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HomeMy WebLinkAboutContract 56072 CSC No. 56072 FORT WORTH CITY OF FORT WORTH COOPERATIVE PURCHASE AGREEMENT This Cooperative Purchase Agreement ("Agreement") is entered into by and between Metro Golf Cars, Inc. ("Vendor") and the City of Fort Worth, ("City"), a Texas home rule municipality. The Cooperative Purchase Agreement includes the following documents which shall be construed in the order of precedence in which they are listed: 1. This Cooperative Purchase Agreement; 2. Exhibit A— Seller's Quote, Scope of Services or Purchase Order; 3. Exhibit B—Cooperative Agency Contract(e.g.,NJPA, DIR, BuyBoard); and Exhibits A and B 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 A pursuant to the terms and conditions of this Cooperative Purchase Agreement, including all exhibits thereto. City shall pay Vendor in accordance with the fee schedule in Exhibit A 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 Forty Thousand Dollars ($40,000). 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 July 20,2021 and ending on April 23, 2022 with no options to renew. 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 books,documents,papers and records, including, but not limited to, all electronic records, of Vendor involving transactions relating to this Agreement at no additional cost to City. Vendor agrees that City shall have access during normal working hours to all necessary Vendor 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. 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: OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX To CITY: To VENDOR: City of Fort Worth Metro Golf Cars, Inc. Attn: Jesus Chapa, Deputy City Manager Attn: Ben King 200 Texas Street 4063 S. Freeway Fort Worth,TX 76102-6314 Fort Worth,TX 76110 Facsimile: (817) 392-8654 Facsimile: (817)-392-8654 With copy to Fort Worth City Attorney's Office at same address 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 By: Jesus J.Chapa(Jul 22,202116:30 CDT) responsible for the monitoring and administration Name: Jesus Chapa of this contract,including ensuring all performance Title: Deputy City Manager and reporting requirements. Date: J u 122,2021 APPROVAL RECOMMENDED: By: Name: Cynthia Garcia Title: Assistant Finance Director By: Regifrald Zeno(Jul 22,202116:27 CDT) APPROVED AS TO FORM AND LEGALITY: Name: Reginald Zeno Title: Chief Financial Services Officer ATTEST: By: Name: Taylor Paris Title: Assistant City Attorney By: CONTRACT AUTHORIZATION: Name: Ronald P. Gonzales M&C: NIA Title: Assistant City Secretary opg4FOR?��a O�00 °°°°°°°°Aaa VENDOR: Ay 0 °Z Metro Golf Cars Pd� o °°o* .By: aa�bEXaoo5�po, Name en K g Title: General Manager OFFICIAL RECORD Dater CITY SECRETARY FT. WORTH, TX Exhibit A a�iolf est. 1974 y� TRANSPORTATION & UTILITY VEHICLES March 3, 2021 M A S FWFD Training Center Jeff Smith jf C. 254-592-6128 iiiir jeffrey.smith@fortworttexas.gov HUB TXMAS CONTACT # 18-7803 (Smart Buy Product Part# KAF820BNUN) New 2021 Kawasaki Mule PRO FXT EPS (Gas) Base Unit Contract Price: $13,961.41 Open Market Items Roof Top (Black Plastic): $ 475.00 Full Glass Windshield(99994-1392): $759.95 Heavy Duty Spring Set: $275.00 Rearview Mirror: $75.00 Rear Bumper: $179.95 Front Brush Guard: $219.95 Front Hood Rack(KAF080-021):$569.95 Horn: $39.95 (2) Quake LED Lights (Rear Mtd): $380.00 (4) ITP Delta Steel Wheels 14" $1050.00 (4) EFX Moto Hammer Tires Included in above price Dealer Prep/Delivery: $125.00 Total Vehicle Price Delivered: $18,111.16 X 2 Units = $36,222.32 (Estimated 60-90 Day Lead Time ARO) Best Regards, Mike Petrovich/cell 682-429-9025 mihael@metrogolfcars.com MetroGolfCars.com 4063 S Freeway, Ft Worth, TX 76110 817-921-5491 Contract Details Page 1 of 5 Exhibit B (http://www.comptroller.texas.gov/) 0. Texas Comptroller of Public Accounts Glenn Hegar wl.fjF-,.l V ly IB Ulf (http://www.txsmartbuy.com/) Bid Postings (http://www.txsmartbuy.com/#esbd) Contracts (http://www.txsmartbuy.com/contracts/view/2134#) SPD Applications (http://www.txsmartbuy.com/contracts/view/2134#) Help (http://www.txsmartbuy.com/#help) 0 items (http://www.txsmartbuy.com/contracts/view/2134#) (http://www.txsmartbuy.com/contracts/view/2134#) Contract Details: # TXMAS-18-7803 Search for items in this contract (http://www.txsmartbuy.com/contract_number/TXMAS-18-7803/ex_search/false) Number TXMAS-18-7803 Description Golf Carts Category TxSmartBuy Type TXMAS Start Date 9/5/2018 End Date 4/23/2023 Fed GS-03F-0059U Purchase PCC X Category Code (Agencies Only) file:///C:/Users/GarciaC/OneDrive%20-%20City%20of%20Fort%20Worth/Desktop/Contr... 