HomeMy WebLinkAboutContract 59661-A1R1Amendment 1/Renewal 1 to Fort Worth City Secretary Contract No. 59661 Page 1 of 3
FIRST AMENDMENT & RENEWAL TO
FORT WORTH CITY SECRETARY CONTRACT NO. 59661
This Amendment and Renewal to Fort Worth City Secretary Contract No. 59661 is made
between the City of Fort Worth (“Fort Worth”) and Industrial Power, LLC dba Industrial Power
Truck & Equipment., (“Vendor”) collectively (the “Parties”).
WHEREAS,Fort Worth and Vendor entered into an Agreement for Vendor to provide
City with fleet vehicles, off-road vehicles and other motorized equipment;
WHEREAS, the Agreement expired on October 31, 2023, but allowed for one one-year
renewal option;
WHEREAS, it is the collective desire of the Parties to amend the Agreement to update the
language under the compensation provisions of the Agreement to increase the amount to Forty-
Two Million, Five Hundred Ninety-Three Thousand and Nineteen Dollars ($42,593,019.00) as
authorized under Mayor and Council Communication No. 23-0450 (06/13/23);
WHEREAS, Vendor acknowledges that the amount authorized under M&C 23-0450 is
non-exclusive, available to all awarded vendors and does not guarantee any specific amount of
work;
WHEREAS, the Parties also desire to amend the Agreement to allow for multiple
transactions to purchase vehicles, to be documented under future quotes between the Parties; and
WHEREAS, it is the collective desire of the Parties to renew the agreement for its first
renewal term, beginning November 1, 2023 and ending October 31, 2024.
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 compensation provision of the Agreement (Paragraph 4) is hereby amended by
deleting the section in its entirety and replacing it with the following language:
City shall pay Vendor in accordance with the fee schedule in Exhibit A,
including any future quotes, and in accordance with the provisions of this
Agreement. Total annual payment made under this non-exclusive Agreement
may be an amount up to Forty-Two Million, Five Hundred Ninety-Three
Thousand and Nineteen Dollars ($42,593,019.00). The Vendor acknowledges
that this is a non-exclusive agreement and there is no guarantee of any specific
amount of purchase. Further, Vendor recognizes that the amount stated above is the
total amount of funds available, collectively, for any Vendor that enters into an
agreement with the City under the relevant M&C or cooperative agreement and that
Amendment 1/Renewal 1 to Fort Worth City Secretary Contract No. 59661 Page 2 of 3
once the full amount has been exhausted, whether individually or collectively,
funds have therefore been exhausted under this Agreement as well.
The Parties will engage in multiple transactions to purchase vehicles under
this Agreement. For each purchase made pursuant to this Agreement, 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 and 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.The Agreement is hereby renewed for its first Renewal Term, beginning November
1, 2023 and ending October 31, 2024.
3.All other terms, provisions, conditions, covenants and recitals of the Agreement not
expressly amended herein shall remain in full force and effect.
[Signature Page Follows]
Amendment 1/Renewal 1 to Fort Worth City Secretary Contract No. 59661 Page 3 of 3
FORT WORTH:
City of Fort Worth
By: ___________________________
Name: Dana Burghdoff
Title: Assistant City Manager
Date: ___________________________
Approval Recommended:
By: ______________________________
Name: Marilyn Marvin
Title: Interim Property Management Director
Attest:
By: ______________________________
Name: Jannette S. Goodall
Title: City Secretary
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: Denise Garcia
Title: Purchasing Manager
Approved as to Form and Legality:
By: ______________________________
Name: Jeremy Anato-Mensah
Title: Assistant City Attorney
Contract Authorization:
M&C: 23-0450 (06/13/23)
VENDOR:
Industrial Power, LLC dba Industrial Power Truck
& Equipment
By:
Name/Title: Bailey Bible
Municipal Account Manager
c�ty of Fo�t wo�tn,
Mayor and
DATE: 06/13/23
Texas
Council Communication
M8�C FILE NUMBER: M&C 23-0450
LOG NAME: 13P BLANKET COOPERATIVE AUTHORIZATION FLEET ACQUISITIONS ADK
SUBJECT
(ALL) Authorize Purchase Agreements with Multiple Vendors for the Purchase of Fleet Vehicles, Off-Road Vehicles, and Other Motorized
Equipment up to the Amount of Available Funding in Capital Projects Across Multiple Funds Citywide using Multiple Cooperative Contracts and
Interlocal Agreements for Three Years for the Property Management Department
RECOMMENDATION:
It is recommended that the City Council authorize the execution of purchase agreements with multiple vendors for the purchase of fleet vehicles, off
road vehicles, and other motorized equipment up to the amount of available funding in Capital Projects Across Multiple Funds Citywide using
multiple cooperative contracts and interlocal agreements for three years for the Property Management Department.
