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HomeMy WebLinkAboutContract 55938-R1 CSC No.55938-R1 CITY OF FORT WORTH CONTRACT RENEWAL NOTICE May 4, 2022 HSQ Technology, A Corporation Attn: Gustavo Jimenez 26227 Research Road Hayward, California 94545-3725 Re: Contract Renewal Notice Contract No. CSC No. 55938 (the "Contract") Renewal Term No. 1: July 1, 2022 to June 30, 2023 The above referenced Contract with the City of Fort Worth expires on June 30, 2022 (the "Expiration Date"). Pursuant to the terms Contract, the Contract may be renewed by the mutual consent of the parties for up to four (4) one-year renewal terms. This letter will memorialize the collective desire of the parties to renew the Contract for its first (1'� renewal term inclusive of amendment # 1, which will begin immediately after the Expiration Date. All other terms and conditions of the Contract remain unchanged. Please return this signed acknowledgement letter to the address set forth below acknowledging receipt of the Contract Renewal Notice. Please log onto PeopleSoft Purchasing at http://fortworthtexas.gov/purchasing to insure that your company information is correct and up-to-date. If you have any questions concerning this Contract Renewal Notice, please contact me at the telephone number listed below. S rely, atty ea i son, CA, ECMCA Contract ervices Administrator City of Fort Worth Water Department 200 Texas Street, Suite 2377 Fort Worth, TX 76102 (817) 392-8411 (office) (817) 793-7793 (cell) (817) 392-8195 (fax) patty.wilsongfortworthtexas.gov OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Contract Renewal Page 1 of 2 ACCEPTED AND AGREED: CITY OF FORT WORTH CONTRACT COMPLIANCE MANAGER: By signing I acknowledge that I am the person �� � g/�/D/`/` responsible for the monitoring and administration !'��/l 77 of this contract, including ensuring all By: Dana Burg hdoff(M y6,2022 lCr.16 CDT) performance and reporting requirements. Name: Dana Burghdoff Title: Assistant City Manager By: Name: Patty e ilson APPROVAL RECOMMENDED: Title: Contra Services Administrator /� `/ � APPROVED AS TO FORM AND LEGALITY: ( �l��2 By: Christopher H a rd (May 61 202207:21 CDT) Name: Christopher Harder,P.E. Title: Water Department Director By. d444n�n4 Name: Taylor Paris ,oa FORr B00000000 X ATTEST: Title: Assistant City Attorney P>°° ° ° 0'Cam° ° o o o i d CONTRACT AUTHORIZATION: Pad* *� Tgnnette S. Goo�gll M&C: 21-0464 °5 bb By. Jannette S.Goodall(May 6,2022 10:39 CDT) Date Approved:June 22,2021 ��nExA oo Name: Jannette S.Goodall Title: City Secretary Form 1295 Certification No.: 2019-535032 HSQ TECHONLOGY,A CORPORATION May 4 2022 By: Name: Gustavo J' nez Title: Director of Projects and Operations OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Contract Renewal Page 2 of 2 EXHIBIT A VERIFICATION OF SIGNATURE AUTHORITY HSQ TECHNOLOGY,A CORPORATION 26227 RESEARCH ROAD HAYWARD, CALOFORNIA 94545-3725 Vendor will provide original equipment manufacturer replacement parts, equipment, repoairs, professional services and maintenance services for the Miser Supervisory Control and Data Acquisition System. Execution of this Signature Verification Form ("Form") hereby certifies that the following individuals and/or positions have the authority to legally bind Seller and to execute any agreement, amendment or change order on behalf of Seller. Such binding authority has been granted by proper order, resolution, ordinance or other authorization of Seller. Buyer is fully entitled to rely on the warranty and representation set forth in this Form in entering into any agreement or amendment with Seller. Seller will submit an updated Form within ten (10) business days if there are any changes to the signatory authority. Buyer is entitled to rely on any current executed Form until it receives a revised Form that has been properly executed by Seller. 