HomeMy WebLinkAboutContract 54459-A2 CSC No. 54459-A2
SECOND AMENDMENT TO
PROFESSIONAL SERVICES AGREEMENT
COOKSEY COMMUNICATIONS,INC.
This SECOND AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
("Second Amendment")is made and entered into by and between the CITY OF FORT WORTH
("City"), a Texas home rule municipal corporation, acting by and through Valerie Washington,
its duly authorized Assistant City Manager, and Cooksey Communications, Inc. ("Vendor"), a
Texas corporation, acting by and through Jason Meyer, its duly authorized Executive Vice
President, each individually referred to as a"party"and collectively referred to as the"parties."
WHEREAS, City and Vendor entered into a Professional Services Agreement dated
June 30, 2020 (CSC No. 54459) (the "Agreement"), for an integrated marketing communications
campaign for "Y'all Wear a Mask" effort for the City, all as more particularly described in the
Agreement;
WHEREAS, City and Vendor amended the Agreement a first time pursuant to CSC No.
54459-Al (the "First Amendment") to extend the term of the Agreement and include Exhibit B
which was attached to the First Amendment; and
WHEREAS, the Parties wish to amend the Agreement a second time to specify the
additional funds added to the Agreement by attaching and incorporating Exhibit B into the First
Amendment.
NOW, THEREFORE, the Parties, acting herein by the through their duly authorized
representatives, enter into the following agreement:
1.
AMENDMENTS
Section 3, entitled"Compensation" of the Agreement is hereby deleted in its entirety and
replaced as follows:
City shall pay Vendor in accordance with the fee schedule of Vendor personnel who perform
Services under this Agreement in accordance with the provisions of this Agreement and
Exhibit "A," Scope of Services and Price Schedule, and Exhibit `B", attached to the First
Amendment. Notwithstanding anything in Exhibit "A" - Scope of Services and Price
Schedule and Exhibit"B"to the contrary,total payment made under this Agreement for the
first year by City shall not exceed Seventy-Eight Thousand, Six Hundred Fifty and
00/100 Dollars ($78,650.00), inclusive of all Vendor fees, external fees, and
reimbursable expenses. Vendor shall not perform any additional 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.
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Professional Services Agreement—Second Amendment P a g e l
2.
ALL OTHER TERMS SHALL REMAIN THE SAME
All other provisions of the Agreement which are not expressly amended herein shall
remain in full force and effect.
3.
MISCELLANEOUS
Each of the parties hereto represents and warrants to the other that the person executing
this Second Amendment on behalf of such party has the full right, power, and authority to enter
into and execute this Second Amendment on such party's behalf and that no consent from any
other person or entity is necessary as a condition precedent to the legal effect of this Second
Amendment.
To the extent the provisions of this Second Amendment are inconsistent with the
Agreement, or the First Amendment,the terms of this Second Amendment shall control.All terms
used but not defined herein shall have the meanings ascribed to such terms in the Agreement. This
Agreement may not be changed or modified nor may any of its provisions be waived orally or in
any manner other than by a writing signed by the party against whom enforcement of the change,
modification or waiver is sought.
This Second Amendment shall become binding and effective only upon the execution and
delivery of this Second Amendment by both City and Vendor. From and after the effective date
hereof,the terms, covenants, and conditions herein are binding upon and inure to the benefit of the
parties hereto and their heirs, executors, administrators, successors, and assigns.
IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment in
multiples to be effective as of October 15, 2020.
[SIGNATURE PAGE FOLLOWS]
Professional Services Agreement—Second Amendment P a g e 12
ACCEPTED AND AGREED:
CITY OF FORT WORTH:
CONTRACT COMPLIANCE MANAGER:
By signing I acknowledge that I am the person
V" O. responsible for the monitoring and administration
By: Valerie Washington(Nov 25,202016:47 CST) of this contract,including ensuring all
Name: Valerie Washington performance and reporting requirements.
Title: Assistant City Manager
Date: 11/25/2020
By. La Avonne a pier(Nov 25,202015:52 CST)
Name: Laken A.Rapier
ATTEST: Title: Directorof Communications
APPROVED AS TO FORM AND LEGALITY:
far Ronald P. Gonzales
By. for Ronald P.Gonzales(Nov 25,202016:54 CST)
Name: Mary J.Kayser
Title: City Secretary 4444nn By: .�—
r l"*oar Name: Taylor Paris
1 I° �o Title: Assistant City Attorney
(�vo �=d
o °° CONTRACT AUTHORIZATION:
* °°°°°°°° 1
b M&C: NONE; Ord.No.24089-03-2020
VENDOR
Cookse Communications,Inc.
By: n R Meyer(Nov 25,202015:3 T)
Name: Jason Nreyer
Title: Executive Vice President
Date: 11/25/2020
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Professional Services Agreement—Second Amendment P a g e 13