DISCUSSION:
The Property Management Department's Fleet Acquisitions Division is currently in the process of fulfilling a multi-year backlog of City vehicle and
equipment purchases. The biggest challenge in trying to overcome this backlog is the availability of vendors, inventory, and the time it takes for the
City to make purchases when vehicles are available. Currently, the City has a backlog of eight (8) years totaling more than $30 million dollars.
The City currently has contracts with the following vendors using cooperative contracts:
VENDOR COOPERATIVE AGENCY
Siddons Martin Emergency Group, LLC BuyBoard
Siddons Martin Emergency Group, LLC Houston-Galveston Area Council (HGAC)
JHouston Holdings, LLC BuyBoard
Versalift Sourcewell
Lake Country Chevrolet The Interlocal Purchasing System (TIPS)
North Texas Trailers, LLC Buyboard
Silsbee Ford TIPS
Associated Supply Company (ASCO) BuyBoard
Rogue Jet Boatworks, Inc. General Services Administration (GSA)
Lenco Industries, Inc. HGAC
Polaris Sales, Inc. Sourcewell
Nationwide Trailers, LLC BuyBoard
Crafco, Inc. BuyBoard
i i i
However, due to limited inventory and availability, additional vendors and options are needed. Fleet Acquisitions has already identified twenty-nine
additional vendors that are available through cooperatives.
Approval of this Mayor & Council Communication (M&C) authorizes the City to execute contracts with any vendor that is currently listed on any valid
cooperative that has one or more vehicles or pieces of equipment that is a current need for the City's fleet. This authorization would also include
purchases made using Interlocal Agreements with other governmental entities.
Fleet Acquisitions recently partnered with the Purchasing Division in an effort to better ensure that the City is able to purchase needed items as
quickly and efficiently as possible. The Fleet team meets regularly with key personnel to ensure that specifications are appropriate for the City's
fleet, costs are reasonable and acceptable, and that departments are receiving items that meet their business needs.
COOPERATIVE PURCHASE and INTERLOCAL AGREEMENTS - State law provides that a local government purchasing an item under a
cooperative purchasing agreement or interlocal agreement satisfies state laws requiring that the local government seek competitive bids for
purchase of the item.
AGREEMENT TERMS - Upon City Council approval of this M&C, the City will have authority to enter into one-time purchase agreements or annual
agreements with available vendors for up to three years from the date of approval. At the expiration of three years from the date of approval, the
City will seek additional authorization for any necessary contracts at that time.
BUSINESS EQUITY - an M/WBE goal is not assigned when purchasing from an approved purchasing cooperative or other public entity.
FUNDING - Currently, there is $42,593,019.00 in the City's budget in capital projects across multiple funds citywide for the purpose of funding fleet
acquisitions. Prior to each purchase agreement or contract being executed, staff will confirm that funding is available for that purchase and is
appropriated for that purpose. All existing contracts shall be amended or terminated to release encumbered funds to ensure that the City is able to
make purchases with the vendors that have needed items available for purchase on a rolling basis. No guarantee has been or will be made to any
vendor regarding minimum purchases.
FISCAL INFORMATION / CERTIFICATION:
The Director of Finance certifies that funds are available in the current capital budgets, as previously appropriated, in the Vehicle and
Equip Replacement Fund, W&S Capital Projects Fund, Stormwater Capital Projects Fund, Municipal Airport Capital Proj Fund, Solid Waste
Capital Projects Fund, CCPD Capital Projects Fund, ITS Capital Fund, Fleet Capital Projects Fund, Environmental Prot Cap Proj Fund, Tax Note
2019 Fund and Tax Note 2020 Fund to support the approval of the above recommendation for the purchase of vehicles and equipment. Prior to
any expenditures being incurred, the Property Management Department has the responsibility to validate the availability of funds.
Submitted for City Manager's Office b� Reginald Zeno 8517
Dana Burghdoff 8018
Originating Business Unit Head: Reginald Zeno 8517
Steve Cooke 5134
Additional Information Contact: Jo Ann Gunn 8525
Ashley Kadva 2047