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HomeMy WebLinkAboutContract 57742-A1CSC No. 57742-A1 FIRST AMENDMENT TO FORT WORTH CITY SECRETARY CONTRACT NO. 57742 This First Amendment to Fort Worth City Secretary Contract No. 57742 ("First Amendment") is made between the City of Fort Worth ("Fort Worth"), a municipal corporation and Professional Development Academy, LLC, a Delaware Limited Liability Company ("Vendor"). WHEREAS, Fort Worth and Vendor entered into an Agreement identified as Fort Worth City Secretary Contract No. 57742 beginning June 29, 2022 (the "Agreement"); and WHEREAS, it is the collective desire of both Fort Worth and Vendor to amend the Agreement to include Exhibit "A". NOW THEREFORE, known by all these present, Fort Worth and Vendor, acting herein by the through their duly authorized representatives, agree to the following terms, which amend the Agreement as follows: 1. The Agreement is hereby amended by adding Exhibit A, attached to this First Amendment, as Exhibit "A" of the Agreement. 2. 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] OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX First Amendment to Fort Worth City Secretary Contract No. 57742 Page 1 of 3 Executed effective as of the date signed by the Deputy City Manager below. FORT WORTH: City of Fort Worth By: Mark McDaniel(Apr 10, 202419:15 CDT) Name: Mark McDaniel Title: Deputy City Manager Date: Apr 10, 2024 Approval Recommended: By: S.Trotter (for K.Gunn pr 10, 202,�/14:19 CDT) Name: Kevin Gunn Title: Director, IT Solutions Attest: o vvnpIl FFunr*11 o� p'> °a �o °ago o=a aa4Il nEXaSdG By: Name: Jannette S. Goodall Title: City Secretary VENDOR: Professional Development Academy, LLC By: 4)e��6' ,- wa'e� Name: Nlcnolos L Hautner Title: Controller Date: 4/10/2024 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: MarkDeboer (Apr 10, 202414:12 CDT) Name: Mark DeBoer Title: Asst. Director, IT Solutions Approved as to Form and Legality: By: Name: Taylor C. Paris Title: Assistant City Attorney Contract Authorization: M&C: N/A OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX First Amendment to Fort Worth City Secretary Contract No. 57742 Page 2 of 3 EXHIBIT A Zoho Sign Document ID. 2A9781E5-SCSYTXU7-W4MR17C3NG35V7WWo6WAA_4UJOP4WDSEPC lGovExecl Enrollment Agreement Leadership Academy Powered by PDA Program Program Program # of Retail Discounts/ Total Invoice Name/Services Start End Users' Price/User" User Amount' 7KVPerformance April 2024 December 2024 24 2,995.00 47880 240DO " # of Users: If the number of users is specified, access and the license below are limited to that number c users. Enrollment Contod: " Enrollment Price is net price, which is retail price before any discounts or scholarship. Kevin Darrow ?This is the fee for enrollment minus discounts plus applicable soles tax. AGREEMENT NOTES COMPANY IS: City of Fort Worth TX • Notes for scholorshi /discounts: Volume Discounts Available PAYMENT TERMS: Cost of enrollment will be invoiced within 5 days of signing this Agreement. Payment is due within thirty (30) days upon receipt of invoice or prior to the start of the r ram whichever is earlier. Payment via credit card will be assessed as an additional 3 % processing fee. ACCOUNTING CONTACT INFORMATION Nentes Thle: ►hoer. zz_IT_Finance Purchasing@fortworthtexas.gov Melling Address: Email Address TERMS is CONDITIONS: This letter of Agreement and associated Fees are non canceici and nonrefundable. We reserve the right to postpone sessions if there is any risk to the quality of the Participant experience. In the case of ... .. .. , Participants will be accommodated at later Program Start dates. The of . .. - . ...I number of users ('Participants-) of COMPANY will be enrolled in the selected Program. Participants are expected to begin the Academy at the Ptogram Start date. After enrollment, participants may not reschedule. Substitute participants are permissible before the start of Week 1 of the Program. We ask that the Primary Contact / Signatory below select the substitute participant. During the term of the Agreement, the Professional Development Academy grants individual Participants a personal, nonexcknive, royalty -free, revocable, non -transferable and non-ossignable license to use the Materials. To be sure, Materials means Program -specific materials and resources including publications, websites, webinars, tools and services prepared by the Professional Development Academy, including oil portions, subsets and derivatives thereof and additionally: access to program participant learning management system/web portal; live event webinars; ongoing learning activities pre. and post -learning sessions; and graduation packets. Individual program participants may continue to use Materials following the Program End dote, but access to any online tools may be terminated at the Program End date. COMPANY understands and agrees that the license to the Materials is on a per user basis and such Materials may not be hared, copied or otherwise distributed within the COMPANY. COMPANY further agrees to not sublicense, sell, transfer, assign, ar display the Materials for any third party. Except for the license granted herein, the Professional Development Academy shall retain all ownership, title and interest in any and all intellectual property relating to the Materials and Services. Access for additional participants can be purchased by contacting your enrollment director. [in recognition of the preferred pricing reflected in this Agreement, COMPANY agrees to provide the Professional Development Academy with a reasonable opportunity to capture and document the value created by the Professional Development Academy at COMPANY for potential use in marketing communications or as a general endorsement of the value of the Professional Development Academy to potential customers. All documentation and value capture from COMPANY will be conducted in compliance with COMPANY's policy regarding endorsements and shall be done utilizing mutually agreeable and convenient methods. Any Professional Development Academy marketing communications or general - .... . . comprised of COMPANY information will only be made with COMPANY's prior written consent.) Mk McDaniel, Deputy City Manager Apr 10, 2024 Mark an Mark McDaniel (Apr 10, 202419:15 CDT) IT y y g Sigrraltrre hint Nerve Dar, PROFESSIONAL ()CAD ECADEOMPYENT svI lNlKE LEADERS KTTER pdaleadenhip.com I moderator(a)pdaleader�hip.com First Amendment to Fort Worth City Secretary Contract No. 57742 Page 3 of 3