1. Name: Gustavo Jimenez Position: Director of Projects & Operations '� Signature 2. Name: Position: Signature Signature of President/CEO/Managing Partner Title: President & CEO Date May 4, 2022 City of Fort Worth,Texas Mayor and Council Communication DATE: 06/22/21 M&C FILE NUMBER: M&C 21-0464 LOG NAME: 60HSQ TECHNOLOGY SUBJECT (ALL)Authorize an Agreement with HSQ Technology,A Corporation,to Provide Original Equipment Manufacturer Replacement Parts,Equipment, Repairs,Professional Services,and Maintenance Services for the Miser Supervisory Control and Data Acquisition System for the Water Department in the Annual Amount of$150,000.00 RECOMMENDATION: It is recommended that the City Council authorize an Agreement with HSQ Technology,A Corporation,to provide original equipment manufacturer replacement parts,equipment,repairs,professional services and maintenance services for the Miser Supervisory Control and Data Acquisition System for the Water Department in the annual amount of$150,000.00. DISCUSSION: The Water Department will use this agreement with HSQ Technology,A Corporation to purchase replacement parts,equipment,repairs, professional services,and maintenance and support for the existing Supervisory Control and Data Acquisition(SCADA)System used in water production plants and the distribution system. HSQ Technology,A Corporation is the documented sole source provider and manufacturer of the hardware and software for the SCADA System. No guarantee was made that a specific amount of goods will be purchased. The Water Department anticipates spending$150,000.00 during this agreement period. AGREEMENT TERMS—Upon City Council's approval,this agreement shall begin on July 1,2021 and expire June 30,2022. RENEWAL OPTIONS-This agreement may be renewed for up to four(4)additional one-year terms at the City's option. This action does not require specific City Council approval provided that the City Council has appropriated sufficient funds to satisfy the City s obligation during this renewal term. BID ADVERTISEMENT-This procurement is exempt from the competitive bidding requirements as provided under Section 252.022(7)(A)of the Texas Local Government Code because HSQ Technology is the sole provider and distributor of Original Equipment Manufacturer(OEM) replacement parts,equipment,repairs,professional services and maintenance services for the Miser Supervisory Control and Data Acquisition (SCADA)System. ADMININSTRATIVE CHANGE ORDER-An administrative increase or change order may be made by the City Manager up to the amount allowed by relevant law and the Fort Worth City Code and does not require specific City Council approval as long as sufficient funds have been appropriated. DVIN-A waiver of the goal for Business Equity subcontracting requirements was requested,and approved by the DVIN,in accordance with the applicable Ordinance,because the waiver request is based on the sole source information provided. The project is located in ALL COUNCIL DISTRICTS. FISCAL INFORMATION/CERTIFICATION- The Director of Finance certifies that funds are available in the current operating budget,as previously appropriated,in the Water&Sewer Fund to support the approval of the above recommendation and execution of the purchase agreement Prior to any expenditure being incurred,the Water Department has the responsibility to validate the availability of funds. Submitted for City Manager's Office by: Dana Burghdoff 8018 Orioinatin4 Business Unit Head: Chris Harder 5020 Additional Information Contact Patty Wilson 8411 Heather Oakes 8252 Expedited CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity FORM CI This questionnaire reflects changes made to the faw by H.B.23, 84th Le This questionnaire is being filed in accordance with Chapter 176,Local Government Code,by a vendor who g•, Regular Session- OFFICE USE ONLY has a business relationship as defined by Section 176.001(1-a) with z focal governmental entity vendor meets requirements under Section 176"006(a). Date Received KY and the By law this questionnaire must be filed with the records administrator than the 7th business day after the date the vendor becomes aware of acts local hag require the stateovernmental ment to be filed. See Section 176"006(a-1),Local Government Code. A vendor commits an offense if the vendor knowingly violates Section 176"006,Local Government Code"An offense under this section is a misdemeanor" 1 Name of vendor who has a business relationship with local governmental entity. HSQ TECHNOLOGY 2 ❑ Check this box if you are filing an update to a previously filed questionnaire.