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HomeMy WebLinkAboutContract 58751-A3R1CSC No. 58751-A3R1 AMENDMENT 3, RENEWAL 1 TO FORT WORTH CITY SECRETARY CONTRACT NO. 58751 This Amendment and Renewal to Fort Worth City Secretary Contract No. 58751 is made between the City of Fort Worth ("Fort Worth") and Silsbee Ford Inc ("Vendor"). WHEREAS, Fort Worth and Vendor entered into an Agreement for Vendor to provide City with fleet vehicles, off -road vehicles and other motorized equipment; WHEREAS, the Agreement expired on November 30, 2023, but allowed for two one-year renewal options; WHEREAS, it is the collective desire of both Fort Worth and Vendor to amend the Agreement to update the language under the compensation provisions of the Agreement to increase the amount to Forty -Two Million, Five Hundred Ninety -Three Thousand and Nineteen Dollars ($42,593,019.00) as authorized under Mayor and Council Communication No. 23-0450 (06/13/23); WHEREAS, Vendor acknowledges that the amount authorized under M&C 23-0450 is non-exclusive, available to all awarded vendors and does not guarantee any specific amount of work; WHEREAS, the Parties also desire to amend the Agreement in order to allow for multiple transactions to purchase vehicles, to be documented under future quotes between the Parties; and WHEREAS, it is the collective desire of both Fort Worth and Vendor to renew the agreement for its first renewal term, beginning December 1, 2023 and ending November 30, 2024. NOW THEREFORE, Fort Worth and Vendor, acting herein by and through their duly authorized representatives, agree to the following terms, which amend and renew the Agreement as follows: 1. The compensation provision of the Agreement (Paragraph 4) is hereby amended by deleting the section in its entirety and replacing it with the following language: City shall pay Vendor in accordance with the fee schedule in Exhibit A, including any future quotes, and in accordance with the provisions of this Agreement. Total annual payment made under this non-exclusive Agreement may be an amount up to Forty -Two Million, Five Hundred Ninety -Three Thousand and Nineteen Dollars ($42,593,019.00). The Vendor acknowledges that this is a non-exclusive agreement and there is no guarantee of any specific amount of purchase. Further, Vendor recognizes that the amount stated above is the total amount of funds available, collectively, for any Vendor that enters into an agreement with the City under the relevant M&C or cooperative agreement and that OFFICIAL RECORD CITY SECRETARY Amendment 3/Renewal 1 to Fort Worth City Secretary Contract No. 58751 FT. WORTH, Tx Page 1 of 3 once the full amount has been exhausted, whether individually or collectively, funds have therefore been exhausted under this Agreement as well. The Parties will engage in multiple transactions to purchase vehicles under this Agreement. For each purchase made pursuant to this Agreement, Vendor must supply a quote for the subject vehicles and the quote must conform with the then - current pricing under the underlying cooperative agreement. If the City accepts the quote and places and order for the vehicle(s), that quote shall be considered an addendum to this agreement but is not required to be filed in the City records. The Parties will maintain all quotes for the 3-year Audit period included herein. 2. The Agreement is hereby renewed for its First Renewal Term, beginning December 1, 2023 and ending November 30, 2024. 3. All other terms, provisions, conditions, covenants and recitals of the Agreement not expressly amended herein shall remain in full force and effect. [Signature Page Follows] Amendment 3/Renewal 1 to Fort Worth City Secretary Contract No. 58751 Page 2 of 3 FORT WORTH: City of Fort Worth Tcm 8` By Dana Burghdoff Mor 70m4 CST) Name: Dana Burghdoff Title: Assistant City Manager Date: Dec 20, 2023 Approval Recommended: By: -X,c Name: Ricardo Salazar Title: Interim Property Management Director pd440pq�n EOXRo50Attest: 0F4pC ro °p*a•= add0 o ,Ov8 odo° °°o By: yn 000 °° Name: Jannette S. Goodall Title: City Secretary VENDOR: Silsbee Ford Inc By: Name/Title: SETH GAMBLIN/ FLEET SALES 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. Demse Garcia By: Denise Garcia (Dec 15, 2023 09:46 CST) Name: Denise Garcia Title: Purchasing Manager Approved as to Form and Legality: By: uJ Name: Jessika Williams Title: Assistant City Attorney Contract Authorization: M&C: 23-0450 (06/13/23) OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Amendment 3/Renewal 1 to Fort Worth City Secretary Contract No. 58751 Page 3 of 3 City of Fort Worth, Texas Mayor and Council Communication DATE: 06/13/23 M&C FILE NUMBER: M&C 23-0450 LOG NAME: 13P BLANKET COOPERATIVE AUTHORIZATION FLEET ACQUISITIONS ADK SUBJECT (ALL) Authorize Purchase Agreements with Multiple Vendors for the Purchase of Fleet Vehicles, Off -Road Vehicles, and Other Motorized Equipment up to the Amount of Available Funding in Capital Projects