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HomeMy WebLinkAboutContract 55887-A3CSC No. 55887-A3 THIRD AMENDMENT TO FORT WORTH CITY SECRETARY CONTRACT NO.55887 This Amendment is entered into by and between the City of Fort Worth (hereafter "Buyer"), a home rule municipality, with its principal place of business at 200 Texas Street, Fort Worth, Texas, and Fastenal Company ("Vendor"), Buyer and Vendor may be referred to individually as a Parry and collectively as the Parties. WHEREAS, City of Fort Worth and vendor entered into a Cooperative Agreement to provide facilities maintenance, repair & operations for the Water Department identified as City Secretary Contract No. 57855 beginning July 1, 2022 and ending June 30, 23 ("Agreement/ Contract"); and WHEREAS, the Parties wish to amend the Agreement to increase the overall annual amount to $550,000.00 as authorized by M&C 23-0458; NOW THEREFORE, the Parties, acting herein through their duly authorized representatives, agree to the following terms, which amend the Agreement as follows: 1. Compensation - Paragraph 2 of the first page of the Agreement is hereby deleted in its entirety and replaced with the following: City shall pay Vendor in accordance with the fee schedule in Exhibit A and in accordance with the provisions of the Agreement. Total payment made under this Agreement by City shall be in the amount of Five Hundred, Fifty Thousand Dollars ($550,000.00). 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. 2. ALL OTHER TERMS SHALL REMAIN THE SAME. All other provisions of the Agreement which are not expressly amended herein shall remain in full force and effect. [Signature Page Follows] OFFICIAL RECORD CITY SECRETARY Executed effective as of the date signed by the Assistant City Manager below. FT. WORTH, Tx FORT WORTH: City of Fort Worth a` By: Dana Burghdoff (J 10, 20 16 CDT) Name: Dana Burgdoff Title: Assistant City Manager Date: Approval Recommended: I-AurA R wilson for By: LauraRWilson for(JUI7,202316:52CDT) Name: Chris Harder Title: Water Director Attest: Fo FOR o' 0'� °�� ca P o=Pvo PPa* oa* a oo-000 44 Name: Jannette Goodall Title: City Secretary VENDOR: Fastenal Company By: Name: +EeroiirP - , William Drazkowski Title:-Fep�,crnmcnl Executive Vice President Date: 7/7/2023 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: Reg6t >L %6w Name: Regina Jones Title: Contract Compliance Specialist Approved as to Form and Legality: By: Name: Jeremy Anato-Mensah Title: Assistant City Attorney Contract Authorization: M&C: 23-0458 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Page 2 of 2 City of Fort Worth, Texas Mayor and Council Communication DATE: Tuesday, June 13, 2023 REFERENCE NO.: **M&C 23-0458 LOG NAME: 13PAMEND FASTENAL MRO FMS HO SUBJECT: (ALL) Authorize Amendment to Cooperative Agreement with Fastenal Company to Increase the Annual Amount by $150,000.00 for a New Total Annual Amount of $550,000.00 for Facility Maintenance, Repair and Operations, and Industrial Supplies for All City Departments RECOMMENDATION: It is recommended that the City Council authorize an amendment to the Cooperative Agreement with Fastenal Company to increase the annual amount by $150,000.00 for a new total annual amount of $550,000.00 for facility maintenance, repair and operations, and industrial supplies for all City Departments. DISCUSSION: On July 18, 2018, the City of Fort Worth entered into an agreement with Fastenal Company under TXMAS Cooperative Agreement, No. TXMAS-1 8-51 V07, in an amount up to $100,000.00. On June 2, 2020, Mayor and Council Communication (M&C) 20-0352 was authorized by City Council to amend the contract increasing the annual amount up to $200,000.00. On March 2, 2021, M&C 21-0139 was authorized by City Council to amend the contract increasing the annual amount up to $300,000.00. Amendment No. 2 was executed on July 8, 2022, increasing City Secretary Contract (CSC) No. 55887 to an annual amount up to $400,000.00 using the administration change order provided by M&C 21-0139. The increased spending with Fastenal Company is being requested because the Water Department is in the process of purchasing equipment utilized in the inspection of sewer lines and miscellaneous minor equipment. This equipment will help determine which pipes need to be replaced before failure or where repairs need to be made and is essential to the day-to-day operations in the Field Operations Division of the Water Department. Purchasing requests that City Council authorize an increase to the above - described contract by $150,000.00 to accommodate this increased, necessary spending. The new total annual amount of the agreement would be $550,000.00. FUNDING: The maximum amount allowed under this agreement Citywide will be $550,000.00; however, the actual amount used will be based on the need of each department and available budget. AGREEMENT TERM - The current agreement term is from July 1, 2022, to June 30, 2023. Upon the expiration of the current term, the City will have two (2) options to renew the agreement. ADMINISTRATIVE CHANGE ORDER - An administrative change order or increase may be made by the City Manager 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. COOPERATIVE PURCHASE - State law provides that a local government purchasing an item under a Cooperative Purchasing Agreement satisfies state laws requiring that the local government seek competitive bids for the purchase of the item. DVIN: An MBE/SBE goal is not assigned when purchasing from an approved purchasing cooperative or public entity. The Cooperative Agreement serves ALL COUNCIL DISTRICTS. http://apps.cfwnet.org/ecouncil/printmc.asp?id=31086&print=true&DocType=Print 6/27/2023 FISCAL INFORMATION / CERTIFICATION: The Director of Finance certifies that funds are available in the current operating budget, as previously appropriated, in the participating departments' Operating Funds to support approval of the above recommendation and execution of the agreement. Prior to any expenditure being incurred, the participating departments have the responsibility to validate the availability of funds. BQN\\ FUND IDENTIFIERS (FIDsJ: TO Fund Department Account Project ProgramActivity Budget Reference # Amounts ID ID Year (Chartfield 2) FROM Fund Department Account Project ProgramActivity Budget Reference # Amoun ts ( ID ID Year (Chartfield 2) CERTIFICATIONS: Submitted for Citv Manaqer's Office bv: Oriqinatinq Department Head: Additional Information Contact: ATTACHMENTS 1. Fastenal FID Table.xlsx (CFW Internal) Reginald Zeno (8517) Dana Burghdoff (8918) Reginald Zeno (8517) Christopher Harder (5020) Jo Ann Gunn (8525) Heather Oakes (8354) http://apps.cfwnet.org/ecouncil/printmc.asp?id=31086&print=true&DocType=Print 6/27/2023