HomeMy WebLinkAboutContract 59442-A1CSC No. 59442-A1
AMENDMENT NO. 1
TO
CITY OF FORT WORTH CONTRACT 59442
This Amendment is entered into by and between the City of Fort Worth (hereafter
"City"), a home rule municipality, and RDO Equipment Co (hereafter "Vendor"). City and RDO
Equipment Co shall be referred to individually as a Party and collectively as the Parties.
WHEREAS, on May 19, 2023, the Parties entered into City Secretary Contract 59442
for RDO Equipment Co to provide City with off -road vehicles and equipment ("Contract");
WHEREAS, the Contract provided for an initial term ending on May 13, 2024, with no
renewal options;
WHEREAS, the Contract was initially made in an amount up to one hundred thousand
dollars ($100,000.00);
WHEREAS, the initial purpose of the Contract was for Vendor to provide a specific
number of off -road equipment purchases for which a singular quote was available, attached as
Exhibit A to the Contract; and
WHEREAS, the Parties now wish to amend the Contract to increase both the spending
capacity and allow for the Parties to purchase additional off -road vehicles and equipment on an
as -needed and available basis, subject to the limitations under Mayor and Council
Communications No. 23-0450 (approved on June 13, 2023).
NOW, THEREFORE, the Parties, acting herein by the through their duly authorized
representatives, enter into the following agreement:
1.
AMENDMENTS
A. The compensation section of the Contract is hereby amended and replaced in its
entirety with the following:
City shall pay Vendor in accordance with the fee schedule in Exhibit A, including any future quotes
provided by Vendor, and in accordance with the provisions of this Agreement. Total payment
made under this non-exclusive Agreement for the first year by City shall be an amount not to
exceed Ten -Million Dollars and Zero Cents ($10,000,000.00). The Parties acknowledge that this
is a non-exclusive agreement to purchase fleet vehicles, off -road vehicles, and other motorized
equipment and there is no guarantee of any specific amount of purchase. Further, Vendor
recognizes that the not to exceed amount mentioned above is the total amount of funds available,
collectively, for any Vendor that enters into an agreement with the City under Mayor and Council
Communication No. 23-0450 (June 13, 2023) and that once the collected not to exceed amount
has been exhausted, funds have therefore been exhausted under this Agreement as well.
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
B. The following provision shall be added to the Agreement immediately following the
compensation provision, as amended herein:
The Parties may engage in multiple transactions to purchase vehicles under this Agreement.
For each purchase, Vendor must supply a quote for the subject vehicles and the quote must
conform with the then -current pricing under the underlying cooperative agreement. If the
City accepts the quote and places an order for the vehicle(s), that quote shall be considered
an addendum to this agreement but is not required to be filed in the City records. The
Parties will maintain all quotes for the 3-year Audit period included herein.
2.
ALL OTHER TERMS SHALL REMAIN THE SAME
All other provisions of the Contract which are not expressly amended herein shall remain
in full force and effect.
3.
ELECTRONIC SIGNATURE
This Amendment and Extension may be executed in multiple counterparts, each of
which shall be an original and all of which shall constitute one and the same instrument.
A facsimile copy or computer image, such as a PDF or tiff image, or a signature, shall be
treated as and shall have the same effect as anoriginal.
(signature pagefollows)
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ACCEPTED AND AGREED:
CITY OF FORT WORTH:
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By: Dana Burghdoff (18, 2013'17:12 CDT)
Name: Dana Burghdoff
Title: Assistant City Manager
Date: J U l 18, 2023
APPROVAL RECOMMENDED:
By. �x'
Name: Ricardo Salazar
Title: Interim Director, Property
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By:
Name: Janette Goodall
Title: City Secretary
VENDOR: RDO Equipment Co
ByAu5 n alker lJu[I 0i311:i8 CDT1
NameAustin Walker
Title: Governmental Sales Representative
Date: J U 113, 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.
k vein Garcia
By: Denise Garcia (Jul 18, 2023 08:21 CDT)
Name: Denise Garcia
Title: Purchasing Manager
APPROVED AS TO FORM AND LEGALITY:
By:
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Name: Jessika Williams/Jeremy Anato-
Mensah
Title: Assistant City Attorney
CONTRACT AUTHORIZATION:
M&C: 23-0450
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX