HomeMy WebLinkAboutContract 59188CSC No. 59188
FORT WORTH
CITY OF FORT WORTH
SOLE SOURCE PURCHASE AGREEMENT
This Sole Source Purchase Agreement ("Agreement") is entered into by and between Triad Marine
& Industrial Supply, Inc. ("Seller") and the City of Fort Worth, ("Buyer"), a Texas home rule municipal
corporation.
The Sole Source Purchase Agreement includes the following documents which shall be construed in the
order of precedence in which they are listed:
1. This Sole Source Purchase Agreement;
2. Exhibit A — Scope of Services;
3. Exhibit B — Seller's Quote;
4. Exhibit C — Seller's Sole Source Justification Letter;
5. Exhibit D — Sole Source Procurement Justification; and
6. Exhibit E — Conflict of Interest Questionnaire.
Exhibits A, B, C, D and E, which are attached hereto and incorporated herein, are made a part of this
Agreement for all purposes.
The undersigned represents and warrants that he or she has the power and authority to execute this
Agreement and bind the respective Seller. Seller and Buyer have caused this Agreement to be executed
by their duly authorized representatives to be effective as of the date signed below.
Seller: Triad Marine & Industrial Supply, Inc.
Authorized Signature:
Printed Name: Tina L. Miller
Title: Vice President
Date:
City of Fort Worth:
Authorized Signature:
Printed Name: Dana Burghdoff
Title: Assistant City Manager
Date:
OFFICIAL RECORD
CITY SECRETARY page 1 of 13
FT. WORTH, TX
[Executed effective as of the date signed by the Assistant City Manager below.] / [ACCEPTED AND
AGREED:]
City:
By: Dana Burghdoff(A 4,202 .48 CDT)
Name: Dana Bur hg doff
Title: Assistant City Manager
Date:
Vendor:
By:
Name: Tina L. Miller
Title: Vice President
Date:
CITY OF FORT WORTH INTERNAL ROUTING PROCESS:
Approval Recommended:
B\7o; Steve ke (Mar 30, 202309:31 CDT)
Name: Steve Cooke
Title: Property Management Director
Approved as to Form and Legality:
By:
Name: Jeremy Anato-Mensah
Title: Assistant City Attorney
Contract Authorization:
M&C: n/a
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.
Denise Garcia
By Denise Garcia Mar H, 202311:11 CDT)
Name: Denise Garcia
Title: Purchasing Manager, Property
Management Department
City Secretary:
V � s
By:
Name: Jannette Goodall
Title: City Secretary
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OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Page 2 of 13
EXHIBIT A
SCOPE OF SERVICES
1.0 INTENT
1.1 Vendor shall supply City with labor and parts to service, repair, maintain, and upgrade
Zodiac Equipment (Water Craft) in the City's fleet.
1.2 Vendor shall provide any warrantable repairs using OEM parts.
2.0 QUALITY OF SERVICE AND WORK
2.1 Vendor shall provide the City an acceptable level of service in terms of cost, time and
workmanship. Upon return and inspection of services completed, PMD/FLEET
personnel will notify the Vendor if any issues regarding the services or parts are found
to be unsatisfactory. Vendor will be given opportunity to correct. Failure of vendor to
correct services or parts to a satisfactory condition will be considered grounds for
terminating any agreement between said Vendor and the City.
2.2 Vendor will be required to perform the work using the most up-to-date and appropriate
methods available for said work under industry standards. This incudes, but is not
limited to, all suitable repair equipment and parts to insure the satisfactory execution of
any repair or installation.
2.3 Vendor will be required to provide documentation on their personnel authorized to
perform work on City vehicles and equipment. This includes all certifications, such as
the National Institute for Automotive Service Excellence (ASE), that qualify them to
perform said work.
2.4 Vendor must give the City priority service, as many City vehicles are utilized for public
safety and emergency responses. Expeditious turn -around is critical to City operations.
However, additional fees for priority services are prohibited.
2.5 Vendor shall be authorize by PMD Fleet Supervisor or designated personnel to
diagnose, repair and service vehicles and equipment for the City of Fort Worth's (the
"City") Fleet of vehicles and equipment.
Page 3 of 13
3.0 QUALITY OF SERVICE AND WORK
3.1 The City is only obligated to pay for services actually ordered by an authorized City
employee and then received and accepted as required by the City.
4.0 PARTS
4.1 All parts utilized in repairs, replacements or installations on City vehicles and
equipment must be new unless otherwise required by PMD/FLEET personnel. Any
rebuilt or remanufactured parts must be approved in writing by City PMD/FLEET
personnel prior to being utilized by a vendor.
4.2 The Vendor warrants and/or guarantees will work and products supplied under this
Agreement against any defects in design, workmanship, materials and failure to operate
satisfactorily. Each product shall be constructed to the highest standards. Products
manufactured of poor workmanship will not be accepted.
5.0 ESTIMATES
5.1 Vendor shall be required to provide written or electronically produced estimates to
PMD Fleet personnel before the start of any work. The estimates must be emailed to
the PMD Fleet employee(s) and/or PMD Fleet facility location which requested the
services to be completed.
