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Home My WebLink AboutContract 57329-A1 CSC No. 57329-A1 AMENDMENT NO. 1 TO CITY OF FORT WORTH CONTRACT 5 This Amendment is entered into by and between the City of Fort Worth (hereafter 'Buyer"), a home rule municipality, with its principal place of business at 200 Texas Street, Fort Worth, Texas, and LSM Outdoor Power dba JHouston Holdings LLC ("Vendor"),Buyer and Vendor may be referred to individually as a Party and collectively as the Parties. WHEREAS, on June 1, 2021, the Parties entered into City Secretary Contract 57329 to provide goods and services more specifically described in the agreement, City Secretary Office (CSO) Contract No. 57329, (the agreement); WHEREAS, the Parties wish to amend the Agreement to increase annual compensation. NOW, THEREFORE, the Parties, acting herein by the through their duly authorized representatives, enter into the following agreement: AMENDMENTS The agreement is hereby amended to include the following language,which shall replace the existing language concerning the total compensation made under the Agreement: "Total payment made under this Agreement for the first year by the City shall not exceed One Hundred Forty-Seven Thousand Five Hundred and Thirteen Dollars ($147,513.00). 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 as a PDF or tiff image, or a signature, shall be treated as and shall have the same effect as anoriginal. OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX ACCEPTED AND AGREED: CITY OF FORT WORTH: CONTRACT COMPLIANCE MANAGER: By signing I acknowledge that I am the person see last page responsible for the monitoring and administration o By: this contract, including ensuring all performance an Name: Valerie Washington reporting requirements. Title: Assistant City Manager Date: �� By:michael coonce(Jun 17,2022 15:45 CDT) APPROVAL RECOMMENDED: Name: Michael Coonce Title: Fleet Coordinator,Park and Recreation A &hW;g'Zaya16t APPROVED AS TO FORM AND LEGALITY: By:Richard Zavala(Jun 22,202216:48 CDT) Name: Richard Zavala Title: Park & Recreation Director By: Na : Taylor Paris ATTEST: Title: Assistant City Attorney CONTRACT AUTHORIZATION: see last page M&C:22-0426 -21 COOP BB611-20 Exmark By: Name: Jannette Goodall Title: City Secretary <Ref>: LSM Outdoor Power dba JHouston Holdings LLC By:Dennis 17,202216:45 CDT) Name: Dennis Hendrix Title: Outside Sales Date: OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX LSM Outdoor Power - Keller WORK ORDER EPR 21-00210 53463 483 N. Main Street Thank you for your business! We hope to see you back soon. Items must be Keller,TX 76248 returned in the original package. Receipt required for full credit. Restocking Phone: (817)431-3341 Fax: (817)431-6015 fee of 20%on all electrical parts. Bill To Ship To CITY OF FORT WORTH FLEET 5021 JAMES AVE FORT WORTH,TX 76115 Customer Contact Customer Tax Number Phone Cell Phone Transaction PO Number 26146 1 1 (817)392-8356 1 Estimate aug side Counter Person Sales Person Date Printed Reference IEmail Address Department Dennis Hendrix I Dennis Hendrix 04/28/22 53463 1 laurena.hamilton@fortworthtexas.gov Counter Sales Part Number Line Description Ordered B/O'd Shipped List Net Each Amount 618048 MISP CANOPY ALUM 48 1 1 $510.00 $510.00 $510.00 Model Line Description Ordered B/O'd Shipped List Net Amount LZS80TDYM724WO EXQW Lazer Z Diesel 72 1 1 $22,609.00 $22,609.00 Note COOP NAME BUYBOARD CONTRACT:Grounds Mtnc Equip,Irrigation NUMBER 611-20 VALID THROUGH 12-31-2022 Due to shortages-prices have increased as manafacturer price increased Old$21659.00 New$23119.00 Variance$1460.00 Invoice Total $23,119.00 Sales Tax $0.00 Grand Total $23,119.00 Thank you for your business! We hope to see you back soon. Items must be returned in the original package. Receipt required for full credit. Restocking fee of 10% on all electrical parts. Notes: Customer acknowledges receipt thereof: I LSM Outdoor Power- Keller WORK ORDER#53463- CITY OF FORT WORTH FLEET Page 1 of 1 6/17/22, 1:52 PM M&C Review Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA Fo 11 Create New From This M&C DATE: 6/14/2022 REFERENCE **M&C 22- LOG NAME: 