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HomeMy WebLinkAboutContract 51436-A1R5CSC No. 51436-A1R5 AMENDMENT 1, RENEWAL 5 TO FORT WORTH CITY SECRETARY CONTRACT NO. 51436 This Amendment and Renewal to Fort Worth City Secretary Contract No. 51436 is made between the City of Fort Worth ("Fort Worth") and JWC Environmental Inc. ("Vendor"). WHEREAS, Fort Worth and Vendor entered into an Agreement identified as Fort Worth City Secretary Contract No. 51436 beginning September 26, 2018 (the "Agreement") for Vendor to provide City with OEM parts and replacements for Muffin Monsters at Village Creek; WHEREAS, the authorizing Mayor and Council Communication provides for five one- year renewal options and the Parties have entered into four written renewal options (M&C P- 12265, approved October 16, 2018); WHEREAS, the Parties wish to amend the Agreement to reflect the correct number of renewal options available; WHEREAS, the Parties also agree to amend Exhibit G of the Agreement to update pricing for an "OEM Muffin Monster Grinder, Exchange Unit" and "OEM Muffin Monster Grinder, New Unit," with the understanding that all other prices will remain the same; and WHEREAS, the Parties wish to renew the agreement for its fifth and final renewal option. NOW THEREFORE, Fort Worth and Vendor, acting herein by and through their duly authorized representatives, agree to the following terms, which amend and renew the Agreement as follows: 1. The first sentence of Section 3.2 of Exhibit A of the Agreement, City of Fort Worth, Texas Standard Purchasing Terms and Conditions, is hereby amended by deleting the sentence in its entirety and replacing it with the following language: "Buyer shall have the sole right to renew this Agreement for five (5) additional one-year terms." 2. Under Exhibit G, the price of an "OEM Muffin Monster Grinder, Exchange Unit" will be increased from $26,091 each to $29,724 each and the price of an "OEM Muffin Monster Grinder, New Unit" will be increased from $49,452 each to $58,464 each. All other prices will remain the same. 3. The Agreement is hereby renewed for its Fifth Renewal Term, beginning October 18, 2023 and ending October 17, 2024. 4. All other terms, provisions, conditions, covenants and recitals of the Agreement not expressly amended herein shall remain in full force and effect. OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Amendment 1/Renewal 5 to Fort Worth City Secretary Contract No. 51436 Page 1 of 2 FORT WORTH: City of Fort Worth By; Dana B Lrghdoff� i1, h AA Tj Name: Dana Burghdoff Title: Assistant City Manager Date: Approval Recommended: By: Christopher H rder (Nov 14, 202310:31 CST) Name: Christopher Harder Title: Department Director Attest: o�FORTn➢a Fova lydp a°- ` �9iv apa =v By: Name: Jannette S. Goodall Title: City Secretary VENDOR: JWC Environmental Inc. By: C &,k— Name/Title: Chris Burt, Director of Municipal Sales 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. 56 By: r 8� Name: Shatabya Bergland Title: Contract Compliance Specialist Approved as to Form and Legality: By: Q cr/ OO Name: Jessika Williams Title: Assistant City Attorney Contract Authorization: M&C: P-12265 (10/16/2018) OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Amendment 1/Renewal 5 to Fort Worth City Secretary Contract No. 51436 Page 2 of 2 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 10/16/2018 DATE: Tuesday, October 16, 2018 REFERENCE NO.: **P-12265 LOG NAME: 13P434796 OEM MONSTER GRINDER MJR WATER SUBJECT: Authorize Execution of a Sole Source Agreement with JWC Environmental, Inc., for OEM Muffin Monster Grinder Parts and Repair for the Water Department in an Annual Amount Up to $150,000.00 and Authorize Five Annual Renewal Options (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council authorize execution of a Sole Source Agreement with JWC Environmental, Inc., for OEM Muffin Monster Grinder Parts and Repair for the Water Department in an Annual Amount Up to $150,000.00 and authorize five annual renewal options. DISCUSSION: The Water Department approached the Purchasing Division to finalize an annual Sole Source Agreement for Original Equipment Manufacturer (OEM) Muffin Monster grinder parts and repair on an as -needed basis. The Village Creek Reclamation Facility has OEM Muffin Monster sludge grinders installed at two underflow lines coming from the Primary area going to the Digester area. The function of these grinders is to ensure a constant flow of sludge by reducing pump clogs caused by large debris that flows through these lines. In order to procure these products and services, Staff has documented JWC Environmental, Inc. as the Sole Source OEM and distributor for OEM Muffin Monster grinder repair service and replacement parts. No guarantee was made that a specific amount of goods or services would be purchased. The Water Department anticipates spending $150,000.00 annually under this Agreement. The proposed contract would allow the unit price to be increased so long as the City approves the increase. In addition, an administrative change order or increase may be made by the City Manager in the amount up to $37,500.00 and does not require specific City Council approval as long as sufficient finds have been appropriated. The Water Department reviewed prices and found prices to be considered fair and reasonable. M/WBE OFFICE - A waiver of the goal for MBE/SBE subcontracting requirements was requested by the Purchasing Division and approved by the M/WBE Office, in accordance with the M/WBE or BDE Ordinance, because the M/WBE Waiver is based on the sole source information provided to the M/WBE Office by the Purchasing Division Buyer. This procurement is exempted from competitive bidding requirements because it is a purchase of materials for which JWC Environmental, Inc., is the exclusive owner and provider, as authorized by Section 252.022 of the Texas Local Government Code. Upon City Council approval, the Agreement shall begin upon execution of the Agreement and shall end on September 30, 2019. The City shall have five options to renew the Agreement; four one-year renewal periods (October 1 to September 30) and the fifth renewal period which shall run from October 1 to the anniversary of the date of execution. FISCAL INFORMATION / CERTIFICATION: The approval of this action provides purchasing authority up to $150,000.00 as specified. The Director of Finance certifies that funds are available in the current operating budget, as appropriated and that prior to an expenditure being made, the Water Department has the responsibility to validate the availability of funds. Future year expenses are subject to appropriations. BQN\434796\A4JR FUND IDENTIFIERS (FIDs): ig Fund Department ID FRAM Fund Department ID Account Project 1D Account Project 1D CERTIFICATIONS: Submitted for Citv Manager's Office bv_ : Originating Department Head: Additional Information Contact: ATTACHMENTS Program Activity Budget Reference # Year (Chartfield 2) Budget Reference # Program Activity Year (Chartfield 2) Susan Alanis (8180) Cynthia Garcia (8525) Jane Rogers (8385) 1. 434796 MWBE Waiver.ndf (CFw Internal) 2. JWC 1295 2019-399601 9.13.18.ndf (PubHe) 3. JWC Environmental Sams Renort 2018.ndf (CFw Internan 4. SS 19-434796 JWC Environment Agreement Vendor siened.ndf WFw Internan 5. WATER- 18-00434796.ndf (CFw Internal) Amount Amount