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HomeMy WebLinkAboutContract 48528-A2 DocuSign Envelope ID: E2C4597F-B30E-4D2F-9BC7-634EAODD2E1C CSC No. 48528-A2 AMENDMENT#2 TO THE AGREEMENT This Amendment No.2(this"Amendment 2")is made effective as of the date signed by City of Fort Worth's authorized signatory (the "Amendment 2 Effective Date") by and between the City of Fort Worth ("Client") and Active Network, LLC("Active")and amends that certain Products and Services Agreement Contract#01350218, dated as of December 30, 2016, as previously amended by Amendment 1 dated January 31, 2017 (collectively, the "Agreement") entered into by the Parties. Client and Active are also individually referenced herein as a"Party"and collectively as the"Parties." Capitalized terms used but not defined herein shall have the meanings ascribed to such terms in the Agreement. NOW THEREFORE in consideration of the mutual covenants, recitals and promises contained in this Amendment and forothergood and valuable consideration,the receipt and sufficiency of which is hereby acknowledged by each Party, the Parties hereto hereby agree as follows: 1. Changes to the Agreement. A. Section 16 of the Agreement is deleted in its entirety and replaced with the following: "Unless otherwise provided in the applicable Schedule,Active shall provide to Client, and Client shall license from Active, the Hosted Software commencing on the Effective Date of this Agreement, and remaining in full force until April 30, 2023." 2. Full Force and Effect. Except as expressly modified herein, the Agreement remains in full force and effect. All references in the Agreement to"this Agreement,""hereto,""hereof,""hereunder"or words of like import referring to the Agreement shall mean the Agreement as amended by this Amendment 2. In the event any of the terms and conditions of the Agreement conflict with the terms and conditions of this Amendment, the terms and conditions of this Amendment 2 shall prevail only as to the subject matter expressly stated herein. 3. Counterparts. This Amendment 2 may be executed in several counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same document, binding against each of the Parties. To the maximum extent permitted by law or by any applicable governmental authority, this Amendment 2 may be transmitted by facsimile, electronic mail (including pdf) or other transmission method with the same validity as if it were an ink-signed document and any counterpart so delivered shall be deemed to have been duly and validly delivered and be valid and effective for all purposes. IN WITNESS WHEREOF,the Parties hereto have executed this Amendment 2 as of the Amendment 2 Effective Date. Active Network, LLC City of Fort Worth by its authorized signatory by its authorized signatory DocuSigned by: SLUMr By. �F98 By. Vale rie,Wash i ngto n(Oct 10,202211:26 CDT) Randy Skemp Name: Name: Valerie Washington Title: Vice President, Sales Title: Assistant City Manager Date: 10/3/2022 1 9:38 AM CDT Date: OU 10, 2022 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 of this contract, including ensuring all performance and By: reporting requirements. Name: Kevin Gunn Title: Director, IT Solutions OFFICIAL RECORD 1 Revised 02/11/2016 CITY SECRETARY FT.WORTH,TX DocuSign Envelope ID: E2C4597F-B30E-4D2F-9BC7-634EAODD2E1C By. Steven Vandever(Oct 3,202215:31CDT) Approved as to Form and Legality: Name: Steven Vandever Title: Sr. IT Solutions Manager By: City Secretary: Name: Taylor Paris Title: Assistant City Attorney T�hhefte S. Gaa�J�ll By: Jannette S.Goodall(Oct 10,202214:17 CDT) Contract Authorization: Name: Jannette Goodall M&C: N/A Title: City Secretary ann Approved: N/A o� FOR?.1 IOk-�O' 0000oo0 oo0oo$ ap4:�T� �ddd 0v0O *00o 0 000000 nEXASoAp OFFICIAL RECORD CITY SECRETARY Revised 10/3/2022 -2- FT. WORTH, TX