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HomeMy WebLinkAboutContract 50313 I�C CSC No. `� " v Iy F� J ORTH CITY OF FORT WORTH COOPERATIVE PURCHASE CUSTOMER AGREEMENT This Cooperative Purchase Customer Agreement("Customer Agreement")is entered into by and between Tetra Tech, Inc., ("Vendor")and the City of Fort Worth, ("Customer"or"Authorized Customer"), a home-rule municipal corporation situated in Tarrant, Denton and Wise Counties,Texas, and an End User as defined in Article 1 of the agreement between Houston—Galveston Area Council(H-GAC)and Tetra Tech, Inc., Contract No. HP08-17,with an effective date of August 1, 2017. This Customer Agreement shall be governed by the terms and conditions of the H-GAC Agreement,attached hereto as Exhibit "A". The H-GAC Agreement expires on July 31,2020, subject to extension by mutual agreement of H-GAC and Vendor. The Customer is eligible and desires to purchase services as stated in the Scope of Work and Timeline, Section Six(6)of the Vendor's Proposal, attached hereto as Exhibit"B,"pursuant to the terms and conditions of the H-GAC Agreement, as well as the terms and conditions of this Customer Purchase Agreement. H-GAC will only be responsible for services provided to H-GAC and will not be responsible for payments for services provided to any individual Customer. The Customer agrees to the terms and conditions of the H-GAC Agreement as applicable.Vendor agrees that Customer shall be entitled to the same rights and protections under the law afforded to the H-GAC under the H-GAC Agreement,as applicable, as if Customer had entered into the H-GAC Agreement.The Vendor agrees to the Terms and Conditions which are attached as Exhibit"C"and incorporated herein by reference. In the event of any conflict between the Terms and Conditions of Exhibit "C" and the terms and conditions of the H-GAC Agreement, the terms and conditions of Exhibit"C" shall control. Further, Vendor agrees that until the expiration of three (3) years after final payment under this Customer Agreement, or the final conclusion of any audit commenced during the said three years, Customer, or Customer's designated representative, shall have access to and the right to audit at reasonable times,all records involving transactions relating to this Customer Agreement necessary to determine compliance therewith, at no additional cost to the Customer. Vendor agrees that the Customer shall have access to such records during normal business hours. Customer shall provide Vendor with reasonable advance notice of any intended audits. The undersigned represents and warrants that he/she has the power and authority to execute this Customer Agreement, bind the respective Authorized Customer, and that the execution and performance of this Customer Agreement has been duly authorized by all necessary Authorized Customer action by M&C C-28561 approved on 1/30/2018 Authorized Customer has c=POY uAgreement to be executed by its duly authorized representative to be effective as of this�d k day of Customer Name: City of Fort Worth Vendor Name: Authori ed Signatur Authori ed Signatu e Print Name: Printed e. �—' Jonathan Bu iel Title: t n Title iLA Vice President/Operations Manager Date: taDate: January 31,2018 Approved as to Form and Legality: ,V FORS' Assistant City Attorney Attest City S cretary O f '♦ t L RECORD CRETARYRTHY TX City of Fort Worth 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. Rm, Name of Employee &5sf-s4an4 Pi re Uifell Title .M&C Review Page 1 of 2 Official CITY COUNCIL AGENDA FORT TII COUNCIL ACTION: Approved on 1/30/2018 REFERENCE ** 36CONTINUITY OF DATE: 1/30/2018 NO.: C-28561 LOG NAME: OPERATIONS CBR CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: Authorize Execution of a Contract with Tetra Tech, Inc., Using Houston-Galveston Area Council Cooperative Contract HP08-17 for an Amount Up to $124,755.00 for the Development of the Continuity of Operations Plan for the Fire Department (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council authorize the execution of a Contract with Tetra Tech, Inc., using Houston-Galveston Area Council Cooperative Contract No. HP08-17 for an amount up to $124,755.00 for the development of the Continuity of Operations Plan for the Fire Department. DISCUSSION: The Fire Department, Office of Emergency Management plans to use this Contract for the development of the Continuity of Operations Plan (COOP) to enhance the City's capabilities to facilitate the performance of mission essential functions during and after an emergency or disaster. The recommended firm, if awarded, will assess the risk and vulnerability