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HomeMy WebLinkAboutContract 57783-A2R1CSC No. 57783-A2R1 SECOND AMENDMENT AND FIRST RENEWAL OF CITY SECRETARY CONTRACT NO. 57783 COOPERATIVE PURCHASE AGREEMENT BETWEEN CITY OF FORT WORTH AND BSN SPORTS, LLC This SECOND AMENDMENT AND FIRST RENEWAL OF CITY SECRETARY CONTRACT NO. 57783 ("Second Amendment and First Renewal") is made 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 BSN SPORTS, LLC ("Vendor"), a Delaware Limited Liability Company, 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 June 14, 2022, Fort Worth City Council authorized M&C 22-0446, to allow City to enter into non-exclusive purchase agreements with multiple vendors for the purchase of athletic, physical education, gymnasium supplies and equipment and related accessories for an annual combined amount of $960,000.00; WHEREAS, on July 5, 2022, in alignment with BuyBoard Contract 665-22, the Parties entered into a Cooperative Purchase Agreement for the purchase of athletic, physical education, gymnasium supplies and equipment and related accessories to begin on April 1, 2022, the same being City Secretary Contract ("CSC") No. 57783 ("Agreement"); WHEREAS, the Agreement provides an initial term of one year; WHEREAS, on September 27, 2022, Fort Worth City Council authorized M&C 22-0750, an amendment to M&C 22-0446, to increase the combined annual amount from $960,000.00 to $1,100,000.00; WHEREAS, on January 27, 2023, the Parties amended the Agreement to increase the amount not to exceed from $160,000.00 to $235,800.00 for the purchase of additional athletic, physical education, gymnasium supplies and equipment and related accessories; WHEREAS, the Parties wish to amend the Agreement to establish two (2) one-year renewal options (each a "Renewal Term") to coincide with BuyBoard Contract 665-22; WHEREAS, it is the collective desire of the Parties to increase the total compensation for athletic, physical education, gymnasium supplies and equipment and related accessories to mirror M&C 22-0750; WHEREAS, the initial term will expire on March 31, 2023; WHEREAS, it is the collective desire of the Parties to exercise the first renewal term; and NOW, THEREFORE, City and Vendor agree to amend and renew and extend the Agreement as follows: I. 1. In alignment with BuyBoard Contract 665-22, the Parties hereby agree to amend the Agreement to establish two (2) one-year renewal options (each a "Renewal Term"). 2. City and Vendor hereby agree to amend the total compensation of the Agreement to not exceed $1,100,000.00. Vendor understands and agrees that the City will award non-exclusive purchase agreements to multiple vendors for athletic, physical education, gymnasium supplies and equipment and related accessories as outlined in M&C 22-0750. Vendor further understands that the aggregate amount of all contracts awarded to multiple vendors under M&C 22-0750 shall not exceed $1,100,000.00 and the City makes no promise or Second Amendment and First Renewal of CSC No. 57783 Page 1 of 2 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX guarantee of the total amount of work that will be assigned to Vendor under this Agreement. II. City and Vendor hereby agree to renew and extend the Agreement for a one-year period effective beginning on April 1, 2023 and expiring on March 31, 2024 ("First Renewal Term"). 1. All terms and conditions of the Agreement that are not expressly amended pursuant to this Second Amendment and First Renewal shall remain in full force and effect. 2. All terms in this Second Amendment and First Renewal that are capitalized but not defined shall have the same meanings assigned to them in the Agreement. (Signature Page Follows) Second Amendment and First Renewal of CSC No. 57783 Page I of 2 IN WITNESS WHEREOF, the Parties hereto have executed this Second Amendment and First Renewal in multiples. City: Vendor: By: By: chris Bloomfield (Mar 10, 2023 VfA CST) Name: Jesica McEachern Name: Chris Bloomfield Title: Assistant City Manager Title: National Bid Director Date: M a r 13, 2023 Date: M a r 10, 2023 FOR CITY OF FORT WORTH INTERNAL PROCESSES: Approval Recommended: 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 By: and reporting requirements. Name: Dave Lewis Title: Acting Director Park & Recreation Department jaa4 Lo-h e By: Name: Jacob Lohse Approved as to Form and Legality: Title: Management Analyst II Park & Recreation Department By: Name: Title: ALL Nico Arias (Mar 9, 2023 13:54 CST) Nico Arias