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HomeMy WebLinkAboutContract 60016CSC No. 60016 FORT WORTH CITY OF FORT WORTH COOPERATIVE PURCHASE AGREEMENT This Cooperative Purchase Agreement ("Agreement") is entered into by and between Fonroche Lighting America, ("Vendor") and the City of Fort Worth, ("City"), a Texas home rule municipality. The Cooperative Purchase Agreement includes the following documents which shall be construed in the order of precedence in which they are listed: l . This Cooperative Purchase Agreement; 2. Exhibit A — Seller's Quote, Scope of Services or Purchase Order; 3. Exhibit B — Cooperative Agency Contract, Allied States Cooperative 23-7457; and 4. Exhibit C — Conflict of Interest Questionnaire. Exhibits A, B, and C which are attached hereto and incorporated herein, are made a part of this Agreement for all purposes. Vendor agrees to provide City with the services and goods included in Exhibit A pursuant to the terms and conditions of this Cooperative Purchase Agreement, including all exhibits thereto. City shall pay Vendor in accordance with the fee schedule in Exhibit 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 Five -Hundred Thousand Dollars ($500,000.00). 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. The term of this Agreement is effective beginning on the date signed by the Assistant City Manager below ("Effective Date") and expires on April 30, 2024 in line with cooperative contract. Upon the expiration of this Term, the Agreement shall renew automatically under the same terms and conditions for up to three (3) one-year renewal periods, unless City or Contractor provides the other party with notice of non -renewal at least 60 days before the expiration of the Initial Term or renewal period. However, if funds are not appropriated, the City may cancel the Agreement 30 calendar days after providing written notification to the Contractor. Vendor agrees that City shall, until the expiration of three (3) years after final payment under this Agreement, or the final conclusion of any audit commenced during the said three years, have access to and the right to examine at reasonable times any directly pertinent books, documents, papers and records, including, but not limited to, all electronic records, of Vendor involving transactions relating to this Agreement at no additional cost to City. Vendor agrees that City shall have access during normal working hours to all necessary Vendor facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. City shall give Vendor reasonable advance notice of intended audits. OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Federal Comuliance: Vendor agrees to comply with all federal statutes relating to nondiscrimination, labor standards, domestic preference and environmental compliance. Additionally, for work to be performed under the Agreement or subcontract thereof, including procurement of materials or leases of equipment, Vendor shall notify each potential subcontractor or supplier of the Vendor's federal compliance obligations. These may include, but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§ 1681- 1683, and 1685-1686), which prohibits discrimination on the basis of sex; (c) the Fair Labor Standards Act of 1938 (29 USC 676 et. seq.), (d) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of handicaps and the Americans with Disabilities Act of 1990; (e) the Age Discrimination in Employment Act of 1967 (29 USC 621 et. seq.) and the Age Discrimination Act of 1974, as amended (42 U.S.C. §§ 6101-6107), which prohibits discrimination on the basis of age; (f) any other nondiscrimination provisions in any specific statute(s) applicable to any Federal funding for this Agreement; (g) the requirements of any other nondiscrimination statute(s) which may apply to this Agreement; (h) applicable provisions of the Davis - Bacon Act under 40 USC § 3141 — 3148, and the Contract Work Hours and Safety Standards Act under 40 USC § 3701 — 3708; (i) applicable provisions of the Rights to Invention Made Under Contract or Agreement Act under 37 CFR Part 40 1; 