within the City's operations, procedures, City facilities, and infrastructure, assess communications and provide recommendations supporting sustained communications, identify a primary and alternate facility with alternate operating capabilities, develop employee guidelines upon activation of the plan, development processes for the continuation of mission essential functions, develop processes for the restoration of normal operation to include all assets and systems, develop a comprehensive plan with recommendations for updating and testing the plan on an annual basis, and, provide training and table-top exercises. The COOP development will involve (18) City departments. A Request for Offer (RFO)was issued on October 16, 2017 to (30) firms awarded under the Houston- Galveston Area Council (H-GAC) Contract No. HP08-17 (All Hazard, Preparedness, Planning, Consulting and Recovery Services). The RFO provided detailed specifications describing the City's needs. Six firms provided responses. The offers were rated on a pre-determined best value scale. Firms were rated on standards such as experience, qualifications, technical approach, planning and price. Tetra Tech, Inc., received the overall highest averaged score. Staff agrees it will provide a better product and its price is fair and reasonable. The COOP project will be funded by 2016 Urban Area Security Initiative Grant Funds (Direction and Control Project), which were approved by City Council on November 8, 2016, Mayor and Council Communication (M&C G-18875). The Grant is a reimbursable grant and matching funds are not required. Indirect costs are not applicable. COOPERATIVE PURCHASE - State law provides that a local government purchasing items under a Cooperative Purchasing Agreement satisfies state laws requiring that the local government seek competitive bids for purchase of the items. H-GAC Contract No. HP08-17 has been competitively bid to increase the purchasing power of government entities and to simplify the bidding process. ADMINISTRATIVE CHANGE ORDER -An Administrative Change Order or increase may be made by the City Manager for the Contract in an amount up to $31,188.75 and does not require specific City Council approval as long as specific funds have been appropriated. M/WBE OFFICE: A waiver of the goal for the MBE/SBE subcontracting requirements was requested http://apps.cfwnet.org/council_packet/mc review.asp?ID=25542&councildate=1/30/2018 2/1/2018 -M&C Review Page 2 of 2 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. CONTRACT TERMS- Upon City Council's approval, the Contract will begin upon execution by the City Secretary's Office. This Contract will serve ALL COUNCIL DISTRICTS. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that funds are available in the current operating budget, as appropriated, of the Grants Operating Federal Fund and that prior to an expenditure being incurred, the Fire Department has the responsibility to validate the availability of funds. TO [Fun"ePartment Account Project Program Activity Budget Reference# Amount ID ID Year Chart geld 2 FROM Fund Department Account Project Program Activity Budget Reference# Amount ID ID Year Chartfield 2 Submitted for City Manager's Office by: Valerie Washington (6199) Originating Department Head: Rudy Jackson (6801) Additional Information Contact: Rudy Jackson (6801) ATTACHMENTS Form 1295 Certificate 100314466 (Executed).pdf http://apps.cfwnet.org/council_packet/mc review.asp?ID=25542&councildate=1/30/2018 2/1/2018 C-A!KSLq � CERTIFICATE OF INTERESTED PARTIES FORM 1295 10f1 Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2018-301624 Tetra Tech, Inc. Houston,TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 01/11/2018 being filed. City of Fort Worth,Texas Date Acknowledged. 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a description of the services,goods,or other property to be provided under the contract. Bid Number 17-0370 Continuity of Operations Plan 4 Nature of interest Name of Interested Party City,State,Country(place of business) (check applicable) Controlling Intermediary 5 Check only if there is NO Interested Party. ❑ X 6 UNSWORN DECLARATION My name is Jonathan Burgiel,Vice President/Operations Manager and my date of birth Is May 10 My address is 2301 Lucien Way,Suite 120 Maitland FL 32751 USA (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed inOran a County, State of Florida —on the 11th day of January 12017 \_� 't C C_. r (month) (Year) Notary PUM Stab el Flour My COMMmbn FF OKW ar �.ONWMS Signature o a orized agent of contr cti g business entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.3337