HomeMy WebLinkAboutContract 54042 A CSC No. 54042
RECEIVED
JUN 2 2 2020 FORT NORTH
CITY OF FORT WORTH
CITY SECRETARY
CITY OF FORT WORTH
PURCHASE AGREEMENT BASED UPON AN INTERLOCAL AGREEMENT BETWEEN
THE CITY OF FORT WORTH AND PINNACLE PEAK HOLDING CORPORATION
WHEREAS Section 271.102 of the Texas Local Government Code allows Local Governments to pursue
mutually beneficial and cooperative purchasing programs; and
WHEREAS, pursuant to Chapter 791 of the Texas Government Code and Subchapter F, Chapter 271 of
the Texas Local Government Code, the City of Fort Worth (City), a Texas home-rule municipality and
City of Austin, Texas have entered into an Interlocal Cooperative Purchasing Agreement on October 21,
2015 which provides that when the one of the Local Government Entities enters into a contract with a
Vendor for goods and services, the other Local Government is able to enter into a Purchase Agreement
with the Vendor under the same terms and conditions offered to the Original Local Government Entity so
long as the Vendor is agreeable (Copy Attached as Exhibit A);
WHEREAS Pinnacle Peak Holding Corporation (Vendor) responded to BID IFB 6400 EAD1004 issued
by The City of Austin agreeing to allow other Local Governmental Entities to enter into a Purchase
Agreement with Vendor under the same terms and conditions as those contained in the BID. (Copy
attached as Exhibit B);
NOW THEREFORE, City and Vendor each of which will individually be referred to as a "Party" and
collectively as the"Parties entered into this Purchase Agreement by and between Pinnacle Peak Holding
Corporation dba Setcom Corporation("Vendor") and the City of Fort Worth, ("City"),
The Parties agree that any references to the City of Austin in Exhibit B shall be construed as the City of
Fort Worth for the purposes of this Agreement and all rights, benefits, duties, and obligations shall inure
to the City as if the contract in Exhibit B were originally executed between the City and Vendor. This
shall specifically include any requirements imposed on Vendor by virtue of Austin City Ordinance
included in Exhibit B.
The Agreement includes the following documents which shall be construed in the order of precedence in
which they are listed:
1. Exhibit A— Agreement between the City of Fort Worth and City of Austin;
2. Exhibit B— Contract between the City of Austin and Pinnacle Peak Holding
Corporation for Setcom Brand Parts and Accessories identified as Contract
No. ; MA - 6400 - GA190000064
3. Exhibit C— Vendor's Pricing
4. Exhibit D— Conflict of Interest Questionnaire. EFT.
OFFICIAL REC
RET RTC T
INTERLOCAL AGREEMENT PINNACLE PEAK HOLDING CORPORATION ---
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Exhibits A, B, C and D which are attached hereto and incorporated herein, are made a part of this
Agreement for all purposes.Vendor agrees to provide City with the services and goods included in Exhibit
B pursuant to the terms and conditions of this Cooperative Purchase Agreement, including all exhibits
thereto. In the event of a conflict between Exhibit B and this Agreement or Exhibit A,then this Agreement
and Exhibit A shall control.
City shall pay Vendor in accordance with the fee schedule in Exhibit C and in accordance with the
provisions of this Agreement. Total payment made under this Agreement for the first year by City shall
be in the amount of Fifty-four thousand three hundred thirty one dollars and seventy five cents
($54,331.75). Vendor shall not provide any additional items or 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.
The term of this Agreement shall be for one year beginning on January 9, 2020 and ending on
September 2, 2020 to coincide with the Austin agreement. City shall be able to renew this agreement for
four(4) one-year renewal options by written agreement of the parties.