5.2 Estimates shall be approved and authorized by PMD Fleet personnel in writing via
email with the purchase order number prior to work being performed.
5.3 Original invoices submitted to the City for work performed cannot be greater than
initial estimate provided unless approved by City PMD/FLEET in writing. If during the
course of the originally estimated repairs, it is noted that further repairs will be needed,
a revised estimate must be prepared by Vendor for the additional work.
5.4 If City vehicle or equipment is serviced by a Vendor for warranty work, an estimate
provided by the Vendor to the City shall state `Warranty Service'.
Page 4 of 13
5.5 All estimates provided by Vendor will be quoted on `time and materials' basis,
adherence to the agreed upon contract rate(s) and itemized to illustrate the cost of each
of the following, if applicable to the service or work performed:
5.5.1 Cost of part(s) to be installed.
5.5.2 Cost of labor to perform repair and/or installation; itemized by number of labor
hours per labor line.
5.5.3 Inspection/Diagnostic fees.
5.5.4 Shop fees
5.5.5 Environmental/Hazardous disposal material fees
5.5.6 Extended warranties, if optioned.
5.5.7 Transportation fees, if any, for pick-up or delivery.
6.0 INVOICES
6.1 It is the responsibility of the Vendor to get the name of the responsible person,
telephone numbers and address of the department at the time the service is requested.
The requesting department is required to issue a purchase order number to the Vendor
during this process.
6.2 A properly prepared invoice shall be computer printed and shall include the Vendor's
name and federal tax -identification number, invoice number, address, date, service or
item description, unit price, extended cost, City -issued purchase order and release
number. The invoice shall also include the vehicle identification number of the vehicle
serviced. Incomplete or inaccurate invoices may result in delaying payments, as they
shall be returned to the Supplier for correction and re -submittal. All freight will be
F.O.B. Fort Worth. The City of Fort Worth will not pay shipping costs, off-loading or
handling charges associated with orders.
6.3 Invoices shall be paid in accordance with State law. Payments will be made on a Net 30
days basis from date invoice is received.
6.4 The Vendor should submit all invoices via email to City of Fort Worth, using this email:
Supplierinvoicesgfortworthtexas. og_v
Page 5 of 13
EXHIBIT B
Triad Marine & Industrial Supply, Inc.
1 l55 1 M 51 S Ker ah, Texas 775b5
February 15, 2023
City of Fort Worth
4100 C01umbus Trail
Fort Worth, TX 76133
Re: Triad Labor Rate and Farts Discount
To Whom it May Concem,
Please be advised that the hourly labor rate for Triad Marine is currently $150.00_
A11 parts will be discounted 20% Gff of any current retail pricing, In the event any
changes arc made to our policy, The City of Fort Worth wi]I be notified
accordingly.
Should you have any questions or need further information, please do not hesilate
to contact me,
Best regards,
Tina L Miller
Vice President
Phone: (291) -33-4-0915
Fox: (291) 334-0041
Page 6 of 13
EXHIBIT C
January 10 2022
SuSu Authorized Zodiac M1lpro Dealer from Zodiac of North America
To Whom it May Concern_
This letter is to inform you that Zodiac MilPro recag nizes Triad Marine & Industrial Supply
as the only contracted and authorized Military and Professional Dealer and Service Facility
in the State of Texas_ Triad Marine is a dealer with more than 3,0 years' experience and is
amongst the mast highly qualified in all of the United States_
Triad Marine is located at 1185, FM 818. Kemah, TX 77565, 281-334-0815.
All inquiries for purchase, warranty and service from the State of Texas will be processed
through Triad Marine. Zodiac MIIPro dues not process any orders directly from these
markets in Texas and will send all purchase or-ders for sales, training, service or warranty
exclusively to Triad Marine.
We appreciate your attention to our products and we look forward to your continued
support. Should you require any additional information please feel free to contact us.
This letter is currently effective until January 31 2024_
Regards, -
Franck Palomba_ Managing DirectDr, ZNA USA
rnob: +f 410,9-u6 5167
Page 7of13
EXHIBIT D
FORT WORTH
CITY OF FORT WORTH
CHAPTER 252 EXEMPTION FORM
Instructions: Fill out the entire form with detailed information. Once you have completed this form,
provide it to the Purchasing attorney for review. The attorney will review the information you have
provided to determine whether an exemption to Chapter 252's biding requirements is defensible.
If you are printing this form to provide to Legal, please do not provide the Primer portion. Failure
to provide sufficient information may result in follow up questions and cause a delay in the
attorney's determination.
Section 1: General Information
Requesting Department:
Name of Contract Manager:
Department's Attorney:
Item or Service sought:
Goods:
Service:
Anticipated Amount:
Vendor:
Current/Prior Agreement for item/service
CSC or Purchase Order #:
Amount:
Projected M&C Date:
How will this item or service be used?
