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HomeMy WebLinkAboutContract 57014-A1R1CSC No. 57014-AlR1 FIRST AMENDMENT AND FIRST RENEWAL TO CITY SECRETARY CONTRACT NUMBER 57014 BETWEEN THE CITY OF FORT WORTH AND PROFESSIONAL TURF PRODUCTS, L.P. This FIRST AMENDMENT AND FIRST RENEWAL TO CITY SECRETARY CONTRACT NUMBER 57014 ("First Amendment and First Renewal") is entered into by and between the City of Fort Worth ("City"), a home -rule municipal corporation of the State of Texas, and Turf Products, L.P. ("Vendor"). City and Vendor are referred to herein individually as a "Party" and collectively as the "Parties." WHEREAS, on January 11 2022, the Parties entered into a Cooperative Purchase Agreement for City to procure two new mowers from Vendor City Secretary Contract No. 57014 ("Agreement"); and WHEREAS, due to delays and price increases, Vendor was unable to provide City with the mowers within the term of the Agreement at the prices originally quoted; and WHEREAS, City and Vendor desire to renew and extend the term of the Agreement and amend the total compensation payable to Vendor; NOW, THEREFORE, the Parties, acting herein by the through their duly authorized representatives, enter into the following agreement, which amends and renews City Secretary Contract No. 57014: 1. The fourth paragraph of the Agreement, which reads "City shall pay Vendor in accordance with the fee schedule in Exhibit A and in accordance with the provisions of this Agreement. Total payment made under this Agreement for the first year by City shall be in the amount of Two Hundred Forty -Three Thousand Nine Hundred Thirty -Three Dollars and Thirty -Five Cents ($243,933.35). Vendor shall not provide any additional items or services or bill for expenses incurred for City not specified by this Agreement unless City requests and approves in writing the additional costs for such services. City shall not be liable for any additional expenses of Vendor not specified by this Agreement unless City first approves such expenses in writing." is amended in its entirety to be and read as follows: City shall pay Vendor in accordance with the fee schedule in Exhibit A and in accordance with the provisions of this Agreement. Total payment made under this Agreement by the City during the Initial Term or any Renewal Period shall be in the amount of Two Hundred Fifty -Six Thousand One Hundred Thirty Dollars and Two Cents ($256,130.02). Vendor shall not provide any additional items or services or bill for expenses incurred for City not specified by this Agreement unless City requests and approves in writing the additional costs for such services. City shall not be liable for any additional expenses of Vendor not specified by this Agreement unless City first approves OFFICIAL RECORD FIRST AMENDMENT AND FIRST RENEWAL OF CITY SECRETARY Page I of 7 CITY SECRETARY CONTRACT NO. 57014 FT. WORTH, Tx such expenses in writing. In the event no funds or insufficient funds are appropriated by the City in any fiscal period for any payments due hereunder, the City will notify Vendor of such occurrence and this Agreement shall terminate on the last day of the fiscal period for which appropriations were received without penalty or expense to the City of any kind whatsoever, except as to the portions of the payments herein agreed upon for which funds have been appropriated. 2. The fifth paragraph of the Agreement, which reads "The term of this Agreement shall be for one year beginning on January 11, 2022 and ending on March 31, 2022. The City shall be able to renew this Agreement for two (2) one-year renewal options by written agreement of the parties." is amended in its entirety to be and read as follows: The term of this Agreement shall be for one year beginning on January 11, 2022 and ending on January 10, 2023 ("Initial Term"). The City shall be able to renew this Agreement for two (2) one-year renewal options by written agreement of the parties (each a "Renewal Term"). 3. Exhibit A of the Agreement is amended in its entirety to be and read as set forth in Exhibit A of this First Amendment and First Renewal, which is attached hereto and incorporated herein by reference. H The Agreement is renewed and extended for an additional one-year term from January 11, 2023 to January 10, 2024 ("First Renewal Term"). 