Vendor agrees that City shall, until the expiration of three (3) years after final payment under this
Agreement, or the final conclusion of any audit commenced during the said three years, have access to
and the right to examine at reasonable times any directly pertinent documents and records of Vendor
involving transactions relating to this Agreement.Vendor agrees that City shall have access during normal
working hours to all necessary Vendor facilities subject to Vendor's reasonable rules and regulations while
at Vendor's facilities, and shall be provided adequate and appropriate work space in order to conduct
audits in compliance with the provisions of this section. City shall give Vendor reasonable advance notice
of intended audits,and all such audits shall be conducted on regular business days during Vendor's regular
business hours in a manner that will not unreasonably interfere with Vendor's operations at its facilities.
City's auditors shall present proper credentials to the manager of Vendor's facility at the time that they
are admitted to such.
This Agreement shall be construed in accordance with the laws of the State of Texas. If any action,
whether real or asserted, at law or in equity, is brought pursuant to this Agreement, venue for such action
shall lie in state courts located in Tarrant County,Texas or the United States District Court for the Northern
District of Texas, Fort Worth Division.
Notices required pursuant to the provisions of this Agreement shall be conclusively determined to
have been delivered when (1) hand-delivered to the other party, its agents, employees, servants or
representatives,(2)delivered by facsimile with electronic confirmation of the transmission,or(3)received
by the other party by United States Mail, registered, return receipt requested, addressed as follows:
INTERLOCAL AGREEMENT PINNACLE PEAK HOLDING CORPORATION
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To CITY: To VENDOR:
City of Fort Worth Pinnacle Pe olding Corporation dba Setcom
Attn: Jesus J. Chapa, Deputy City Manager Cor n.
200 Texas Street Title
Fort Worth, TX 76102-6314 C7 r 4-
Facsimile: (817) 392-8654 0��5 {�«��,�� Xe`Q�
Facsimile:
With copy to Fort Worth City Attorney's Office at
same address
[SIGNATURES FOLLOW]
INTERLOCAL AGREEMENT PINNACLE PEAK HOLDING CORPORATION
Page 3 of 33
The undersigned represents and warrants that he or she has the power and authority to execute this
Agreement and bind the respective Vendor.
CITY OF FORT WORTH:
CONTRACT COMPLIANCE MANAGER:
By signing I acknowledge that I am the person
Jesus J.Chapa(Jun 19,2020 10:47 CDT)
By: responsible for the monitoring and administration
Name: Jesus J. Chapa of this contract, including ensuring all performance
Title: Deputy City Manager and reporting requirements.
Date: A Ja Digitally signed by Aja
Robertson
Robertson Date:2020.06.11
APPROVAL RECOMMENDED: By: 08:30:36-De'Oo'
Name: A'ja Robertson
R i i�L o Title: Buyer I
Reg1 ald Zeno(Jun 19,2020 08:51 CDT)
By: APPROVED AS TO FORM AND LEGALITY:
Name: Reginald Zeno
Title: Chief Financial Services Officer
pv�6' ?.
ATTEST: "' ` '"'' Tay! aris(Jun 19,202008:55 CDT)
C• `°✓� By. Name:
i Title: Assistant City Attorney
;.i
By: CONTRACT AUTHORIZATION:
Name: M&C: N/A
Title: City Secretary
VENDOR:
Pinnacle Peak Holding Corporation dba Setcom ATTEST:
Corporation.
By:
By: Name:
Name: r Title:
Titl 4'v
Date:
FT.WORTH.11.'I's
INTERLOCAL AGREEMENT PINNACLE PEAK HOLDING CORPORATION
Page 4 of 33
EXHIBIT A
AGREEMENT BETWEEN THE CITY OF FORT WORTH AND CITY OF AUSTIN
City of Fort Worth &Austin °v � `
AW
Cooperative Purchasing Agreement
ICRfio
COOPERATIVE PURCHASING AGREEMENT
This Cooperative Purchasing Agreement ("Agreement") is made and entered into as of the last
date written below between the City of Austin ("Austin"), and the City of Fort Worth,Texas
("Fort Worth").
Both Austin and Fort Worth have each determined a need for a cooperative agreement to
purchase like goods and services to avoid duplicate procurement efforts and obtain the benefits
of volume purchasing.
