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HomeMy WebLinkAboutContract 59135-A1DocuSign Envelope ID: COAOOB86-9D90-485A-87B6-42A2C4DO6037 CSC No. 59135-A1 AMENDMENT NO. 1 TO CITY OF FORT WORTH CONTRACT 59135 This First Amendment is entered into by and between the City of Fort Worth (hereafter "Client"), a home rule municipality, with its principal place of business at 200 Texas Street, Fort Worth, Texas, and Active Network, LLC ("Active"), a Delaware limited liability company with its principal place of business at 5850 Granite Pkwy., Suite 1200, Plano, TX 75024. Client and Active may be referred to individually as a Party and collectively as the Parties. WHEREAS, on March 28, 2023 the Parties entered into the Product and Services Agreement Contract #00127820 / City Secretary Contract 59135 for Active to provide Recreation Management Software and Support (the "Agreement"); WHEREAS, the Parties wish to amend the Agreement to include the purchase of additional hardware and services. NOW, THEREFORE, the Parties, acting herein by and through their duly authorized representatives, enter into the following agreement: 1. AMENDMENTS A. The Agreement is hereby amended to incorporate Schedule Quote Numbers 00127124, 00129026, and 00129016, attached hereto, in the total amount of $49,574.00. B. Client will pay Active an annual amount up to $100,000.00 for hardware, support, and professional services. This amount in no way limits the amount of funds that Active may be entitled to collect in fees associated with credit card use under the terms of the Agreement. C. The Recreation and Membership Management Product Attachment is hereby amended to add the following as Section 4.6: "Client hereby authorizes and appoints Active as its limited agent to initiate payment card and ACH credit or debit entries to and from Client's bank account. Payment by Receiver (in the case of ACH entries) or card networks (in the case of Payment Card transactions) to Active is considered the same as payment made directly to Client. Client, upon receipt of funds by Active, must (1) provide the purchased goods or services to the End User, or (2) credit the End User for the full amount of funds received by Active, which credit is not revocable by Client, and evidence this credit in writing in a form capable of being retained for future reference. For transactions involving goods or services, Client must provide the purchased goods and services as agreed to between Client and End User, regardless of whether Active transmits the funds to Client." OFFICIAL RECORD First Amendment to Fort Worth City Secretary Contract No. 59135 CITY SECRETARY Pagel of 3 FT. WORTH, TX DocuSign Envelope ID: COAOOB86-9D90-485A-87B6-42A2C4DO6037 2. ALL OTHER TERMS SHALL REMAIN THE SAME All other provisions of the Agreement which are not expressly amended herein shall remain in full force and effect. 3. ELECTRONIC SIGNATURE This Amendment may be executed in multiple counterparts, each of which shall be an original and all of which shall constitute one and the same instrument. A facsimile copy or computer image, such as a PDF or tiff image, or a signature, shall be treated as and shall have the same effect as anoriginal. [Signature page follows] First Amendment to Fort Worth City Secretary Contract No. 59135 Page 2 of 3 DocuSign Envelope ID: COAOOB86-9D90-485A-87B6-42A2C4DO6037 ACCEPTED AND AGREED: CITY OF FORT WORTH: ���By: Valerie 'gton(Aug2321:37CDT) Name: Valerie Washington Title: Assistant City Manager Date: Aug 28, 2023 APPROVAL RECOMMENDED: By: Name: Kevin Gunn Title: Director, IT Solutions Department ATTEST: >a°=1foRrg4& od By: Name: Jannette Goodall Title: City Secretary ACTIVE: Active Netwgrk�LLC Docu ign by: By: KA ,dt� SLt r � �css014714a dy Skemp Title: vice President, sales Date: 8/18/2023 1 10:22 AM CDT 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: Steven Vandever (Aug 18, 202310:38 CDT) Name: Steven Vandever Title: Sr. IT Solutions Manager