5. a. All other provisions of the Agreement which are not expressly amended herein shall remain in full force and effect. b. All term in this First Amendment and First Renewal that are capitalized but not defined shall have the meaning ascribed to those terms in the Agreement. [SIGNATURES ON FOLLOWING PAGE] FIRST AMENDMENT AND FIRST RENEWAL OF Page 2 of 7 CITY SECRETARY CONTRACT NO. 57014 Executed to be effective April 1, 2022: CITY OF FORT WORTH: Oana BUr,4hd0ff Bylana Burghdoff (Ma 9, 2023 20:45 CDT) Name: Dana Burghdoff Title: Assistant City Manager Date: APPROVAL RECOMMENDED: By: l Name: Steve Cooke Title: Director, Property Management 4.p4v�4n�� ATTEST: � 0r`�...4 d p A° lo0 l.g Pvo S=d Pia* ° °°°*d a44o dEa°�°r°'4,oa By: Name: Jannette Goodall Title: City Secretary VENDOR: Professional Turf Products, L.P. bVl� By: David Lau (May 5, 2023 16:44 CDT) Name: Davide Lau Title: Chief Financial Officer Date: FIRST AMENDMENT AND FIRST RENEWAL OF CITY SECRETARY CONTRACT NO. 57014 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. b �cci� Y-Denise Garcia TMay7,202315:39 CDT) Name: Denise Garcia Title: Purchasing Manager APPROVED AS TO FORM AND LEGALITY: B Richard A Mrfrarkan (may u ?Q2R ia-n� rnT) Name: Richard A. McCracken Title: Sr. Assistant City Attorney CONTRACT AUTHORIZATION: M&C: 22-0009 1295: N/A OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Page 3 of 7 EXHIBIT A Professional Turf Products, L.P. 1010 North Industrial Blvd. 0 it Euless, Texas 76039 Kyle Mitchell m (817)201-4444 ❑� exot�esstortN. uee _eeuw'sv mitchellk@proturf.com Ship To City Of Fort Worth Date: 3 21 2022 Bill To OMINA - City of Mesa Tax Rate Contact Destination Address 5340 Overland Way, Fort Worth, TX 76107 Trade -In Finance Phone Account Type Contract Email I I QMS: ID Q75929 Comments: Coop Contract Name - Grounds Maintenance Equipment, Parts, Accessories, Supplies, Related Services & Equipment Contract Number- 2017025 // Quote # EPR 3641/3551 Proposal Qty Model # Description Selling Price 1 31698 Groundsmaster 5900 (T4) 1 30669 Universal Sunshade, White 1 Toro Groundsmaster 5900 $ 128,065.01 1 1 138-2700 Sunshade Work Lights (Led) 1 03247 Operator Cooling Fan 1 138-2699 Beacon Sunshade Kit 1 03248 Universal Sunshade Switch Panel 1 138-3002 Power Harness Kit 1 131-6691 Seat Cover Large Grey 1 31512 Back Up Alarm 1 132-1391 Atomic Blade Service Pack (11 Blades) 1 44958 MVP Kit 1000 Hour (PX Hydraulic Fluid - Smart Value Program OMNIA September 12, 2018 And Up) SubTotal $ 128,065.01 Destination Included Tax Has Not Been Added $ TOTAL $ 128,065.01 Comments: For all New Equipment, Demo units may be available for up to 20% savings. For all New Equipment, Refurbished units may be available for up to 40% savings. Due to unexpected issues with much of our supply chain, we are experiencing longer lead times that we have seen in the past Terms & Conditions: 1. Orders are considered contractual. Order cancellations are subject to fees up to 10% of the original order value. 2. New equipment delivery time will be determined once credit is approved & documents are executed. 3. Pricing, including finance options, valid for 30 days from time of quotation. 4. Payments by Credit Card are subject to convenience fee. S. After 30 days all prices are subject to change without notice. nfidential Property of Professional Turf Products Page 1 c FIRST AMENDMENT AND FIRST RENEWAL OF Page 4 of 7 CITY SECRETARY CONTRACT NO. 57014 6. Used and Demo equipment is in high demand and availability is subject to change. A. Upon firm customer commitment to purchase, said equipment availability will be determined and "locked". B. In the event equipment is unavailable at time of order, PTP will employ every resource to secure an acceptable substitute. C. PTP strongly advises the customer to issue a firm PO as quickly as possible after acceptance of quotation. 7. "Trade In Allowances" will be treated as a credit for future parts purchases on PTP account unless other arrangements have been made. Returns Policy: 1. All returns are subject to restocking, refurbishing, usage, and shipping fees. 2. All returns must be able to be sold as new. 3. Items missing parts are non returnable. 4. Professional Turf Products will have sole discretion as to the resalable condition of the product 5. This policy does not apply to items that are defective, or shipped incorrectly by PTP or one of its vendors. Payment: 1. Terms are net 10 unless prior arrangements have been made. 2. Quoted prices are subject to credit approval. A. PTP will work with third party financial institutions to selcure leases when requested to do so. B. When using third party financiers, documentation fees & advance payments may be required. C. For convenience, monthly payments are estimated based on third party rate factors in effect at time of the quotation. D. PTP assumes no liability in the event credit becomes unavailable or rates change during the approval process. 