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HomeMy WebLinkAboutContract 57009-R2A2CSC 57009 Amendment 2 / Renewal 2 Page 1 of 7 SECOND RENEWAL SECOND AMENDMENT TO FORT WORTH CITY SECRETARY CONTRACT NO. 57009 BETWEEN CITY OF FORT WORTH AND ZOLL MEDICAL CORPORATION This Second Renewal and Second Amendment is entered into by and between the City of Fort Worth ("City"), a Texas home rule municipality, and Zoll Medical Corporation ("Vendor"), each individually referred to as a "Party" and collectively as the "Parties". WHEREAS, the City and Vendor entered into an Agreement identified as Fort Worth City Secretary Contract 57009 with the initial term beginning January 18, 2022 (“Agreement”); WHEREAS, the Agreement’s current total compensation is an amount not to exceed $99,739.50; WHEREAS, the Parties both wish to renew the Agreement for a second renewal term to run from January 18, 2024 through January 17, 2025; and WHEREAS, the Parties also wish to amend the contract to increase the total annual compensation from $99,739.50 to a new total not-to-exceed amount of $150,000.00. NOW, THEREFORE, the Parties, acting herein by and through their duly authorized representatives, enter into the following agreement: I. AMENDMENTS TO AGREEMENT 1. The following terms are hereby amended to replace the corresponding terms in the Agreement and shall be binding and enforceable as if it was originally included therein, and the amended agreement shall be referred to as the Contract/Agreement in all future documents: 2. Compensation. City shall pay Vendor in accordance with the provisions of this Agreement and Exhibit “B,” Price Schedule, on a unit-of-service basis. Total annual payments made under this Agreement by City will be based on the units of service actually requested by City and provided by Vendor and shall be in an amount not to exceed one hundred and fifty thousand dollars ($150,000.00) at the per-unit prices indicated in Exhibit B. Vendor shall not perform any additional 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. II. RENEWAL The Agreement is hereby renewed for its second renewal term beginning on January 18, 2024 and ending on January 17, 2025 unless terminated earlier in accordance with the terms of the Agreement. CSC 57009 Amendment 2 / Renewal 2 Page 2 of 7 III. ALL OTHER TERMS SHALL REMAIN THE SAME All other provisions of the Contract which are not expressly amended herein shall remain in full force and effect. IV. ELECTRONIC SIGNATURE This Amendment and Renewal 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 an original. (signature page follows) (remainder of this page intentionally left blank) CSC 57009 Amendment 2 / Renewal 2 Page 3 of 7 ACCEPTED AND AGREED: CITY OF FORT WORTH: By: ___________________________ Dana Burghdoff Assistant City Manager Date: ___________________________ APPROVAL RECOMMENDED: By: ______________________________ James E. Davis Fire Chief ATTEST: By: ______________________________ Jannette Goodall 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: ______________________________ Brenda Ray Fire Purchasing Manager APPROVED AS TO FORM AND LEGALITY : By: ______________________________ Andrea Phillips Assistant City Attorney CONTRACT AUTHORIZATION: M&C: 24-0351 Date Approved: 04/23/2024 Form 1295 Certification No.: 101162882 Zoll Medical Corporation: By: ______________________________ Name: Title: CSC 57009 Amendment 2 / Renewal 2 Page 4 of 7 EXHIBIT B CSC 57009 Amendment 2 / Renewal 2 Page 5 of 7 CSC 57009 Amendment 2 / Renewal 2 Page 6 of 7 CSC 57009 Amendment 2 / Renewal 2 Page 7 of 7 Official site of the City of Fort Worth, Texas CITY COUNCIL AGENDA Create New From This M&C Fund Department ID Account Project ID Program Activity Budget Year Reference # (Chartfield 2) Amount Fund Department Account Project Program Activity Budget Reference #Amount DATE:4/23/2024 REFERENCE NO.:**M&C 24-0351 LOG NAME:36FD ZOLL RENEWAL AMMEND CODE:C TYPE:CONSENT PUBLIC HEARING:NO SUBJECT: (ALL) Authorize a Second Renewal of a Contract with Zoll Medical Corporation for Preventive Maintenance and Repair of Cardiac Monitors in the Amount of $99,739.50 and Authorize a Second Amendment to the Agreement to Add Additional Funds to the Contract in the Amount of $50,260.50 for a Total Contract Amount Not to Exceed $150,000.00 Annually RECOMMENDATION: It is recommended that the City Council: 1. Authorize execution of a second of four renewals, in the amount of $99,739.50, to City Secretary Contract No. 57009 with Zoll Medical Corporation for preventive maintenance and repair; and 2. Authorize a second amendment to City Secretary Contract No. 57009 to add additional funds in the amount of $50,260.50, for a total contract amount not to exceed $150,000.00 annually. DISCUSSION: Approval of this Mayor and Council Communication (M&C) will authorize a second renewal of City Secretary Contract No. 57009, a professional services agreement with Zoll Medical Corporation (Zoll) in the amount of $99,739.50, for preventive maintenance and repair of cardiac monitors and authorize a second amendment for additional funds in the amount of $50,260.50 for a revised contract amount not to exceed $150,000.00 annually. On October 19, 2021 (M&C 21-0807), the City Council approved an agreement in an amount not to exceed $350,000.00 for the purchase of cardiac monitors. The Fire Department executed an agreement for preventive maintenance and repair of cardiac monitors with Zoll in January 2022 (Contract 57009), as the sole source provider of these services. This was renewed for the amount of $99,739.50 in January 2023. Neither of these required City Council approval. The increase from sixty four to sixty five cardiac monitors supported and subsequent increase in costs necessitate City Council action for the approval of this second renewal and amendment to the agreement. Funding is budgeted in the General Fund for the Fire Training Department. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that upon approval of the recommendations, funds are available in the current operating budget, as appropriated, in the General Fund. Prior to an expenditure being incurred, the Fire Department has the responsibility to validate the availability of funds. TO FROM Page 1 of 2M&C Review 4/23/2024http://apps.cfwnet.org/council_packet/mc_review.asp?ID=32058&councildate=4/23/202 4 ID ID Year (Chartfield 2) Submitted for City Manager's Office by:Dana Burghdoff (8018) Originating Department Head:Jim Davis (6801) Additional Information Contact: ATTACHMENTS 36FD ZOLL RENEWAL AMMEND.docx (CFW Internal) 36FD ZOLL RENEWAL AMMEND.xlsx (CFW Internal) Fort Worth FD Warranty Form 1295 Certificate 101162882 Signed 2-13-2024 (1).pdf (CFW Internal) M_C_21-0807_ITB_21-0210_Cardiac_Monitors___Accrs.pdf (CFW Internal) Page 2 of 2M&C Review 4/23/2024http://apps.cfwnet.org/council_packet/mc_review.asp?ID=32058&councildate=4/23/202 4