0) applicable provisions of the Clean Air Act under 42 USC § 7401 — 7671, the Energy Federal Water Pollution Control Act 33 USC § 1251 — 1387, and the Energy Policy Conservation Act under 42 USC § 6201; (k) compliance with all Buy America requirements under 23 USC 313 and 23 CFR 635.410, which require a domestic manufacturing process for any steel or iron products; (1) Compliance with Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment under 2 CFR §200.216 and §200.471; (m) compliance with federal assistance programs under Executive Order 12549, Debarment and Suspension, which prohibit participation of debarred or suspended or otherwise excluded from or ineligible vendor or its suppliers using federal funds; (n) compliance with federal restriction on lobbying expenditures under 2 CFR 200 clauses: (o) consistent with Domestic preferences for procurements under 2 CFR §200.322, which provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States as appropriate and to the greatest extent practicable. Notices required pursuant to the provisions of this Agreement shall be conclusively determined to have been delivered when (1) hand -delivered to the other party, its agents, employees, servants or representatives, (2) delivered by facsimile with electronic confirmation of the transmission, or (3) received by the other party by United States Mail, registered, return receipt requested, addressed as follows: To CITY: City of Fort Worth Attn: William Johnson, Assistant City Manager 200 Texas Street Fort Worth, TX 76102-6314 Facsimile: (817) 392-8654 With copy to Fort Worth City Attorney's Office at same address To VENDOR: Fonroche Lighting America 10 Roessler Road, Suite F Woburn, MA 01801 Facsimile: N/A The undersigned represents and warrants that he or she has the power and authority to execute this Agreement and bind the respective Vendor. CITY OF FORT WORTH: By: William Johnson (A 29, 2023 17:56 CDT) Name: William Johnson Title: Assistant City Manager Date: Aug 29, 2023 APPROVAL RECOMMENDED: By: Lauren Prieur(Aug24, 202308:09 CDT) Name: Lauren Prieur Title: Director 46ocaO° d o*F°ATTEST: op� vo o= P?�p'h d0s4�°n°°4°� Xo�RnRr5y44 By: Name: Janette Goodall Title: City Secretary VENDOR: Fonroche Lighting A By: Name: ocin um Title: CEO Date: August 22nd zv2a 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: Name: Brandon Callicoat Title: TPW Superintendent APPROVED AS TO FORM AND LEGALITY: n, By: Name: Jeremy Anato Mensah Title: Assistant City Attorney CONTRACT AUTHORIZATION: M&C: 23-0619 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Exhibit A Product Name I Price System Quantity 5-9 Quantity 10 Plus Fonroche Smartlight - 14' pole, Solar System Single CK16; 4' Arm Battery Power 365 Extreme Temperature Rating (from -40°F to +158°F), 5 Year Full Non Pro -Rated USD 5,981.25 USD 5,793.75 Warranty, All Night Lighting Guarantee FonrocheSmartlight (Twin Fixture)-14' pole, Solar System two CK16; 4' Arm Battery Power 365 Extreme Temperature Rating (from -407 to +1587), USD 6,068.75 USD 5,881.25 5 Year Full Non Pro -Rated Warranty, All Night Lighting Guarantee Fonroche Smartlight - 20' pole, Solar System Single CK16; 4' Arm Battery Power 365 Extreme Temperature Rating (from -40°F to +158°F), 5 Year Full Non Pro -Rated USD 6,231.25 USD 6,043.75 Warranty, All Night Lighting Guarantee Fonroche Smartlight (Twin Fixture)- 20' pole, Solar System two CK16; 4' Arm Battery Power 365 Extreme Temperature Rating (from -407 to +158°F), USD 6,456.25 USD 6,268.75 5 Year Full Non Pro -Rated Warranty, All Night Lighting Guarantee Fonroche Smartlight - 25' pole, Solar System Single CK16; 4' Arm Battery Power 365 Extreme Temperature Rating (from -40°F to +158°F), 5 Year Full Non Pro -Rated USD 6,622.50 USD 6,435.00 Warranty, All Night Lighting Guarantee USD 5,513 USD 5,600 USD 5,763 USD 5,988 USD 6,154 Quanity 40 each 22052 USD 5,513 22400 USD 5,600 USD 5,763 23952 USD 5,988 24616 USD 6,154 FonrocheSmartlight (Twin Fixture)- 25' pole, Solar System two CK16 ; 4' Arm Battery Power 365 Extreme Temperature Rating (from -40`F to +1587), USD 6,720.00 USD 6,532.50 