21 COOP BB611-20 EXMARK 72" NO.: 0426 ZTR MOWER CODE: G TYPE: CONSENT PUBLIC NO HEARING: SUBJECT. (ALL) Authorize Execution of an Amendment to a Cooperative Purchase Agreement, City Secretary Contract No. 57329, with LSM Outdoor Power dba JHouston Holdings, LLC to Purchase Two Mowers for the Park & Recreation Department and Increase Annual Expenditure by $47,513.00 for a Total Annual Contract Amount of Up to $147,513.00 RECOMMENDATION: It is recommended that the City Council authorize the execution of an amendment to a Cooperative Agreement, City Secretary Contract No. 57329, with LSM Outdoor Power dba JHouston Holdings, LLC to purchase two mowers for the Park & Recreation Department and increase annual expenditure by $47,513.00 for a total annual contract amount of up to $147,513.00. DISCUSSION: The purpose of this Mayor and Council Communication (M&C) is to authorize an amendment to City Secretary Contract No. 57329, to purchase two new mowers for the Park & Recreation Department (PARD).and increase the total compensation by $47,513.00 for new total annual contract amount of up to $147,513.00. PARD approached Property Management/Fleet Division for assistance with buying two mowers, which will be used for mowing parks throughout the City of Fort Worth (City). Requested mowers will be replacements for old units that can no longer be economically maintained. Fleet requested quotes from 22 suppliers and obtained a cooperative quote in an amount up to $47,513.00 for two (2) ExMark Lazer Z units from LSM Outdoor Power dba JHouston Holdings LLC, using BUY BOARD Cooperative Contract 611-20. The ExMark Company sells apparatus through BUY BOARD from authorized distributors. The new mowers meet required specifications and are expected to operate satisfactorily during their service lives of ten years. Warranty information, manufacturer's Statement of Origin, and original sales invoice will accompany the new units upon delivery. Staff recommends amending our current cooperative agreement with LSM Outdoor Power dba JHouston Holdings LLC for buying two mowers in an amount up to $47,513.00. An administrative change order or increase may be made by the City Manager up to the amount allowed by relevant law and the Fort Worth City Code; such action does not require specific City Council approval as long as sufficient funds have been appropriated. State law provides that a local government purchasing an item under a cooperative purchasing agreement satisfies state laws requiring that the local government seek competitive bids for purchase of the items. BUY BOARD Cooperative contracts have been competitively bid to increase and simplify the purchasing power of government entities. BUY BOARD has partnered with the City of Austin, TX Purchasing Division, and issued Request For Proposal (RFP) #611-20 on November 5, 2019, to establish a national cooperative contract for grounds maintenance equipment, irrigation parts, supplies, and installation. LSM Outdoor Power dba JHouston Holdings LLC executed the agreement with an effective date of June 1, 2020 and ending May 31, 2021 with two (2) possible one year renewals. Funding is budgeted in the PACS Culture/Recreation Department's General Capital Projects Fund for the purpose of funding the FY21 NIS Como-Mowing project and in the Property Mgmt Other Gen apps.cfwnet.org/council_packet/mc_review.asp?ID=29978&councildate=6/14/2022 1/2 6/17/22, 1:52 PM M&C Review Govt Department's Vehicle And Equip Replacement Fund for the purpose of funding the Park& Rec Vehicle Replacement project, as appropriated. An M/WBE goal is not assigned when purchasing from an approved purchasing cooperative or other public entity. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that funds are available in the current capital budgets, as previously appropriated, in the General Capital Projects Fund for the FY21 NIS Como - Mowing project and the Vehicle And Equip Replacement Fund for the Park & Rec Vehicle Replacement project to support the approval of the above recommendation and execution of the amendment. Prior to any expenditure being incurred, the Property Management and Park & Recreation Departments have the responsibility to validate the availability of funds. TO Fund Department Account Project Program Activity Budget Reference# Amount ID ID Year (Chartfield 2) FROM Fund Department Account Project Program Activity Budget Reference# Amount ID ID Year Chartfield 2 Submitted for City Manager's Office by_ Dana Burghdoff(8018) Originating Department Head: Steve Cooke (5134) —g g—p Richard Zavala (5711) Additional Information Contact: Kristine Caffey (5113) Laurena Hamilton (5122) ATTACHMENTS 1295..pdf (CFW Internal) 21 COOP BB611-20 EXMARK 72"ZTR MOWER funds availabilitypdf (Public) CSCO 57329 LSM Outdoor Power dba JHouston Holdings LLC (1).pdf (Public) EPR 21-00209 &21-00210- FID Table.xlsx (CFW Internal) LSM Quote 53454.pdf (Public) LSM Quote 53463.pdf (Public) SAMS- LSM Outdoor Power.docx (CFW Internal) apps.cfwnet.org/council_packet/mc_review.asp?ID=29978&councildate=6/14/2022 2/2 LSM Outdoor Power - Keller WORK ORDER EPR 21-00209 53454 483 N. Main Street Thank you for your business! We hope to see you back soon. Items must be Keller,TX 76248 returned in the original package. Receipt required for full credit. Restocking Phone: (817)431-3341 Fax: (817)431-6015 fee of 20%on all electrical parts. Bill To Ship To CITY OF FORT WORTH FLEET 5021 JAMES AVE FORT WORTH,TX 76115 Customer Contact Customer Tax Number Phone Cell Phone Transaction PO Number 26146 1 1 (817)392-8356 1 Estimate AUG Counter Person Sales Person Date Printed Reference IEmail Address Department Dennis Hendrix I Dennis Hendrix 04/28/22 53454 1 laurena.hamilton@fortworthtexas.gov Counter Sales Part Number Line Description Ordered B/O'd Shipped List Net Each Amount 618048 MISP CANOPY ALUM 48 1 1 $510.00 $510.00 $510.00 Model Line Description Ordered B/O'd Shipped List Net Amount LZS80TDYM72RWO EXQW LZ DIESEL 72 REAR DIS 1 1 $23,884.00 $23,884.00 Note COOP NAME BUYBOARD CONTRACT:Grounds Mtnc Equip,Irrigation CONTRACT NUMBER 611-20 VALID THROUGH 12-31-2022 Due to shortages-prices have increased as manafacturer price increased Old$21979.00 New$24394.00 Variance$2415.00 Invoice Total $24,394.00 Sales Tax $0.00 Grand Total $24,394.00 Thank you for your business! We hope to see you back soon. Items must be returned in the original package. Receipt required for full credit. Restocking fee of 10% on all electrical parts. Notes: I Customer acknowledges receipt thereof: I I� LSM Outdoor Power- Keller WORK ORDER#53454- CITY OF FORT WORTH FLEET Page 1 of 1 LSM Outdoor Power dba Mouston Holdings LLC t An affir l.eheibe of the tlni� —h tea stmesgam nrnenc aw�— ASAKGOYp G Requests qa Notihnad— JE Workspace EE Slgn Wt Home Search Data Bank Data Services Help Search All Words e.g.160614620402 saved Searches Actlans Select Domain e.tity {_ Entitylnformation No matches found We cou ldn'tfind a mmh toryour search criteria. All Entity information rl..try another.arch or go back to previous results. Entities Ge Back Disaster Response Registry Exclusions Filter By e.g.123454 %Smith Corp "JHousfon Heid€ngs LLC k "LSM Uutdoorpo.erdba JHnuston Notdings LLC^ X Enfty � Location v Entitystatus ^ Mtive �InacNve Q ID Assigned Reset�J rw oe i.fwmatio.oe ho.to uw ou,k y.ordx h.dsit our tKlp game rs OMy Words() Oul vrwds e.g.313JS6i89.5miih Carp 1 •Mtoston Natd tip LLC" •1 Entity Location Entity Status ^ O Move QInactive to AtVgnN ReµY G Exhibit C CONFLICT OF INTEREST QUESTIONNAIRE FORM CIO For vendor doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. OFFICE USE ONLY This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who Date Received has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement 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. f Name of vendor who has a business relationship with local governmental entity. 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.) 3 Name of local government officer aboN-'-,0 ut who the information is being disclosed. Name of Officer 4J Describe each employment 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. 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 F-1 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 income is not received from the local governmental entity? Yes F-1 No 5 Describe each employment or business relationship that the vendor named in Section 1 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. 