7/19/2021 Contract Details Page 2 of 5 Optional Renewal No renewal remaining Terms Purchase Orders Only purchase orders issued through Texas SmartBuy (TSB) are eligible for contract pricing. The Contractor cannot ship any products or provide services until receipt of a Purchase Order generated by the TSB system. All purchase orders that include a quote order line (excluding linked item quotes)will be placed on hold pending Statewide Procurement Division (SPD) review. Quote order requirements: 1. Items that are available in TSB must be placed through the TSB shopping cart. The TSB shopping cart allows up to 45 line items. Once 45 line items are added to the TSB shopping cart, the additional order items must be totaled and entered using the quote order line. 2. State agencies must enter no less than 20 items into the TSB shopping cart before utilizing the quote line option. Texas SmartBuy Members are encouraged to add items to the TSB cart before utilizing the quote line option. 3. All purchase orders that include a quote order line require the attachment of a completed contractor quote containing the following: • Detailed, unit pricing of all contracted items and services. • The contractor's TXMAS contract number clearly identified. • Open market, or incidental, items clearly identified. 4. Validation of contract pricing and item availability is the responsibility of the purchaser in determining best value. When the attachment is confirmed, SPD will release the purchase order to the TXMAS contractor for fulfillment. 5. If approval is requested prior to the order being inputted in TSB, or SPD assistance is requested to validate pricing or item availability, the information may be submitted to txmasquote@cpa.texas.gov (mailto:txmasquote@cpa.texas.gov). Customers may only purchase TXMAS goods or services from a TXMAS Contractor online through Texas SmartBuy. CPA does not authorize any off line sales of this TXMAS contract's goods or services. IMPORTANT: The services provided by this contract may be a service subject to the provisions of Texas Government Code Chapter 2254. A state agency, as defined by Texas Government Code Chapter 2254, may only acquire the services subject to Texas Government Code Chapter 2254 according to the procedures identified in that chapter. Failure to comply with the provisions of Texas Government Code Chapter 2254 could result in a void contract. file:///C:/Users/GarciaC/OneDrive%20-%20City%20of%20Fort%20Worth/Desktop/Contr... 7/19/2021 Contract Details Page 3 of 5 Order Limitation The contractor is not required to accept orders below the minimum listed below. Orders between the minimum and maximum listed below are subject to the pricing of the underlying contract. Minimum order: $100 Maximum order: $300,000 State Contracts Prior to purchasing from a TXMAS contract, public procurement personnel must follow applicable procurement procedures as stated in the Procurement and Contract Management Guide. Agencies must first purchase products or services offered by WorkQuest, Texas Correctional Industries (TCI), and the Statewide Procurement Division (SPD) Term Contracts. CPA Contract Questions regarding contract management issues, price changes, amendments or Management other post-award concerns should be directed to: SPD TXMAS Program Texas Comptroller of Public Accounts (CPA) Phone: (512) 463-3034 option 3 Email: txmas@cpa.texas.gov (mailto:txmas@cpa.texas.gov) Approved Only products or services listed in the underlying contract may be purchased from Products/Services this TXMAS contract, with one exception. Incidental, off-schedule items may be purchased as "best value, open market" items provided that they are necessary for product integration or product completeness. The purchasing entity is responsible for ensuring that the quoted price for such incidental items is fair and reasonable. These incidental items may be added to the TXMAS purchase order if they are clearly labeled as "open market (OM), best value" items. Incidental items may not exceed $5,000.00 OR 50% of the purchase order total, whichever is less. If the pending order includes incidental items that exceed the stated limits, a request may be submitted by the Customer to the Statewide Procurement Division for review and consideration of an exception. Exception requests shall be submitted to txmasquote@cpa.texas.gov (mailto:txmasquote@cpa.texas.gov). The request must include a copy of the complete contractor quote listing all core items and a detailed incidental charge breakdown. Contract TXMAS prices may be validated against the base contract's price list. TXMAS Specifics/Notes contractors are authorized to charge up to 1.5228% more than their base contract price. GSA Contract Information (https://www.gsaelibrary.gsa.gov/ElibMain/contractorinfo.do? contractNumber=GS-03F-0059U&contractorName=METRO+GOLF+CARS% 2C+INC.