HomeMy WebLinkAboutContract 55856-A1 CSC No. 55856-Al
FIRST AMENDMENT TO
FORT WORTH CITY SECRETARY CONTRACT NO. 55856
AGREEMENT #2744624 /500-0650038-000
This First Amendment to Fort Worth City Secretary Contract No. 55856, Agreement
#2744624/500-0650038-000 ("First Amendment")is made between the City of Fort Worth("Fort
Worth"), a municipal corporation and U.S. Bank Equipment Finance, a division of U.S. Bank
National Association, as assignee from Ubeo, LLC ("Vendor").
WHEREAS, Fort Worth and Vendor entered into an Agreement identified as Fort Worth
City Secretary Contract No. 55856, Agreement #2744624/500-0650038-000 beginning June 17,
2021 (the"Agreement"); and
WHEREAS, it is the collective desire of both Fort Worth and Vendor to amend the
Agreement to adjust the terms of the agreement.
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 Exhibit G, attached to this First
Amendment, which authorizes removal of balance forward information from Ubeo invoices. This
shall apply to all monthly invoices sent in connection with the Agreement and any of its subsequent
Supplements.
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]
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
First Amendment to Fort Worth City Secretary Contract No. 55856 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
Vd..k- , of this contract,including ensuring all performance
By Valerie.wasbington(Oct 3,202213:18CDT) and reporting requirements.
Name: Valerie Washington
Title: Assistant City Manager
Oct 3 2022
Date: By: Cyn�yree(Sep 28,2022 12:16 CDT)
Name: Cynthia Tyree
Approval Recommended: Title: Sr. IT Solutions Manager
By Approved as to Form and Legality:
Name: Kevin Gunn
Title: Director, IT Solutions /,
By: ��
Attest: Name: Taylor Paris
Title: Assistant City Attorney
s
By:
4affiette S.Goodall(Oct3,202216:0 DT) Contract Authorization:
Name: Jannette Goodall a��nn�� M&C: 21-0235 (original contract)
Title: City Secretary "y0FoFGRr as Approval Date: 4/6/2021
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P~8 �'�� 1295 Form: 2021-703506
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VENDOR:
U.S. Bank Equipment Finance a division of
U.S. Bank National Association, as assignee
from UBEO, LLC.
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By: Rebecca Nelson(Sep 28,202212:12 CDT)
Name: Rebecca Nelson
Title: Client Support Manager/Officer
Date: Sep 28, 2022
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH, TX
First Amendment to Fort Worth City Secretary Contract No. 55856 Page 2 of 2
Exhibit G
bank..
1310 Madrid Street
Marshall, MN 56258
6/17/2022
City of Fort Worth ("Customer")
ATTN: ACCOUNTS PAYABLE
200 Texas St
Fort Worth, TX 76102
Re: Removal of Balance Forward Information from Invoices; Customer Account no. 1330403 ("CCAN")
Dear City of Fort Worth:
U.S. Bank Equipment Finance, a division of U.S. Bank National Association ("U.S. Bank Equipment Finance") ("Creditor")
is in receipt of your request for us to remove from all invoices any balance forward amounts remaining unpaid under any
and all contracts between Customer and Creditor, now or in the future, associated with the above-referenced CCAN
(each, a "Contract").
In order for us to proceed with your request, you agree as follows, as evidenced by your acknowledgement, agreement
and countersignature below:
1) Until Creditor receives a written request from Customer that states otherwise, this letter shall constitute a
continuing request for Creditor to remove from all invoices any balance forward amounts remaining unpaid under
each Contract, now or in the future, associated with the aforementioned CCAN;
2) Except for a Contract's final invoice (which shall include all remaining unpaid amounts owed under a Contract),
only current charges will be shown on the remaining invoice(s);
3) Even though a Contract's invoice(s) may not include any balance forward amounts, past due charges shall
continue to be owed, in accordance with the terms of such Contract;
4) Customer must pay all Contract charges, past due and current;
5) Creditor is not waiving any charges not shown on a Contract's invoice(s); and
6) Notwithstanding anything herein to the contrary, to the extent Creditor deems necessary, Creditor reserves the
right to include any balance forward amounts on a Contract's invoice(s).
If you agree with the above, please sign in the space indicated below and fax or email a copy of this letter to
susan.kalupa1 @onlinecomment.com. Upon our receipt of the duly signed letter, we shall make reasonable efforts to
remove the balance forward amounts (if any) from the remaining invoices under each Contract, now or in the future,
associated with the aforementioned CCAN.A copy of this letter,which is duly signed and which is received by facsimile
transmission ("fa)e') or by Adobe Acrobat (or equivalent) attachment to an e-mail message, shall be deemed to be of the
same force and effect as the original.