Assistant City Attorney Contract Authorization: M&C: 22-0750 Form 1295: 2022-888659 City Secretary: By: Name: Title: Jannette S. Goodall City Secretary d4U4pq Ovo 0 0=0 daQ� nEz 454aa OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Second Amendment and First Renewal of CSC No. 57783 Page 1 of 2 2/9/23, 11:47 AM M&C Review CITY COUNCIL AGENDA Create New From This M&C DATE: 9/27/2022 REFERENCE NO.. CODE: P TYPE Official site of the City of Fort Worth, Texas FoRTWORin **M&C 22- 13PAMEND COOP 665-22 0750 LOG NAME: ATHLETIC, PE, AND GYM SUPPLIES TD CITY CONSENT PUBLIC NO HEARING: SUBJECT: (ALL) Authorize Execution of an Amendment to Mayor and Council Communication 22- 0446 to Add an Additional Vendor, Pioneer Manufacturing Company Inc. dba Pioneer Athletics to Purchase Athletic Field Products for All City Departments using Cooperative Contract BuyBoard 665-22 and to Increase the Combined Annual Amount from $960,000.00 to a Combined Annual Amount Not to Exceed $1,100,000.00 RECOMMENDATION: It is recommended that the City Council authorize execution of an amendment to Mayor and Council Communication 22-0446 to add an additional vendor, Pioneer Manufacturing Company Inc. dba Pioneer Athletics to purchase athletic field products for all City departments using cooperative contract BuyBoard 665-22 and to increase the combined annual amount from $960,000.00 to a combined annual amount not to exceed $1,100,000.00. DISCUSSION: The Park & Recreation Department (PARD) requested that the Purchasing Division assist with amending Mayor and Council Communication (M&C) 20-0446 to increase the annual amount not to exceed $1,100,000.00 and to add an additional supplier using cooperative agreement BuyBoard 665- 22. The additional vendor will also be available for use for all City departments. The additional vendor will be utilized for the purchase of athletic field paint, equipment, turf maintenance products, and supplies. The goods will be used to maintain sporting field sites for events, including but not limited to: chalks, stripers/marking machines, paints that will not cause damage to the machines, field layouts and accessories, sweepers, groomers, grass seed or synthetic turf, turf chemicals, and disinfectants. Sporting equipment such as seating, pitching rubbers/mounds, bases, nets, posts, goals, stencils, markers, and flags will also be purchased. The maximum amount allowed under this agreement citywide will be $1,100,000.00, however the actual amount used will be based on the need of the department and available budget. These agreements may be renewed for up to two additional one-year terms, in accordance with the terms of the BuyBoard Contract. Should BuyBoard elect to exercise the renewal option, the City will do the same. State law provides that a local government purchasing an item under a cooperative purchase agreement satisfies any state law requiring that the local government seek competitive bids for purchase of the item. BuyBoard contracts are competitively bid to increase and simplify the purchasing power of government entities across the State of Texas. A M/WBE goal is not assigned when purchasing from an approved purchasing cooperative or public entity. This project will serve ALL COUNCIL DISTRICTS. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that upon approval of the recommendations, funds are available in the current operating budget, as previously appropriated, and upon adoption of the Fiscal Year 2023 Budget by City Council, funds will be available in the Fiscal Year 2023 participating departments' apps. cfwnet.org/counci I_packet/mc_review.asp? I D=30303&cou nciIdate=9/27/2022 1 /2 2/9/23, 11:47 AM M&C Review Operating Budget, as appropriated, in the General Fund. Prior to an expenditure being made, the participating department has the responsibility to validate the availability of funds. BQN\\ O Fund Department Account Project Program I Activity I Budget Reference # Amount ID ID I Year Chartfield 2 Submitted for City Manager's Office by: Originating Department Head: Additional Information Contact: Reginald Zeno (8517) Jesica L McEachern (5804) Anthony Rousseau (8338) Dave Lewis (5717) Anthony Rousseau (8338) Taylor Dean (7648) ATTACHMENTS FID TABLE BLANK WITH INSTRUCTIONS V2 Field items.xlsx (CFW Internal) Fort Worth 1295 8-22-22.pdf (CFW Internal) SAMS Pioneer Manufacturing Company Inc dba Pioneer Athletics.pdf (CFW Internal) apps. cfwnet.org/counci I_packet/mc_review.asp? I D=30303&cou nciIdate=9/27/2022 2/2