Zodiak Mil Pro rescue boats for Fire
Property Management Department — Fleet Division
Brad Hunter
Christopher Austria
n
N
$30,000 Yearly
Triad Marine
Yes ® No ❑
CSC 52001
$34,000
n/a
Repair, maintenace and or services of Speciality
Has your department started a requisition or otherwise contacted the Purchasing Division related
to obtaining this good/service? Yes ❑ No M
If yes, please provide requisition number or brief explanation of contact with
Purchasing Division:
Page 1 of 4
Section 2: Claimed Exemption and Justification (Other than sole source)
NOTE - For a claimed sole -source exemption, complete Section 3.
Please indicate the non -sole -source exemption you believe applies to the purchase and provide
information to support its applicability. Please refer to the Exemption Primer for detailed
information about common exemptions:
[] A procurement necessary to preserve or protect the public health or safety of the City
of Fort Worth's residents;
Fj A procurement necessary because of unforeseen damage to public machinery,
equipment, or other property;
R A procurement for personal, professional, or planning services;
R A procurement for work that is performed and paid for by the day as the work
progresses;
[] A purchase of land or a right-of-way;
[] Paving drainage, street widening, and other public improvements, or related matters, if
at least one-third of the cost is to be paid by or through special assessments levied on
property that will benefit from the improvements;
[] A public improvement project, already in progress, authorized by the voters of the
municipality, for which there is a deficiency of funds for completing the project in
accordance with the plans and purposes authorized by the voters;
[] A payment under a contract by which a developer participates in the construction of a
public improvement as provided by Subchapter C, Chapter 212;
[] Personal property sold:
• at an auction by a state licensed auctioneer;
• at a going out of business sale held in compliance with Subchapter F,
Chapter 17, Business & Commerce Code;
• by a political subdivision of this state, a state agency of this state, or an
entity of the federal government; or
• under an interlocal contract for cooperative purchasing administered by a
regional planning commission established under Chapter 391;
[] Services performed by blind or severely disabled persons;
[] Goods purchased by a municipality for subsequent retail sale by the municipality;
[] Electricity; or
Page 2 of 4
R Advertising, other than legal notices.
Please provide details and facts to explain why you believe the exemption applies to the
purchase. You may also attach documentation to this form.
Section 3: Claimed Sole -Source Exemption and Justification
NOTE - For any non -sole -source exemption, complete Section 2.
Please indicate the sole -source exemption you believe applies to the purchase and provide
information to support its applicability. Please refer to the Exemption Primer for detailed
information about common exemptions
*A procurement of items that are available from only one source, including:
• items that are available from only one source because of patents, copyrights,
secret processes, or natural monopolies;
• films, manuscripts, or books;
• gas, water, and other utility services;
• captive replacement parts or components for equipment;
• books, papers, and other library materials for a public library that are
available only from the persons holding exclusive distribution rights to the
materials; and
• management services provided by a nonprofit organization to a municipal
museum, park, zoo, or other facility to which the organization has provided
significant financial or other benefits;
How did you determine that the item or service is only available from one source?
Vendor suaalied Sole Source letter from the Manfacturer
Attach screenshots and provide an explanation of any independent research you conducted,
through internet searches, searching cooperatives, or discussions with others knowledgeable on
the subject matter that corroborate that the item is available only from a single source.
Did you attach a sole source justification letter? ® Yes ❑ No
Describe the uniqueness of the item or service (e.g. compatibility or patent issues, etc.).
Page 3 of 4
These are inflatable rescue style boats manfactured by Zodiak Mil Pro that Fire has utilized for
many years. These are used in high water and water style rescues during catastrophic events,
easy. t�portewd and rapid deployment. They are unique in style and built to CFW Fire
specifications for rescue response. The Zodiak Mil Pro boat has patented compartments
separated by watertight partitions making the boat retains its buoyancy and remains conceptually
unsinkable when fully loaded, even with a deflated compartment.
Section 4: Attorney Determination
With the facts provided by the department, is the use of the claimed exemption defensible if the
City were to be challenged on this purchase? M Yes ❑ No.
Was there anything attached to this form that was relied on in making this determination?
M Yes ❑ No.
If yes, please explain: The Department provided a sole source letter.
Was there anything not included on this form or attached hereto that was relied on in making this
determination? [] Yes M No.
If yes, please explain: N/A
Will the standard terms and conditions apply?
Will the contract require special terms?
Will the contract require review by the department attorney?
Approved By:
�� C/4 AV4
J rJ
nato-Mensah
Asant City Attorney
M Yes
7 No.
[] Yes
7 No.
7 Yes
F-1 No.
Date: 3/6/2023
Page 4 of 4
EXHIBIT E
CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ
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.
1 Name of vendor who has a business relationship with local governmental entity.
Triad Marine & Industrial Supply, Inc.
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 about whom the information is being disclosed.
N/A
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?
F1 Yes F1 No
11 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.
N/A
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 176.003(a)(2)(B), excluding gifts described in Section 176.003(a-1).
7
23 Feb 2023
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 maybe 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 § 176.0010-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 § 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