Austin and Fort Worth are authorized by Section 271.102 of the Texas Local Government Code
to pursue mutually beneficial and cooperative purchasing programs.
The Parties therefore agree as follows:
1. Purpose. The purpose of this Agreement is to provide Austin and Fort Worth with additional
purchasing options by satisfying the provisions of Section 271.102 of the Texas Local
Government Code.
2. Purchasing Procedure.
2.1. Designated Representative. The parties agree that each of the parties shall respectively
designate a person to act under the direction of, and on behalf of, the designating party
(the"Designated Representative").
2.2. Vendor Agreement. A party that enters into a contract with a vendor for goods or
services (the"First Purchasing Party") shall attempt to obtain the vendor's agreement to
offer those goods and services to the other party (the"Second Purchasing Party")for the
same price and on the same terms and conditions as have been offered to the First
Purchasing Party. If the vendor so agrees, and if the Second Purchasing Party is
agreeable to such terms and conditions, the Second Purchasing Party may enter into its
own separate contract with the vendor for the purchase of such goods or services.
2.3. Payments and Contract Monitoring. Unless otherwise agreed between the Designated
Representatives,payments for a purchase made by the Second Purchasing Party shall be
paid directly to the vendor and not to the First Purchasing Party. The Second Purchasing
Party shall determine whether the vendor has complied with any provisions in its
contract with the vendor, including but not limited to those relating to the quality of
items and terms of delivery, and shall be responsible for enforcement of its contract
against the vendor, including all cost of enforcement.
2.4. No Obligation.Execution of this Agreement does not obligate Austin or Fort Worth to
make any purchase, to pay any membership fee or to otherwise incur any cost or
obligation.
f �
Page 1 of 3 INTERLOCAL AGREEMENT PINNACLE P AK 1QTIOI
Page 5 of 3
City of Fort Worth &Austin
Cooperative Purchasing Agreement
3. Miscellaneous.
3.1. Duration. This Agreement is effective on the date of the last signature below and shall
automatically renew annually until terminated by either party.
3.2. Termination. Either party may terminate this Agreement, without cause or penalty,
upon not less than thirty days written notice to the other party.
3.3. Alteration. This Agreement may not be altered, amended, or modified except
with written agreement from both of the Parties.
3.4. Governing Law and Venue. This Agreement will be subject to all applicable federal,
state and local laws, ordinances, rules and regulations. If any action arises based on any
provision of this Agreement, venue for such action shall lie in state or federal courts in
accordance with the laws of the State of Texas.
3.5. Interpretation. The parties acknowledge that each party and, if it so chooses, its counsel
have reviewed and revised this Agreement and that the normal rule of construction to the
effect that any ambiguities are to be resolved against the drafting party must not be
employed in the interpretation of this Agreement or any amendments or exhibits hereto.
3.6. Severability. If any term or provision of this Agreement is held to be illegal, invalid or
unenforceable, the legality, validity or enforceability of the remaining terms or
provisions of this Agreement shall not be affected thereby, and in lieu of each such
illegal, invalid or unenforceable term or provision, the parties shall endeavor to agree to
a legal, valid or enforceable term or provision as similar as possible to the term or
provision declared illegal, invalid or unenforceable.
3.7. Agreement Execution and Authority. This Agreement may be executed in multiple
counterparts, each of which shall be deemed an original, and all of which shall constitute
but the same instrument. The undersigned officers or agents are authorized to execute
this Agreement on behalf of the parties, and each party certifies to the other that any
necessary actions extending such authority have been duly passed and are now in full
force and effect.
3.8. Notice.All notices, requests, demands, and other communications required or permitted
under this Agreement must be in writing. Notice will be deemed received if delivered
personally or sent by registered or certified mail, return receipt requested, postage
prepaid, to the respective city representative set out below, or his/her designee.
3.9. Headings. The headings in this Agreement are for reference purposes only and are not
intended to affect the meaning or interpretation of the Agreement in any way.
