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HomeMy WebLinkAboutContract 46298 City Secretary Contract No. � Rebate Agreement THE CITY OF FORT WORTH, TEXAS (herein "Principal Procurement Agency") has entered into a Master Agreement effective JANUARY 1, 2015, Agreement Number 14-0121, by and between the Principal Procurement Agency and Supplier, (as may be amended from time to time in accordance with the terms thereof, the "Master Agreement"), for the purchase of MOTOR FUELS AND AVIATION FUELS (herein "Product"). Based upon its marketing of the Master Agreement, National Intergovernmental Purchasing Alliance Company ("National IPA") receives administrative fees from the Supplier and based upon such administrative fees shall make an annual rebate payment ("PPA Rebate") to Principal Procurement Agency. The annual PPA Rebate for the Master Agreement shall be equal to 8.333% of National IPA's administrative fees received for purchases of Product for each contract year under the Master Agreement. The PPA Rebate shall be remitted to Principal Procurement Agency either no later than 45 days after the end of the respective Master Agreement fiscal year for which a PPA Rebate is required or no later than 45 days after National IPA receives, from the respective Supplier(s), all administrative fees due for the applicable Master Agreement contract year, whichever is later. Each annual PPA Rebate payment from National IPA shall include a remittance report detailing the calculation for the applicable contract year's PPA Rebate. Principal Procurement Agency represents and warrants that its receipt of the PPA Rebate complies will federal, state and local law, including but not limited to any and all state specific procurement laws. This Rebate Agreement shall commence on the 1 ST day of JANUARY 2015 and remain in effect for the complete term and any renewal period(s), where applicable, of the Master Agreement. The annual PPA Rebate specified in the Agreement shall be remitted to PPA exactly as shown below: City of Fort Worth, Texas Name of PPA as it shall Appear on Actual Remittance Address Where Remittance is to be mailed: Fleet Manager City of Fort Worth OFFICIAL RECORD CITY SECRETARY 4100 Columbus Trail FT.WORTN9 TX Fort Worth, Texas 76133 RECEIVED DEC 2 9 PM. Rebate Agreement, continued The Principal Procurement Agency agrees to allow National IPA to utilize its name in promotional and marketing materials for National IPA and for the Master Agreement to Participating Public Agencies and Suppliers (both terms as defined in the Master Agreement). National IPA agrees that all Master Agreement marketing materials are subject to review by the Principal Procurement Agency. Authorized Signature, Principal Procurement Agency NATIONAL INTERGOVERNMENTAL P R SING ALLIANCE COMPANY OJ&�� -Sig ature Signature Assistant City Manager Ward H. Brown Title Name Susan Alanis Chief Operating Officer Printed Name Title 12-I2-`1I � I � 1� 11�6 � �"1 Date Date ATTEST: � F�®��, By' S�' a 8� ° City Secretary �gD APPROVED AS TO FORM AND LEGALIT �oGo 0000 r ( l By: ..;1�Qt ���z Assistant City Attorney CONTRACT AUTHORIZATION: M&C: P-11716 Date Approved: December 2, 2014 [OFFICIAL RECORD CITY SECRETARY �T WORTIi,TX 2 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 12/2/2014 DATE: Tuesday,December 02, 2014 REFERENCE NO.: P-11716 LOG NAME: 13P14-0121 FUELS DG SUBJECT: Authorize Agreements with the National Intergovernmental Purchasing Alliance,Mansfield Oil Company, Martin Eagle Oil Company,Inc., and Truman Arnold Oil Companies in the Annual Amount of City of Fort Worth Expenditures Up to$9,000,000.00 for Motor Fuels and Aviation Fuels for the Equipment Services Department and Other National Public Agencies (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council authorize Agreements with the National Intergovernmental Purchasing Alliance, Mansfield Oil Company,Martin Eagle Oil Company,Inc., and Truman Arnold Oil Companies in the annual amount of City of Fort Worth expenditures up to$9,000,000.00 for motor fuels and aviation fuels for the Equipment Services Department and other national public agencies as follows: 1.Award Non—Exclusive Purchase Agreements with Mansfield Oil Company,Martin Eagle Oil Company,Inc., and Truman Arnold Oil Companies for the City of Fort Worth; 2.Award a multiple national award to Mansfield Oil Company, Martin Eagle Oil Company,Inc., and Truman Arnold Oil Companies for all motor fuels and aviation fuels requested in the Request for Proposal and any future fuels added by amendment. Martin Eagle Oil Company,Inc.,is recommended for an award as a supplier for Collin,Dallas,Denton and Tarrant Counties,and Mansfield Oil Company and Truman Arnold Companies are recommended for award as