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HomeMy WebLinkAboutContract 59272-A1CSC No. 59272-A1 FIRST AMENDMENT TO FORT WORTH CITY SECRETARY CONTRACT NO. 59272 This First Amendment to Fort Worth City Secretary Contract No. 59272 is made by and between the City of Fort Worth ("Buyer"), a Texas home -rule municipal corporation acting by and through its duly authorized Assistant City Manager, and VICI DBS USA, LLC ("Seller"), a Texas limited liability company acting by and through it duly authorized representative. WHEREAS, Buyer and Seller entered into an Agreement identified as Fort Worth City Secretary Contract No. 59272 beginning April 21, 2023 ("Agreement"); WHEREAS, under the terms of the Agreement, services began on the date signed by the Buyer's signatory ("Effective Date") and expired on December 31, 2023 ("Expiration Date"), unless terminated earlier in accordance with this Agreement ("Initial Term"). Buyer shall have the option, in its sole discretion, to renew this Agreement under the same terms and conditions, for up to four (4) one-year renewal options, with the first renewal executed on January 1, 2024 and expiring on December 31, 2024; and WHEREAS, it is the collective desire of both Buyer and Seller to amend the Agreement to update Exhibit D due to a price change found in Quote 08092024REV. NOW THEREFORE Buyer and Seller do hereby agree to the following: I. 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. Exhibit D in the Agreement is deleted and replaced with the attached Exhibit D. In the event of any conflict between terms and conditions in the attached Exhibit D, aside from the new pricing, and the terms and conditions of the Agreement, the terms and conditions of the Agreement control. II. ALL OTHER TERMS SHALL REMAIN THE SAME All terms and conditions of the Agreement that are not expressly amended herein shall remain in full force and effect. OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX First Amendment to Fort Worth City Secretary Contract No. 59272 Page l of 4 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. SIGNATURE PAGE FOLLOWS REMAINDER OF PAGE INTENTIONALLY LEFT BLANK First Amendment to Fort Worth City Secretary Contract No. 59272 Page 2 of 4 IN WITNESS WHEREOF, the parties hereto have executed this Amendment, to be effective as of the date signed by the Assistant City Manager. ACCEPTED AND AGREED: CITY OF FORT WORTH By: William Johnson (A g 12, 202414:10 CDT) Name: William Johnson Title: Assistant City Manager Date: Aug 12, 2024 APPROVAL RECOMMENDED: By. Robelldre3ge (Aug 12, 202413:57 CDT) Name: Robert A. Alldredge Jr. Title: Executive Assistant Chief ATTEST: By: Name: Jannette S. Goodall Title: City Secretary VENDOR: VICI DBS USA, LLC 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: xguvn,e� � """(�" Name: Loraine Coleman Title: Administrative Services Manager APPROVED AS TO FORM AND LEGALITY: FFORt�o�dd " By: 9 p� o o=; Name: Jerris Mapes PPd o- Title: Sr. Assistant City Attorney nEXA?ob CONTRACT AUTHORIZATION: M&C: None Required Date Approved: N/A Bv; ftak��- Name: Phil Allison Title: Sales & ar etin Manager Date: j/� of Form 1295 Certification No.: N/A OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX First Amendment to Fort Worth City Secretary Contract No. 59272 Page 3 of 4 EXHIBIT D - SELLER'S QUOTE � VICI V DBS VICI DBS USA 7255 Langtry Street Houston, TX 77040 (713) 263-6970 Main (832) 565-5970 Fax (832) 917-9146 Phil Direct lCuslumer. Fort Worth Police Forensics Lab Quote No: 08092024REV (Address: 3616 East Lancaster Job Ref: NM Hydrogen Gas Generators Fort Worth, TX 76103 Phone: (817 ) 392- 4511 Contact: Peggy Denovellis E-mail: peggy.denovellis@fortworthtexas.gov Qty Part Code / Description Price Net Each Price 2 DB-PNM500-US (P/N to order) NM -PLUS (no maintenance) Hydrogen Gas Generator. Delivers up to 500 mL/min with +99.99996% Purity @ 160 psig Capability. System includes Unique Touch Screen Operation, 100% Titanium Cell Assembly, Cold Dual Dynamic Regeneration System, Multi -Point Safety Shut -Down Leak Sensors, Seismic Zone Vibration Safety Sensor, Internal Water Tank and (2) Year Complete System Warranty . $16,871.00 $33,742.00 Total $33,742.00 Terms: Net 30, FOB Destination, Freight Prepaid and Allowed Delivery: From Stock Application Statement: To generate a constant or on demand supply of hydrogen gas with +99.99996% gas from deionized water. System eliminates hydrogen/ helium gas cylinders, improves workplace safety and efficiency and maximizes instrument uptime . Form No: Date Quotation Made: Prices Effective To: Sales Manager: DBS.FMR.004 8/9/2024 8/31/2024 Phil Allison First Amendment to Fort Worth City Secretary Contract No. 59272 Page 4 of 4