Page 2 of 3 INTERLOCAL AGREEMENT PINNACLE PEAK HOLDING CORPORATION
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City of Fort Worth &Austin
Cooperative Purchasing Agreement
EXECUTED this day of °- , 2015.
CITY OF FORT WORTH CITY OF AUSTIN
1000 Throckmorton Street P.O. Box 1088
Fort Worth,Texas 02 Austin, Texas... J .78767-1088
By:
B y.
S� s Alanis �°i ° �.
Title: Assistant City Manager Title: P khAt'tkm C.) ""°
� 2i ......
._
APPROVED AS TO
FORM AND LEGALITY:
Assistant City Attorney Assistant City Attorney
OR
ate,_
�°
M&C P-10710 Januar 15 200&,� � 1 aa o%'A
Contract Authorization ° "°
Q
Mary J. Ka er, City S'&cretary .10 00u,
Date
e I d AAff
Page 3 of 3 INTERLOCAL AGREEMENT PINNACLE PEAK HOLDING CORPORATION
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M&C Review Page 1 of 2
Official site of the City of Fort Worth,Texas
AM I Fi`lE1T'A"�1RT11
COUNCIL ACTION: Approved on 1/15/2008
DATE: 1/15/2008 REFERENCE NO.: **P-10710 LOG NAME: 13P07-0130
CODE: P TYPE: CONSENT PUBLIC HEARING: NO
SUBJECT: Authorize Cooperative Purchasing Agreements for Goods and Services Between the City
of Fort Worth, Local Governments and Local Cooperative Organizations Authorized by the
Texas Local Government Code
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute Cooperative
Purchasing Agreements for goods and services between the City of Fort Worth, local governments
and local cooperative purchasing organizations authorized by the Texas Local Government Code.
DISCUSSION:
The Purchasing Division will use this authorization to contract with local governments and local
cooperative organizations to obtain goods or services. The use of these contracts allows the City of
Fort Worth to take advantage of lower prices without the cost of competitive bidding by obtaining
access to existing competitively procured contracts with entities such as Tarrant County, Houston-
Galveston Area Council, Texas Association of School Boards' Local Government Purchasing
Cooperative and U.S. Communities.
This authorization will allow other local governments such as Tarrant County, the City of Arlington
and the City of Grand Prairie to participate in contracts awarded by the City of Fort Worth that may
result in the addition of other entities' quantities at the next bidding opportunity. Increasing the volume
of goods and services bid increases the possibility of lower prices to the City through greater
economies of scale. Either of the contract participants may terminate the agreement with written
notice to the other party.
Section 271.102(a) of the Texas Local Government Code allows local governments to participate in
cooperative purchasing programs. Section 271.102(c) of the Code provides that a local government
purchasing goods or services under a cooperative purchasing program satisfies any state law
requiring that the local government seek competitive bids for purchase of the goods or services. The
contracts for goods and services have been competitively bid to increase and simplify the purchasing
power of local governments across the State of Texas.
The Law Department recommends that the Purchasing Division review these agreements
periodically. The last M&C regarding execution of agreements with these cooperatives was approved
on March 27, 2001 (M&C C-18510). Going forward these agreements will be reviewed every five
years.
INTERLOCAL AGREEMENT PINNACLE PEAK HOLDING CORPORATION
Page 8 of 33
http://apps.cfwnet.org/council_packet/mc—review.asp?ID=8981&councildate=1/1 5/2008 11/3/2015
M&C Review Page 2 of 2
Approval of this Mayor and Council Communication will not commit the City to spend any funds.
Purchases exceeding the administrative procurement threshold provided in the City Code of
Ordinances will be presented to Council for authorization as required.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that the execution of these cooperative purchasing agreements will
have no material effect on City funds.
