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HomeMy WebLinkAboutContract 56272-A1 CSC No.56272-A1 AMENDMENT NO. 1 TO CITY OF FORT WORTH CONTRACT 56272 This Amendment is entered into by and between the City of Fort Worth (hereafter "Buyer"), a home rule municipality, with its principal place of business at 200 Texas Street,Fort Worth, Texas, and Ineos Calabrian Corporation ("Vendor"), Buyer and Vendor may be referred to individually as a Parry and collectively as the Parties. WHEREAS, on September 3, 2021, the Parties entered into City Secretary Contract 56272 to provide liquid sulfur dioxide ("Agreement/Contract"); NOW, THEREFORE, the Parties, acting herein by the through their duly authorized representatives, enter into the following agreement: 1. AMENDMENTS Amend the Agreement to increase the annual amount by $300,000.00 for a total of$400,000.00 and ratify expenditures in the amount of$22,000.00 per Mayor& Council 21-0949. 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 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. ACCEPTED AND AGREED: CITY OF FORT WORTH: CONTRACT COMPLIANCE MANAGER: By signing I acknowledge that I am the person b gA responsible for the monitoring and administration By: Dana Burghdoff(Jdn 10,20 09:52 CST) of this contract,including ensuring all Name: Dana Burghdoff performance and reporting requirements. Title: Assistant City Manager Date: OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX By: s a APPROVAL RECOMMENDED: Name: Shatabya Bergland Title: Contract Compliance Specialist APPROVED AS TO FORM AND LEGALITY: CGI�/,I�D.I�GIG�fI��G�G� By: Christopher H rder(Jan 10,2022 07:04 CST) Name: Chris Harder Title: Water Director By: Name: Taylor Paris ATTEST: Title: Assistant City Attorney CONTRACT AUTHORIZATION: 175, o�" M&C: 21-0949 By: J ette S.Goodall(Jan 10,2022 14 CST) Date: 12/14/2021 ame: Jannette Goodall 1295: N/A Title: City Secretary 0�44 F OR (300 01.0 F° r�aa aw0-0 o Ineos Calabrian Corporation: ��°T°°°°°S°dam 1Q1nnEX ATTEST: By: Name: Elizabeth Keeneth By: Title:Cpp Name: Title: Date: 12/27/2021 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX City of Fort Worth, Texas Mayor and Council Communication DATE: 12/14/21 M&C FILE NUMBER: M&C 21-0949 LOG NAME: 13P AMEND ILA DALLAS SULFUR DIOXIDE TD WTR SUBJECT (ALL)Authorize Execution of an Amendment to the Purchase Agreement with Ineos Calabrian Corporation for Sulfur Dioxide to Increase the Annual Amount by$300,000.00 for a Total of$400,000.00, using the Interlocal Cooperative Agreement with the City of Dallas for Dallas Bid 19- 1917, and Ratify Expenditures in the Amount of$22,000.00 for the Water Department RECOMMENDATION: It is recommended that the City Council authorize an Amendment to the Purchase Agreement with Ineos Calabrian Corporation for Sulfur Dioxide to increase the annual amount by$300,000.00 for a total of$400,000.00, using the Interlocal Cooperative Agreement with the City of Dallas for Dallas Bid 19-1917, and ratify expenditures in the amount of$22,000.00 for the Water Department. DISCUSSION: On September 3, 2021, the City of Fort Worth(City)executed a Purchase Agreement with Ineos Calabrian Corporation in the amount of $100,000.00 for the purchase of Sulfur Dioxide for an initial term of three(3)months and a one-year renewal option. This Purchase Agreement was authorized through an Interlocal Agreement with the City of Dallas for a cooperative agremeent which allows Fort Worth to purchase goods and/or services off exisiting contracts between Dallas and a Vendor so long as state law competitive bid requirements are met. The City of Dallas satisified state law competitive bidding requirements when it issued bid 19-1917 for the procurement of Liquid Sulfur Dioxide and awarded a contract to Ineos Calabrian Corporation. The Water Department uses sulfur dioxide to remove chlorine from the Village Creek Water Reclamation Facility(WRF)effluent before it is discharged to the river. The purpose of this Mayor and Council Communication is to request an amendment to the agreement to increase the contract by an additional $300,000.00. The increase is needed while the Purchasing Division issues a new bid for Sulfur Dioxide. It is anticipated that the bid will go out this Spring. It is requested that City Council approve the ratification of the$22,000.00 in expenditures. The Water Department used all of the$100,000.00 spending authority by the end of November and additional sufur dioxide was needed. COOPERATIVE PURCHASE-State law provides that a local government purchasing an item under a cooperative purchasing agreement satisfies State laws requiring that the local government seek competitive bids for purchase of the item. Cooperative contracts have been competitively bid to increase and simplify the purchasing power of local government entities across the State of Texas. BUSINESS EQUITY-A M/WBE goal is not assigned when purchasing from an approved purchasing cooperative or public entity. RENEWAL OPTIONS-Upon City Council's approval,this agreement will commence upon execution by both parties through December 11, 2021 with the option to renew for one additional one-year period in accordance with the terms of the City of Dallas and Ineos Calabrian Corporation. This action does not require specific City Council approval provided that the City Council has appropriated sufficient funds to satisfy the City's obligations during the renewal term. This project will serve ALL COUNCIL DISTRICTS. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that funds are available in the current operating budget, as previously appropriated, in the Water and Sewer Fund to support the approval of the above recommendation and authorize agreements. Prior to any expenditure being incurred,the Water Department has the responsibility to validate the availability of funds. Submitted for City Manager's Office W. Jay Chapa 5804 Dana Burghdoff 8018 Originating Business Unit Head: Reginald Zeno 8517 Christopher Harder 5020 Additional Information Contact: Cynthia Garcia 8525 Taylor Dean 7648