HomeMy WebLinkAboutContract 56113-A1R1 CSC No. 56113-A1 R1
FIRST AMENDMENT AND FIRST RENEWAL TO
CITY SECRETARY CONTRACT NO. 56113
BETWEEN CITY OF FORT WORTH
AND 2012 USP HOLDINGS,INC.
This First Amendment and First Renewal to Fort Worth City Secretary Contract ("CSC")
No. 56113 ("Amendment") is made between the City of Fort Worth ("City"), a municipal
corporation, and 2012 USP Holdings, Inc., a for-profit organization ("Vendor"). City and Vendor
shall be referred to individually as a party and collectively as the parties.
RECITALS
WHEREAS, City and University Sports Publications Co, Inc. ("Previous Vendor")
entered into CSC No. 56113 beginning on or about July 30, 2021 (the "Agreement") for Previous
Vendor to provide advertisement services to the City; and
WHEREAS, On October 5, 2021, the City consented to an assignment of the Agreement
from Previous Vendor to Vendor, a related entity, to provide the services specified under the
Agreement("Assignment");
WHEREAS, the Agreement had an initial term of one year which is set to expire on
September 30, 2022 and also had up to four, one-year renewal options that could be executed at
the City's sole discretion;
WHEREAS, both parties would now like to renew the Agreement for the first, one-year,
renewal term permitted under the Agreement through this Amendment;
WHEREAS, in addition to the renewal, the parties have identified language within the
Scope of Services and Compensation section of the Agreement that could be perceived to
misrepresent the initial understanding and intent of the parties when the Agreement was executed,
that initial intent being that each advertisement created and published for the City by Vendor
during the entirety of a sports team's season would cost a set amount of$8,500.00;
WHEREAS, the parties, therefore, would like to amend the Scope of Services and
Compensation section to ensure the services to be provided for the listed fees under the Agreement
are more clear and concise and accurately reflect the original intent of the parties when entering
into the Agreement;
WHEREAS, additionally,the City would like to increase the compensation amount under
the Agreement to allow the City to utilize the Vendor for additional advertising services as
presented with the Scope of Services of the Agreement if the City deems it appropriate; and
WHEREAS, therefore, through this Amendment, it is the parties intent to (i) renew the
Agreement for the first, one-year, renewal term; (ii) amend the Compensation section under the
Agreement to accurately reflect the costs of services, increase the spending authority under the
OFFICIAL RECORD
CITY SECRETARY
First Amendment to Fort Worth City Secretary Contract No. 56113 FT. WORTH, TX page 1 of 4
Agreement, and provide for a not to exceed amount of$34,000.00.; and (iii) amend the Scope of
Services to ensure it accurately reflects the original intent under the Agreement.
NOW THEREFORE, known by all these present, City and Vendor, acting herein by the
through their duly authorized representatives, agree to the following terms, which amend the
Agreement as follows:
1.
The City and Vendor hereby agree to renew and extend the Agreement for the first renewal
term as permitted under the Agreement, beginning on October 1, 2022 and ending on September
30, 2023.
2.
The Agreement is hereby amended by deleting Section 3, "Compensation." of the
Agreement in its entirety and replacing it with the following:
3. Compensation. City shall pay Vendor a set amount of Eight Thousand
and Five Hundred and 00/100 Dollars($8,500.00)per Advertisement in accordance with
Exhibit "A," — Scope of Services of this Agreement. Total payment made under this
Agreement for the initial term or any renewal term thereafter, by City, shall be in the
amount not to exceed Thirty Four Thousand and 00/100 Dollars($34,000.00)per term.
Vendor will 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 will not be liable for any additional expenses of Vendor not
specified by this Agreement unless City first approves such expenses in writing. Invoices
shall be submitted to City by Vendor after a request by the City for services has occurred
as specified within Exhibit A of this Agreement. All invoices shall be due thirty(30)days
from receipt of invoice by Vendor.
3.
The Agreement is hereby amended by deleting"Exhibit A—Scope of Services"within the
Agreement in its entirety and replacing it with the Exhibit"A" of this Amendment.
4.
Except as expressly modified in this Amendment, all other terms and conditions of the
Agreement shall remain in full force and effect.