BQN\07-0130\KDK
TO Fund/Account/Centers FROM Fund/Account/Centers
Submitted for City Manager's Office by: Karen Montgomery (6222)
Originating Department Head: Lena Ellis (8517)
Additional Information Contact: Jack Dale (8357)
ATTACHMENTS
INTERLOCAL AGREEMENT PINNACLE PEAK HOLDING CORPORATION
Page 9 of 33
http://apps.cfwnet.org/council_packet/mc review.asp?ID=8981&councildate=l/15/2008 11/3/2015
EXHIBIT B-
AGREEMENT BETWEEN CITY OF AUSTIN AND PINNACLE PEAK
CORPORATION DBA SETCOM CORPORATION FOR SETCOM PARTS
AND ACCESSORIES
st)tcom
July 10,2019
Erin D'Vincent
Procurement Supervisor
City of Austin,Municipal Building
124 W 8'Street,Rm. 308
Austin,TX 78701
RE: Solicitation No: IFB 6400 EAD1004
Requisition No: 19010700195
Dear Ms.D'Vincent,
Thanks for the opportunity to reply to solicitation IFB 6400 EAD1004 for Setcom Parts and Accessories.
As background, Setcom Corporation is a leading manufacturer of communications equipment and radio
accessories for police motorcycle officers, firefighters, military personnel, and industrial users. Setcom
invented the first Police Motorcycle ComKit back in 1970. While others have come and gone, Setcom has
dominated the market for nearly 45 years with quality and innovation. With 1,000s of motor officers
currently riding with Setcom equipment today, we are by far the leader for police motorcycle
communications gear.
Setcom's equipment is in use in all 50 states and over 20 countries worldwide. Major U.S. agencies include
Austin PD (TX), Atlanta PD (GA), Las Vegas PD (NV), Charlotte-Mecklenburg PD (NC), Mobile Police
Department (AL), Baltimore City PD (MD), Philadelphia PD (PA), Detroit Police Department (MI) among
others.
Please note that because Setcom products are of a specialized nature, they are typically
manufactured on a build-to-order basis. This means that average delivery times are 20 calendar
days. No other vendors would be able to deliver Setcom products on a faster basis. Setcom has
been supplying the City of Austin on this basis for a number of years without issue.
Setcom looks forward to continuing to provide the City of Austin and allied municipalities the
highest quality communications equipment.
Please do not hesitate to contact me with any questions about this matter.
Regards,
Doug Sartin
Outside Account Executive
Enclosures:
3019 Alvin DeVane, Suite 560 • Austin,TX 78741 USA
Ph(650)965-8020 Fax(650)965-1193
INTERLOCAL AGREEMENT PINNACLE PEAK HOLDING CORPORATION
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• Signed Offer Sheet
• Completed/Signed 0600 Bid Sheet
• Signed Section 0605 Local Business Presence
• Completed Section 0700 References
• Signed Section 0800 Non-Discrimination and Non-Retaliation Cert
• Signed Section 0835 Non-Resident Bidder
INTERLOCAL AGREEMENT PINNACLE PEAK HOLDING CORPORATION
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CITY OF AUSTIN, TEXAS
Purchasing Office
INVITATION FOR BID (IFB)
OFFER AND ACCEPTANCE SHEET
SOLICITATION NO: IFB 6400 EAD1004 COMMODITY/SERVICE DESCRIPTION: Setcom Parts &
Accessories
DATE ISSUED: July 1, 2019
PRE-BID CONFERENCE TIME AND DATE: NIA
REQUISITION NO.: 19010700195
COMMODITY CODE: 72559 BID DUE PRIOR TO: July 23, 2019, 2:00 PM Central Time
FOR CONTRACTUAL AND TECHNICAL BID OPENING TIME AND DATE: Juiy 23, 2019, 3:00 PM Central
ISSUES CONTACT THE FOLLOWING Time
AUTHORIZED CONTACT PERSON:
LOCATION: MUNICIPAL BUILDING, 124 W 81h STREET
Erin D'Vincent RM 308, AUSTIN, TEXAS 78701
Procurement Supervisor
Phone: (512) 974-3070
E-Mail: erin.dvincent austintexas, ov
LIVE BID OPENING ONLINE:
For information on how to attend the Bid Opening online,please select
this link:
http://www.austintexas.gov/department/bid-opening-webinars
When submitting a sealed Offer andlor Compliance Plan,use the proper address for the type of service desired,
as shown below:
Address for US Mail (Only) Address for FedEx, UPS, Hand Delivery or Courier Service
City of Austin City of Austin, Municipal Building
Purchasing Office-Response Enclosed for Solicitation#IFB Purchasing Office-Response Enclosed for Solicitation#IFB 6400 EAD1004
6400 EAD1004
P.O. Box 1088 124 W 81h Street, Rm 308
Austin,Texas 78767-8845 Austin,Texas 78701
Reception Phone: (512)974-2500
NOTE: Offers must be received and time stamped in the Purchasing Office prior to the Due Date and Time.It is the
responsibility of the Offeror to ensure that their Offer arrives at the receptionist's desk in the Purchasing Office prior to the
time and date indicated.Arrival at the City's mailroom, mail terminal,or post office box will not constitute the Offer arriving
on time.See Section 0200 for additional solicitation instructions.
