Loading...
HomeMy WebLinkAboutContract 55861-A1R2 CSC No.55861-A1R2 AMENDMENT 1 AND RENEWAL 2 TO CITY SECRETARY CONTRACT NO. 55861 This Amendment and Renewal is executed by and between the City of Fort Worth (hereafter "City"), a home rule municipality, and Consolidated Traffic Controls,Inc. (hereafter "Vendor"). City and Vendor are each individually referred to herein as a"Party" and collectively as the "Parties." WHEREAS, the parties have previously entered into City of Fort Worth City Secretary Contract No. 55861 (the "Agreement") on June 15, 2021; and WHEREAS,the Agreement was executed for Vendor to provide the City with school zone beacon communication modems,traffic signal parts, and other related traffic signal hardware and equipment; and WHEREAS, the Agreement memorialized City Council's authorization to procure such items from Vendor under M&C P-12296 (approved on 2/5/2019); WHEREAS, a written agreement was not utilized to capture the initial term provided for under M&C P-12296 and,thus,the Agreement captured the first renewal option term provided for under M&C P-12296; and WHEREAS, the M&C authorized three (3) one-year renewal options and also authorized the City to purchase similar equipment and supplies under an extended, successor HGAC contract; and WHEREAS, the parties wish to amend the Agreement to incorporate the renewal options authorized under the M&C and to incorporate federal compliance provisions into the Agreement; and WHEREAS, the City and Vendor now wish to renew the term of the Agreement for continued services pursuant to the original Agreement for its second renewal term, specifically from May 1, 2022 to April 30, 2023. NOW,THEREFORE,City and Vendor acting herein by the through their duly authorized representatives, enter into the following agreement: 1. AMENDMENTS TO AGREEMENT The following terms are hereby amended to replace the referenced terms in the Agreement and shall be binding and enforceable as if they were originally included therein. CSC 55861,Amendment 1/Renewal 2 Page 1 of 4 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX The fifth paragraph of the Agreement,related to term length and renewal options,is hereby amended and replaced in its entirety with the following: The term of this Agreement,which memorializes the first renewal option authorized under M&C P-12296, shall be for one year beginning on 05/01/2021 and ending on 04/30/2022. City shall be able to renew this agreement for two additional one-year renewal options by written agreement of the Parties, as authorized by M&C P-12296. The following terms are hereby added to the Agreement and shall be binding and enforceable as if they were originally included therein. The notice requirement on page 2 of the Agreement shall now be followed by the following: FEDERAL COMPLIANCE: Vendor agrees to comply with all federal statutes relating to nondiscrimination, labor standards, domestic preference and environmental compliance. Additionally, for work to be performed under the Agreement or subcontract thereof, including procurement of materials or leases of equipment,Vendor shall notify each potential subcontractor or supplier of the Vendor's federal compliance obligations. These may Include,but are not limited to: (a)Title VI of the Civil Rights Act of 1964(P.L. 88-352)which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§ 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; (c) the Fair Labor Standards Act of 1938 (29 USC 676 et. seq.), (d) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of handicaps and the Americans with Disabilities Act of 1990; (e)the Age Discrimination in Employment Act of 1967 (29 USC 621 et. seq.) and the Age Discrimination Act of 1974, as amended (42 U.S.C. §§ 6101-6107), which prohibits discrimination on the basis of age; (f) any other nondiscrimination provisions in any specific statute(s)applicable to any Federal funding for this Agreement; (g) the requirements of any other nondiscrimination statute(s) which may apply to this Agreement; (h)applicable provisions of the Davis-Bacon Act under 40 USC § 3141 —3148, and the Contract Work Hours and Safety Standards Act under 40 USC§3701—3708;(i)applicable provisions of the Rights to Invention Made Under Contract or Agreement Act under 37 CFR Part 401; 0) applicable provisions of the Clean Air Act under 42 USC § 7401 — 7671, the Energy Federal Water Pollution Control Act 33 USC § 1251 — 1387, and the Energy Policy Conservation Act under 42 USC § 6201; (k) compliance with all Buy America requirements under 23 USC 313 and 23 CFR 635.410, which require a domestic manufacturing process for any steel or iron products;(1)Compliance with Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment under 2 CFR §200.216 and §200.471; (m) compliance with federal assistance programs under Executive Order 12549, Debarment and Suspension, which prohibit participation of debarred or suspended or otherwise excluded from or ineligible vendor or its suppliers using federal funds; (n) compliance with federal restriction on lobbying expenditures under 2 CFR 200 clauses: (o)consistent with Domestic preferences for procurements under 2 CFR CSC 55861,Amendment 1/Renewal 2 Page 2 of 4 §200.322, which provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States as appropriate and to the greatest extent practicable. 2. RENEWAL The term of the Agreement is hereby renewed for an additional year, beginning May 1, 2022 and expiring April 30, 2023, unless terminated earlier in accordance with the Agreement. 3. 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. 4. ELECTRONIC SIGNATURE This Amendment and Renewal 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 as a PDF or tiff image, or a signature, shall be treated as and shall have the same effect as anoriginal. (Signature page follows) CSC 55861,Amendment 1/Renewal 2 Page 3 of 4 ACCEPTED AND AGREED: CONTRACT COMPLIANCE MANAGER: O A;Mr A&G E By signing I acknowledge that I am the By: Dana Burghd off(My 24,2 17 person responsible for the monitoring and Name: Dana Burghdoff administration of this contract, including Title:Assistant City Manager ensuring all performance and reporting Date: requirements. APPROVAL RECOMMENDED: By: Aziz Rah May 23,202216:12 CDT) Name: Aziz Rahman By: William Johnson(M 24,202209:52 CDT) Title:Engineering Manager Name: William Johnson Title: Director APPROVED AS TO FORM AND LEGALITY: ATTEST: By: Name:Jessika Williams By: J ette S.Goodall(May 25,2022 09 CDT) Title:Assistant City Attorney Name: Jennette Goodall Title: City Secretary CONTRACT AUTHORIZATION: da FORp as M&C: P-12296 Ay Pm0� 9. � 0 o o o g�y go0ap` 0 �°* .Cd/Y �yd o o_O0.Oo VENDOR: 00 O-000. n ►SEX� By: Se66 Y' Name: §obby Hale Title: Vice President Date: 05/19/2022 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX CSC 55861,Amendment l/Renewal 2 Page 4 of 4