on whether such reasons are
sufficient will not be decided by City, but by the Office of the Attcrney General of the State of
Texas or by a court of competent jurisdiction.
9. Addendum Controlling. 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.
10. Liability and Indemnification. LIABILITY - SELLER SHALL BE LIABLE
AND RESPONSIBLE FOR ANY AND ALL PROPERTY LOSS, PROPERTY DAMAGE
AND/OR PERSONAL INJURY, INCLUDING DEATH, TO A'NY AND ALL PERSONS,
OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, TO THE
EXTENT CAUSED BY THE NEGLIGENT ACT(S) OR OMISSION(S), MALFEASANCE
OR INTENTIONAL MISCONDUCT OF SELLER, ITS OFFICERS, AGENTS,
SERVANTS OR EMPLOYEES.
INDEMNIFICATION - SELLER HEREBY COVENANTS AND AGREES TO
INDEMNIFY,HOLD HARMLESS AND DEFEND THE CITY,ITS OFFICERS,AGENTS,
SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR
LAWSUITS OF ANY KIND OR CHARACTER,WHETHER REAL OR ASSERTED,FOR
EITHER PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR
LOSS TO SELLER'S BUSINESS,AND ANY RESULTING LOSST PROFITS)PERSONAL
INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, AND DAMAGES FOR
CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT, ARISING OUT OF OR
IN CONNECTION WITH THIS AGREEMENT, TO THE EXTENT CAUSED BY THE
ACTS OR OMISSIONS OF SELLER, ITS OFFICERS, AGENTS, SUBCONTRACTORS,
SERVANTS OR EMPLOYEES.
INTELLECTUAL PROPERTY INFRINGEMENT - The Seller warrants that all
Deliverables, or any part thereof, furnished hereunder, including but not limited to:
programs,documentation,software,analyses,applications,methods,ways,and processes(in
this Section 8C each individually referred to as a "Deliverable" and collectively as the
"Deliverables,") do not infringe upon or violate any patent,copyrights, trademarks, service
marks, trade secrets, or any intellectual property rights or other third party proprietary
rights, in the performance of services under this Agreement.
Seller shall be liable and responsible for any and all claims made against the City for
infringement of any patent, copyright, trademark, service mark, trade secret, or other
intellectual property rights by the use of or supplying of any Deliverable(s) in the course of
performance or completion of, or in any way connected with providing the services, or the
City's continued use of the Deliverable(s) hereunder.
Addendum to Mitchell 1 Renewal Order Agreement Page 3 of 6
Seller agrees to indemnify, defend, settle, or pay, at its own cost and expense, including the
payment of attorney's fees, any claim or action against the City for infringement of any
patent,copyright,trade mark,service mark,trade secret,or,other intellectual property right
arising from City's use of the Deliverable(s), or any part thereof, in accordance with this
Agreement, it being understood that this agreement to indemnify,defend,settle or pay shall
not apply if the City modifies or misuses the Deliverable(s). So long as Seller bears the cost
and expense of payment for claims or actions against the City pursuant to this section 8,
Seller shall have the right to conduct the defense of any such claim or action and all
negotiations for its settlement or compromise and to settle or compromise any such claim;
however, City shall have the right to fully participate in any and all such settlement,
negotiations, or lawsuit a;i necessary to protect the City's interest, and City agrees to
cooperate with Seller in doing so. In the event City, for whatever reason, assumes the
responsibility for payment of costs and expenses for any claim or action brought against the
City for infringement arising under this Agreement, the City shall have the sole right to
conduct the defense of any such claim or action and all negotiations for its settlement or
compromise and to settle or compromise any such claim; however, Seller shall fully
participate and cooperate with the City in defense of such claim or action. City agrees to give
Seller timely written notice of any such claim or action, with copies of all papers City may
receive relating thereto.Notwithstanding the foregoing,the City's assumption of payment of
costs or expenses shall not eliminate Seller's duty to indemnify the City under this
Agreement.If the Deliverable(s), or any part thereof, is held to infringe and the use thereof
is enjoined or restrained or, if as a result of a settlement or compromise, such use is
materially adversely restricted, Seller shall, at its own expense and as City's sole remedy,
either: (a) procure for City the right to continue to use the Deliverable(s); or (b) modify the
Deliverable(s) to make them/it non-infringing, provided that such modification does not
materially adversely affect City's authorized use of the Deliverable(s); or (c) replace the
Deliverable(s)with equally suitable, compatible,and functionally equivalent non-infringing
Deliverable(s) at no additional charge to City; or (d) if none of the foregoing alternatives is
reasonably available to Seller, terminate this Agreement, and refund all amounts paid to
Seller by the City, subsequent to which termination City may seek any and all remedies
available to City under Maw. SELLER'S OBLIGATIONS HEREUNDER SHALL BE
SECURED BY THE REQUISITE INSURANCE COVERAGE AND AMOUNTS SET
FORTH IN SECTION 10 OF THIS AGREEMENT.