&executeQuery=YES) FOB Point FOB Destination. Freight added as a separate line item. Warranty Details One year limited warranty on all mechanical parts and related labor. Compliant Customer reserves the right to require new delivery or a refund in the event that Products by materials or products not meeting specifications are discovered after payment has Contractor been made. file:///C:/Users/GarciaC/OneDrive%20-%20City%20of%20Fort%20Worth/Desktop/Contr... 7/19/2021 Contract Details Page 4 of 5 Rebate Reporting Pursuant to Texas Government Code § 2155.510(b), rebates generated from Requirement for TXMAS contract purchases made in whole or in part with federal funds must be Federal reported by the purchasing agency to the appropriate federal funding agency. Each quarter of the State's fiscal year(September 1 through August 31), TXMAS contractors rebate 0.73875% of their TXMAS sales to the State of Texas via the Texas Comptroller of Public Accounts (CPA). It is the purchasing entity's responsibility to report the amount of rebate attributed to federal funds to the federal fund-provider using the above percent based on the total dollar value of the TXMAS purchase order. Example: A purchasing entity receives and uses federal funds of$50,000 to purchase items/services on a TXMAS contract. The purchasing entity must report to the federal fund-provider that a sales rebate of$369.37 ($50,000 * 0.73875% _ $369.37) will be paid to the State of Texas by the TXMAS contractor. Contractor The Statewide Procurement Division Contract Management Office (SCMO), a Performance division of the Comptroller of Public Accounts (CPA), administers a vendor performance program for use by all customers per Texas Government Code (TGC), §2262.055, and 34 Texas Administrative Code JAC), §20.108. The Vendor Performance relies on the customer's participation in gathering information on vendor performance. State agency customers shall report vendor performance on purchases of$25,000 or more from contracts administered by CPA, or any other purchase of$25,000 or more made through delegated authority granted by CPA JAC 20.108), or purchases exempt from CPA procurement rules and procedures. State agencies are additionally encouraged to report vendor performance on purchases under$25,000. Vendor Performance shall be reported through the CPA VENDOR PERFORMANCE TRACKING SYSTEM. (https:Hcomptroller.texas.gov/purchasing/programs/vendor-performance-tracking/) The purpose of the Vendor Performance Tracking System is to: • Identify vendors that have exceptional performance •Aid purchasers in making a best value determination based on vendor past performance • Protect the state from vendors with unethical business practices • Provide performance scores in four measurable categories for the CMBL vendors • Track vendor performance for delegated and exempt purchases Contractor Information VID: 17512871918 Contractor: Metro Golf Cars, Inc. Contact Name: Ben King Email: Ben@Metrogolfcars.Com Phone: (817) 921-5491 Address: 4063 South Freeway Fort Worth TX 76110 HUB Eligibility: WO HUB Gender: F file:///C:/Users/GarciaC/OneDrive%20-%20City%20of%20Fort%20Worth/Desktop/Contr... 7/19/2021 Contract Details Page 5 of 5 Texas Comptroller of Public Accounts Glenn Hegar • Home (http://comptroller.texas.gov/) • Contact Us (http://comptroller.texas.gov/about/contact/) POLICIES • Privacy and Security Policy (https:Hcomptroller.texas.gov/about/policies/privacy.php) • Accessibility Policy (https://comptroller.texas.gov/about/policies/accessibility.php) • Link Policy (https:Hcomptroller.texas.gov/about/policies/links.php) • Texas.gov (http://texas.gov/) • Search from the Texas State Library (https://www.tsl.texas.gov/trail/index.html) • Texas Homeland Security (http://www.dhs.gov/geography/texas) • Texas Veterans Portal (https://veterans.portal.texas.gov/) • Public Information Act (https:Hcomptroller.texas.gov/about/policies/public-information-act.php) • Texas Secretary of State (http://www.sos.state.tx.us/) • HB855 Browser Statement OTHER STATE SITES • texas.gov (https://www.texas.gov/) • Texas Records and Information Locator(TRAIL) (http://www.ts1.state.tx.us/trai1/) • State Link Policy (http://publishingext.dir.texas.gov/portal/internal/resources/DocumentLibrary/State% 20Website%2OLinking%20and%20 Privacy%20 Policy.pdf) • Texas Veterans Portal (http://veterans.portaI.texas.gov/) file:///C:/Users/GarciaC/OneDrive%20-%20City%20of%20Fort%20Worth/Desktop/Contr... 7/19/2021