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HomeMy WebLinkAboutContract 50633-R1A1CSC No. 50633-R1A1 AMENDMENT AND RENEWAL NQ. I TO C1TY OF FORT WORTH CONTRACT 50633 This amendment and renewal ("Agreemer��") is entered into hetween the City of Fort Worth and Lawn Patro� Service, Inc. by and through their respective duly autho riied represcnta#ives. WHEREAS, the City af Fort Worth (hcrcafter "City") and Lawn Patrol Servicc, Inc. (hereafter "Agency") �nade and entered into City Secretary Contract No. 50633 (hereafter "Contract"); WH�REAS, the Contract was foran i�aitial Three-YearTerm beginning Apri! 9, 2Q1 S and ending April 8, 2021; WH�REAS, the Contract authorized two automatic one-year renewa] options in the a�nount ot'� 14G,OOU.00 for each renewa[ term; WIiEREAS, the City Council authorized tl�e City Mana�eror his designee to i��crease thecompensatianforthcrenewa) terin foradditional services nccdedwithin thc currcnt f�iscal year (M&C 21-0075}; ai�d WHEREAS, the Ciry providcd notice of non-rencwal to Age�fcy on Fcbruary I 1, 202 1, but rescinded ti�at noticc on Marci} K, 202 i NOW, THEREFORC, City and Agcncy, acting hc��cin by tl�c through thcir duly author�zed represc»tatives, a�n•ee to amc»d a»d re»ew ihc Contract, as follows: Pursua�3Y to the CoE�tract, contract rcnewals occur automatically, unless otherwisc termii�atcd hy cithcr party providing noGcc of non-rcncwa� at icast 30-days bcForc thc cx�iration of the current tenn. City provided Agency with a notice of non-renewal on February I�, 2021 , and then withdrewti�at notice on March 8, 202�. Agency accepted City's withdrawa! ofthe non- renewal notice and, by this agn-�ement, a�,nees to renew the Contract witi� City under its o rigin a l ter»�s, except as otherwise ame��ded herein. The parties agree to rea�ew ti�e Contract for an addifional one yearperiod, which will begin immediately upon the expiratian o I'the original tee-�n on npril 8, 202 ], tmless tenni��ated earlier in accordance with the terms of the Coni�act. Section 3. COMPENSATION of tEle Contr�ct is hereby amer�ded to read as follows: The C�ty shall pay Contractoean amount not to exeeed $235,000.00 in accordance with thc provisions of this Agrccrricnt and the Price Schedule attached as Exl�iE�it "B," which is inco�-poratec! for a!I puiposes herein. Cor�tractor sl�all not perform any additiona! services for tl�c City not spccified by this Agrccmcnt �n�lcss tE�c City rcc�i�ests and ap�rovcs in wriEing thc additional costs fo��such services. TheCity shal� not be liable forany addrtional expensesof Contractar not specified bythis Agreement unlesstlle City first approves such expenses i�� A�ncndrnent No. 1 to City Sccrctary Contract No. 50633 Alle��way Maintenanec Progrum PA�,E i ��t�: ;-2:� OFFICIAL RECORD CITY SECRETARY FT. VIIORTH, TK writing. �N WITNESS WIIEREQF, theparties hereto have executed this Agreement in multiples this 8"' day of March, 2021. CITY OF FORT WORTH: CONTRACT COMPLIANCE MANAGER: By signing I acknowlcdgc that 1 am dic pcnon responsible for the monitoring and $y: F� � „ h, ::� ad�»inistration ofthis contract, inc�uding Name: Fcrnando Costa cnsuring ai] perforinance and reportii�g Titic: AssistantCity Manager requirements. Datc: APPROVAL RECOMII'IENDED: ��! TonEric EubanKs J' y��F n,�4��n,n �ro1�1�n5co�' Namc: JonEric �ubanks ~ Titic: Ncighborhood Program Coorcf. 8y= �°"�``� '�`� APPROVED AS TO FURM AND Na3r�e: Victor Tur�ler L�GALITY: Tit]e: Director, Neighborhood Services �,�.q4bpq�� ATTEST: p� FEORr�o��d By: C!�o °�Id Pvo o=d d�p'� °oo o° *� Name: Taylo�� Paris Title: Assistant City Attorney Bi ' �l/ V ���� nEXA`'�o4�0 CONTRACT AUTHORIZA'[,ION: Natne: Maay J. Kaysei� NI&C: 21-OU75 Title: City Secreta�y � ZyS: Lawn Patrof Service, Inc. By: N a ��e : � v�.�'t�.4 ,ti.� Title: �n-G S � � ��t�: 3- Z� - Z( ATTEST: �y � !