HomeMy WebLinkAboutContract 57014-A1R1CSC No. 57014-AlR1
FIRST AMENDMENT AND FIRST RENEWAL TO
CITY SECRETARY CONTRACT NUMBER 57014
BETWEEN THE CITY OF FORT WORTH AND
PROFESSIONAL TURF PRODUCTS, L.P.
This FIRST AMENDMENT AND FIRST RENEWAL TO CITY SECRETARY
CONTRACT NUMBER 57014 ("First Amendment and First Renewal") is entered into by and
between the City of Fort Worth ("City"), a home -rule municipal corporation of the State of
Texas, and Turf Products, L.P. ("Vendor"). City and Vendor are referred to herein individually
as a "Party" and collectively as the "Parties."
WHEREAS, on January 11 2022, the Parties entered into a Cooperative Purchase
Agreement for City to procure two new mowers from Vendor City Secretary Contract No. 57014
("Agreement"); and
WHEREAS, due to delays and price increases, Vendor was unable to provide City with
the mowers within the term of the Agreement at the prices originally quoted; and
WHEREAS, City and Vendor desire to renew and extend the term of the Agreement and
amend the total compensation payable to Vendor;
NOW, THEREFORE, the Parties, acting herein by the through their duly authorized
representatives, enter into the following agreement, which amends and renews City Secretary
Contract No. 57014:
1.
The fourth paragraph of the Agreement, which reads "City shall pay Vendor in accordance
with the fee schedule in Exhibit A and in accordance with the provisions of this Agreement. Total
payment made under this Agreement for the first year by City shall be in the amount of Two
Hundred Forty -Three Thousand Nine Hundred Thirty -Three Dollars and Thirty -Five Cents
($243,933.35). Vendor shall not provide any additional items or services or bill for expenses
incurred for City not specified by this Agreement unless City requests and approves in writing the
additional costs for such services. City shall not be liable for any additional expenses of Vendor
not specified by this Agreement unless City first approves such expenses in writing." is amended
in its entirety to be and read as follows:
City shall pay Vendor in accordance with the fee schedule in Exhibit A and in
accordance with the provisions of this Agreement. Total payment made under this
Agreement by the City during the Initial Term or any Renewal Period shall be in the amount
of Two Hundred Fifty -Six Thousand One Hundred Thirty Dollars and Two Cents
($256,130.02). Vendor shall not provide any additional items or services or bill for
expenses incurred for City not specified by this Agreement unless City requests and
approves in writing the additional costs for such services. City shall not be liable for any
additional expenses of Vendor not specified by this Agreement unless City first approves
OFFICIAL RECORD
FIRST AMENDMENT AND FIRST RENEWAL OF CITY SECRETARY Page I of 7
CITY SECRETARY CONTRACT NO. 57014 FT. WORTH, Tx
such expenses in writing.
In the event no funds or insufficient funds are appropriated by the City in any fiscal
period for any payments due hereunder, the City will notify Vendor of such occurrence and
this Agreement shall terminate on the last day of the fiscal period for which appropriations
were received without penalty or expense to the City of any kind whatsoever, except as to
the portions of the payments herein agreed upon for which funds have been appropriated.
2.
The fifth paragraph of the Agreement, which reads "The term of this Agreement shall be
for one year beginning on January 11, 2022 and ending on March 31, 2022. The City shall be able
to renew this Agreement for two (2) one-year renewal options by written agreement of the parties."
is amended in its entirety to be and read as follows:
The term of this Agreement shall be for one year beginning on January 11, 2022
and ending on January 10, 2023 ("Initial Term"). The City shall be able to renew this
Agreement for two (2) one-year renewal options by written agreement of the parties (each
a "Renewal Term").
3.
Exhibit A of the Agreement is amended in its entirety to be and read as set forth in Exhibit
A of this First Amendment and First Renewal, which is attached hereto and incorporated herein
by reference.
H
The Agreement is renewed and extended for an additional one-year term from January 11,
2023 to January 10, 2024 ("First Renewal Term").
5.
a. All other provisions of the Agreement which are not expressly amended herein shall remain
in full force and effect.
b. All term in this First Amendment and First Renewal that are capitalized but not defined
shall have the meaning ascribed to those terms in the Agreement.