3. There will be a service charge equal to 1.5% per month (18% per annum) on all past due invoices. 4. By Law we are required to file a "Notice to Owner" of our intent to file lien in the event of payment default This notice must be sent within 60 days of the date the original invoice and will happen automatically regardless of any special payment arrangements that may have been made. AuthoriaedlSfgoeuire+i1t�i' I ' ifidential Property of Professional Turf Products FIRST AMENDMENT AND FIRST RENEWAL OF CITY SECRETARY CONTRACT NO. 57014 Date: Page 2 c Page 5 of 7 Professional Turf Products, L.P. 1010 North Industrial Blvd. - , ■ Euless, Texas 76039 uL Kyle Mitchell low coax: on ss. Ffy (817) 201-4444 �'ft UEt mitchellk(_aproturf.com Ship To City Of Fort Worth Date: 3 21 2022 Bill To OMNNA - City of Mesa Tax Rate Contact Destination Address 5340 Overland Way, Fort Worth, TX 76107 Trade -In Finance Phone Account Type Contract Email QMS:ID I Q75929 Comments: Coop Contract Name - Grounds Maintenance Equipment, Parts, Accessories, Supplies, Related Services & Equipment Contract Number - 2017025 // Quote # EPR 3641/3551 Proposal Qty Model # Description 1 31698 Groundsmaster 590D (T4) 1 30669 Universal Sunshade, White 1 Toro Groundsmaster 5900 1 1 138-2700 Sunshade Work Lights (Led) 1 03247 Operator Cooling Fan 1 138-2699 Beacon Sunshade Kit 1 03248 Universal Sunshade Switch Panel 1 138-3002 Power Harness Kit 1 131-6691 Seat Cover Large Grey 1 31512 Back Up Alarm 1 132-1391 Atomic Blade Service Pack (11 Blades) 1 44958 MVP Kit 1000 Hour (PX Hydraulic Fluid - September 12, 2018 And Up) SubTotal Destination Tax Has Not Been Added Selling Price 128, 065.01 Smart Value Program OMNIA 129,065.01 Included TOTAL $ 128,065.01 Comments: For all New Equipment, Demo units may be available for up to 20% savings. For all New Equipment, Refurbished units may be available for up to 40% savings. Due to unexpected issues with much of our supply chain, we are experiencing longer lead times that we have seen in the past. Terms & Conditions: 1. Orders are considered contractual. Order cancellations are subject to fees up to 10% of the original order value. 2. New equipment delivery time will be determined once credit is approved & documents are executed. 3. Pricing, including finance options, valid for 30 days from time of quotation. 4. Payments by Credit Card are subject to convenience fee. S. After 30 days all prices are subject to change without notice. ifidential Property of Professional Turf Products FIRST AMENDMENT AND FIRST RENEWAL OF CITY SECRETARY CONTRACT NO. 57014 Page 1 c Page 6 of 7 6. Used and Demo equipment is in high demand and availability is subject to change. A. Upon firm customer commitment to purchase, said equipment availability will be determined and "locked". B. In the event equipment is unavailable at time of order, PTP will employ every resource to secure an acceptable substitute. C. PTP strongly advises the customer to issue a firm PO as quickly as possible after acceptance of quotation. 7. "Trade In Allowances" will be treated as a credit for future par s'purchases on PTP account unless other arrangements have been made. Returns Policy: 1. All returns are subject to restocking, refurbishing, usage, and Shipping fees. 2. All returns must be able to be sold as new. 3. Items missing parts are non returnable. 4. Professional Turf Products will have sole discretion as to the resalable condition of the product. S. This policy does not apply to items that are defective, or shipped incorrectly by PTP or one of its vendors. Payment: 1. Terms are net 10 unless prior arrangements have been made. 2. Quoted prices are subject to credit approval. A. PTP will work with third party financial institutions to secure leases when requested to do so. B. When using third party financiers, documentation fees & advance payments may be required. C. For convenience, monthly payments are estimated based on third party rate factors in effect at time of the quotation. D. PTP assumes no liability in the event credit becomes unavailable or rates change during the approval process. 3. There will be a service charge equal to 1.5% per month (18% per annum) on all past due invoices. 4. By Law we are required to file a "Notice to Owner" of our intent to file lien in the event of payment default This notice must be sent within 60 days of the date the original invoice and will happen automatically regardless of any special payment arrangements that may have been made. Authorized Signature: Dare: nfidential Property of Professional Turf Products FIRST AMENDMENT AND FIRST RENEWAL OF CITY SECRETARY CONTRACT NO. 57014 Page 2 c Page 7 of 7