Across Multiple Funds Citywide using Multiple Cooperative Contracts and Interlocal Agreements for Three Years for the Property Management Department RECOMMENDATION: It is recommended that the City Council authorize the execution of purchase agreements with multiple vendors for the purchase of fleet vehicles, off road vehicles, and other motorized equipment up to the amount of available funding in Capital Projects Across Multiple Funds Citywide using multiple cooperative contracts and interlocal agreements for three years for the Property Management Department. DISCUSSION: The Property Management Department's Fleet Acquisitions Division is currently in the process of fulfilling a multi -year backlog of City vehicle and equipment purchases. The biggest challenge in trying to overcome this backlog is the availability of vendors, inventory, and the time it takes for the City to make purchases when vehicles are available. Currently, the City has a backlog of eight (8) years totaling more than $30 million dollars. The City currently has contracts with the following vendors using cooperative contracts: VENDOR �Siddons Martin Emergency Group, LLC �Siddons Martin Emergency Group, LLC �JI­Iouston Holdings, LLC �Versalift Lake Country Chevrolet North Texas Trailers, LLC Silsbee Ford Associated Supply Company (ASCO) Rogue Jet Boatworks, Inc. Lenco Industries, Inc. Polaris Sales, Inc. Nationwide Trailers, LLC �Crafco, Inc. �0Z0] ;j =1 011%9LTA WI[r] =I2Iwo BuyBoard Houston -Galveston Area Council (HGAC) BuyBoard Sourcewel I The Interlocal Purchasing System (TIPS) Buyboard TIPS BuyBoard General Services Administration (GSA) HGAC Sourcewel I BuyBoard BuyBoard However, due to limited inventory and availability, additional vendors and options are needed. Fleet Acquisitions has already identified twenty-nine additional vendors that are available through cooperatives. Approval of this Mayor & Council Communication (M&C) authorizes the City to execute contracts with any vendor that is currently listed on any valid cooperative that has one or more vehicles or pieces of equipment that is a current need for the City's fleet. This authorization would also include purchases made using Interlocal Agreements with other governmental entities. Fleet Acquisitions recently partnered with the Purchasing Division in an effort to better ensure that the City is able to purchase needed items as quickly and efficiently as possible. The Fleet team meets regularly with key personnel to ensure that specifications are appropriate for the City's fleet, costs are reasonable and acceptable, and that departments are receiving items that meet their business needs. COOPERATIVE PURCHASE and INTERLOCAL AGREEMENTS - State law provides that a local government purchasing an item under a cooperative purchasing agreement or interlocal agreement satisfies state laws requiring that the local government seek competitive bids for purchase of the item. AGREEMENT TERMS - Upon City Council approval of this M&C, the City will have authority to enter into one-time purchase agreements or annual agreements with available vendors for up to three years from the date of approval. At the expiration of three years from the date of approval, the City will seek additional authorization for any necessary contracts at that time. BUSINESS EQUITY - an M/WBE goal is not assigned when purchasing from an approved purchasing cooperative or other public entity. FUNDING - Currently, there is $42,593,019.00 in the City's budget in capital projects across multiple funds citywide for the purpose of funding fleet acquisitions. Prior to each purchase agreement or contract being executed, staff will confirm that funding is available for that purchase and is appropriated for that purpose. All existing contracts shall be amended or terminated to release encumbered funds to ensure that the City is able to make purchases with the vendors that have needed items available for purchase on a rolling basis. No guarantee has been or will be made to any vendor regarding minimum purchases. FISCAL INFORMATION / CERTIFICATION: The Director of Finance certifies that funds are available in the current capital budgets, as previously appropriated, in the Vehicle and Equip Replacement Fund, W&S Capital Projects Fund, Stormwater Capital Projects Fund, Municipal Airport Capital Proj Fund, Solid Waste Capital Projects Fund, CCPD Capital Projects Fund, ITS Capital Fund, Fleet Capital Projects Fund, Environmental Prot Cap Proj Fund, Tax Note 2019 Fund and Tax Note 2020 Fund to support the approval of the above recommendation for the purchase of vehicles and equipment. Prior to any expenditures being incurred, the Property Management Department has the responsibility to validate the availability of funds. Submitted for Citv Manaaer's Office bv: Reginald Zeno 8517 Dana Burghdoff 8018 Oriainatina Business Unit Head: Reginald Zeno 8517 Steve Cooke 5134 Additional Information Contact: Jo Ann Gunn 8525 Ashley Kadva 2047