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HomeMy WebLinkAboutContract 53668-A1 CSC No.53668-A1 FIRST AMENDMENT TO FORT WORTH CITY SECRETARY CONTRACT NO. 53668 This First Amendment to Fort Worth City Secretary Contract No. 53668 ("First Amendment") is made between the City of Fort Worth ("Fort Worth"), a municipal corporation and Carousel Industries, Inc., a Rhode Island Corporation("Vendor"). WHEREAS, Fort Worth and Vendor entered into an Agreement identified as Fort Worth City Secretary Contract No. 53668 beginning September 1, 2019 (the "Agreement"); and WHEREAS, it is the collective desire of both Fort Worth and Vendor to amend the Agreement to increase funding for enhancements to the Water Department network; NOW THEREFORE,known by all these present,Fort Worth and Vendor,acting herein by the through their duly authorized representatives, agree to the following terms, which amend the Agreement as follows: 1. The Agreement is hereby amended by adding $45,000, the amount allowed as an Administrative Change Order, which was approved on January 14, 2020, M&C 20-0035. These funds will be used for additional hardware, software, professional services, maintenance and support of the Water Department's Extreme networks; 2. All other terms,provisions,conditions,covenants and recitals of the Agreement not expressly amended herein shall remain in full force and effect. [Signature Page Follows] OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX First Amendment to Fort Worth City Secretary Contract No. 53668 Pagel of 2 Executed effective as of the date signed by the Assistant City Manager below. CITY OF FORT WORTH CONTRACT COMPLIANCE MANAGER: By signing I acknowledge that I am the person responsible for the monitoring and administration ISa� $GL`'a of this contract,including ensuring all performance By. Dana Burghdoff(146v 17,2D 15ZZ :52 CST) and reporting requirements. Name: Dana Burghdoff Title: Assistant City Manager Date: Nov 17, 2022 By: Name: Jason Lyssy APPROVAL RECOMMENDED: Title: IT Manager,Water Department 2&%ftD,d�L2� APPROVED AS TO FORM AND LEGALITY: h`��2� By: Christopher H rder(Nov 17,2022 06:58 CST) Name: Christopher Harder Title: Director,Water Department By: aqq �oFF°".*& Name: Taylor Paris 0 ATTEST: dam° �' Title: Assistant City Attorney PPQ*ea o'*p PdIlygaEXP4o'd By: ette S.Goodall(Nov 18,2022 08 CST) Name: Jannette Goodall Title: City Secretary VENDOR: Ae2"av irranirW By: Adam Frankel(Nov 14,202216:07 EST) Name: Adam Frankel Title: General Counsel Corporate-Legal Date: Nov 14,2022 OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX First Amendment to Fort Worth City Secretary Contract No. 53668 Page 2 of 2 2/6/2020 M&C Review Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA FOPT WORTH DATE: 1/14/2020 REFERENCE **M&C 20- LOG NAME: 60CAROUSEL NO.: 0035 INDUSTRIES CODE: C TYPE— CONSENT PUBLIC NO HEARING: SUBJECT. Authorize a Cooperative Purchase Agreement with Carousel Industries, Inc. in the Amount of$180,000.00 for Hardware, Software, Maintenance and Support of the Water Department's Extreme Networks, and Professional Services Using the Texas Department of Information Resources Cooperative Contract Number DIR-TSO-4339 (ALL COUNCIL DISTRICTS) RECOMMENDATION: Authorize a cooperative purchase agreement with Carousel Industries, Inc, in the amount of $180,000.00 for hardware, software, maintenance and support of the Water Department's Extreme Networks, and professional services using the Texas Department of Information Resources Cooperative contract number DIR-TSO-4339. DISCUSSION: The Water Department will use this agreement to purchase hardware, software, maintenance and support of its Extreme Networks components, such as switches and routers. PRICE ANALYSIS The prices were obtained using Texas Department of Information Resources (DIR) contract number DIR-TSO-4339. The DIR contract offers fixed discounts for these services. Water Information Technology staff has reviewed the pricing and determined it to be fair and reasonable. COOPERATIVE PURCHASING - State law provides that a local government purchasing an item/service under a Cooperative Purchasing Agreement satisfies state laws requiring that the local government seek competitive bids for purchase of the item/service. DIR contracts have been competitively bid to increase and simplify the purchasing power of government entities. DIR is authorized to offer the cooperative purchasing program to state agencies, public institutions of higher learning, public school districts and local governments. SUCCESSOR CONTRACTS -To facilitate planning and budgeting, Staff would prefer to have annual Agreements that align with the Fiscal Year. However, the DIR Agreement is out of alignment with the City's Fiscal Year and the current term DIR-TSO-4339 will expire on January 22, 2024. In order for the Agreement to align with the City's Fiscal Year, adoption of this Mayor and Council Communication (M&C) technically authorizes (i) a series of Purchase Agreements, each of which will align to a term of the DIR, Agreements to ensure legal authority exists for the contract, and (ii) an annual spend amount, future years of which would be subject to City Council appropriation. In the event that a Cooperative Agreement is not renewed, Staff would cease purchasing at the end of the last Purchase Agreement coinciding with the valid Cooperative Agreements. If the City Council were to not appropriate funds for a future year, Staff would stop making purchases when the last appropriation expires, regardless of whether the then-current Purchase Agreement has expired. The City will initially use DIR-TSO-4339 to make purchases authorized by this M&C. As noted, DIR-TSO-4339 expires January 22, 2024. If DIR-TSO-4339 is extended this M&C authorizes the City to purchase similar equipment and supplies under the extended contracts. If DIR-TSO-4339 is not extended but DIR executes new cooperative contracts with Carousel with substantially similar terms as DIR-TSO- 4339, this M&C authorizes the City to purchase the equipment and supplies under the new ❑1R contract. http:llapps.cNvnet.org/counciI_packet/rnc review.asp?ID=27604&counciIdato=9114/2020 112 2l612020 M&C Review ADMINISTRATIVE CHANGE ORDER -An administrative change order or increase may be made by the City Manager in the amount up to $45,000 and does'not require specific City Council approval as long as sufficient funds have been appropriated. MIWBE OFFICE -A waiver of the goal for MBEISBE subcontracting will not be required due to this agreement being a Cooperative Purchasing Agreement. This satisfies the local government requirements. AGREEMENT TERMS — Upon City Council approval, this agreement shall begin on September 1, 2019 and end on August 31, 2020. This agreement will have a one-year initial term with three one- year options for renewal. RENEWAL OPTIONS - This Agreement may be renewed in accordance with the renewal options in DIR-TSO-4339. This action does not require specific City Council approval provided that the City Council has appropriated sufficient funds to satisfy the City's obligations during the renewal term. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that funds are available in the current operating budget, as appropriated, of the Water & Sewer Fund. Prior to any expenditure being incurred, the Water Department has the responsibility to validate the availability of funds. TO _ __ _ ____ ___ Fund Departmen# Account Project Program Activity Budget Reference# Amount ID I_. ._.... IDj Year (Chartfield 2) � FROM _ _ _[F�D��_a_rtmer!J_Account Project Program Activity Budget Referenc #e Amount ID ID Year (Chartfield 2) Submitted for City Manager's Office by: Dana Burghdoff(8018) Originating Department Head: Chris Harder (5020) Additional Information Contact: Rick Lisenbee (2515) ATTACHMENTS 60CAROUSEL INDUSTRIES EW.pdf 60CAROUSEL INDUSTRIES PW.pdf http:llapps.cfwnet.org/eouncil_packet/mc_review.asp?]D=27604&councildate=1/14/2020 212