[SIGNATURE PAGE FOLLOWS]
First Amendment to Fort Worth City Secretary Contract No. 56113 Page 2 of 4
Executed effective as of the date signed by the Assistant City Manager below.
CITY:
City of Fort Worth Contract Compliance Manager:
By signing I acknowledge that I am the person
responsible for the monitoring and administration
z7a,v'e'- of this contract,including ensuring all performance
By: Dana Burghd off(Ju118,20 8:51CDT) and reporting requirements.
Name: Dana Burghdoff
Title: Assistant City Manager
By:
Approval Recommended: Name: Erin Roden
Title: Administrative Assistant
Approved as to Form and Legality:
By: 4,ad44�n��
Name: Roger Venables o!oFURr�aa
Title: Aviation Director AY A, °O*0
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�X By.
Attest: 0 ,�o o*ad Name: Thomas Royce Hansen
��� �0O000000 o a� Title: Assistant City Attorney
a�nex 4s.�a
��S CiUtX� Contract Authorization:
By: Jannette S.Goodall(Ju 19,2022 21:35 CDT) M&C: N/A
Name: Jannette Goodall 1295:
Title: City Secretary
VENDOR:
2012 USP Holdings, Inc.
By:
Name. ristopher Gano
Title: Contract Administrator
Date: July 15 12022
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
First Amendment to Fort Worth City Secretary Contract No. 56113 Page 3 of 4
EXHIBIT A
SCOPE OF SERVICES
2012 USP Holdings, Inc. (Vendor) will provide advertising services to the City of Fort Worth (City) as
follows:
- As requested by City, Vendor will develop,prepare,present to City for review and approval, and
publish,a full-page advertisement to promote Fort Worth Meacham International Airport in a City
selected,North Texas,or other sports team's Yearbook for the entirety of the selected sports team's
season("Advertisement").
- Vendor will present the Advertisement to City for approval within thirty(30)days from the date of
the request by the City for the Advertisement.
- In the event the City requests edits to the proposed Advertisement,Vendor will present a new draft
of the Advertisement to the City within ten (10) days from the date in which the City requests
changes.
- Upon City approval, Vendor will publish the Advertisement within one of the North Texas
professional sports team yearbooks as selected by City which are published by the Vendor and sold
at the respective sport team venues(Yearbook(s)).
- Throughout the term of the Agreement,Vendor will change the Advertisement,if requested to do
so by City, in order to update information or to change the Advertisement's design and format as
the City desires.
- Vendor will ensure that the Advertisement will consist of a full,four color page and will be included
in the Yearbook for the entirety of the City selected sport team's full season.
- Vendor will ensure that the Advertisement is a"Full Page"in each of the Yearbooks which will be
considered a 8.735 x 10.875 page.
- Vendor will include the Advertisement in the published Yearbook for the sports team selected by
City for the entirety of the selected team's season,which could include one of the following teams,
as well as others that may not be specifically identified here:
o Texas Rangers
o Dallas Cowboys
o Dallas Mavericks
o Dallas Stars
o Texas Christian University Horn Frogs Football,Basketball,Baseball
For each Advertisement requested by City, City will pay a set fee of$8,500.00 to Vendor. Such fee will
include all services reflected above for each separate Advertisement requested by City.All fees will be due
30 days from receipt of invoice by Vendor.
First Amendment to Fort Worth City Secretary Contract No. 56113 Page 4 of 4
EXHIBIT A
VERIFICATION OF SIGNATURE AUTHORITY
2012 USP Holdings,Inc.
303 Merrick Road Suite 200
Lynbrook,NY 11563
Execution of this Signature Verification Form ("Form") hereby certifies that the following
individuals and/or positions have the authority to legally bind Operator and to execute any agreement,
amendment or change order on behalf of Operator. Such binding authority has been granted by proper order,
resolution, ordinance or other authorization of Operator. City is fully entitled to rely on the warranty and
representation set forth in this Form in entering into any agreement or amendment with Operator. Operator
will submit an updated Form within ten (10) business days if there are any changes to the signatory
authority.City is entitled to rely on any current executed Form until it receives a revised Form that has been
properly executed by Operator.
1. Name:
Position:
Signature
2. Name:
Position:
Signature
3. Name:
Position:
Signature
Name: ristopher Gano
Signature of CoiitAref Administrator
Other Title:
Date: 07/15/2022