Ordinance No. 11,066ORDINANCE NO_ 11,066
AN ORDINANCE OF THE Cl'l -Y COUNCIL OF TFIE CITY OF BA-Y-TOWN, TEXAS_
AUTHORIZING THE PAYMENT OF SIXTY -SEVEN TI- IOUSANO NINE HUNDRED
NINETY -SEVEN AND NO /I 00 DOLLARS (S67.997.00) TO BLACKBOARD CONNECT,
INC.. SUCCESSOR IN INTEREST TO THE NTI GROUP. INC.., FOR TI IE 2008 -2009
TERM OF THE CONNECT CTY AGREEMENT FOR TELEPHONE MESSAGING
SERVICES: MAK_INC3 OTHER PROVISIONS RELATED THERETO, AND PROVIDING
FOR THE EFFECTIVE DATE THEREOF_
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN. TEXAS:
Section 1: That the City Council of the City of Baytown hereby authorizes payment in the
amount of SIXTY -SEVEN TI- IOUSAND NINE HUNDRED NINETY -SEVEN AND NO /100 DOLLARS
($67,997.00) to Blackboard Connect, Inc_. successor in interest to the NTI Group, Inc., for the 2008 -2009 term
of the Connect CTY Agreement for telephone messaging services.
Section 2: That pursuant to the provisions of Texas Local Government Code Annotated
§252.048, the City Manager is hereby granted general authority to approve any change order involving a
decrease or an increase in costs ofTWENTY -FIVE THOUSAND AND NO/] 00 DOLLARS ($25,000.00) or
less, subject to the provision that the original contract price may not be increased by more than twenty -five
percent (25 %) or decreased by more than twenty -Eve percent (25 %) without the consent of the contractor to
such decrease.
Section 3: This ordinance shall take effect immediately from and after its passage by the City
Council of the City of Baytown. /f
INTRODUCED. READ and PASSED by the affirmative vote
Baytown this the 12th day of February, 2009.
STE�N
ZZIG
IaYTC>
YT DARNELL. City Clerk k%��
U, x y
r_ Cn
APPROVED AS TO FORM: r
ACIO RAMIREZ. SR., Ci A orney
the City Council of the City of
NCARLOS, Mayor
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Blackboard
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AMENDMENT NO. 1 AGREEMENT TO CTY AGREEMENT
This Amendment No.1 Agreement("Amendment No.1"),is made to the Connect-CTY Agreement("CTY Agreement"),dated
December 14,2007("Effective Date"),by and between The NTI Group,Inc.(now known as Blackboard Connect Inc.)
("Company"),and the City of Baytown,Texas("Clients"). Client and Company may hereinafter be collectively referred to as the
"Parties"or individually,as the"Party".
For good and valuable consideration,the adequacy and sufficiency of which is hereby acknowledged by the Parties,on this date,
December 15,2009("Amendment No.1 Date"),the Parties agree to modify the CTY Agreement in the manner specified below.
1. Section 3 of the CTY Agreement is hereby revised in its entirety to read as follows:
CTY Service Fee. In consideration for use of the CTY Service during the Term,the Client will pay the Company
the following annual Service Fee:
(a) For the period December 15, 2007 to December 14, 2009, the annual Service Fee will be$67,997.00 per
year.
(b) For the period December 15,2009 to December 14,2010,the Service Fee will be$45,000.00(i.e.,20,000 x
$2.25).
(c) Payment will be in accordance with the following process: the Client agrees to issue a purchase order
("PO")to the Company referencing H-GAC. An invoice for each year will be sent out upon the Company's
receipt of a signed CTY Agreement and the PO,and payment is due within 30 days of invoicing.
2. Unless otherwise defined herein,capitalized terms used shall have the same meaning as set forth in the CTY
Agreement. Except as otherwise set forth herein,all terms and conditions of the CTY Agreement will continue in full
force and effect as set forth therein and amended hereby.
IN WITNESS WHEREOF,the Parties have executed this Amendment No.1 as of the Amendment No.1 Date.
O.j' 0 BLACKBOARD CONNECT INC.
Authorized Signato •
Gar • n C. Brumback Authorized Signatory:
Print Name&Title: ty Manager
Name&Title: 'PP/L a•r' Z. Nit f
Address: City of Baytown Execution Date: J 'Bo y04
2401 Market St.
Baytown, TX 77520 Address: Address: Blackboard Inc.
650 Massachusetts Ave NW,6th floor
Washington DC 20001-3796
Contact for Notices: Tel:(202)463-4860 ext 2463 or ext 2592
Fax:8184500425
Tel: 281-422-1129 Email:Toni.LongffOblackboard.com
Fax: 281-420-6586
or•
Email Bill.Vola@baY -town.
Confidential Page 1 of 1 12/30/2009