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HomeMy WebLinkAboutContract 58048-A1R1CSC No. 58048-AlR1 AMENDMENT NO. 1/RENEWAL NO. 1 TO FORT WORTH CITY SECRETARY CONTRACT NO. 58048 This Amendment and Renewal is made between the City of Fort Worth ("Fort Worth") and Franklin Covey Client Sales, Inc.. ("Vendor"). WHEREAS, Fort Worth and Vendor previously entered into an Agreement identified as Fort Worth City Secretary Contract No. 58048 (the "Agreement"); and WHEREAS, it is the collective desire of both Fort Worth and Vendor to amend the Agreement in order to increase the number of All Access Passes that Vendor will provide to City; and WHEREAS, it is also the collective desire of both City and Vendor to renew the Agreement for its First Renewal Term, as allowed under the Agreement. NOW THEREFORE, Fort Worth and Vendor agree to the following: I. AMENDMENTS 1. Section 3.1, Compensation, to the Agreement is hereby amended and replaced in its entirety with the following: 3.1 Total compensation under this Agreement, which includes both All Access Passes and supplemental training kits provided on an as -needed basis, will not exceed Forty -Five Thousand Dollars ($45,000.00). 2. The Agreement is hereby amended by adding the attached document, which reflects pricing from August 31, 2023 to August 30, 2024, to Exhibit A- "Scope of Services & Price Schedule." II. RENEWAL The Parties agree to renew the term of the Agreement for an additional one year -term beginning August 31, 2023 and expiring August 30, 2024 ("First Renewal Term") unless earlier terminated in accordance with the terms of the Agreement. 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] Amendment 1/Renewal 1 to Fort Worth City Secretary Contract No. 58048 Page 1 of 2 Executed effective as of the date signed by the Assistant City Manager below. FORT WORTH: City of Fort Worth By: op� Name: Jesica McEachern Title: Assistant City Manager Date: Approval Recommended: 'Dianlra M. 6iol4wio By: Dianna M. Giordano (Aug 25, 202313:08 CDT) Name: Dianna Giordano Title: Director of Human Resources Attest: By: Name: Jannette Goodall Title: City Secretary VENDOR: Franklin Covey Client Sales, Inc. {Cir""4f M&'YryL By: Kimberly Neville fAue 22.202312.46 MDT) Name: Kimberly Neville Title: Legal Director 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. By: K� Name: Title: Approved as to Form and Legality: By: uJ Name: Jessika J. Williams Title: Assistant City Attorney Contract Authorization: M&C: Amendment 1/Renewal 1 to Fort Worth City Secretary Contract No. 58048 Page 2 of 2 Af 1% FranklinCovey AMENDMENT TO THE ALL ACCESS PASS° LICENSE AGREEMENT This Amendment (the "Amendment") is made and entered into between FranklinCovey Client Sales, Inc. and the following organization ("Client"), and amends that certain All Access Pass License Agreement (the "Agreement") previously entered into between the parties dated 08/31/2022. Client Organization: Contact Person: Address: Telephone: Email: City of Fort Worth, TX Shannon Luce 900 Monroe St Fort Worth, Texas 76102 505-350-0445 shannon.luce@fortworthtexas.gov License Information.* Client wishes to add the following to the Agreement per the table below: AAP Expansion Promotion 08/31/2023 08/30/2024 200 $75.00 $15,000.00 * Pricing for License Fees is fixed during the license term and is subject to an increase annually thereafter. Pricing for Services and Products is subject to an increase upon sixty (60) days' notice. Pricing does not include applicable sales, use, and/or GST taxes, shipping & handling fees, or travel expenses, which are the responsibility of the Client. Note: Client must sign and return this Amendment no later than August 31, 2023 in order to receive the pricing listed above. Modification of Agreement. FranklinCovey and Client approve, affirm and ratify the Agreement and the on -going rights and obligations provided by the Agreement. This Amendment is in addition to and does not replace the Agreement. All provisions of the Agreement not in conflict with this Amendment shall remain in full force and effect. In the event of a conflict between a term or provision in this Amendment and the Agreement, the term or provision of this Amendment shall prevail. No Waiver of Rights. Nothing herein shall constitute a waiver or release of any rights that FranklinCovey may have under the Agreement, including but not limited to the right to terminate the Agreement for breach of any provision in the Agreement. IN WITNESS WHEREOF, the parties have signed and entered into this Amendment as of the Effective Date below. FranklinCovey Client Sales, Inc. Signature: By: Gina Chirca Title: Client Engagement Coordinator City of Fort Worth, TX Signature: By: Title: Email: Effective Date: FY23 Q4 Renewal and Promotion 7-2023