APPROVED AS TO FORM AND LEGALITY: By: Name: Taylor Paris Title: Assistant City Attorney CONTRACT AUTHORIZATION: M&C: N/A Approved: 1295: ATTEST: LIN Name: Title: OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX First Amendment to Fort Worth City Secretary Contract No. 59135 Page 3 of 3 DocuSign Envelope ID: COAOOB86-9D90-485A-87B6-42A2C4D06037 ?cTiVE r)etwor - This is a Schedule pursuant to that certain (Agreement) entered into between (Active) and City of Fort Worth (Client) with an effective date as of 12/30/2016. Company Address 5850 Granite Parkway, Suite 1200 Created Date Plano, TX 75024 Quote Number US Currency Prepared By Sharon Kramer Contact Name Opportunity Owner Chad Corsentino Phone Owner Email chad.corsentino@activenetwork.com Email Bill To Name City of Fort Worth Ship To Contact Bill To Contact Daniel Leach - CFW Ship To Address Bill To Address Parks and Community Services 4200 S. Freeway, STE 2200 Fort Worth, TX 76115 United States Product Product . . Type ACTIVENet — VeriFone T650C RM I ACTIVENet — VeriFone T650C RM Hardware 90 Payment Device Payment Device City of Fort Worth internal contract: CSC 59135 Total Price 8/18/2023 00127124 USD Daniel Leach - CFW 817-240-2642 danie1.leach@fortworthtexas.gov Daniel Leach - CFW 4100 Columbus Trail Fort Worth, TX 76115 United States 484.50 43,605 00 484.50 43,605.00 USD 43,605.00 Active reserves the right and may take additional measures to verify Client's account which may consist of reviewing publicly available data and/ confirmation of Client provided information. Such verification measures will be completed in advance of remittance. All fees described herein are in consideration of the Products that Active provides. Active and Client acknowledge that certain credit card network rules and laws prohibit imposing a surcharge that is based on the type of payment method used (e.g., having a different fee for the use of a credit card vs. debit card), and therefore, each agree not to impose such a surcharge on any End User. The payment options we offer may include MasterCard, Visa, American Express and Discover. If your order includes hardware, please note that all hardware orders have a 30-day return policy, and it is recommended that you inspect your purchases upon delivery. *Sales tax and shipping not included in total price. Sales tax and shipping, where applicable, will be added to your invoice. Capitalized terms used in this Schedule and not defined have the meaning set forth in the General Terms or Product Terms, as applicable. Quote Acceptance Information Client Signature: Valerie Washington (Aug 28, 202321:37 CDT) Printed Name: Valerie Washington Active Network, LLC ned by: Signature: FrZ4 SLLAp `-042FAC5901474C9... Name: Randy Skemp Title: Assistant City Manager Title: Vice President, Sales DocuSign Envelope ID: COAOOB86-9D90-485A-87B6-42A2C4D06037 ?cTiVE network- Schedule Date: Aug 28, 2023 Date: 8/18/2023 1 10:22 AM CDT PO# (if applicable): DocuSign Envelope ID: COAOOB86-9D90-485A-87B6-42A2C4D06037 = ?CTiVE net or ,. Schedule This is a Schedule pursuant to that certain (Agreement) entered into between (Active) and City of Fort Worth (Client) with an effective date as of 12/30/2016. Company Address 5850 Granite Parkway, Suite 1200 Created Date 8/18/2023 Plano, TX 75024 Quote Number 00129026 US Currency USD Prepared By Sharon Kramer Contact Name Sheri Endsley Opportunity Owner Chad Corsentino Phone 8173925726 Owner Email chad.corsentinop_activenetwork.com Email sheri.endsley@fortworthtexas.gov Bill To Name City of Fort Worth Ship To Contact Sheri Endsley Bill To Contact Sheri Endsley Ship To Address 4100 Columbus Trail Bill To Address Parks and Community Services 4200 S. Fort Worth, TX 76115 United States Freeway, STE 2200 Fort Worth, TX 76115 United States ACTIVENet - Executive Professional Services Total Price USD 5,000.00 Active reserves the right and may take additional measures to verify Client's account which may consist of reviewing