[SIGNATURES ON FOLLOWING PAGE]
FIRST AMENDMENT AND FIRST RENEWAL OF Page 2 of 7
CITY SECRETARY CONTRACT NO. 57014
Executed to be effective April 1, 2022:
CITY OF FORT WORTH:
Oana BUr,4hd0ff
Bylana Burghdoff (Ma 9, 2023 20:45 CDT)
Name: Dana Burghdoff
Title: Assistant City Manager
Date:
APPROVAL RECOMMENDED:
By: l
Name: Steve Cooke
Title: Director, Property Management
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By:
Name: Jannette Goodall
Title: City Secretary
VENDOR:
Professional Turf Products, L.P.
bVl�
By: David Lau (May 5, 2023 16:44 CDT)
Name: Davide Lau
Title: Chief Financial Officer
Date:
FIRST AMENDMENT AND FIRST RENEWAL OF
CITY SECRETARY CONTRACT NO. 57014
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.
b �cci�
Y-Denise Garcia TMay7,202315:39 CDT)
Name: Denise Garcia
Title: Purchasing Manager
APPROVED AS TO FORM AND LEGALITY:
B Richard A Mrfrarkan (may u ?Q2R ia-n� rnT)
Name: Richard A. McCracken
Title: Sr. Assistant City Attorney
CONTRACT AUTHORIZATION:
M&C: 22-0009
1295: N/A
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Page 3 of 7
EXHIBIT A
Professional Turf Products, L.P.
1010 North Industrial Blvd. 0
it Euless, Texas 76039
Kyle Mitchell m
(817)201-4444 ❑�
exot�esstortN. uee _eeuw'sv mitchellk@proturf.com
Ship To
City Of Fort Worth
Date:
3 21 2022
Bill To
OMINA - City of Mesa
Tax Rate
Contact
Destination
Address
5340 Overland Way, Fort Worth, TX 76107
Trade -In
Finance
Phone
Account Type
Contract
Email
I
I QMS: ID
Q75929
Comments:
Coop Contract Name - Grounds Maintenance Equipment, Parts, Accessories, Supplies, Related Services & Equipment Contract Number-
2017025 // Quote # EPR 3641/3551
Proposal
Qty
Model #
Description
Selling Price
1
31698
Groundsmaster 5900 (T4)
1
30669
Universal Sunshade, White
1
Toro Groundsmaster 5900
$
128,065.01
1
1
138-2700
Sunshade Work Lights (Led)
1
03247
Operator Cooling Fan
1
138-2699
Beacon Sunshade Kit
1
03248
Universal Sunshade Switch Panel
1
138-3002
Power Harness Kit
1
131-6691
Seat Cover Large Grey
1
31512
Back Up Alarm
1
132-1391
Atomic Blade Service Pack (11 Blades)
1
44958
MVP Kit 1000 Hour (PX Hydraulic Fluid -
Smart Value Program OMNIA
September 12, 2018 And Up)
SubTotal
$
128,065.01
Destination
Included
Tax Has Not Been Added
$
TOTAL
$
128,065.01
Comments:
For all New Equipment, Demo units may be available for up to 20% savings.
For all New Equipment, Refurbished units may be available for up to 40% savings.
Due to unexpected issues with much of our supply chain, we are experiencing longer lead times that we have seen in the past
Terms & Conditions:
1. Orders are considered contractual. Order cancellations are subject to fees up to 10% of the original order value.
2. New equipment delivery time will be determined once credit is approved & documents are executed.
3. Pricing, including finance options, valid for 30 days from time of quotation.
4. Payments by Credit Card are subject to convenience fee.
S. After 30 days all prices are subject to change without notice.
nfidential Property of Professional Turf Products Page 1 c
FIRST AMENDMENT AND FIRST RENEWAL OF Page 4 of 7
CITY SECRETARY CONTRACT NO. 57014
6. Used and Demo equipment is in high demand and availability is subject to change.
A. Upon firm customer commitment to purchase, said equipment availability will be determined and "locked".
B. In the event equipment is unavailable at time of order, PTP will employ every resource to secure an acceptable substitute.
C. PTP strongly advises the customer to issue a firm PO as quickly as possible after acceptance of quotation.
7. "Trade In Allowances" will be treated as a credit for future parts purchases on PTP account unless other arrangements have been made.
Returns Policy:
1. All returns are subject to restocking, refurbishing, usage, and shipping fees.
2. All returns must be able to be sold as new.
3. Items missing parts are non returnable.
4. Professional Turf Products will have sole discretion as to the resalable condition of the product
5. This policy does not apply to items that are defective, or shipped incorrectly by PTP or one of its vendors.
Payment:
1. Terms are net 10 unless prior arrangements have been made.
2. Quoted prices are subject to credit approval.
A. PTP will work with third party financial institutions to selcure leases when requested to do so.
B. When using third party financiers, documentation fees & advance payments may be required.
C. For convenience, monthly payments are estimated based on third party rate factors in effect at time of the quotation.
D. PTP assumes no liability in the event credit becomes unavailable or rates change during the approval process.
3. There will be a service charge equal to 1.5% per month (18% per annum) on all past due invoices.
4. By Law we are required to file a "Notice to Owner" of our intent to file lien in the event of payment default
This notice must be sent within 60 days of the date the original invoice and will happen automatically regardless
of any special payment arrangements that may have been made.