11. Immigration Nationality Act. Seller shall verify the identity and employment
eligibility of its employees who perform work under this Agreement, including completing the
Employment Eligibility Verification Form (1-9). Upon request by City, Seller shall provide City
with copies of all 1-9 forms and supporting eligibility docurnentation for each employee who
performs work under this Agreement. Seller shall adhere to all Federal and State laws as well as
establish appropriate procedures and controls so that no services will be performed by any Seller
employee who is not legally eligible to perform such services. SELLER SHALL INDEMNIFY
CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES
DUE TO VIOLATIONS OF THIS PARAGRAPH BY SELLER, SELLER'S EMPLOYEES,
SUBCONTRACTORS, AGENTS, OR LICENSEES. City, upon written notice to Seller, shall
have the right to immediately terminate this Agreement for violations of this provision by Seller.
Addendum to Mitchell I Renewal Order Agreement Page 4 of 6
12. No Boycott of Israel. Seller 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 ascrii)ed to those terms in Section
808.001 of the Texas Government Code. By signing this Addendum, Seller certifies that Seller's
signature provides written verification to City that Seller: (1) does not boycott Israel; and(2) will
not boycott Israel during the term of the Agreement.
13. Right to Audit. Seller agrees that City shall, until the expiration of three (3) years
after final payment under the Agreement, have access to and the right to examine any directly
pertinent books, documents, papers and records of Seller involving; transactions relating to the
Agreement. Seller agrees that City shall have access during normal working hours to all necessary
Seller facilities and shall be provided adequate and appropriate workspace in order to conduct
audits in compliance with the provisions of this section. City shall give Seller reasonable advance
notice of intended audits.
(signature page follows)
Addendum to Mitchell 1 Renewal Order Agreement Page 5 of 6
Executed this the day of 2019.
CITY:
City of Fort Worth Contract Compliance Manager:
By signing I acknowledge that I am the person
responsible for the monitoring and administration
of this contract, incl ing ring all performance
By: and re orting r equirem ts.
Name: Jay Chapa
Title: Assistant City Manager
Date: 3 By:
ame: an Shur
Approval Recom d: Title: ;Sr.Administrative Services Manager
Approved as i:o Form and Legality:
B :
N R er en tiles
Ti le: In
im ro Management Director By:
Name: Matthew A. urray
Attest: Title: Assistant City Attorney
Contract Authorization:
M&C: Not required
By. Name: Mar ser 0�
Title: City Se reta
rY
.
SELLER: (Q�S "
Mitchell Repair Information Company,LLC
By: �
Name: Wavne Haire:
Title: Manager Order Processing
Date: Feb 20,2019
OFFICIAL RECORD
_ CITY SEG
Addendum to Mitchell I Renewal Order Agreement FT; Wo
� �X
Make Checks Payable to MITCHELL 1
From the U.S.: MITCHELL 1 25029 Network Place, From Canada: MITCHELL 1 P.O.Box 15358 Station A
Chicago,IL 60673-1250 Toronto,ON M5W 1 C 1 Canada
Federal ID No.: 33-0734307 GST No: 888262094RT0001
Correspondence to: MITCHELL 1 14145 Danielson Street,Poway,CA 92064 Ph#(888)724-6742
2019 Renewal Order Form/ 30-Day Quote ORDER It 3994888
NEW ACCOUNT? F—]Yes F,(]No Has Info Changed? SHIP 1.0 ❑Rep �Customer [:]Other
SHIP TO* 731821 CRP ID: Assoc MEMBER#: Lead#r DATE: 8/6/18
CO NAME: CITY OF FORT WORTH OUT OF TERRITORY? Y[:] N ❑
(If yes,needs RSM approval)
ATTENTION: Denise Garcia PAUL SCHMIDT SERVICE BUYER In FIELD REP#(6 digit account)
ST ADDRESS: 900 Monroe St., Suite 402 FIELD REP NAME:
TM r6 TM MARIA GARCIA
CITY,ST,zip: FORT WORTH, TX 76102 # Rep
Name
PH#: (817)392-678 FAX#: (682) 352-7228 EMAIL: Denise.Garcia@fortworthtexas.gov
Bill to address is the same? If not, complete the following section.
