HomeMy WebLinkAboutContract 58670-A1CSC No. 58670-A1
FIRST AMENDMENT OF CITY SECRETARY CONTRACT NO. 58670
A VENDOR SERVICES AGREEMENT BETWEEN
THE CITY OF FORT WORTH AND INSITE AMENITIES, L.P.
This FIRST AMENDMENT OF CITY SECRETARY CONTRACT NUMBER 58670 ("First
Amendment") is made and entered into by and between the CITY OF FORT WORTH ("City"), a home -
rule municipal corporation of the State of Texas, acting by and through its duly authorized Assistant City
Manager, and INSITE AMENITIES, L.P. ("Vendor"), a Texas Limited Partnership, acting by and through
its duly authorized representative. City and Vendor are referred to herein individually as a ("Party") and
collectively as the ("Parties").
WHEREAS, on December 27, 2022, the Parties entered into a Vendor Services Agreement for
Vendor to provide playground equipment, supplies, and replacement parts on an "as -needed" basis to the
City's Park & Recreation Department, the same being City Secretary Contract ("CSC") number 58670
("Agreement");
WHEREAS, it is the collective desire of the Parties to amend the Agreement to update the initial
term and renewal terms to mirror M&C 23-0056;
WHEREAS, the Parties further wish to amend the Agreement to clarify the total compensation
amount; and
NOW, THEREFORE, the City and Vendor agree to amend the Agreement as follows:
I.
Section 2 of the Agreement is hereby amended to be and read as follows:
2 Term. The initial term of this Agreement is effective, beginning on the date that this
Agreement is executed by the City's Assistant City Manager ("Effective Date"), and expiring on September
30, 2023, unless terminated earlier in accordance with this Agreement ("Initial Term"). This Agreement
may be automatically renewed, under the same terms and conditions, for up to four (4) one-year renewal
option(s) (each a "Renewal Term").
2. Section 3, Subsection 3.1 of the Agreement is hereby amended to be and read as follows:
3.1 Vendor understands and agrees that the City will award non-exclusive services agreements
to multiple vendors for playground equipment, supplies, and replacement parts as outlined in M&C 23-
0056. Vendor further understands that the aggregate amount of all contracts awarded to multiple vendors
under M&C 23-0056 shall not exceed SEVEN HUNDRED FIFTY THOUSAND DOLLARS AND
ZERO CENTS ($750,000.00) and the City makes no promise or guarantee of the total amount of work
that will be assigned to Vendor under this Agreement.
II.
1. All other terms and conditions of the Agreement remain in full force and effect except as specially
set forth in this First Amendment.
2. All terms of this First Amendment that are capitalized but not defined have the meanings assigned
to them in the Agreement.
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
First Amendment of CSC 58670 Page ] of 2
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement in multiples.
City:
Vendor:
By:
By:
0
Name:
Jesica McEachern
Name:
Lisa Woolsey
Title:
Assistant City Manager
Title:
Partner
Date:
Feb 2, 2023
Date:
Jan 30, 2023
FOR CITY OF FORT WORTH INTERNAL PROCESSES:
Approval Recommended:
By: )9,,*e fa-,
Name: Dave Lewis
Title: Acting Director
Park & Recreation Department
Approved as to Form and Legality:
jU
Nico Arias (Jan 30,
2023 ie:io csrJ
Name: Nico Arias
Title: Assistant City Attorney
Contract Authorization:
M&C: 23-0056
Form 1295: 2022-955370
Contract Compliance Manager:
By signing I acknowledge that I am the person
responsible for the monitoring and administration
of this contract, including ensuring all
performance and reporting requirements.
By:
Name:
Scott Penn
Title:
Sr. Capital Projects Officer
Park & Recreation Department
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City Secretary:
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By:
Name:
Jannette S. Goodall
Title:
City Secretary
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
First Amendment of CSC 58670 Page 2 of 2
1 /13/23, 11:11 AM
M&C Review
CITY COUNCIL AGENDA
Create New From This M&C
DATE: 1/10/2023 REFERENCE
NO..
