HomeMy WebLinkAboutContract 53590-A1 CSC No.53590-A1
A
RECENED
APR 2 4 2020 FIRST AMENDMENT TO
CIW of FORT WORTH FORT WORTH CITY SECRETARY CONTRACT NO. 53590
CITY SECRETARY
This First Amendment to Fort Worth City Secretary Contract No. 53590 ("First
Amendment") is made between the City of Fort Worth ("Fort Worth"), a municipal corporation
and Traction Guest, Inc., a [British Columbia corporation] ("Vendor").
WHEREAS, Fort Worth and Vendor entered into an Agreement identified as Fort Worth
City Secretary Contract No. 53590 beginning February 20, 2020(the "Agreement"); and
WHEREAS, it is the collective desire of both Fort Worth and Vendor to amend the
Agreement to include an annual not-to-exceed amount.
NOW THEREFORE,known by all these present,Fort Worth and Vendor,acting herein by
the through their duly authorized representatives, agree to the following terms, which amend the
Agreement as follows:
1. The Agreement is hereby amended by adding Section 5. Compensation, in the
Agreement as follows:
City shall pay Vendor an amount not to exceed$50,000.00 annually,in accordance
with the provisions of the Agreement (currently $205.00 per device, per month),
which is attached hereto and incorporated herein for all purposes. Upon request of
additional services from City, Vendor shall submit an Order Form substantially
similar to the Order Form attached hereto as Exhibit A. A Purchase Order shall be
issued as City approval of purchase and authorization for payment. Vendor shall
not perform any additional services for the City not specified in this Agreement
unless the City requests and approves in writing the additional costs for such
services. The City shall not be liable for any additional expenses of Vendor not
specified by this Agreement unless City first approves such expenses in writing.
The City agrees to pay all invoices of Vendor within thirty (30) days of receipt of
such invoice.
2. All other terms,provisions,conditions,covenants and recitals of the Agreement not
expressly amended herein shall remain in full force and effect.
[Signature Page Follows]
OFNUAL RECORD
MY SECRETARY
FT. WORTH,T
First Amendment to Fort Worth City Secretary Contract No.53590 Page I of 2
Executed effective as of the date signed by the Assistant City Manager below.
FORT WORTH:
City of Fort Worth Contract Compliance Manager:
By signing I acknowledge that I am the person
responsible for the monitoring and administration
two,t 1 of this contract,including ensuring all performance
By; Valerie Washington(Apr 23,20m) and reporting requirements.
Name: Valerie Washington
Title: Assistant City Manager
Date: Apr 23, 2020 By. -Homer Robertson(Apr 14,2 0) `L
Name: Homer Robertson
Approval Recommended: Title: Assistant Fire Chief
Approved as to Form and Legality:
By; #As OM(Apr 14,2020)
Name: James E.Davis p
Title: Fire Chief By: JBStr�1
a
Name: John B. Strong
Attest: Title: Assistant City Attorney
FFoRi ' .
, Contract Authorization:
1
Contract increase authorized by Emergency
'U Memo approved by Department of Law and By: �l/
Name: Mary Kayser S° Purchasing on March 18,2020
Title: City Secretary
VENDOR:
Traction Guests,Inc.
Wk& N_
By: Sukhl Ram(Apr 10,2020) _T
Name: Sukhi Ram
Title: Corporate Counsel
Date: Apr 10,2020
OFFICIAL.RECORD
CITY SECRETARY
i L FT. WORTH,TX
First Amendment to Fort Worth City Secretary Contract No.53590 Page 2 of 2
EXHIBIT"A"TO FIRST AMENDMENT
Date March 18, 2020 TRACTION
Legal Business Name City of Fort Worth rruest
Business Address 200 Texas Street, Fort Worth,TX 76102
Traction Guest Order Form.
Product Effective Dates Total#of Total PO#from Fort Worth
Devices
Enhanced Feb 1 2020-Jan 312021 2 $4,920.00 CFW01-20-0071
Enhanced Mar 18 2020-Jan 312021 2 $4,305.00 FW036-0000001719
Enhanced Mar 18 2020-Jan 312021 1 $2,152.50 FW036-0000001721
Total Annual Commitment for Traction Guest $11,377.50/year
Pricing information.
Total is quoted at$205/month per device for Enhanced.
Payment due net 30.
Hardware not included.
This Order Form replaces the order form signed on February 28,2020 between the parties.
Terms of Service
This Order Form including the Special Terms attached below,together with the terms and conditions https://tractionguest.com/tos/.
constitutes your entire 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.
This Order Form is your agreement.
Name:
Signature:
Title:
Date:
Bill To Contact:
Bill To Email:
SPECIAL TERMS EXHIBIT A TO FIRST AMENDMENT
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.
INTEROFFICE MEMORANDUM
DATE: MARCH 18, 2020
TO: JOHN B. STRONG,ASSISTANT ATTORNEY
CYNTHIA GARCIA,ASSISTANT FINANCE DIRECTOR
FROM: JAMES E DAVIS, FIRE CHIEF
RE: EMERGENCY INCREASE OF CONTRACT AMOUNT TO$50,000
On February 28, 2020,the City entered into a Contract (CS No. 53590, PSK 9765)with Traction Guest,
Inc., based on Request for Quotes 20-0071. The amount of the current contract is$4,920.00 for
software licenses for two devices.
Due to the COVID-19 pandemic,the health and safety of the City of Fort Worth citizens and employees
are of the upmost importance. It is requested the contract amount be increased to the maximum
amount allowed under the Request for Quotes award,$50,000,to cover immediate emergency needs.
The need is for additional licenses to implement employee and guests screening stations at City Hall.
The tracking/screening software allows guests/employees to answer COVID-19 health related questions
such as, but not limited to, have they been out of the country; have they been in contact with anyone
who has tested positive for COVID-19; and, if they have a fever. It is imperative screening start
immediately.
An amendment to the Contract will be routed,officially increasing the amount within the next few days.
APPROVED FOR EMERGENCY PROCUREMENT:
Tames DGI✓%S
RECOMMENDED i,n»es owls(Mar ig,2020)
JAMES E. DAVIS, FIRE CHIEF
APPROVED: John Padinjaravila Baby(Mar 18,2020)
CYNTHIA GARCIA,ASSISTANT FINANCE DIRECTOR
APPROVED As to Form and Legality: trong(Mar18,2020)
JOHN B. STRONG,ASSISTANT CITY ATTORNEY