HomeMy WebLinkAboutContract 55116-A3DocuSign Envelope ID: 778FBE7D-B2B8-4D22-B6F3-6294A10A2CDC
City Secretary Contract Number 55116-A3
THIRD AMENDMENT OF CITY SECRETARY CONTRACT NUMBER 55116
A COOPERATIVE PURCHASE AGREEMENT BETWEEN
THE CITY OF FORT WORTH AND
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This THIRD AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 55116
("Third Amendment") is made and entered into by and between the City of Fort Worth ("City"), a home -
rule municipal corporation of the State of Texas, and West Publishing Corporation ("Vendor"), a
Minnesota corporation.
WHEREAS, the City and Vendor previously entered into a Cooperative Purchase Agreement, for
Vendor to provide City with use of the Clear Proflex software, City Secretary Contract Number 55116, as
amended and renewed by City Secretary Contract Numbers 55116-Al and 55116-A2R1 (collectively the
"Agreement"); and
WHEREAS, the City entered into the Agreement with Vendor pursuant to a contract between
Vendor and the Texas Department of Information Resources, DIR-LGL-CALIR,02 ("Cooperative Agency
Contract"); and
WHEREAS, the Term of the initial Agreement was for a period of twenty-four months beginning
on January 18, 2021 and ending on January 17, 2023; and
WHEREAS, the initial Agreement provided that total payment for the first year shall be in the
amount of Thirty -Three Thousand, Five Hundred Forty -Seven Dollars and Eighty cents ($33,547.80); and
WHEREAS, City and Vendor executed the First Amendment to the Agreement, City Secretary
Contract Number 55116-Al ("First Amendment"), which provided that total payment under the Agreement
for the entire term is Thirty -Five Thousand, Two Hundred Twenty -Five Dollars and Sixteen Cents
($35,225.16); and
WHEREAS, City and Vendor executed the Second Amendment and First Renewal to the
Agreement, City Secretary Contract Number 55116-A2R1 ("Second Amendment and First Renewal")
extend the agreement, align the term of the Agreement with the extended term of the Cooperative Agency
Contract, and clarify the amounts due under the Agreement during the Initial Term and the First Renewal
Term; and
WHEREAS, City and Vendor have discovered inconsistencies in the Agreement, the First
Amendment, the Second Amendment and First Renewal; and
WHEREAS, City and Vendor desire to amend the Agreement to correct the inconsistencies and
clarify the City's obligations to Vendor pursuant to the Agreement; and
WHEREAS, City and Vendor acknowledge and agree the City has paid Vendor in full for the
Initial Term;
THIRD AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 55116
A COOPERATIVE PURCHASE AGREEMENT
BETWEEN THE CITY OF FORT WORTH AND WEST PUBLISHING CORPORATION
Page 1 of 4
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
DocuSign Envelope ID: 778FBE7D-B2B8-4D22-B6F3-6294A10A2CDC
NOW THEREFORE, in consideration of the mutual promises and covenants contained herein,
and other good and valuable consideration, the receipt and sufficiency of which are acknowledged, the City
and Vendor, acting herein by and through their duly authorized representatives agree to amend the
Agreement as follows:
I.
The fourth and fifth paragraphs of the Agreement which read:
"City shall pay Vendor in accordance with the fee schedule in Exhibit A and in accordance
with the provisions of this Agreement. Total payment made for the Initial Term shall be in
the amount of Thirty -Six Thousand, Nine Hundred Eighty -Six Dollars and Twenty -
Eight Cents ($36,986.28). Total payment under this Agreement for the First Renewal
Term shall be in the amount of Sixty -Three Thousand, One Hundred Twenty -Three
Dollars and Twenty -Four Cents ($63,123.24). Vendor shall not provide any additional
items or services or bill for expenses incurred for City not specified by this Agreement
unless City requests and approves in writing the additional costs for such services. City
shall not be liable for any additional expenses of Vendor not specified by this Agreement
unless City first approves such expenses in writing.
