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Home My WebLink AboutContract 50022-A3R6THIRD AMENDMENT AND SIXTH RENEWAL TO CITY OF FORT WORTH CONTRACT 50022 CSC No. 50022-A3R6 This Third Amendment and Sixth Renewal is entered into by and between the City of Fort Worth (hereafter "Buyer"), a home rule municipality, with its principal place of business at 100 Fort Worth Trail, Fort Worth, Texas, and OneRain Incorporated ("Vendor"), a Colorado company. Buyer and Vendor may be referred to individually as a "Party" and collectively as the "Parties." WHEREAS, on November 29, 2017, the Parties entered into City Secretary Contract 50022 to implement Contrail flood warning software ("Agreement"); and WHEREAS, on October 11, 2022, the Parties entered into the Second Amendment and Fourth Renewal to the Agreement, to add four additional one-year renewal terms at the City's option; and WHEREAS, the current term, the Fifth Renewal Term of the Agreement expired on November 28, 2024; and WHEREAS, the Parties wish to amend the Agreement to limit future price increases to an amount not to exceed 5% in the future and renew the Agreement for another term. NOW, THEREFORE, the Parties, acting herein by the through their duly authorized representatives, enter into the following agreement: I. AMENDMENTS 1. The Agreement is hereby renewed for a one-year Renewal Term beginning November 29, 2024, for an amount not to exceed $31,000.00, in accordance with Exhibit A, attached hereto and made a part thereof the Agreement. 2. Vendor hereby agrees that beginning with this Third Amendment and Sixth Renewal, all future price changes for the services described in the Agreement shall not be increased by more than five percent above the previous renewal's pricing terms. II. 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. Third Amendment and Sixth Renewal to Fort Worth City Secretary Contract No. 50022 Page 1 of5 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. Third Amendment and Sixth Renewal to Fort Worth City Secretary Contract No. 50022 Page 2 of 5 Barry Fulfer Account Manager � �� ------------------------------------- ------------------------------------- (ln PT ��rm OncRain anA1 M Subsidiary 1531 Skyway Drive Suite D Longmont, Colorado 80504, USA Barry Fulfer Organization / Business Name City of Fort Worth - T'X Contact Name: Contact Phone: Ranjan S. Muttiah, , PhD, PE, CFM 8179957783 Primatti� Contact �mail: ranj an.muttiah@fortworthtexas.gov 121647 12/16/2024, 8:40 am bany.fulfer@aem.eco Billing Address: Shipping nddress: City of Fort Worth - TX City of Fort Worth - TX Transportation & Public Storm Water Mgmt Works Dept, Stormwater Mgmt 309 Hillshire Dr Div Haslet, Texas 76052 1000 Throckmorton Street United States Fort Worth, TX 76102 United States Product Code Description Services, Subscription & Maintenance for Contrail Base Station and Contrail Servers: November 29, 2024, till November 28, 2025 OR-1101-3 Single server software application license. Each license includes: Contrail Base Station: 1,000-sensor limit, 1 client website, Contrail Inventory Plus, Contrail Analytics, Contrail ALERT2 TDMA Manager; Requires: 9101, 9201 or 9202,Year 2: 9801-3 OR-5103 Contrail Field Decoder Software Renewal OR-1201-3 12-month managed and hosted application service subscription includes: Contrail Base Station: 1,000 sensor limit, 1 client website, Contrail Inventory Plus, Contrail Analytics, Contrail ALERT`2 TDMA Manager; Requires: 9101,9201 or 9202 Term Months: 12 City of Fort Worth � Contrail QTY Unit Price Total 1.00 $6,�00.00 $6,� 2.00 $250.00 $500. 2.00 $12,000.00 $24,000. Total $31,000. Remarks: • Quotation is valid for a period of sixry (60) days from the date of this correspondence. • PAYMENT TERMS: Net 30 Days unless otherwise documented. Late payment fees will be charged at one percent (1%) per month or part thereof will be charged for any payment that is more than thirty (30) days late. ��(„°�'� . . � r'�_S ��{INfN1 L/�MBREC�iT OneRain �� C•ulll� . - � . - � in� ie�i�u ti �'-Ill@ @O � � (214)558-3926 Page 4 of 5 � �� • CURRENCY:USD • SHIPPING METHOD: Bestway. • SHIPPING TERMS: Ex Works. • MAINTENANCE: Annual service and maintenance contracts are available. The installation and/or maintenance costs quoted above are valid for standard installations and maintenance only. Any installation or maintenance work that requires non-standard equipment, materials, or regulatory expenses may be subject to an additional charge. • ESTIMATED DELIVERY: We, like many businesses, are experiencing periodic disruptions in our supply chain. Accordingly, you may expect delivery times to approach, or exceed, 12 weeks. Thank you for your patience and understanding during these unusual times. You will receive an e-mail when all, or a portion, of, your order has shipped. • Applicable taxes are not included. This order is subject to sales tax at the time of invoicing. • The automatic renewal is subject to an annual 5% increase. • Note: if this quotation is for fiscal budgetary purposes or grant planning, the customer should add a 10% buffer to the quote to account for future price increases. By ordering, receiving, or accepting AEM-provided products and/or services, Buyer agrees to the specific terms and conditions incorporated by reference below and the General Terms and Conditions of Sale incorporated by reference, all of which are available for review at: htt�s://acm.cco/conlracts. Terms & Conditions Hardware Terms Professional Services Terms Sofrware as a Service Terms On-Premises Software Terms Maintcnancc Ridcr Initial for Acceptance Acceptance To accept, please initial the Order-Specific Terms and Conditions above, complete and sign below and return. Signature: Name: Title: Date: Please sign and email to Barry Fulfer at barry.fulfernaem.eco YY�IV[:•,,ril(' , - � �� I .. nic.�i .,mr . . 1-1 �7 � fIF�(-IROKtct Signature: . � �,�� -- - � Name:Barry Fulfer Title: Account Manager Date:12/16/2024 �,e�eo OneRai� �� Page � of 5