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HomeMy WebLinkAboutContract 55998-A3R2CSC No. 55998-A3R2 AMENDMENT 3 & RENEWAL NO. 2 TO CITY OF FORT WORTH CONTRACT 55998 This Amendment and Renewal is entered into by and between the City of Fort Worth (hereafter "City"), a home rule municipality, with its principal place of business at 200 Texas Street, Fort Worth, Texas, and ALPHA BUSINESS IMAGES, LLC ("Vendor"), City and Vendor may be referred to individually as a Party and collectively as the Parties. RECITALS WHEREAS, on June 1, 2021, the Parties entered into City Secretary Contract 55998 to provide advertising services for Emergency Rental Assistance (ERA) and Community Action Partners (CAP) programs ("Agreement/Contract"); WHEREAS, the initial term of the Agreement expired on December 31, 2021 with one option to renew for an additional one-year term; WHEREAS, the Parties previously renewed the agreement for an additional one-year term effective as of January 1, 2022; WHEREAS, the Parties mutually desire to amend the Agreement to add two additional renewal options; and WHEREAS, prior to the end of the first renewal term of the Agreement, the Parties agreed to continue this Agreement for a second one-year renewal term, under the same terms and conditions, which the parties would now like to memorialize through this Renewal that will be for a period beginning on January 1, 2023 and ending on December 31, 2023. NOW THEREFORE City and Agency do hereby agree to the following: I. AMENDMENT TO AGREEMENT Section 2, Term, is hereby amended to read as follows: 2. Term. This Agreement begins on June 1, 2021 ("Effective Date") and expires on December 31, 2021 ("Expiration Date"), unless terminated earlier in accordance with this Agreement ("Initial Term"). City will have the option, in its sole discretion, to renew this Agreement under the same terms and conditions, for up to 3 (three) one-year renewal option(s) (each a "Renewal Term"). 2. RENEWAL The term of this Agreement is hereby renewed for an additional one-year period effective January 1, 2023 to December 31, 2023. OFFICIAL RECORD [SIGNATURE PAGE FOLLOWS] CITY SECRETARY FT. WORTH, TX Page 1 of 2 Amendment No. 3 and Renewal No.2 — CSC 55998 IN WITNESS WHEREOF, the parties hereto have executed this agreement, to be effective this day of , 20 FOR CITY OF FORT WORTH: Fernando Costa Assistant City Manager Date: APPROVAL RECOMMENDED Victor Turner, Neighborhood Services Director Date: APPROVED AS TO FORM AND LEGALITY Jessika Williams, Assistant City Attorney Date: 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 reporting requirements. Sonia Singleton, Assistant Director FOR AGENCY: Alpha Business Images, LLC Sophia R. Johnson Chief Executive Officer Date: ATTEST: Jannette S. Goodall, City Secretary Date: M&C No.: Page 2 of 2 Amendment No. 3 and Renewal No.2 — CSC 55998 IN WITNESS HEI OF, the parties hereto have executed this agreement, to be effective this day of , 20 FOR CITY OF FORT WORTH: 'F"-J a.— Fernando Costa Assistant City Manager Date: May 14, 2023 APPROVAL RECOMMENDED Victor Turner, Neighborhood Services Director Date: May 13, 2023 APPROVED AS TO FORM AND LEGALITY Jessika Williams, Assistant City Attorney Date: May 15, 2023 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 reporting requirements. M-1 Sonia Singleton, Assistant Director Amendment No. 3 and Renewal No.2 -- ('S(' 55998 FOR AGENCY: Alpha Business Images, LLC Sop is h. Joh so Ch ecuti fficer Date: 2(n 3 oaavOU �pOF '0000% � ATTEST: o�°s ssa %J OQa� nEXA5oa" Jannette S. Goodall, City Secretary Date: May 15, 2023 M&C No.: Page 3 o l'3 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX FORT WORTH CITY OF FORT WORTH CHAPTER 252 EXEMPTION FORM Instructions: Fill out the entire form with detailed information. Once you have completed this form, provide it to the Purchasing attorney for review. The attorney will review the information you have provided to determine whether an exemption to Chapter 252's biding requirements is defensible. If you are printing this form to provide to Legal, please do not provide the Primer portion. Failure to provide sufficient information may result in follow up questions and cause a delay in the attorney's determination. Requesting Department: Name of Contract Manager: Department's Attorney: Item or Service sought: Goods: Service: Anticipated Amount: Section 1: General Information [Neighborhood Services Department 1 Terrance Jonesl Jessika Williams M $49,000.00 Vendor: [Alpha Business] Current/Prior Agreement for item/service: Yes ® No ❑ CSC or Purchase Order #: 55998 Amount: $49,000.00 Projected M&C Date: [NA] How will this item or service be used? [Vendor will be used to market grant programs such as CSBG, LIWAP, CDBG, ESG, HOPWA, and LEAD safe programs 1 Has your department started a requisition or otherwise contacted the Purchasing Division related to obtaining this good/service? Yes ❑ No If yes, please provide requisition number or brief explanation of contact with Purchasing Division: Page I of 6 Section 2: Claimed Exemption and Justification (Other than sole source) NOTE - For a claimed sole -source exemption, complete Section 3. Please indicate the non -sole -source exemption you