In the event no funds or insufficient funds are appropriated by the City in any fiscal period
for any payments due hereunder, the City will notify Vendor of such occurrence and this
Agreement shall terminate on the last day of the fiscal period for which appropriations were
received without penalty or expense to the City of any kind whatsoever, except as to the
portions of the payments herein agreed upon for which funds have been appropriated."
are hereby amended in their entirety to be and read as follows:
City shall pay Vendor in accordance with the fee schedule in Exhibit A and in accordance
with the provisions of this Agreement. Total payment made for the first year of the two-
year Initial Term shall be in an amount not to exceed Thirty -Six Thousand, Nine
Hundred Eighty -Six Dollars and Twenty -Eight Cents ($36,986.28). Total payment
under this Agreement for the second year of the two-year Initial Term shall be in the
amount not to exceed Thirty -Five Thousand, Two Hundred Twenty -Five Dollars and
Sixteen Cents ($35,225.16). Total Payment made for the First Renewal Term shall be in
an amount not to exceed Sixty -Three Thousand, One Hundred Twenty -Three Dollars
and Twenty -Four Cents ($63,123.24). Vendor shall not provide any additional items or
services or bill for expenses incurred for City not specified by this Agreement unless City
requests and approves in writing the additional costs for such services. City shall not be
liable for any additional expenses of Vendor not specified by this Agreement unless City
first approves such expenses in writing.
In the event no funds or insufficient funds are appropriated by the City in any fiscal period
for any payments due hereunder, the City will notify Vendor of such occurrence and this
Agreement shall terminate on the last day of the fiscal period for which appropriations were
received without penalty or expense to the City of any kind whatsoever, except as to the
portions of the payments herein agreed upon for which funds have been appropriated.
THIRD AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 55116 Page 2 of 4
A COOPERATIVE PURCHASE AGREEMENT
BETWEEN THE CITY OF FORT WORTH AND WEST PUBLISHING CORPORATION
DocuSign Envelope ID: 778FBE7D-B2B8-4D22-B6F3-6294A10A2CDC
II.
1. All other provisions of the Agreement which are not expressly amended herein shall remain
in full force and effect.
2. All terms in this Third Amendment that are capitalized but not defined shall have the
meanings ascribed to those terms in the Agreement.
[Signature Page Follows]
THIRD AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 55116 Page 3 of 4
A COOPERATIVE PURCHASE AGREEMENT
BETWEEN THE CITY OF FORT WORTH AND WEST PUBLISHING CORPORATION
DocuSign Envelope ID: 778FBE7D-B2B8-4D22-B6F3-6294A10A2CDC
IN WITNESS THEREOF, the parties have executed this Third Amendment to be effective upon
execution by the City's Assistant City Manager.
FORT WORTH:
City of Fort Worth
By: Valerie Washington (J19, 02412:08 CST)
Name: Valerie Washington
Title: Assistant City Manager
Date:
Approval Recommended:
By:
Name: David B Carson
Title: Sr Administrative Services Manager
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Attest:
V loan nEnoSQp
By:
Name: Jannette S. Goodall
Title: City Secretary
VENDOR:
West Publishing Corporation
DocuSigned by:
By: [I
Name: Rona d 6�c cco
Title: SCM consultant
Date: 1/19/2024
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: Blakely Cabano (Jan 19, 202411:39 CST)
Name: Blakely Cabano
Title: Sr. Management Analyst
Approved as to Form and Legality:
By: - f + 1, -XIW4L
Name: Kevin Anders
Title: Assistant City Attorney
Contract Authorization:
M&C: N/A
Form 1295: N/A
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
THIRD AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 55116 Page 4 of 4
A COOPERATIVE PURCHASE AGREEMENT
BETWEEN THE CITY OF FORT WORTH AND WEST PUBLISHING CORPORATION