CODE: P TYPE:
M&C 23-0056 LOG NAME:
NON- PUBLIC
CONSENT HEARING:
Official site of the City of Fort Worth, Texas
FoRTWORin
80SOLE SOURCE
PLAYGROUNDS
RM
SUBJECT: (ALL) Authorize Sole Source Purchase Agreements with Named Vendors for Playground
Equipment, Supplies, and Replacement Parts for a Combined Annual Amount Up to
$750,000.00 for the Park & Recreation Department and Authorize Four One -Year
Renewal Options for the Same Annual Amount
RECOMMENDATION:
It is recommended that the City Council authorize sole source purchase agreements with
named vendors for playground equipment, supplies, and replacement parts for a combined annual
amount up to $750,000.00 for the Park & Recreation Department and authorize four one-year
renewal options for the same annual amount.
DISCUSSION:
The purpose of this Mayor and Council Communication (M&C) is to authorize sole source purchase
agreements with the vendors named below for playground equipment, supplies, and replacement
parts for a combined annual amount of up to $750,000.00 for the Park & Recreation Department
(PARD) and authorize four one-year renewal options for the same annual amount.
The PARD maintains 213 playgrounds within the City of Fort Worth. Once a playground is purchased
from a specific manufacturer, the City must continue to purchase replacement parts from that same
manufacturer as parts from other manufacturers are not compatible. Playground equipment, parts,
and supplies for playgrounds throughout the City are supplied by the following vendors: (1) American
Ramp Company Inc, (2) Child's Play, Inc., (3) Cunningham Recreation, (4) EZ Dock of Texas, L.P., (5)
Heartland Park and Recreation LLC, (6) Insite Amenities, (7) Kompan, Inc., (8) Lea Park & Play, Inc.,
(9) Playground Solutions of Texas, Inc., (10) Shade Structures, Inc., (11) Webuildfun, Inc, and (12)
Whirlix Design Inc. Staff reviewed the prices from the specified vendors and determined the prices to
be fair and reasonable. No guarantee is made that a specific amount of goods will be purchased. The
City anticipates spending approximately $750,000.00 during the initial term for replacement parts,
which provides an adequate amount of funds for equipment, parts, and supplies needed for city
playgrounds.
Funding for replacement parts is budgeted in the Operating Supplies and Other Contractual Service
accounts of the PARD's General Fund.
This procurement is exempted from the competitive bidding requirements as provided for under
Section 252.022(7) of the Texas Local Government Code because, the specified vendors are the
documented sole source original equipment manufacturer for the playground equipment each
manufacturer provides.
DVIN-BE: The PARD submitted a Sole Source 252 Exemption Form that was approved by the City
Attorney's Office. Therefore, the business equity goal requirement is not applicable.
ADMINISTRATIVE CHANGE ORDER - An administrative change order or increase may be made by
the City Manager or designee 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.
Upon City Council approval, the Agreements shall begin upon execution of the Agreements and will
expire on September 30, 2023. These agreements may be automatically renewed for up to four (4)
apps. cfwnet.org/counci I_packet/mc_review.asp? I D=30683&cou nciIdate=1 /10/2023 1 /2
1 /13/23, 11:11 AM
M&C Review
additional one-year terms. This action does not require specific City Council approval provided that
the City Council appropriates sufficient funds to satisfy the City's obligations during the renewal term.
This project will serve ALL COUNCIL DISTRICTS.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that upon approval of the above recommendation, funds are
available in the current operating budget, as previously appropriated, in the General Fund. Prior to
any expenditure being incurred, the Park and Recreation Department has the responsibility to
validate the availability of funds.
Fund Department Account Project Program Activity Budget Reference # Amount
ID I I ID Year (Chartfield 2)
Submitted for City Manager's Office by_
Originating Department Head:
Additional Information Contact:
ATTACHMENTS
221116 Waiver PARD playground equipment nw.pdf
Cunningham Recreation 1295.pdf (CFW Internal)
EZ Dock 1295.pdf (CFW Internal)
Heartland 1295.pdf (CFW Internal)
Insite Amenties 1295.pdf (CFW Internal)
Kompan 1295.pdf (CFW Internal)
Playground Solutions 1295.pdf (CFW Internal)
Jesica L. McEachern (5804)
Dave Lewis (5717)
Joel McElhany (5745)
(CFW Internal)
apps. cfwnet.org/counci I_packet/mc_review.asp? I D=30683&cou nciIdate=1 /10/2023 2/2