believe applies to the purchase and provide information to support its applicability. Please refer to the Exemption Primer for detailed information about common exemptions: L] A procurement necessary to preserve or protect the public health or safety of the City of Fort Worth's residents; L] A procurement necessary because of unforeseen damage to public machinery, equipment, or other property; II A procurement for personal, professional, or planning services; II A procurement for work that is performed and paid for by the day as the work progresses; n A purchase of land or a right-of-way; Q Paving drainage, street widening, and other public improvements, or related matters, if at least one-third of the cost is to be paid by or through special assessments levied on property that will benefit from the improvements; n A public improvement project, already in progress, authorized by the voters of the municipality, for which there is a deficiency of funds for completing the project in accordance with the plans and purposes authorized by the voters; n A payment under a contract by which a developer participates in the construction of a public improvement as provided by Subchapter C, Chapter 212; n Personal property sold: • at an auction by a state licensed auctioneer; • at a going out of business sale held in compliance with Subchapter F, Chapter 17, Business & Commerce Code; • by a political subdivision of this state, a state agency of this state, or an entity of the federal government; or • under an interlocal contract for cooperative purchasing administered by a regional planning commission established under Chapter 391; R Services performed by blind or severely disabled persons; n Goods purchased by a municipality for subsequent retail sale by the municipality; R Electricity; or Page 2 of 6 M Advertising, other than legal notices. Please provide details and facts to explain why you believe the exemption applies to the purchase. You may also attach documentation to this form.We are currently utilizing this marketing vendor for the following programs: CSBG, ARPA funded programs, CAP, LIWAP, ERAP, HOPWA, LEAD, CDBG, and ESG. Changing to a different vendor would result in staff being delayed in marketing key programs that benefit the citizens of Fort Worth. Marketing has allowed NSD to better awarness to the public about vital assistance programs. Halting marketing of our progrmas would put citizens of our community at risk of being homeless due to the high rate of evictions as this would slow down our marketing efforts to the public. Evictions and/or disconnection of utility services, would result in citizens being in unsafe environments by being homeless or on the street as landlords are not giving tenants any additional time to find other rentaland utility assistance options. We would also have to train a new vendor on themarketing expectation which would cause us to pause all marketing efforts. Section 3: Claimed Sole -Source Exemption and Justification NOTE - For any non -sole -source exemption, complete Section 2. Please indicate the sole -source exemption you believe applies to the purchase and provide information to support its applicability. Please refer to the Exemption Primer for detailed information about common exemptions II *A procurement of items that are available from only one source, including: • items that are available from only one source because of patents, copyrights, secret processes, or natural monopolies; • films, manuscripts, or books; • gas, water, and other utility services; • captive replacement parts or components for equipment; • books, papers, and other library materials for a public library that are available only from the persons holding exclusive distribution rights to the materials; and • management services provided by a nonprofit organization to a municipal museum, park, zoo, or other facility to which the organization has provided significant financial or other benefits; How did you determine that the item or service is only available from one source? Page 3 of 6 Attach screenshots and provide an explanation of any independent research you conducted, through internet searches, searching cooperatives, or discussions with others knowledgeable on the subject matter that corroborate that the item is available only from a single source. Did you attach a sole source justification letter? ❑ Yes ❑ No Describe the uniqueness of the item or service (e.g. compatibility or patent issues, etc.). Section 4: Attornev Determination With the facts provided by the department, is the use of the claimed exemption defensible if the City were to be challenged on this purchase? � Yes ❑ No. Was there anything attached to this form that was relied on in making this determination? Yes M No. If yes, please explain: Was there anything not included on this form or attached hereto that was relied on in making this determination? ❑ Yes M No. If yes, please explain: Will the standard terms and conditions apply? Will the contract require special terms? Will the contract require review by the department attorney? Approved By: Taylor Paris / Jessika Williams Assistant City Attorney M Yes ❑ No. ❑ Yes M No. ❑ Yes ❑ No. Date: 2/15/23 Page 4 of 6