BILL TO#:I I CO NAME: CITY OF FORT WORTH
ATTENTION: Contract Compliance
ST ADDRESS: 4100 COLUMBUS TRL 0
CITY,ST,ZIP: FORT WORTH,TX 76133-7578
Subscription Code Term Price**
PRODUCT QTY NEW/REN
Select
Product
TruckWorks r-,i5G 1 ❑ ❑ ADDON 12M $2,775.42
TruckWorks ,5SE1 vQi5C , 4��Ivl 3 ❑ ❑ 12M $7,807.23
-- -- ❑ ❑ --
-- ❑ ❑ --
TypeEl ❑
Other
Subtotal $10,582.65
+TAX*
if applicable
TOTAL
'If tax exempt,you must attach
exempt certificate.
**Pricing good for 30 days.
RETURN TO Maria Garcia
1-888-724-6742 ext 2014
FAX# 1-858-746-8972
Remit Payment to Mitchell 1.
• Check (Ck# Amt )El P.O.#
❑Credit Card# Name Exp'
Card on Card:
SPECIAL INSTRUCTIONS:
THE UNDERSIGNED AGREE TO THE TERMS AND CONDITIONS SET FORTH ABOVE AND HAVE RECEIVED AND ACCEPTED THE TERMS OF THE END USER LICENSE AGREEMENT.IN WITNESS THEREOF,
THE PARTIES HERETO HAVE EXECUTED THIS AGREEMENT ON THE.RESPECTIVE DATE INDICATED ABOVE.CUSTOMER AGREES TO RECEIVE PROMOTIONAL E-MAILS FROM MITCHELL 1. IF CUSTOMER
WOULD PREFER NOT TO RECEIVE PROMOTIONAL E-MAILS FROM MITCHELL 1,PLEASE VISIT OUR WEBSITEnom/v.mitchelll cgm/unsubscdb,!TO UNSUBSCRIBE.
End User/Owner Signature I Print Name I Title
Electronic Signatures. Each party agrees that the electronic signatures,whether digital or encrypted,of the parties included in this Agreement aro intended to authenticate this EOF102017
writing and to have the same force and effect as manual signatures.Electronic signature means any voice recorded or electronic sound,symbol or process attached to or logically
associated with a record and executed and adopted by a party with the intent to sign such record,including facsimile,telephone recording or a-m.til electronic signatures.
RETURN TO Maria Garcia 1-888-724-6742 ext.2014 FAX#1-858-746-897:! maria.garcia@mitchell1.com
Mitchell 1'Order Terms and Conditions
1. Order Forms.Customer acknowledges and agrees that the Ot der Form and the (k) 'The Customer acknowledges that any content pushed to the customers
registration,payment and other information submitted by Customer on the Order Form Facebook page by Mitchell 1 is at Facebook's sole discretion to present.
is complete and accurate.Electronic Signatures. Each party agi ees that the electronic (1) Customers purchasing a Website from Mitchell l that also include the
signatures,whether digital or encrypted,of the parties includes I in this Agreement are purchase of a domain name,acknowledges that the purchased domain
intended to authenticate this writing and to have the same fort,and effect as manual name will remain Mitchell 1's property and may or may not be trans
signatures.Electronic signature means any voice recorded or electronic sound,symbol ferred to the customer upon contact cancelation.
or process attached to or logically associated with a record and executed and adopted by (m)A Website and/or any CRM service provided by Mitchell 1 does not
a party with the intent to sign such record,including facsimile,telephone recording or include a guarantee of prominent or"first page'search engine results
e-mail electronic signatures.Order Forms for:(a)Products prc vided electronically,or positioning.
(2)Services and Products provided electronically,are accepted when Mitchell 1 sends
Customer an electronic message confirming the Order Form.i ell other Order Forms (n) If Customer has opted for Marketing services,the Customer hereby
for:(y)Products not provided electronically,or(z)Services an,i Products not provided agrees[o pay and be fully responsible for the Google AdWords monthly
electronically,are accepted upon shipment of the Products,licensed FCA shipping point. budget of he Customer
to er paid to Google pursuant to its policies.In
Order Forms for Services only are accepted when an authorize i Mitchell 1 representative the event the Customer that to pay such monthly budget,Customer
signs the Order Form.Any terms and conditions set forth on a purchase order or other understands and agrees that S will still be required m pay the
written documentation from Customer shall be considered voi 3 and of no force and effect. Marketing services monthly Service fee.
2.1.3. OwnerAutoSite.com The Customer acknowledges that Mitchell 1 will be
2. Services.The Service(s)unless terminated earlier in accordai cc with the Agreement, posting consumer service history data on behalf of Customer via a unique
will renew automatically on a month to month basis. 30-day notice is required to cancel Internet login,and Customer accepts full responsibility for doing so.
during the renewal period.Notwithstanding anything herein to the contrary,if the Order 2,1.4. Mitchell I DataProtection Services If Customer selects DataProtection
From provides for a promotional term,the"Initial Term"ani"Renewal Term"shall be Ser chell(D ataP otectn),Mitchell 1 agrees to provide the following:
the promotional term defined in the Order Form.The 30 day notice of cancelation stated
above shall apply to any promotional term. DataProtection Services.
2.1. Ml Business Performance Services (a)Periodic web based electronic copying and storage of files,including,and
lirnited to,Mitchell 1/ShopKey shop management product database files.
2.1.1. Overview.If dye Services xray include Customer R=tendon Marketing Service
(b) Mitchell 1 customer service personnel to provide web based restoration of
Reminders("CRM"),Target Market Promotions("TMP"),Website and
Data Protection("DP")and other services that nay be offered from time electronically stored files,including,and limited to,Mitchell 1/ShopKey
to time as further specified on the Order Form(b ereinafter individually or shop management product database files.
collectively referred to as"Service(s)")Section 2.:.1 through Section 2.1.4 2.2 Subscriptions The terms below will apply to the Subscription selected by Customer.
apply respectively to the Service(s)selected. (i)Rental.The Subscription Period for this Subscription is effective for an initial
term of twelve(12)or twenty-four(24)months following the Commencement Date
2.1.2. Customer Retention Marketing Service Remind ers.If Customer selects
CR.M as set forth on the Order Form,Mitchell 1:. ces to provide the ("Initial Rental Subscription Period").In addition to the applicable Subsactivation P tion fees,Customer may be required to pay Mitchell 1 a one-time activation fee
following services: to comine:nce the Rental.Subscription.The activation fee is non-refundable once
(a) Extract customer and vehicle information frcm the automotive facilities the Order Form is submittedto Mitchell 1 unless Mitchell 1 declines to accept the
management system for the use of Marketinp Services(defined below). Order Form.Mitchell 1 will bill Customer monthly,with payments due within thirty
(b) Provide"Marketing Services"that include s,:rvice reminder postcards (30)calendar days following the date of the Mitchell 1 invoice.After the Initial
via mail,e-mail service reminders,and than}:you c-mails for new Rental Subscription Period,the Subscription Period for this Subscription will renew
customers.Service reminders via mail and e-mail service reminders automatically on a month to month basis. 30-day notice is required to cancel during
are limited to unique vehicle/customer records defined as eligible for the renewal period.A Subscription may not be cancelled during the Initial Rental
solicitation based on the payment level chost n on the Order Form. Subscription Period.Mitchell 1 reserves the right to change pricing upon notice to
E-mail service reminders will always be sent when an e-mail address Customer prior to each Rental Renewal Period.At the end of the Initial Rental Sub-
is captured by Mitchell 1 via the extraction p rocess or may be obtained scription Period or any Rental Renewal Period,Customer must return to Mitchell 1
by Mitchell 1 through third party e-mail pro,iders. the Product,any Updates,documentation and all copies thereof and discontinue use
(c) Manage a database of customer and vehicle in formation for the Customer. of the Product,any Updates and all documentation.
