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HomeMy WebLinkAboutContract 56012-A1First Amendment to Fort Worth City Secretary Contract No. 56012 Page 1 of 2 FIRST AMENDMENT TO PREMIER CUSTOMER ADVANTAGE PLAN AGREEMENT FORT WORTH CITY SECRETARY CONTRACT NO. 56012 This First Amendment to the PREMIER CUSTOMER ADVANTAGE PLAN AGREEMENT Fort Worth City Secretary Contract No. 56012 (“First Amendment”), is made between the CITY OF FORT WORTH (“City”), a municipal corporation and BELL TEXTRON INC. (“Vendor”), a Delaware Corporation and its duly authorized Regional Contracts Manager, each individually referred to as a “party” and collectively referred to as the “parties.” WHEREAS, City and Vendor entered into an Agreement for the Premier Customer Advantage Plan Agreement, said Agreement being identified as Fort Worth City Secretary Contract No. 56012 and having an effective date of July 13, 2021; and WHEREAS, it is the collective desire of both City and Vendor to amend the Agreement to increase compensation from by $135,000.00 for a total annual contract amount of $235,000.00 for the advantage plan; NOW THEREFORE, known by all these present, City and Vendor, acting herein by the through their duly authorized representatives, agree to the following terms, which amend the Agreement as follows: 1.The Amount of this contract shall not exceed $235,000.00 annually. 2.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] First Amendment to Fort Worth City Secretary Contract No. 56012 Page 2 of 2 Executed effective as of the date signed by the Assistant City Manager below. ACCEPTED AND AGREED: CITY OF FORT WORTH: By: ___________________________ Name: William Johnson Title: Assistant City Manager Date: _____________________ APPROVAL RECOMMENDED: By: ______________________________ Name: Robert A. Alldredge, Jr. Title: Executive Assistant Chief ATTEST: By: ______________________________ Name: Jannette Goodall Title: City Secretary 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. By: ______________________________ Name: Loraine Coleman Title: Administrative Services Manager APPROVED AS TO FORM AND LEGALITY: By: ______________________________ Name: Taylor Paris Title: Assistant City Attorney CONTRACT AUTHORIZATION: M&C: M&C 23-0558 Date: June 27, 2023 1295 Form: n/a VENDOR: BELL TEXTRON INC. By: Name: Title: Manager of Contracts Date: __________________ Official site of the City of Fort Worth, Texas CITY COUNCIL AGENDA Create New From This M&C DATE:6/27/2023 REFERENCE NO.: **M&C 23- 0558 LOG NAME: 35RATIFY EXPENDITURES AND INCREASE SPENDING AUTHORITY - BELL CODE:C TYPE:CONSENT PUBLIC HEARING:NO SUBJECT: (ALL) Authorize an Increase to City Secretary Contract No. 56012 with Bell Textron, Inc. for an Amount up to $235,000.00 Per Year in the Succeeding 4 Years of the Contract and Ratify Expenditures in the Amount of $41,331.60 for Helicopter Parts and Maintenance for the Police Department RECOMMENDATION: It is recommended that the City Council: 1. Authorize an increase to City Secretary Contract No. 56012 with Bell Textron, Inc. in the amount of $135,000.00 for a total annual contract amount of $235,000.00 for the Police Department; and 2. Ratify expenditures in the amount of $41,331.60 with Bell Textron, Inc. for helicopter parts and maintenance. DISCUSSION: The Police Department (PD) is seeking an increase to executed City Secretary Contract No. 56012 with Bell Textron, Inc. (Bell) for helicopter parts and maintenance for a term of five years. Several circumstances necessitate an increase in the annual spending authority to $235,000.00 and ratify expenditures. At the beginning of each month, and per the contract, PD Air Support sends Bell the number of helicopter flight hours utilized during the previous month. Bell invoices the City per the contract based on the number of hours reported. With two helicopters non-operational, there is an increase in the flight hours with the remaining active helicopter. The initial contract cost for this helicopter was based on a specific amount of flight hours, which is no longer sufficient based on the increased use of the helicopter and the additional required maintenance. Additionally, while the contracted hourly rate for maintenance and repair may increase 3\% annually, the asset will be post warranty period, which increases the contracted rate beginning January 1, 2024 from $178.00 to $235.00 per flight hour. PD intended that the original agreement include funding for $100,000.00 per year over its 5-year term however, the Agreement was limited to $100,000.00 in total over the 5-year term. As a result, PD Air Support division has exhausted the $100,000.00 in less than two fiscal years and received three invoices for services without a Purchase Order due to contract amount limitations being exceeded and will need to increase spending authority. This M&C seeks to increase that authority to $235,000.00 annually for the Agreement, and any subsequent renewals. In addition, PD is requesting that Council ratify expenditures in the amount of $41,331.60 for payments issued to Bell to cover the outstanding invoices. Funding is budgeted in the Fleet Service Outside Repair and Maintenance account of the Police Department's General Fund. This procurement is exempted from the competitive bidding requirements as provided under Section Page 1 of 2M&C Review 3/8/2024http://apps.cfwnet.org/council_packet/mc_review.asp?ID=31185&councildate=6/27/2023 Fund Department ID Account Project ID Program Activity Budget Year Reference # (Chartfield 2) Amount Fund Department ID Account Project ID Program Activity Budget Year Reference # (Chartfield 2) Amount 252.022(7) of the Texas Local Government Code. The Police Department submitted a Sole Source 252 Exemption Form that was approved by the City Attorney's office, therefore, the business equity goal requirement is not applicable. An administrative change order or increase may be made by the City Manager up to the amount allowed by relevant law and the Fort Worth City Code and does not require specific City Council approval as long as sufficient funds have been appropriated. Upon City Council approval, City Secretary Contract will expire on July 12, 2026. This contract may be renewed for up to one (1) five-year term at the City's option. This action does not require specific City Council approval, provided that the City has appropriated sufficient funds to satisfy the City's obligations during the renewal term. This project is located in ALL COUNCIL DISTRICTS FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that upon approval of the recommendations, funds are available in the current operating budget, as previously appropriated, in the General Fund. Prior to an expenditure being incurred, the Police department has the responsibility to validate the availability of funds. TO FROM Submitted for City Manager's Office by:Fernando Costa (6122) Originating Department Head:Neil Noakes (4212) Additional Information Contact:Keith Morris (4243) ATTACHMENTS 230522_BellTextronHelicopter Parts_Waiver_Police.pdf (CFW Internal) 35RATIFY_EXPENDITURES_AND_INCREASE_SPENDING_AUTHORITY_-_Bell.pdf (CFW Internal) Bell_Fid_Table.xlsx (CFW Internal) Page 2 of 2M&C Review 3/8/2024http://apps.cfwnet.org/council_packet/mc_review.asp?ID=31185&councildate=6/27/2023