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Home My WebLink AboutContract 56906 CSC No. 56906 FORT WORTH CITY OF FORT WORTH AGREEMENT ADDENDUM This AGREEMENT ADDENDUM("Agreement")is entered into by and between Avid Golfer ("Vendor") and the City of Fort Worth, ("City"), a Texas home rule municipality. The Agreement includes the following documents which shall be construed in the order of precedence in which they are listed: 1. This Agreement; 2. Exhibit A — Vendor's Quote, Scope of Services, and Vendor's Terms and Conditions; 3. Exhibit B—Conflict of Interest Questionnaire. Exhibits A and B, which are attached hereto and incorporated herein, are made a part of this Agreement for all purposes. Vendor agrees to provide City with the services and goods included in Exhibit A pursuant to the terms and conditions of this Cooperative Purchase Agreement, including all exhibits thereto. 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. City shall pay Vendor in accordance with the fee schedule in Exhibit A and in accordance with the provisions of this Agreement. Total payment made under this Agreement for the first year by City shall be in the amount of Twelve Thousand Dollars ($12,000.00). Vendor shall not provide any additional items or 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. Vendor agrees that City shall, until the expiration of three (3) years after final payment under this Agreement, or the final conclusion of any audit commenced during the said three years, have access to and the right to examine at reasonable times any directly pertinent books, documents, papers and records, including, but not limited to, all electronic records, of Vendor involving transactions relating to this Agreement at no additional cost to City. Vendor agrees that City shall have access during normal working hours to all necessary Vendor facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. City shall give Vendor reasonable advance notice of intended audits. In compliance with Article I I § 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 appropriated prior to termination. OFFICIAL RECORD CITY SECRETARY FT.WORTH, TX Notices required pursuant to the provisions of this Agreement shall be conclusively determined to have been delivered when (1) hand-delivered to the other party, its agents, employees, servants or representatives, (2) delivered by facsimile with electronic confirmation of the transmission,or(3)received by the other party by United States Mail,registered,return receipt requested, addressed as follows: To CITY: To VENDOR: City of Fort Worth Avid Golfer Attn: Valerie Washington, Assistant City Steve Anthony, Senior Account Executive Manager 1825 W Walnut Hill, Suite 106 200 Texas Street Irving, TX 75038 Fort Worth, TX 76102-6314 Facsimile: (972) 550-8500 Facsimile: (817) 392-8654 With copy to Fort Worth City Attorney's Office at same address No Boycott of Israel. If Vendor has fewer than 10 employees or the Agreement is for less than $100,000,this section does not apply. Vendor 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 ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this Addendum, Vendor certifies that Vendor's signature provides written verification to City that Vendor: (1) does not boycott Israel; and(2) will not boycott Israel during the term of the Agreement. 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. 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. [SIGNATURE PAGE FOLLOWS] The undersigned represents and warrants that he or she has the power and authority to execute this Agreement and bind the respective Vendor. [Executed effective as of the date signed by the Assistant City Manager below.] / [ACCEPTED AND AGREED:] City: Vendor: By: Valerie Washington(Jan 3,2022 08:53 CST) By: Steve Anthony(Dec 31,2021 08:59` Name: Valerie Washington Name: Steve Anthony Title: Assistant City Manager Title: Senior Account Executive Date: Jan 3, 2022 Date: Dec 31, 2021 CITY OF FORT WORTH INTERNAL ROUTING PROCESS: Approval Recommended: Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and administration f0_1of this contract,including ensuring all By: 404 performance and reporting requirements. Name: Richard Zavala Title: Director,Park&Recreation Department �he By: Approved as to Form and Legality: Name: Dave Lewis Title: Assistant Director oaf FOR �- Oo°°°°°°°°00 dam° °0��10 By: City Secretary: v o Z d Name: Taylor Paris o ° d Title: Assistant City Attorney �a ° a 7G1�'l�'1��c1 GDOG�GIGG a��nLiXA,* 'p BY: Jannette S.Goodall(Jan 3,2022 09:26 CST) Contract Authorization: Name: Jannette S. Goodall M&C: N/A Title: City Secretary OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX j%:X AL Nf I E> G. OL, FMF1 ADVERTISING18Z5 W, Walnut Hill Lane,Suite 106 CONTRACT irving,'fix 75018 972.W,9000 Fort Worth Parks & Recreation rnx 972,550.850D CEO Dave Lewis www.myavidgolfor.com Asst City Golf Director Dave.Lowis@fortworthtexas.gov Contracted Frequency Rate'Card Datc N in e-X for 2022 Q-4 2021 Issue Description Size Rate Three -x Full Page @ $ ,000 per Insert --March -Best of the Private Clubs April -22 Masters Preview August-Luxury Golf issue Editorial Consideration regd; COFW Bond Vote April or May-within AO Course Revelw Six -x Half page @ $1,000 per—JAN, FEB, MAY, ,SUN,JUL, 8EP 2022 Dave Lewis Steve Anthony Asst COFW Golf Director Senior Account Executive 1212012/ Date Plate AAf r4V10 ME0114VEMT17RF.b CONFLICT OF INTEREST QUESTIONNAIRE FORM CIO For vendor doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. OFFICE USE ONLY This questionnaire is being filed in accordance with Chapter 176,Local GovemmentCode, Date Received by avendorwho has abusiness relationship as defined by Section 176.001(1-a)with a local governmental entity and the vendor meets requirements under Section 176.006(a). By law this questionnaire must be filedwith the records administrator ofhe local governmental entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1),Local Government code. A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Gode.An offense under this section is a misdemeanor. t Name of vendarwho has a business relationship with local governmental entity. Avid Media Ventures Check this box Ifyou are Ming an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate_) 3 Name of local government officer about whom the information In this section is being disclosed. Name of Officer This section(item 3 including subparts A, B. C, & D) must be completed for each officer with whom the vendor has ar employment or other business relationship as defined by Section 176.001(1-a), Local Government Code. Attach additionai pages to this Form CIQ as necessary. A. Is the local government officer named in this section receiving or likely to receive taxable income,other than investment income,from the vendor? F] Yes F7 No B. Is the vendor receiving or likely to receive taxable income,other than investment income,from or at the direction of the local government officer named in this section AND the taxable income is not received from the local governmental entity? Yes F-1 No C. Is the filer of this questionnaire employed by a corparatian or other business entity with respect to which the local government officer serves as an officer or director,or holds an ownership interest of one percent or mare? F7 Yes = No D. Describe each employment or business and family relationship with the local government officer named in this section. 4 Steve Anthony(Dec 31,202108:59 Dec 31,2021 Signature of vendor doing business with the governmental entity Date Adapted SM2415