(The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which You became aware that the originally filed questionnaire was incomplete or inaccurate.) p 3 Name of local government officer about whom the information is being disclosed. Patty Jean Wilson Name of Officer 4 Describe each employment p yment or other business relationship with the local government officer,or a family member of the officer,as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local government officer. Complete subparts A and B for each employment or business relationship described. Attach additional pages to this Form CIO as necessary. None A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income, other than investment income,from the vendor? Yes a No B. Is the vendor receiving or likely to receive taxable income,other than investment income,from or at the direction of the local government officer or a family member of the officer AND the taxable local governmental entity? income is not received from the Yes I I No 5 Describe each employment or business relationship that the vendor named in Section i maintains with a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership interest of one percent or more. N/A 6 Check this box if the vendor has given the local government officer or a family member of the officer one or more gifts as described in Section 176.003(a)(2)(6), excluding gifts described in Section 176.003(a-1). 7 Signature of dor doing usi ess with the governmental entity 05/25/21 Form provided by Texas Ethics Commission Date www.ethics.state.tx.us Revised 11/30/2015 CSC No.55938-A1 AMENDMENT NO. 1 TO CITY OF FORT WORTH CONTRACT 55938 This Amendment is entered into by and between the City of Fort Worth (h ereafter "Buyer"),a home rule municipality, with its principal place of business at 200 Texas Street,Fort Worth, Texas, and HSQ Technology, a California corporation, Buyer and Vendor may be referred to individually as a Party and collectively as the Parties. WHEREAS,on June 30,2021,the Parties entered into City Secretary Contract 55938 to provide Original Equipment Manufacturer (OEM) replacement parts, equipment, repairs, professional services and maintenance services for the Miser Supervisory Control and Data Acquisition System for the Water Department("Agreement/Contract"); WHEREAS, the Parties wish to amend the Agreement to include an additional Fifty Thousand Dollars ($50,000.00) cost required for additional original equipment manufacturer (OEM)replacement parts, equipment,repairs,professional services and maintenance services for the Miser Supervisory Control and Data Acquisition System, bringing the annual spending authority to Two Hundred Thousand Dollars ($200,000.00). NOW, THEREFORE, the Parties, acting herein by the through their duly authorized representatives, enter into the following agreement: 1. AMENDMENTS Section 3, entitled"Compensation"of the Agreement is hereby amended to read as follows: "Compensation.City shall pay Vendor an amount not to exceed$200,000.00 in accordance with the provisions of this Agreement and Exhibit "B," Payment Schedule, which is attached hereto and incorporated herein for all purposes. For each renewal term, the City shall pay the amount on the quote provided by Vendor which shall then be attached to the City's renewal form. Vendor shall not perform any additional services 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. City agrees to pay all invoices of Vendor within thirty days of receipt of such invoice. 2. ALL OTHER TERMS SHALL REMAIN THE SAME All other provisions of the Agreement which are not expressly amended herein shall remain in full force and effect. 3. ELECTRONIC SIGNATURE This Amendment may be executed in multiple counterparts, each of which shall be an original and all of which shall constitute one and the same instrument.A facsimile copy or computer image, such a PDF or tiff,image, or a signature, shall be treated as and shall have the same effect as unoo riginal. ACCEPTED AND AGREED: CITY OF FORT WORTH: CONTRACT COMPLIANCE MANAGER: By signing I acknowledge that I am the person responsible for the monitoring and administration By: o ,a eoran doff iasar3,2o2 _s:4,csr ofthls contraC Name: Dana Burghdoff t, including ensuring all performance and reporting requirements. Title: Assistant City Manager Date: APPROVAL RECOMMENDED: By: l Name: Jean Wi]son Title: Contract Services Administrator APPROVED AS TO FORM AND LEGALITY: Christopher{carder By: Chris[ooher Harder(Mar3,202214-47 CST! Name: Christopher Harder d;1-1 Title: Water Department Director By: /71—ATTEST: Name: Taylor Paris Title: Assistant City Attorney CONTRACT AUTHORIZATION: > S C,aaf7a�/ M&C:21-0464 By: 1295:2019-535032 Name: Janette S.Goodall Title: City Secretary VENDOR: F �1ame: two Ji e z itle: Director of rojects&Operations Date: 03/08/2022