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HomeMy WebLinkAboutContract 59195-A3Docusign Envelope ID: C9101D31-A946-4B5C-A24A-ADE72F6545AF CSC No. 59195-A3 AMENDMENT NO. 3 TO CITY OF FORT WORTH CONTRACT 59135 This Third Amendment is entered into by and between the City of Fort Worth (hereafter "Client"), a home rule municipality, with its principal place of business at 200 Texas Street, Fort Worth, Texas, and Active Network, LLC ("Active"), a Delaware limited liability company with its principal place of business at 5850 Granite Pkwy., Suite 1200, Plano, TX 75024. Client and Active may be referred to individually as a Party and collectively as the Parties. WHEREAS, on March 28, 2023 the Parties entered into the Product and Services Agreement Contract #00127820/ City Secretary Contract 59135 for Active to provide Recreation Management Software and Support (the "Agreement"); WHEREAS, on August 28, 2023, the Parties amended the Agreement to include the purchase of additional hardware and services; WHEREAS, on March 15, 2024, the Parties amended the Agreement to remove certain hardware and services and include certain additional hardware and services; WHEREAS, the Parties wish to amend the Agreement to add three (3) additional payment devices as noted on Exhibit "A". Total contract amount not to exceed $100,000.00. NOW, THEREFORE, the Parties, acting herein by and through their duly authorized representatives, enter into the following agreement: 1. AMENDMENTS A. The Agreement is hereby amended to incorporate Schedule Quote Number 00133694, attached hereto as Exhibit A, to add three (3) additional payment devices. The total contract amount will remain an amount not to exceed $100,000.00 annually. B. Client will pay Active an annual amount up to $100,000.00 for hardware, support, and professional services. This amount in no way limits the amount of funds that Active may be entitled to collect in fees associated with credit card use under the terms of the Agreement. 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 Third Amendment to Fort Worth City Secretary Contract No. 59135 OFFICIAL RECORD Page 1 of 5 CITY SECRETARY FT. WORTH, TX Docusign Envelope ID: C9101D31-A946-4B5C-A24A-ADE72F6545AF 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 anoriginal. Third Amendment to Fort Worth City Secretary Contract No. 59135 Page 2 of 5 Docusign Envelope ID: C9101D31-A946-4B5C-A24A-ADE72F6545AF ACCEPTED AND AGREED: CITY OF FORT WORTH: �- By: 449— �; Name: Mark McDaniel Title: Deputy City Manager Date: OCt 25, 2024 APPROVAL RECOMMENDED: S. 7 -affe-r 1;1�,r By: S.Trotter (for K.Gunn) (Oct 25, 2024 4:59 CDT( Name: Kevin Gunn Title: Director, IT Solutions Department ATTEST: oo-ffORTo�Ad �o Ovo 8=0 padnan�oog6� By: Name: Jannette Goodall Title: City Secretary VENDOR: ActiveCtRe.eg10, LLC By: .,,5A'KM.n Farmer Title: VP of sales Date: 10/21/2024 1 3:21 PM PDT 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: Steven Vandever(Oct 23, 2024 13:08 CDT) Name: Steven Vandever Title: Sr. IT Solutions Manager APPROVED AS TO FORM AND LEGALITY: By: Name: Taylor Paris Title: Assistant City Attorney CONTRACT AUTHORIZATION: M&C: N/A Approved: 1295: ATTEST: Name: Title: OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Third Amendment to Fort Worth City Secretary Contract No. 59135 Page 3 of 5 Docusign Envelope ID: C9101D31-A946-4B5C-A24A-ADE72F6545AF �TIV netwom Schedule This is a Schedule pursuant to that certain City of Fort Worth (Agreement) entered into between (Active) and City of Fort Worth (Client) with an effective date as of 03/28/2023. Company Address 3400 N Central Expressway, Suite 300 Richardson, TX 75082 US Prepared By Chad Corsentino Opportunity Owner Chad Corsentino Owner Email chad.corsentino@activenetwork.com Bill To Name City of Fort Worth Bill To Contact Daniel Leach - CFW Bill To Address Parks and Community Services 4200 S. Freeway, STE 2200 Fort Worth, TX 76115 United States Created Date 10/21/2024 Quote Number 00134721 Currency USD Contact Name Daniel Leach - CFW Phone 817-240-2642 Email daniel.leach@fortworthtexas.gov Ship To Contact Daniel Leach - CFW Ship To Address 100 Fort Worth Trail Fort Worth, TX 76102 United States ACTIVENet - Payment This Hardware may be returned by Client within forty five 45 days of its Verifone T650C original purchase in its original packaging for a refund subject to a USD 35 USD USD Payment Device Hardware 00 CAD 48 00 Restocking Fee See Third Party Hardware Product terms 3 1,453.50 484.50 1,453.50 Device for more information Total Price USD 1,453.50 Active reserves the right and may take additional measures to verify Client's account which may consist of reviewing publicly available data and/ confirmation of Client provided information. Such verification measures will be completed in advance of remittance. All fees described herein are in consideration of the Products that Active provides. Active and Client acknowledge that certain credit card network rules and laws prohibit imposing a surcharge that is based on the type of payment method used (e.g., having a different fee for the use of a credit card vs. debit card), and therefore, each agree not to impose such a surcharge on any End User. The payment options we offer may include MasterCard, Visa, American Express and Discover. If your order includes hardware, please note that all hardware orders have a 30-day return policy, and it is recommended that you inspect your purchases upon delivery. "Sales tax and shipping not included in total price. Sales tax and shipping, where applicable, will be added to your invoice. Capitalized terms used in this Schedule and not defined have the meaning set forth in the General Terms or Product Terms, as applicable. Quote Acceptance Information Client Signature: \'/G���//!�v �cc✓ Printed Name: Mark McDaniel Active Network, LLC Signed by: Signature: F Vu Fames �-127191`65A1OE451D... Name: Kevin Farmer Title: Deputy City Manager Title: Docusign Envelope ID: C9101D31-A946-4B5C-A24A-ADE72F6545AF ACTNE Date: Oct 25, 2024 PO# (if applicable): Schedule VP of sales Date: 10/21/2024 1 3:21 PM PDT