AuthoriaedlSfgoeuire+i1t�i'
I '
ifidential Property of Professional Turf Products
FIRST AMENDMENT AND FIRST RENEWAL OF
CITY SECRETARY CONTRACT NO. 57014
Date:
Page 2 c
Page 5 of 7
Professional Turf Products, L.P.
1010 North Industrial Blvd. - , ■
Euless, Texas 76039 uL
Kyle Mitchell low coax: on ss. Ffy
(817) 201-4444 �'ft
UEt mitchellk(_aproturf.com
Ship To
City Of Fort Worth
Date:
3 21 2022
Bill To
OMNNA - City of Mesa
Tax Rate
Contact
Destination
Address
5340 Overland Way, Fort Worth, TX 76107
Trade -In
Finance
Phone
Account Type
Contract
Email
QMS:ID
I Q75929
Comments:
Coop Contract Name - Grounds Maintenance Equipment, Parts, Accessories, Supplies, Related Services & Equipment Contract Number -
2017025 // Quote # EPR 3641/3551
Proposal
Qty
Model #
Description
1
31698
Groundsmaster 590D (T4)
1
30669
Universal Sunshade, White
1
Toro Groundsmaster 5900
1
1
138-2700
Sunshade Work Lights (Led)
1
03247
Operator Cooling Fan
1
138-2699
Beacon Sunshade Kit
1
03248
Universal Sunshade Switch Panel
1
138-3002
Power Harness Kit
1
131-6691
Seat Cover Large Grey
1
31512
Back Up Alarm
1
132-1391
Atomic Blade Service Pack (11 Blades)
1
44958
MVP Kit 1000 Hour (PX Hydraulic Fluid -
September 12, 2018 And Up)
SubTotal
Destination
Tax Has Not Been Added
Selling Price
128, 065.01
Smart Value Program OMNIA
129,065.01
Included
TOTAL $ 128,065.01
Comments:
For all New Equipment, Demo units may be available for up to 20% savings.
For all New Equipment, Refurbished units may be available for up to 40% savings.
Due to unexpected issues with much of our supply chain, we are experiencing longer lead times that we have seen in the past.
Terms & Conditions:
1. Orders are considered contractual. Order cancellations are subject to fees up to 10% of the original order value.
2. New equipment delivery time will be determined once credit is approved & documents are executed.
3. Pricing, including finance options, valid for 30 days from time of quotation.
4. Payments by Credit Card are subject to convenience fee.
S. After 30 days all prices are subject to change without notice.
ifidential Property of Professional Turf Products
FIRST AMENDMENT AND FIRST RENEWAL OF
CITY SECRETARY CONTRACT NO. 57014
Page 1 c
Page 6 of 7
6. Used and Demo equipment is in high demand and availability is subject to change.
A. Upon firm customer commitment to purchase, said equipment availability will be determined and "locked".
B. In the event equipment is unavailable at time of order, PTP will employ every resource to secure an acceptable substitute.
C. PTP strongly advises the customer to issue a firm PO as quickly as possible after acceptance of quotation.
7. "Trade In Allowances" will be treated as a credit for future par s'purchases on PTP account unless other arrangements have been made.
Returns Policy:
1. All returns are subject to restocking, refurbishing, usage, and Shipping fees.
2. All returns must be able to be sold as new.
3. Items missing parts are non returnable.
4. Professional Turf Products will have sole discretion as to the resalable condition of the product.
S. This policy does not apply to items that are defective, or shipped incorrectly by PTP or one of its vendors.
Payment:
1. Terms are net 10 unless prior arrangements have been made.
2. Quoted prices are subject to credit approval.
A. PTP will work with third party financial institutions to secure leases when requested to do so.
B. When using third party financiers, documentation fees & advance payments may be required.
C. For convenience, monthly payments are estimated based on third party rate factors in effect at time of the quotation.
D. PTP assumes no liability in the event credit becomes unavailable or rates change during the approval process.
3. There will be a service charge equal to 1.5% per month (18% per annum) on all past due invoices.
4. By Law we are required to file a "Notice to Owner" of our intent to file lien in the event of payment default
This notice must be sent within 60 days of the date the original invoice and will happen automatically regardless
of any special payment arrangements that may have been made.
Authorized Signature: Dare:
nfidential Property of Professional Turf Products
FIRST AMENDMENT AND FIRST RENEWAL OF
CITY SECRETARY CONTRACT NO. 57014
Page 2 c
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