� Naii�e: � l�( Title: � � Amendtncnt No. 1 to City Secrctary Contract No. 50633 Alleyway Maintcnancc Prograit� l�-� , � Pa�;e 2 °at`: :�-z3 OFFICIAL RECORD CITY SECRETARY FT. VIIORTH, TK City of Fort Worth, Mayor and Texas Council Communication DATE: 01/26/21 M&C FILE NUMBER: M&C 21-0075 LOG NAME: 19ALLEYWAY MAINTENANCE PROGRAM CONTRACT AMENDMENT SUBJECT (ALL) Ratify Expenditures of $78,131.19 and Authorize Amendments to the Services Agreements with Multiple Vendors for Alleyway Maintenance to Increase the Total Contract Authority by $95,000.00 for the Neighborhood Services Department RECOMMENDATION: It is recommended that the City Council: 1. Ratify expenditures of $78,131.19 incurred by the Neighborhood Services Department for its Alleyway Maintenance Program; and 2. Authorize an amendment to the associated services agreements to increase the total contract authority by $95,000.00 for multiple vendors affiliated with the Neighborhood Services Department's Alleyway Maintenance Program. DISCUSSION: In the summer of 2017, the Neighborhood Services Department (NSD) requested that Purchasing issue a Request for Proposals (RFP) for agreements to procure alleyway maintenance services. NSD recommended contracts be awarded to three vendors based on their responses to the RFP. On March 27, 2018, the City Council approved Mayor and Council Communication (M&C) M&C P-12179 and authorized contracts with Lawn Patrol Service, Inc. for $140,000.00 annually, MG Lawn & Landscape, LLC for $130,000.00 annually, and H. Mike Lauderback d/b/a New Era Contract Services for $110,000.00 annually for NSD's Alleyway Maintenance Program for a total annual amount of $380,000.00. The agreements were authorized for an initial three-year term for a total combined amount of $1,140,000.00 and two one-year renewal options at the same annual rate, respectively. Currently, the contracts are in the third year of the potential five-year contract term. Due to misunderstanding of internal processes staff failed to complete the required steps to complete the amendments to the contracts and RFP. The contract and RFP amendments were necessary for program contractors to have authority to spend the incremental funds. Due to these reasons and in light of the mitigation strategy detailed below, staff requests that Council ratify expenditures in the amount of $78,131.19 for payments made to the vendors listed above. Additionally, staff requests that Council authorize amendments to the existing contracts to increase the total authorized amount by $95,000.00 for additional services needed within the current fiscal year. All previous payments authorized without proper authority will be counted against the additional funds requested by this M&C. Sufficient funding is available in the departmenYs FY2021 General Fund budget to cover this additional allocation. To ensure this oversight does not happen again moving forward, a NSD Neighborhood Program Coordinator will be assigned to the role of Contract Administrator for the Alleyway Maintenance Program to offer a direct point of contact and responsibility. The Contract Administrator will monitor the monthly progress of each contract through new Smartsheet dashboarding software now available to NSD staff, and will work with the Finance & Administration Division of the department to produce monthly reports for the NSD Assistant Directors & Director to review. A new RFP process will be completed in the first quarter of 2021 for all program services affiliated with alleyway maintenance services. To ensure expenditure authority aligns closely with budget forecasting, all past program performance data will be reviewed in depth, prior to the award of new contracts as a part of the RFP process. After a successful RFP, expenditure authority will more closely match budgeted amounts that were increased in 2019, which facilitated additional alleyways (units) to be completed through the program. A Form 1295 is not required because: This M&C does not request approval of a contract with a business entity. FISCAL INFORMATION / CERTIFICATION: The Director of Finance certifies that funds are available in the current operating budget, as previously appropriated, in the General Fund to support the approval of the above recommendation and amendment to the services agreement. Prior to any expenditure being incurred, the Neighborhood Services Department has the responsibility to validate the availability of funds. Submitted for City Manager's Office b� Fernando Costa 6122 Originating Business Unit Head: Additional Information Contact: Victor Turner 8187 Michelle Pantaleo-Clough 5777 JonEric Ewbanks 5185