suppliers for all forty—eight contiguous United States; and 3.Authorize a Rebate to Principal Procurement Agency Agreement with National Intergovernmental Purchasing Alliance. DISCUSSION: The Equipment Services Department and other public agencies throughout the United States will use these Agreements to obtain unleaded, diesel and Jet—A fuels to supply and operate equipment. No guarantee was made that a specific amount of these fuels would be purchased.Unleaded and diesel fuel will be used by various City departments.The Jet—A aviation fuel will be used by the Police Department. The City previously awarded separate Agreements for unleaded fuels and diesel fuels on November 10,2009 (M&C P-11056) and for Jet—A aviation fuel on June 7,2011 (M&C P-11241).The previous Agreements were competitively bid.During the previous year,the City purchased approximately $5,831,859.00 of motor fuels and approximately$118,000.00 of Jet—A aviation fuels.The additional estimated annual amount listed in this action is requested to cover potential increases in prices and volumes over the five year term of the Agreement. A price change of 50 cents per gallon can impact the annual expenditures by $1,000,000.00. Other public agencies participating in the previous Agreements have purchased approximately 21,000,000 gallons of motor fuels. Based on the new Motor Fuel Agreement,the City of Fort Worth will save approximately$38,000.00 annually over previous Motor Fuel Agreements as a direct result of the increased volume by participation of the other public agencies. Under the Rebate to Principal Procurement Agency Agreement,the City of Fort Worth will receive 8.333 percent of a one—cent administration fee to be paid to National Intergovernmental Purchasing Alliance(National IPA)by the petroleum vendors for each gallon of fuel sold under these national cooperative contracts. This rebate could generate approximately$42,000.00 annually in revenue to the City.The City will have no liability or responsibility for purchases by other public agencies. This Motor Fuel and Aviation Fuel Non—Exclusive Purchase Agreement was bid as a National Cooperative Purchasing Request for Proposals (RFP)to develop and encourage cooperative purchasing efforts to reduce the cost of motor and aviation fuel to the City and other public agencies.The RFP included estimated annual quantities from current public agencies using the contract and allowed for quantities additional new agencies may have under the contract with a total estimated quantity of 50 million gallons. The RFP evaluation factors included responsiveness and clarity of proposal,ability to meet City of Fort Worth specifications,the National Program,vendor qualifications and contract cost. Representatives of the City's Equipment Services,Fire,Police, Transportation and Public Works and Water Departments evaluated the proposals received and found Mansfield Oil Company,Martin Eagle Oil Company,Inc.,and Truman Arnold Oil Companies to be the best evaluated firms for awards of the Agreements. BID ADVERTISEMENT—This bid was advertised in the Fort Worth Star—Telegram every Wednesday starting on June 4,2014 through July 9,2014.Eighty—eight vendors were solicited from the purchasing database; seven responses were received. M/WBE OFFICE—A waiver of the goal for MBE/SBE subcontracting requirements was requested by the Purchasing Division and approved by the M/WBE Office,in accordance with the BDE Ordinance,because the purchase of goods or services is from sources where subcontracting or supplier opportunities are negligible. ADMINISTRATIVE CHANGE ORDER—An administrative change order or increase may be made by the City Manager in the amount up to$50,000.00 and does not require specific City Council approval as long as sufficient funds have been appropriated. AGREEMENT TERM—Upon City Council approval,these Agreements shall have an initial term of five years beginning on November 19, 2014 and ending on November 18, 2019. RENEWAL OPTIONS —These Agreements may be renewed for up to four successive one—year terms at the City's option.This action does not require specific City Council approval,provided the City Council has appropriated sufficient funds to satisfy the City's obligation during the renewal term. FISCAL INFORMATION: The Financial Management Services Director certifies that funds are available in the current operating budget, as appropriated, of the Equipment Services Fund. BQN\14-0121\DG FUND CENTERS: TO Fund/Account/Centers FROM Fund/Account/Centers CERTIFICATIONS: Submitted for City Manager's Office by: Susan Alanis (8180) Originating Department Head: Aaron Bovos (8517) Additional Information Contact: Jack Dale (8357) Darian Gavin (2057) ATTACHMENTS 1. MWBE Waiver 14-0121.12df