USD 6,251 5 Year Full Non Pro -Rated Warranty, All Night Lighting Guarantee Fonroche Smartlight -14' pole, Solar System Single CK16 ; 4' Arm Battery Power 365 Extreme Temperature Rating (from -40°F to +1587), 5 Year Full Non Pro -Rated USD 8,181.25 USD 7,993.75 USD 7,713 Warranty, All Night Lighting Guarantee FonrocheSmartlight (Twin Fixture)-14' pole, Solar System two CK16; 4' Arm Battery Power 365 Extreme Temperature Rating (from -407 to +1587), USD 8,268.75 USD 8,081.25 USD 7,800 5 Year Full Non Pro -Rated Warranty, All Night Lighting Guarantee Fonroche Smartlight - 20' pole, Solar System Single CK16 ; 4' Arm Battery Power 365 Extreme Temperature Rating (from -40°F to +1587), 5 Year Full Non Pro -Rated USD 8,431.25 USD 8,243.75 USD 7,963 Warranty, All Night Lighting Guarantee FonrocheSmartlight (Twin Fixture)- 20' pole, Solar System two CK16 ; 4' Arm Battery Power 365 Extreme Temperature Rating (from -40'F to +1587), USD 8,656.25 USD 8,468.75 USD 8,188 5 Year Full Non Pro -Rated Warranty, All Night Lighting Guarantee Fonroche Smartlight - 25' pole, Solar System Single CK16 ; 4' Arm Battery Power 365 Extreme Temperature Rating (from -40°F to +1587), 5 Year Full Non Pro -Rated USD 8,822.50 USD 8,635.00 USD 8,354 Warranty, All Night Lighting Guarantee 25004 USD 6,251 30852 USD 7,713 31200 USD 7,800 31852 USD 7,963 32752 USD 8,188 33416 USD 8,354 FonrocheSmartlight (Twin Fixture)- 25' pole, Solar System two CK16 ; 4' Arm Battery Power 365 Extreme Temperature Rating (from -40`F to +1587), USD 8,920.00 USD 8,732.50 USD 8,451 5 Year Full Non Pro -Rated Warranty, All Night Lighting Guarantee Fonroche Smartlight -14' pole, Solar System Single CK16 ; 4' Arm Battery Power 365 Extreme Temperature Rating (from -40°F to +1587), 5 Year Full Non Pro -Rated USD 8,181.25 USD 7,993.75 USD 7,713 Warranty, All Night Lighting Guarantee FonrocheSmartlight (Twin Fixture)-14' pole, Solar System two CK16; 4' Arm Battery Power 365 Extreme Temperature Rating (from -407 to +1587), USD 8,268.75 USD 8,081.25 USD 7,800 5 Year Full Non Pro -Rated Warranty, All Night Lighting Guarantee Fonroche Smartlight - 20' pole, Solar System Single CK16 ; 4' Arm Battery Power 365 Extreme Temperature Rating (from -40°F to +1587), 5 Year Full Non Pro -Rated USD 8,431.25 USD 8,243.75 USD 7,963 Warranty, All Night Lighting Guarantee FonrocheSmartlight (Twin Fixture)- 20' pole, Solar System two CK16 ; 4' Arm Battery Power 365 Extreme Temperature Rating (from -40'F to +1587), USD 8,656.25 USD 8,468.75 USD 8,188 5 Year Full Non Pro -Rated Warranty, All Night Lighting Guarantee Fonroche Smartlight - 25' pole, Solar System Single CK16 ; 4' Arm Battery Power 365 Extreme Temperature Rating (from -40°F to +1587), 5 Year Full Non Pro -Rated USD 8,822.50 USD 8,635.00 USD 8,354 Warranty, All Night Lighting Guarantee 33804 USD 8,451 30852 USD 7,713 31200 USD 7,800 31852 USD 7,963 32752 USD 8,188 33416 USD 8,354 FonrocheSmartlight (Twin Fixture)- 25' pole, Solar System two CK16 ; 4' Arm Battery Power 365 Extreme Temperature Rating (from -40`F to +1587), 5 Year Full Non Pro -Rated Warranty, All Night Lighting Guarantee USD 8,920.00 USD 8,732.50 USD 8,451 33804 USD 8,451 USD 505,776 Exhibit B EDUCATION SERVICE CENTER REGION 19 ALLIED STATES COOPERATIVE RFP AWARD SUMMARY RFP TITLE: Maintenance, Repair and Operation (MRO) Equipment, Supplies, Materials and Services (Supplemental) - ESC Region 19 Allied States Cooperative RFP NUMBER: 23-7457 RFP OPENING DATE: March 21, 2023 CONTRACT TERM: Date of award until April 30, 2024, with 3 annual extension options. FUNDING SOURCE: Various RFP's ISSUED: 1,604 RESPONSES: 55 ADVERTISEMENT DATES: El Paso Times - February 20, 2023 & February 27, 2023 RECOMMENDED FOR AWARD: A2Z Supplies (Heather C Ivy) American Refrigeration Supplies Inc (ARS) AMPTX Electric, LP B&M Machinery (B&M Industrial Inc) Bio Remedies (Texas Fannon Enterprises Inc) Black Stallion Construction, Inc (Black Stallion Contractors, Inc.) (HUB) Clowe & Cowan (Clowe and Cowan of El Paso LLC) Competitive Choice (HUB) Contractors Tiles Plus, Inc. (HUB) Dale Borens Service Supply Delta Air (Omar