All Offers(including Compliance Plans)that are not submitted in a sealed envelope or container wilt not be considered.
The Vendor agrees, if this Offer is accepted within 120 calendar days after the Due Date, to fully comply in strict
accordance with the Solicitation, specifications and provisions attached thereto for the amounts shown on the
accompanying Offer.
SUBMIT 1 ORIGINAL AND 1 ELECTRONIC COPY (USB FLASH DRIVE) OF YOUR RESPONSE
***SIGNATURE FOR SUBMITTAL REQUIRED ON PAGE 3 OF THIS DOCUMENT***
Offer Sheet—Rev. 03-12-2019 Solicitation No. IFB 6400 EAD1004 Page [ 1
INTERLOCAL AGREEMENT PINNACLE PEAK HOLDING CORPORATION
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This solicitation is comprised of the following required sections. Please ensure to carefully read
each section including those incorporated by reference. By signing this document, you are
agreeing to all the items contained herein and will be bound to all terms.
SECTION TITLE PAGES
NO.
0100 STANDARD PURCHASE DEFINITIONS
0200 V2 STANDARD SOLICITATION INSTRUCTIONS, UPDATED JUNE 26,2018
0300 STANDARD PURCHASE TERMS AND CONDITIONS
0400 SUPPLEMENTAL PURCHASE PROVISIONS 6
0500 SPECIFICATION 1
0600 BID SHEET—Must be completed and returned with Offer 2
0605 LOCAL BUSINESS PRESENCE IDENTIFICATION FORM—Complete&return 2
0700 REFERENCE SHEET—Complete and return if required 2
0800 NON-DISCRIMINATION AND NON-RETALIATION CERTIFICATION—Complete and 2
return
0805 NON-SUSPENSION OR DEBARMENT CERTIFICATION
0810 V2 NON-COLLUSION, NON-CONFLICT OF INTEREST,AND ANTI-LOBBYING
CERTIFICATION, UPDATED JUNE 26, 2018
0835 NONRESIDENT BIDDER PROVISIONS—Complete&return 1
* Documents are hereby incorporated into this Solicitation by reference with the same force and effect
as if they were incorporated in full text. The full text versions of the* Sections are available on the
Internet at the followings online address:
http://www.austintexas.gov/financeonline/vendor connectionlindex.cfm#STANDARDBIDDOCUMENTS
If you do not have access to the Internetyou may obtain a copy of these Sections from the City of Austin
Purchasing Office located in the Municipal Building, 124 West 8th Street Room#308 Austin Texas 78701
hone 512 974-2600. Please have the Solicitation number available so that the staff can select the proptr
documents.These documents can be mailed expressed mailed or faxed to you.
Offer Sheet—Rev. 03-12-2019 Solicitation No. IFB 6400 EAD1004 Page { 2
INTERLOCAL AGREEMENT PINNACLE PEAK HOLDING CORPORATION
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