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 17 03(a)(2)(B), excluding gifts described in Section 176.003(a-1). 7 Signature of vendor doing business with the governmental entity Date Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 1/1/2021 CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity Acomplete copy of Chapter 176 of the Local Government Code may be found at http://www.statutes.legis.state.tx.us/ Docs/LG/htm/LG.176.htm. For easy reference, below are some of the sections cited on this form. Local Government Code§176.001(1-a): "Business relationship"means a connection between two or more parties based on commercial activity of one of the parties. The term does not include a connection based on: (A) a transaction that is subject to rate or fee regulation by a federal,state,or local governmental entity or an agency of a federal, state,or local governmental entity; (B) a transaction conducted at a price and subject to terms available to the public; or (C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and that is subject to regular examination by, and reporting to,that agency. Local Government Code§176.003(a)(2)(A)and(B): (a) A local government officer shall file a conflicts disclosure statement with respect to a vendor if: (2) the vendor: (A) has an employment or other business relationship with the local government officer or a family member of the officer that results in the officer or family member receiving taxable income, other than investment income, that exceeds $2,500 during the 12-month period preceding the date that the officer becomes aware that (i) a contract between the local governmental entity and vendor has been executed; or (ii) the local governmental entity is considering entering into a contract with the vendor; (B) has given to the local government officer or a family member of the officer one or more gifts that have an aggregate value of more than$100 in the 12-month period preceding the date the officer becomes aware that: (i) a contract between the local governmental entity and vendor has been executed;or (ii) the local governmental entity is considering entering into a contract with the vendor. Local Government Code F4 176.006(a) and (a-1) (a) Avendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship with a local governmental entity and: (1) has an employment or other business relationship with a local government officer of that local governmental entity,or a family member of the officer,described by Section 176.003(a)(2)(A); (2) has given a local government officer of that local governmental entity, or a family member of the officer,one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B),excluding any gift described by Section 176.003(a-1);or (3) has a family relationship with a local government officer of that local governmental entity. (a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator not later than the seventh business day after the later of: (1) the date that the vendor: (A) begins discussions or negotiations to enter into a contract with the local governmental entity; or (B) submits to the local governmental entity an application,response to a request for proposals or bids, correspondence, or another writing related to a potential contract with the local governmental entity;or (2) the date the vendor becomes aware: (A) of an employment or other business relationship with a local government officer, or a family member of the officer,described by Subsection (a); (B) that the vendor has given one or more gifts described by Subsection (a);or (C) of a family relationship with a local government officer. Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 1/1/2021 Signature: Signature: �ddc��cX Valerie Washington(Jun 24,202215:42 CDT) J ette S.Goodall(Jun 28,2022 14 CDT) Email: Valerie.Washington@fortworthtexas.gov Email: jannette.goodaii@fortworthtexas.gov �� RT0a�� 0 0 �O o�� 0,vo 0=d J Pj o 0y Y� 0000 0 0 0 0 0 0000 T� daa��EXp`roaAp OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX