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HomeMy WebLinkAboutContract 53590 DocuSign Envelope ID:6E94B42C-5D6B-478B-8C40-D4176C3E3BB1 C 3 Y SECRETARY CONTRACT No. Date: Feb 20, 2020 TRACTION Legal Business Name: City of Fort Worth r1ruest. Business Address: 200 Texas Street, Fort Worth,TX 76102 Traction Guest Order Form. Locations Effective Dates Total#of Devices Total Fort Worth Feb 1, 2020—Jan 31, 2021 2 $4,920.00 Total Annual Commitment for Traction Guest $4,920 USD/year Pricing information. Total is quoted at$205 USD/month per device for the Enhanced plan. Payment due on receipt. Hardware not included. Unless otherwise agreed in writing,in the event this Agreement is renewed for a renewal term, provided such renewal is for the same plan and number of licenses as the previous term,Traction Guest will not increase the fees for such renewal term by greater than 5%of the fees for the previous term. Terms of Service. Save and except the revised terms provided herein,the Order Form,together with the terms and conditions attached herein, (the"Terms and Conditions"),constitute your entire agreement("Agreement")with Traction Guest Inc.("Traction Guest")with respect to the subject of this Order Form. By signing this Order Form,you acknowledge that you have read, understood and agree to the Terms and Conditions. No modification to this agreement shall be effective unless in writing and signed by You and Traction Guest. In the event of conflict,the terms of provided in this Order Form shall control over the Terms and Conditions. 1. Limitation of Liability and Indemnity To the extent the Terms and Conditions, in any way,limits the liability of Traction Guest or requires You to indemnify or hold Traction Guest or any third party harmless from damages of any kind or character,You hereby disagree to these terms and any such terms are hereby deleted from the Terms and Conditions and shall have no force or effect. 2. Proper Law- This Agreement shall be governed by and construed in accordance with the laws of the State of New York. 3. Fiscal Funding Out In the event no funds or insufficient funds are appropriated by You in any fiscal period for any payments due hereunder,You will notify Traction Guest 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 You of any kind whatsoever,except as to the portions of the payments herein agreed upon for which funds have been appropriated. 4. Renewal Unless otherwise agreed in writing,this Agreement may be renewed as many times as You may deem fit,however,it is hereby agreed by the parties that upon every renewal,a City of Fort Worth renewal letter with an attached Order Form is to be executed capturing all changes made to the Agreement or any pricing policy,if the same is applicable. 4, OFFICIAL.RECORD C, This Order Form is your agreement. CITY SECRETARY FFB `��F o�noFF?8�0? FT. WORTH,TX o D 71-sFCRFTq�y'��y DocuSign Envelope ID:6E94B42C-5D6B-478B-8C40-D4176C3E3BB1 City of Fort Worth Name: Signature: Title: Date: Bill To Contact: Bill To Email: DocuSign Envelope ID:6E94B42C-5D6B-478B-8C40-D4176C3E3BB1 ACCEPTED AND AGREED: CITY OF FORT 7'"ORTHI CONTRACT COMPLIANCE MANAGER: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including By: ensuring all performance and reporting Name: Kevin Gunn requirements. Title: Assistant City Manager By: APPROVAL RE OMMENDED: Name: Mar Deboer Title: Interim Assistant Director, IT Solutions By: APPROVED AS TO FORM AND Name: Roger Wrig t LEGALITY: Title: Interim IT Solutions Director ATTEST: By: Name„ J n Strong Title: Assistant City ttorney By: k4l CONTRACT AUTHORIZATION: Name: ary J. Ka �. M&C: N/A Title: City Secretary {� :` i� ' Date Approved: o: >" ;Form 1295 Certification No.: NA ...... Traction Guest Inc. C '.x3 DocuSigned by: vtL rm 2/20/2020 By OD qE 38D97034C9... Name: SUIP1 Ram Title: corporate counsel OE ECOR® ETARY H,TX