Sincerely,
Susan Kalupa
U.S. Bank Equipment Finance
ACKNOWLEDGED AND AGREED:
City of Fort Worth
VA111 —
X,Il riGWashington(Oct 10,202211:46 CDT)
Signature
Assistant City Manager Oct 10, 2022
Title Date
REV 4/22
M&C Review Page l of 2
Official site of the City of Fort Worth,Texas
CITY COUNCIL AGENDA FOR 11
Create New From This MSC
REFERENCE **M&C 21- 13P UBEO MANAGED
DATE: 4/6/2021 NO.: 0235 LOG NAME: PRINT SERVICES ITS
ADK
CODE: P TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: (ALL) Authorize Execution of an Agreement with UBEO, LLC, for Printers and Multi-
Functional Device Leases and Managed Services Using Cooperative Contract DIR-TSO-
4435 in the Combined Amount Not to Exceed $7,500,000.00 over a Five Year Term for
Ongoing Operations and a One-Time Amount of$42,680.00 for the Relocations of
Devices
RECOMMENDATION:
It is recommended that the City Council authorize the execution of an agreement with UBEO, LLC, for
printers and multi-functional device leases and managed services using cooperative contract DIR-
TSO-4435 in the combined amount not to exceed $7,500,000.00 over a five year term and a one-time
amount of$42,680.00 for the relocations of devices.
DISCUSSION:
The City currently leases multi-functional devices and desktop printers from UBEO, LLC under a
Lease Agreement that was awarded in 2008 (M&C P-10860, October 7, 2008). After a thorough
assessment, IT Solutions staff determined the most efficient and cost-effective solution is to execute a
new agreement to allow for continued services.
The City will lease copiers and multi-functional devices for a period of 60 months, with an approximate
effective date of June 15, 2021. As a part of the Print Management Program refresh, the 1,153
devices currently in use will be upgraded to new, state of the art equipment prior to the start of the
next term. City departments will use the machines for various document duplication tasks, including
but not limited to copying, scanning, and faxing. The cost of the lease covers the device, maintenance,
service, and all supplies with the exception of paper. It is anticipated that the annual cost will not
exceed $1,500,000.00 to include the monthly lease charges, printing costs and overages, short term
leases, and additional services as needed.
In addition to ongoing operating services, Ubeo, LLC will provide the City with moving services as
departments are transitioned from existing locations to the new City Hall. Based on the current number
of devices in service and available square footage of the new building, staff project a one-time cost of
$42,680.00 to relocate approximately half of the utilized devices.
DIR-TSO-4435 is currently set to expire on September 25, 2024. In the event that the cooperative
contract is renewed, extended, or a new agreement is executed, the Lease Agreement will continue
for the remainder of the 60-month term. In the event that the cooperative contract is not renewed or
replaced, the Lease Agreement will be terminated.
COOPERATIVE PURCHASE - State law provides that a local government purchasing an item under a
Cooperative Purchasing Agreement satisfies any state law requiring that the local government seek
competitive bids for the purchase of the item. The contract was competitively bid to increase and
simplify the purchasing power of government entities across the State of Texas.
SUCCESSOR CONTRACT- In the event that a cooperative contract is not renewed, staff would
cease purchasing at the end of the last Purchase Agreement coinciding with the valid cooperative
contract. If the City Council were to not appropriate funds for a future year, staff would stop making
http://apps.cfwnet.org/council_packet/mc review.asp'?ID=28785&councildate=4/6/2021 9/27/2022
M&C Review Page 2 of 2
purchases when the last appropriation expires, regardless of whether the then-current Purchase
Agreement has expired. The City initially use these cooperative contracts to make purchases
authorized by this M&C. The cooperative contracts expire on various dates. If a cooperative contract is
extended, this M&C authorizes the City to purchase similar services under the extended contracts. If a
cooperative contract is not extended, but a new cooperative contract is executed with the respective
vendor with substantially similar terms as the previous cooperative contract, this M&C authorizes the
City to purchase the services under the new cooperative contract.
M/WBE OFFICE -An MBE/SBE goal is not assigned when purchasing from an approved purchasing
cooperative or public entity.
ADMINISTRATIVE AMENDMENT-An administrative change order or increase may be made by the
City Manager up to the amount allowed by relevant law and the Fort Worth City Code and does not
require specific City Council approval as long as sufficient funds have been appropriated.
AGREEMENT TERMS - Upon City Council's approval, the agreements will begin upon execution and
expire in accordance with DIR-TSO-4435 or applicable successor contract.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that funds are available in the current operating budget, as
previously appropriated, in the participating departments' Operating Funds to support the approval of
the above recommendation and execution of the agreement. Prior to any expenditure being incurred,
the participating departments have the responsibility to validate the availability of funds.
BQN\\
TO
Fund Department Account Project Program Activity Budget Reference# Amount
ID I ID Year (Chartfield 2)
FROM
Fund Department Account Project Program Activity Budget Reference# Amount
ID ID Year (Chartfield 2)
Submitted for City Manager's Office bv. Jay Chapa (5804)
Valerie Washington (6192)
Originating Department Head: Reginald Zeno (8517)
Kevin Gunn (2015)
Additional Information Contact: Cynthia Garcia (8525)
Ashley Kadva (2047)
ATTACHMENTS
SAMs.pdf (CFW Internal)
Ubeo 1295 Form.0 (CFW Internal)
http://apps.cfwnet.org/council_packet/mc review.asp'?ID=28785&councildate=4/6/2021 9/27/2022