publicly available data and/ confirmation of Client provided information. Such verification measures will be completed in advance of remittance. All fees described herein are in consideration of the Products that Active provides. Active and Client acknowledge that certain credit card network rules and laws prohibit imposing a surcharge that is based on the type of payment method used (e.g., having a different fee for the use of a credit card vs. debit card), and therefore, each agree not to impose such a surcharge on any End User. The payment options we offer may include MasterCard, Visa, American Express and Discover. If your order includes hardware, please note that all hardware orders have a 30-day return policy, and it is recommended that you inspect your purchases upon delivery. `Sales tax and shipping not included in total price. Sales tax and shipping, where applicable, will be added to your invoice. Capitalized terms used in this Schedule and not defined have the meaning set forth in the General Terms or Product Terms, as applicable. Quote Acceptance Information Client Active Network, LLC l/�� ned by: Signature: Valerie Washington (Aug�2321:37CDT) Signature: FrZZsLw �--042FAC5901474C9... Printed Name: Valerie Washington Name: Randy Skemp DocuSign Envelope ID: COAOOB86-9D90-485A-87B6-42A2C4D06037 -ANTiV networr Y Title: Assistant City Manager Date: Aug 28, 2023 PO# (if applicable): Schedule Title: Vice President, Sales Date: 8/18/2023 1 10:22 AM CDT DocuSign Envelope ID: COAOOB86-9D90-485A-87B6-42A2C4D06037 ?cTiVE r)etwor - This is a Schedule pursuant to that certain (Agreement) entered into between (Active) and City of Fort Worth (Client) with an effective date as of 12/30/2016. Company Address 5850 Granite Parkway, Suite 1200 Plano, TX 75024 US Prepared By Sharon Kramer Opportunity Owner Chad Corsentino Owner Email chad.corsentino@activenetwork.com Bill To Name City of Fort Worth Bill To Contact Sheri Endsley Bill To Address Parks and Community Services 4200 S. Freeway, STE 2200 Fort Worth, TX 76115 United States ACTIVENet - Verifone T650C RM Payment Device Created Date 8/18/2023 Quote Number 00129016 Currency USD Contact Name Sheri Endsley Phone 8173925726 Email sheri.endsley@fortworthtexas.gov Ship To Contact Sheri Endsley Ship To Address 4100 Columbus Trail Fort Worth, TX 76115 United States Total Price USD 969.00 Active reserves the right and may take additional measures to verify Client's account which may consist of reviewing publicly available data and/ confirmation of Client provided information. Such verification measures will be completed in advance of remittance. All fees described herein are in consideration of the Products that Active provides. Active and Client acknowledge that certain credit card network rules and laws prohibit imposing a surcharge that is based on the type of payment method used (e.g., having a different fee for the use of a credit card vs. debit card), and therefore, each agree not to impose such a surcharge on any End User. The payment options we offer may include MasterCard, Visa, American Express and Discover. If your order includes hardware, please note that all hardware orders have a 30-day return policy, and it is recommended that you inspect your purchases upon delivery. *Sales tax and shipping not included in total price. Sales tax and shipping, where applicable, will be added to your invoice. Capitalized terms used in this Schedule and not defined have the meaning set forth in the General Terms or Product Terms, as applicable. Quote Acceptance Information Client Signature: I�� �-��- Valerie Washington (Aug28, 202321:37 CDT) Printed Name: Valerie Washington Active Network, LLC ned by: Signature: FrZ4 SLUMP �-042FAc5901474c9... Name: Randy Skemp Title: Assistant City Manager Title: Vice President, Sales DocuSign Envelope ID: COAOOB86-9D90-485A-87B6-42A2C4D06037 ?cTiVE network - Date: Aug 28, 2023 PO# (if applicable): FM,MR Date: 8/18/2023 1 10:22 AM CDT