Medina) Delta Air Conditioning and Heating LLC Dunn -Edwards Corporation El Paso & Juarez Paint, Inc. El Paso J.A.G, Inc. (HUB) El Paso Recycling Inc El Paso Rio Electric, Inc Engineered Equipment Sales & Testing Facility Solutions Group Inc Ferguson Enterprises LLC (Ferguson US Holdings, Inc) Fonroche Lighting America Full Turn Interior Solutions LLC Hercules Industries Inc. Liber Holdings LLC (Roger Brown Co) (HUB) Longhorn Electrical Services, Inc. (HUB) Mentru Enterprises (Olga Mendoza Duran) Morrison Supply (MORSCO Supply, LLC) Pride General Contractors LLC Purvis Industries Saenz Material & Handling of El Paso Inc. Sigler Wholesale Distributors (Russell Sigler Inc) Sun City Plumbers (Sun City Plumbers, LLC) (HUB) Sunset Carpets (Victor F. Nevarez dba Sunset Carpets) Texas Chiller Systems, LLC. Texas EnviroBlast,LLC Tools Required, LLC (Steven John Pena) Varitec Solutions (Javine WMC) (JVI Arizona LLC) 042023 Warrior Xpress Solutions, LLC West Texas Chiller Solutions LLC Western Star Entrprises Woodart Enterprises, LLC. Work Wear Safety Shoes (Northern Imports) Yee Electrical Contractor LLC (Yocmin W. Yee) TOTAL (estimated) $500,000,000.00/year EXPLANATIONS: Award of this solicitation will enable ESC Region 19 - Allied States Cooperative (ASC) to establish a contract with vendor(s) for Maintenance, Repair and Operation (MRO) Equipment, Supplies, Materials and Services for those procurements made with federal, state or local funds. Evaluation and award recommendation were based on 70% pricing and services/qualifications and 30% references. Copper State Bolt and Nut, Desert Contracting, Sun City Winnelson Co., and Total Maintenance Solutions (TMS-SOUTH) submitted a proposal however were not considered; vendors are already awarded on an existing contract. A5 Auto Supply Inc (NAPA Auto Parts), A -Tex Restaurant Supply Inc., Cbs Dme & Medical Supplies (Adrienne Sierra), Continental Wireless Inc, iTAD Solutions (Taber Group LLC), Longhorn Distributing (Loren Hodges & Sons, Inc), Spectrum Paper Co. Inc., and UWorld LLC submitted a proposal however were not considered; vendors do not meet the scope of work. The awarded vendors' pricing and information can be found on the Award Detail spreadsheet. SPECIFICATIONS, PREPARATION AND EVALUATION PROVIDED BY: Rebecca Hernandez — ESC Region 19 Andrea Amid — ESC Region 19 Patty Delgado - ESC Region 19 Special Conditions This solicitation is to include but not limited to: abrasives, soldering and welding, building facilities supplies, electrical lighting, motors and power transmission, drills, reamers, counter bores, dies and taps, fasteners, adhesives and hardware, hand tools, lumber and specialty woods, material handling, storage, packaging, measuring instruments, threaded piping, pumps, paint, ballasts, batteries, computer duct (wire mold), conduit boxes, conduit (EMC, IMC, FLEX, PVC), conduit fittings, lamps (incandescent, fluorescent, HID, miniature), lighting fixtures, power controls (contractors, relay, starters, pushbuttons), power distribution (load centers, disconnectors, breakers), wire, wire connectors (wire nuts), wiring devices, HVAC/refrigeration systems, equipment, parts, supplies, services, swamp cooler/refrigerated AC units, commercial gas water heaters, plumbing parts and accessories, water coolers and parts, plumbing faucets, fixtures and parts, floats, vacuum breakers, relief valves, toilets, wash basins, urinals, washers, couplings, clamps, bolts, piping, tubing, fittings, valves, floor surface and wall coverings such as carpet, laminate, linoleum, tile and related, clear laminated safety glass, clear plate glass, glass solexia, grey laminated glass, wire glass, channel aluminum screen, screen corners, screen wire, spline, J-bar deep pocket, and related equipment, supplies, tools, etc. This proposal will identify primary suppliers for various maintenance, repair, and operations equipment, supplies, and materials to be purchased on an as needed basis during the contract term for transportation, building facilities, and other equipment used. 042023 3. This solicitation will cover small skilled labor projects. It is not intended to be utilized as a multi- discipline contract. Vendors can only do the services for which they are awarded. Services are to include but not limited to installation, removal, repair, consultation, and measurement. Disciplines include but are not limited to carpet, tile, glass, electrical, heating ventilation and cooling (HVAC), plumbing, welding, carpentry, masonry, and painting. 