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HomeMy WebLinkAboutContract 60223-A1R1First Amendment and First Renewal to CSC No. 60223 Page 1 of 3 FIRST AMENDMENT AND FIRST RENEWAL TO CITY OF FORT WORTH CONTRACT NO. 60223 This FIRST AMENDMENT AND FIRST RENEWAL (“1st Amendment and 1st Renewal”) is made and entered into by and between the CITY OF FORT WORTH, a home-rule municipal corporation of the State of Texas, acting by and through its duly authorized representative (“City”), and MRSP, LLC dba SMARTPHONE METER READING, LLC (“Vendor”). WHEREAS, City and Vendor entered into an agreement to provide software, maintenance, support, data hosting, professional services and training for the SPMR WS SmartPhone based data collection platform, the same being City Secretary Contract Number 60223 (“Agreement”); and WHEREAS, the parties desire to amend the Agreement to reflect the increased cost of licensing and support; WHEREAS, the Agreement provides that the term may be renewed for four additional one-year periods; WHEREAS, the parties wish to continue their relationship by exercising the first renewal option beginning October 1, 2024 and to expire September 30, 2025 and NOW, THEREFORE, City and agree to amend and to renew and extend the Agreement as follows: I. AMENDMENT City and Vendor hereby agree to amend the Agreement as follows: The total spending authority has increased from $155,297.00 to $165,000.00. Under Article 2 – Payments, section 1.C, the SPMR Subscription Agreement states that their fees are subject to change in the amount of ten percent, which would allow them an increase up to $15,529.70, however the increase for this renewal term will only be $9,703.00, or just under 6.25%. II. RENEWAL The parties further agree to renew and extend the Agreement for its first renewal term, effective beginning on October 1, 2024 and ending on September 30, 2025 (First Renewal Term). This shall be the first of four one-year renewal periods. III. (1) All terms and conditions of the Agreement that are not expressly amended pursuant to this First Amendment and First Renewal shall remain in full force and effect. First Amendment and First Renewal to CSC No. 60223 Page 2 of 3 (2) All terms in this First Amendment and First Renewal that are capitalized but not defined shall have the meanings assigned to them in the Agreement. [Signature Page Follows] First Amendment and First Renewal to CSC No. 60223 Page 3 of 3 Executed effective as of the date signed by the Assistant City Manager below. FORT WORTH: City of Fort Worth By: ___________________________ Name: Fernando Costa Title: Assistant City Manager Date: ___________________________ Approval Recommended: By: ______________________________ Name: Christopher Harder Title: Director, Water Department Attest: By: ______________________________ Name: Jannette 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: Richard Lisenbee Title: Sr. IT Manager, Water Department Approved as to Form and Legality: By: ______________________________ Name: Taylor Paris Title: Assistant City Attorney VENDOR: Smartphone Meter Reading, LLC By: Name: Andrew Kercher Title: President Date: ____________________________ � � � Bill To Invoice PO BOX 941948 PLallo, Tx �so9a Due Date Inv Date Invoice # 10/1/2024 9/3/2024 SPMR4066 Fort Worth, TX City of ❑Please check box if address is incorrect or has changed, and indicate change(s) on reverse side. New e-mail address? �nter here: REMIT TO: SPMR LLC Balance Due $165,000.00 PO BOX 941948 PLANO, TX 75094 Subscription Period Terms P.O. No. Billing Type 10/O1/2024 - 09/30/2025 nnnual Description Qty Rate Amount Subscription Period (10/O1/2024 - 09/30/2025) SPMR WS SmartPhone License and Support per SmartPhone/Reader 40 4,125.00 165,000.00 (additional are $149/month) SPMR WS SmartPhone Data Hosting per SmartPhone/Reader 40 0.00 0.00 (additional are $49/month) SPMR WS Web Seat License and Support per Web User - Enterprise 1 0.00 0.00 SPMR Web Seat ADMIN: License and Support - Enterprise 1 0.00 0.00 Includes SPMR Web, SmartPhone Licenses, Validation Bundle - 1 0.00 0.00 Enterprise WIRE TRANSFER INSTRUCTIONS: Beneficiary Bank: PROSPERITY BANK/800-578-9009 SWIFT/BIC No (International Wires): PROYUS44 Beneficiary Bank ABA: 1131226�5 Beneficiary Account: 70138920 Beneficiary Name: MRSP, LLC; SPMR, LLC Total $165,000.00 A 15% late fee may be applied on balances that exceed due date. Payments/Credits $0.00 Phone# 214-540-5060 E-Mail accounting@spmrsmart.com Balance Due USD $165,000.00 Signature: ��— Email: Fernando.Costa@fortworthtexas.gov Routing and Transmittal Slip Water DOCUMENT TITLE: Department First to SmartPhone Meter Reading Contract TO: ROLE: INITIALS: Rick Lisenbee, Sr. Water IT Manager Signer Andrew Kercher, President akercher@spmrsmart.com Signer Shane Zondor, Water Assistant Director Approver Jan Hale, Water Deputy Director Approver Chris Harder, Water Director Signer Taylor Paris, Assistant City Attorney Signer Fernando Costa, Assistant City Manager Signer Ron Gonzales, City Secretary intake Approver Jannette Goodall, City Secretary Signer Allison Tidwell, Lead Admin Asst, City Secretary Form Filler Charmaine Baylor Accepter Acceptor M&C:CPN:CSO:60223 DOC #: EXPLANATION Attached, for your approval, is the First Renewal of CSC 60223, the agreement between MRSP, LLC dba Smartphone Meter Reading LLC (SPMR) and the Water Department for software, maintenance, support, data hosting, professional services and training for the SPMR WS SmartPhone based data collection platform. 155,297.00 to $165,000.00. nder Article 2 – Payments, section 1.C, the SPMR Subscription Agreement states that their fees are subject to change in the amount of ten percent, which would allow them an increase up to $15,529.70, however the increase for this renewal term will only be $9,703.00, or just under 6.25%. Please note that any additional devices will cost $149.00 per month for the License and Support, plus $49.00 per month for the Data Hosting, for a total of $198.00 per month, per additional device, equaling $2,376.00 per year, per device. This is considerably less than the first 40 device’s individual cost, but SPMR is giving the Water Department a discounted rate for any additional devices, above and beyond the initial 40. Th enewal term will run from October 1, 2024 to September 30, 2025, with remaining renewals. If you have any questions or concerns, please feel free to call or email me. Thank you, Charmaine Baylor Senior IT Business Planner Water IT, Water Department (817) 891-6092