(d) Send customer and vehicle data to print venc,or of Mitchell 1's choice for 3. Payments.As applicable,Customer hereby authorizes Mitchell 1 to charge the Customer
Marketing Services. Fees to the payment card or checking account number provided by Customer.By submitting
(e) Use data hygiene cleansing processes for data i ritegrity and provide a secure a Payment card or checking account number as the form of payment,Customer represents
environment for customer data storage. and warrants that Customer's use of the particular card or checking account is authorized
(f) Provide Customer technical and customer support for CRM services during and that all information submitted is true and accurate(including,without limitation,pay-
the Term of thc Agreement, ment card nurnber and expiration date).In doing so,Customer also authorizes Mitchell I
to charge to the payment card or checking account tendered all amounts payable by
(g) If Customer has opted for service recommen iations on the Order Form, Customer to Mitchell 1 based on the Subscription plan selected(including all renewals
such recommendations will be added to service reminder postcards and thereof),including,but not limited to,all fees and any applicable taxes Mitchell I is required
e-mails.Service recommendations will be pt}led from the Mitchell 1/ to collect.Customer agrees to update its account registration and payment card or checking
ShopKey Manager program. account information immediately with any change in the payment card information
(h) if Customer has opted for the Target Market P remotions("TMP")the data including,but not limited to,any change in expiration date.if Mitchell 1 is unable to process
for TMP will be provided either from:(i)the Customer's existing customer the payment card or checking account at any time,Customer's account may be immediately
database and uploaded for use on mailing caml signs,or(di)for an additional suspended or terminated and Customer will remain responsible for all amounts payable by
fee and as indicated on the Order Form,Customer may elect to"rent"a Customer to Mitchell 1.The payment card or checking account issuer agreement governs use
customer mailing list through Mitchell 1 from.i Third Party Provider of your payment card or checking account and Customer must refer to that agreement with
(defined below).If Customer elects to rent a in riling list as provided as respect to Customer's rights and liabilities as an account holder.if Mitchell 1 does not receive
this Section 2.1.2(h),such rented mailing list shall be used only for one payment from its payment card or checking account issuer or its agent,Customer agrees to
(1)mailing event and Mitchell 1 is not permitted and will not in any event pay Mitchell 14 amounts due upon demand by Mitchell 1.Mitchell I reserves the right to
provide a list of customers included in a rente.i mailing list Standard not renew Customer's account at any time for any reason.
promotional artwork templates are provided.,V Customer's option, 4. Counterparts;Vacsimile Signatures.This Agreement and the applicable Order Form(s)
NUtchell l will create custom templates for a one-time fee of$150 for each may be executed in one or more duplicate originals,all of which together shall be
unique template requested.The$150 charge it dudes one(1)change or deemed one and the same instrument. This Agreement and the applicable Order
revision to the custom template. Form(s)shall be binding on the parties through facsimile signatures,with originals to
(i) Customer opting for eCRM e-mail service ca n choose from an extensive follow by regular mail or overnight courier.
list of pre-existing text coupon templates with the ability to include their S.License.
own limited text.These pre-existing text cou pons can be updated at any Subject to the terms and conditions of this Agreement,Mitchell 1 grants to Customer
time.Custom graphic coupons are available'.o customers subscribing to a personal,nonexclusive,nontransferable,limited license to access and use the executable
eCRM e-mail service at$150 per request. version of the applicable Product during the applicable Subscription Period purchased
(j) Customers opting for monthly Postcard service can choose coupons from a by Customer solely for the purpose of:(i)providing vehicle mechanical services;
large list of coupon design templates and mak:a maximum of 4 revisions (G)estimating;vehicle mechanical parts and labor cost estimates;and(iii)conducting
in a twelve(12)month period Additional custom coupon changes can be vehicle shop management.Unless the Order Form specifies otherwise,the license shall
completed at$150 per request.There is no lire it on switching coupons be for one location;with location referring to a distinct building or site.If the Order
from the existing coupon template library.Cu;tomer opting for Postcard Form authorizes more than one user,then the number of users shall be limited to
service can choose cover artwork from the existing Mitchell I library the number set forth on the Order Form.When technically and reasonably feasible,
and receive one(1)custom design per year,ar d a maximum of two(2) Customer may make one copy of the Product solely for backup purposes.