4. Please note that if catalog(s) require different discounts, please provide the minimum discount offered for all catalogs or items. Ranges are not allowed in the system. 5. No proposals tied to catalogs will be considered unless accompanied with a current catalog. 6. ESC Region 19 Allied States Cooperative understand catalogs change routinely. Updated catalogs are required to be submitted for approval. All discounts must remain the same as awarded. 7. Vendor agrees that pricing discounts submitted are the best pricing based on the criteria and that if seasonal and special promotion pricing exceed the bid pricing, the vendor will honor the lower pricing. 8. Exclusive, proprietary, or sole source supplies and goods should be so noted in vendor's response for evaluation purposes. Proof of copyrights and patents should be submitted with proposals; however, no sole sources will be considered for purchases from this contract unless it is included with the original RFP. 9. Contractor shall furnish all personnel, material, parts, equipment, and tools necessary to complete the project and pricing for those services shall be included in the proposal. 10. Vendor may be required to provide a payment and/or performance bond to member. Bonding and permits are a pass -through cost and should be itemized on the quote. 11. Vendor shall provide verification that product meets minimum recommendations based on industry standards, if requested by member. 12. All installation of products offered through this solicitation must be performed by a properly licensed and bonded (when necessary) installer authorized by the manufacturer. All installers authorized by the manufacturer must be in good standing with the state and its political subdivisions. 13. Product shall be installed as specified by the manufacturer. Clean up will be on a daily basis and the worksite will be returned to original and safe condition upon completion of the work, free of rubbish, wrappings, debris, trimmings, soda cans, and other peripheral trash. 14. This contract will NOT cover asbestos removal. Member is responsible for ensuring area is free from environmental contaminants. 15. Vendor must be able to provide licensing or employee credentials to member upon request. Approved By: Date: Dr. Armando Aguirre April 4, 2023 042023 Exhibit C - Conflict of Interest Questionnaire CONFLICT OF INTEREST QUESTIONNAIRE FORM CIO 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. J Name of vendor who has a business relationship with local governmental entity. FONROCHE LIGHTING AMERICA Ij ❑ 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.) J Name of local government officer about whom the information is being disclosed. Name of Officer J 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 CIQ as necessary. N/A 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 XI 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? F] Yes F7No J 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 J ❑ 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). J August 22nd 2023 Signature of vendor doing h 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 A complete 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 & 176.001(1-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 4 176.003(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) A vendor 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 M&C - Council Agenda City of Fort Worth, Texas Mayor and Council Communication DATE: Tuesday, August 8, 2023 REFERENCE NO.: **M&C 23-0619 LOG NAME: 13P COOP ASC 23-7457 LED ROADWAY LIGHTS AND MATERIALS CH TPW SUBJECT: (ALL) Authorize Execution of a Contract with Fonroche Lighting