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HomeMy WebLinkAboutContract 58534-A1FIRST AMENDMENT TO FORT WORTH CITY SECRETARY CONTRACT NO. 58534 This First Amendment to Fort Worth City Secretary Contract No. 58534 is entered into by and between the City of Fort Worth (hereafter "City"), a Texas home rule municipality, and 4Imprints, Inc.(“Vendor”), a corporation and authorized reseller through Choice Partners Cooperative Agency Contract 21/048SG-01. WHEREAS, on December 5, 2022, City and Vendor entered into an Agreement identified as Fort Worth City Secretary Contract 58534 for Vendor to provide City with Promotional and Commemorative Items (“Agreement”); and WHEREAS, it is the collective desire of both City and Vendor to amend the Agreement to increase the total annual allowable annual compensation under the Agreement from $100,000.00 to $200,000.00, as authorized by Mayor and Council Communication No. 24-0547 (June 25, 2024). NOW, THEREFORE, acting herein by the through their duly authorized representatives, do hereby agree to the following: 1. AMENDMENT TO AGREEMENT The following terms are hereby amended to either replace any conflicting terms in the Agreement or will be added to the terms and will be binding and enforceable as if they were originally included therein: Paragraph four of the Agreement is deleted in its entirety and replaced with the following language: The City shall pay Vendor in accordance with the fee schedule in Exhibit A and in accordance with the provisions of this Agreement. Total annual payment made under this Agreement by the City shall not exceed two hundred thousand dollars and zero cents ($200,000.00). 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. 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 an original. ACCEPTED AND AGREED: CITY OF FORT WORTH: By: ___________________________ Name: Dana Burghdoff Title: Assistant City Manager Date: ___________________________ APPROVAL RECOMMENDED: By: ______________________________ Name: Dalton Harrell Title: Director ATTEST: By: ______________________________ Name: Jannette S. Goodall Title: City Secretary 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: ______________________________ Name: Loraine Coleman Title: Contract Compliance Manager APPROVED AS TO FORM AND LEGALITY: By: ______________________________ Name: Jessika J. Williams Title: Assistant City Attorney CONTRACT AUTHORIZATION: M&C: 24-0547 (6/25/24) Form 1295 Certificate No.: 2024-1170327 VENDOR: 4IMPRINT, INC. By: Name: Kristin Engh Title: Government Team/Bid Representative City of Fort Worth, Mayor and Texas Council Communication DATE: 06/25/24 M&C FILE NUMBER: M&C 24-0547 LOG NAME: 13PAMEND COOP AGREEMENT 41MPRINT DS MC SUBJECT (ALL) Authorize Amendment to Cooperative Agreement with 4lmprint, Inc to Increase the Annual Amount by $100,000.00 for a New Total Annual Amount of $200,000.00 for Marketing Items for City Departments RECOMMENDATION: It is recommended that City Council authorize an amendment to Cooperative Agreement (CSC No. 58534) with 4lmprint, Inc to increase the annual amount by $100,000.00 for a new total annual amount of $200,000.00 for Marketing Items for City Departments. DISCUSSION: On December 5, 2022, the City entered into an agreement with 4lmprint, Inc under Choice Partners Cooperative Agreement Contract No. T21/048SG-01 for an amount up to $100,000.00 (CSC No. 58534). The Development Services Department approached the Purchasing Division requesting additional spending authority with 4lmprint, Inc to purchase additional items for recruitment and marketing efforts. Additionally, various City Departments utilize this agreement which has reached its maximum purchasing capacity. Staff requests that the City Council authorize an increase to the spending authority under the contract by an additional $100,000.00 to accommodate this increase for departmental spending. The new total annual amount of the agreement will be up to $200,000.00. FUNDING: The maximum amount allowed under this agreement Citywide will be $200,000.00; however, the actual amount used will be based on the need of each department and available budget. AGREEMENT TERM: The current agreement term is from July 21, 2023, to July 20, 2024. RENEWAL TERMS: The contract may be renewed for up to one (1) one-year term in alignment with the underlying COOP agreement, at the City's option. This action does not require specific City Council approval provided that City Council has appropriated sufficient funds to satisfy the City's obligations during the renewal term. ADMINISTRATIVE CHANGE ORDER: An administrative change order or increase may be made by the City Manager up to the amount allowed by relevant law and the Fort Worth City Code and does not require specific City Council approval as long as sufficient funds have been appropriated. COOPERATIVE PURCHASE: State law provides that a local government purchasing an item under a Cooperative Purchasing Agreement satisfies state laws requiring that the local government seek competitive bids for the purchase of the item. DVIN: An MBE/SBE goal is not assigned when purchasing from an approved purchasing cooperative or public entity. The Cooperative Agreement serves ALL COUNCIL DISTRICTS. FISCAL INFORMATION / CERTIFICATION: The Director of Finance certifies that funds are available in the current operating budget, as previously appropriated, in the participating departments' Operating Funds to support approval of the above recommendation and execution of the agreement. Prior to any expenditure being incurred, the participating departments have the responsibility to validate the availability of funds. Submitted for City Manager's Office bk Reginald Zeno 8517 Dana Burghdoff 8018 Originating Business Unit Head: Reginald Zeno 8517 Dalton J. Harrell 8032 Additional Information Contact: Jo Ann Gunn 8525 Maria Canoura 2526 Kristin Engh 8/11/1983 101 Commerce St Oshkosh WI 54901 USA Winnebago WI 3 June 24