revisions to that custom design.Additional co ver art change requests can
be completed at$150 per request. End User/Owner Signature
RETURN TO Maria Garcia 1-888-724-6742 ext.2014 FAX#1-858-746-8972 maria.garcia@mitchell1.com MlTERMS102017
14
ML
The First Choice of Automotive Professionals
Ship to 731821
CITY OF FORT WORTH
DENISE GARCIA
PAUL SCHMIDT SERVICE BUYER
900 MONROE ST SUITE 402
FORT WORTH,TX 76133-7578
DOTE - 1/31/2019 2D2,D
Product Description Quantity Original Price Total Price
TruckWorks 1 $2,775.42 $2,775.42
TruckWorks 1 1 -q7f 5, 3 $2,602.41 $7,807.23
Tax:. 0.00%
Total Cash Price(N x) 1$10,582.651
RENEWAL
DATE 10/1/19 TO 9/30/20
QUOTES GOOD FOR 30 DAYS—PRICES ARE QUOTED IN U.S. DOLLARS($)
Maria Garcia • Inside Sales • A tche//7 • (888)724-6742 X 2014 • FAX(858)746-8972
maria.garcia@mitchelll.com
r
The First Choice of Automotive Professionals
Ship to 731821
CITY OF FORT WORTH
DENISE GARCIA
PAUL SCHMIDT SERVICE BUYER
900 MONROE ST SUITE 402
FORT WORTH,TX 76133-7578
QUOTE - 1/31/2019
Product Descriptions Quantity Original Price Total Price
TruckWorks 8 Months t4sC, 1 _ $1,814.00 $1,814.00
TruckWorks 8 Months Sw6c. 3 $1,664.64 $4,993.92
Tax: TOO-1.
Total Cash Price(No Tax) $6,807.92
RENEWAL
DATE 2/1/19 TO 9/30/19
QUOTES GOOD FOR 30 DAYS—PRICES ARE QUOTED -N U.S. DOLLARS(S)
Maria Garcia - Inside Sales • Mitchell!a (888) 724-67,12 X 2014 • FAX(858).746-8972
maria.garcia@mitchelll.com
Soto, Vania Elizabeth
From: Murray, Matt
Sent: Tuesday, March 12, 2019 4:57 PM
To: Garcia, Denise
Cc: Soto, Vania Elizabeth; Baker, Sheila
Subject: RE: Question
Hi Denise,
The addendum and the renewal order agreement form a new contract, so I think that it should get a new CSC number.
Thanks,
Matt Murray
Assistant City Attorney I
City Attorney's Office
200 Texas Street
Fort Worth, Texas 76102
817-392-8864
817-392-8359 (fax)
Matthew.MLirray@fortworthtexas.gov
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ORT WORTH
From: Garcia, Denise
Sent:Tuesday, March 12, 2019 1:42 PM
To: Murray, Matt<Matthew.M urray@fortworthtexas.gov>
Cc: Soto,Vania Elizabeth <Vania.Soto@fortworthtexas.gov>; Baker, Sheila <Sheila.Baker@fortworthtexas.gov>
Subject: RE: Question
Hi Matt,
Can you please help me address Vania's request below because we don't have a City Secretary Contract for Mitchell 1.
Thank you.
Denise Garcia
Contract Services Administrator
Property Management Department
900 Monroe Street, 4th floor, Suite 402
Fort Worth,Texas 76102
Office: (817) 392-6787
Mobile: (682) 352-7228
Denise.GarciaAfortworthtexas.gov
City of Fort Worth— Working together to build u strong community
FORTWORTH®
From:Soto,Vania Elizabeth
Sent:Tuesday, March 12, 2019 1:03 PM
To: Garcia, Denise<Denise.Garcia@fortworthtexas.gov>
Subject: Question
We received the Addendum to Mitchell 1 Renewal Order Agreement but them is no City Secretary Contract number
provided. Please provide this to me at your earliest convenience. Thank you.
Vania E. Soto
Administrative Assistant
City Secretary's Office
817-392-6090
Vania.SotoAfortworthtexas.gov
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