America, Inc. for LED Roadway Lights and Materials Utilizing Allied States Cooperative Contract 23-7457 in an Annual Amount Up to $500,000.00 and Authorize Three One -Year Automatic Renewals in the Listed Amounts for the Transportation and Public Works Department RECOMMENDATION: It is recommended that the City Council authorize the execution of a contract with Fonroche Lighting America, Inc. for LED roadway lights and materials utilizing the Allied States Cooperative Contract 23-7457 for an annual amount up to $500,000.00 and authorize three one-year automatic renewals in the listed amounts for the Transportation and Public Works Department. DISCUSSION: The Transportation and Public Works Department approached the Purchasing Division to enter into an agreement with, Fonroche Lighting America, Inc. under the Allied States Cooperative Contract 23-7457. This contract includes maintenance, repair and operation (MRO) equipment, supplies and materials and services. The Transportation and Public Works Department will utilize this agreement to purchase new light -emitting diode street lights and associated materials for City projects. The annual amount allowed under this agreement will be up to $500,000.00, for the first term and will automatically increase by an annual 25\% in each of the three one-year renewals, if exercised. However, the actual amount will be based on the need of the department and the available budget. Specifically, for Renewal Period 1, the up -to amount will be $625,000.00; for Renewal Period 2, the up -to amount will be $781,250.00; and for Renewal Period 3, the up - to amount will be $976,562.50. However, the actual amount will be based on the need of the department and the available budget. 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 an item. Allied States Cooperative Contract 23-7457 has been competitively bid to increase and simplify the purchasing power of local government entities across the State of Texas. The Request for Proposal (RFP) contract no. 23-7457 was published on February 20, 2023 and February 27, 2023. Responses were opened on March 21, 2023. 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. The agreement may will be automatically renewed for up to three one-year renewal terms in the amounts specified above. Funding is budgeted in the TPW Dept Highway & Streets Department's General Capital Projects Fund for the purpose of funding the FY 23 PayGo MMA & Steel Poles project, as appropriated. A M/WBE goal is not assigned when purchasing from an approved purchasing cooperative or public entity. This project will serve ALL COUNCIL DISTRICTS. file:///X/... %20FY/FY°/u202023%20Documents/Chris/COOPs/Allied%20States%20Cooperative%20Req%2010653%20FW020/23-0619.html[8/10/2023 8:13:36 AM] M&C - Council Agenda FISCAL INFORMATION / CERTIFICATION: The Director of Finance certifies that funds are available in the current capital budget, as previously appropriated, in the General Capital Project Fund for the FY 23 PayGo MMA & Steel Poles projects to support the approval of the above recommendation and award of the contract. Prior to any expenditure being incurred, the Transportation and Public Works Department has the responsibility to validate the availability of funds. BQN\\ FUND IDENTIFIERS (FIDs): TO Fund Department ID Account Project ID Program Activity Budget Year Reference # (Chartfield 2) Amount FROM Fund Department ID Account Project ID Program Activity Budget Year Reference # (Chartfield 2) Amount CERTIFICATIONS: Submitted for City Manager's Office by: Originating Department Head: Additional Information Contact: Reginald Zeno (8517) William Johnson (5806) Reginald Zeno (8517) Lauren Prieur (6035) Jo Ann Gunn (8525) Christopher Ha (8066) ATTACHMENTS 1. 1295 Form.ndf (CFW Internal) 2. 13PCOOP ASC 23-7457 LED ROADWAY LIGHTS AND MATERIALS TPW.docx (CFW Internal) 3. Fonroche_FID_Table (2).xlsx (CFW Internal) 4. SAM Fonroche Lighting America.ndf (CFW Internal) file:///X/... %20FY/FY°/u202023%20Documents/Chris/COOPs/Allied%20States%20Cooperative%20Req%2010653%20FW020/23-0619.html[8/10/2023 8:13:36 AM]