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HomeMy WebLinkAboutContractCSC No. 59515-A2R1 SECOND AMENDMENT AND FIRST RENEWAL OF VENDOR SERVICES AGREEMENT BETWEEN THE CITY OF FORT WORTH AND FLIP FIVE ENTERPRISE, LLC (CSC NO. 59515) This SECOND AMENDMENT AND FIRST RENEWAL ("Second Amendment and First Renewal") is made and entered into by and between the CITY OF FORT WORTH ("City"), a home -rule municipal corporation of the State of Texas, acting by and through its duly authorized representative, and FLIP FIVE ENTERPRISE, LLC ("Vendor"), a Texas Limited Liability Company, acting by and through its duly authorized representative. The City and Vendor are herein referred to individually as a ("Party") and collectively as the ("Parties"). WHEREAS, on May 31, 2023, the Parties entered into a Vendor Services Agreement to provide Adult Sports Officials for the Park & Recreation Department on an "as -needed" basis ("Services"), the same being City Secretary Contract ("CSC") Contract Number 59515 ("Agreement"); WHEREAS, the Agreement provides a primary term of one year and four (4) one-year renewal terms (each a "Renewal Term"); WHEREAS, on July 13, 2023, the Parties amended the Agreement to change the scope of services and update the fee schedule; WHEREAS, on February 27, 2024, the Fort Worth City Council authorized M&C 24-0149 to increase the annual amount by $25,000.00 for a new annual amount not to exceed $125,000.00; WHEREAS, the primary term will expire on May 30, 2024; WHEREAS, it is the collective desire of the Parties to extend the Agreement through the First Renewal Term; and NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, the City and Vendor agree to amend and renew and extend the Agreement as follows: I. In accordance with M&C 24-0149, the City and Vendor hereby agree to amend the annual amount by $25,000.00 for a new annual amount not to exceed $125,000.00; II. City and Vendor hereby agree to renew the Agreement for a one-year period ("First Renewal Term"), effective beginning on May 31, 2024 and expiring on May 30, 2025. OFFICIAL RECORD CITY SECRETARY Second Amendment and First Renewal of Vendor Services Agreement FT. WORTH, Tx with Flip Five Enterprise, LLC CSC No. 59515 C Pagel of 8 1. All terms and conditions of the Agreement that are not expressly amended pursuant to this Second Amendment and First Renewal shall remain in full force and effect. 2. All terms in this Second Amendment and First Renewal that are capitalized but not defined shall have the meanings assigned to them in the Agreement. (Signatures on following page) Second Amendment and First Renewal of Vendor Services Agreement with Flip Five Enterprise, LLC CSC No. 59515 C Page 2 of 8 IN WITNESS WHEREOF, the Parties hereto have executed this Second Amendment and First Renewal in multiples. BY: 0�� Name: Jesica McEachern Title: Assistant City Manager Date: May 1, 2024 Flip Fiveao By: Name: Ashley Franklin Title: Owner Email: flitvfiveenterprisellc(a)Llnail.com Phone: 817-724-7865 Date: Apt' 19, 2024 FOR CITY OF FORT WORTH INTERNAL PROCESSES: Approval Recommended: By. 4 fe -, Name: Dave Lewis Title: Deputy Director Park & Recreation Department By: g 5andraYou od (Apr 19, 2024 14!18 CDT) Name: Sandra Youngblood Title: Assistant Director Park & Recreation Department Approved as to Form and Legality: By: rr�y:�tr{Ap19, afo:1oCDT) Name: Trey Qualls Title: Assistant City Attorney Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. By: Kyle MEI ure (Apr 19, 2024 11! 03 CDT) Name: Kyle McClure Title: Assistant Director Park & Recreation City Secretary: n ;; f.....*& od o �0910 P �`$ Ov= ^=0 Oda4 nEaosO'dd By: Name: Jannette S. Goodall Title: City Secretary Contract Authorization: M&C: 24-0149 Form 1295: 2024-1117168 Second Amendment and First Renewal of Vendor Services Agreement with Flip Five Enterprise, LLC CSC No. 59515 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Page 3 of 8 EXHIBIT A SCOPE OF SERVICES AND/OR SPECIFICATIONS VENDOR RESPONSIBILITIES 1.0 History 1.0.1 The Adult Sports Program of the City of Fort Worth has been in existence since 1991 and serves approximately 2,000 to 3,000 adults per year. 1.0.2 The Athletics Program provides a variety of year-round programs and facilities for Fort Worth residents of all ages. The City of Fort Worth through the Park and Recreation Department is dedicated to offering athletic programs geared toward providing participants a release from stress, and an opportunity to enhance physical conditioning and quality of life. 1.0.3 The Park and Recreation Department will provide the seasonal sports calendar and projected games per age division after the bid award. An annual sports calendar is already in place, please refer to Attachment G - Additional Resources for link so Vendors will know when each season will start. The finalized schedule for each league will be sent to the Vendor seven (7) days calendar before the first game day. 1.1 The Vendor shall provide umpires and referees for the Adult Sports Program on an as needed basis. Game officials, umpires and referees, for a seasonal adult sport program currently serving: 1.1.1 Seventy-five (75) yearly slow -pitch softball teams; 1.1.2 Fifty (50) yearly basketball teams; 1.1.3 and one hundred and twenty (120) yearly volleyball teams. 1.2 Umpires, Referees and Vendor's representatives 1.2.1 Under rare circumstances, if the vendor cannot provide officials for a scheduled game, they are required to give City staff at least 24 hours' notice. 1.2.2 Umpires and Referees shall inspect sporting equipment and facilities prior to each game and/or examine participants in ensure compliance with league/tournament safety regulations. If the Vendor finds the City facility not meeting the minimum requirements, the Vendor shall communicate with the City representative by using the different medium described in Section 1.2.2. 1.2.3 Umpires and Referees shall confer with league administrators, coaches, players and site monitors in order to provide information, coordinate activities, and discuss problems that may arise. 1.2.4 Vendor shall provide quality umpires and referees to officiate City of Fort Worth adult recreational and/or competitive athletic or sporting events, detect infractions of rules, and decide penalties in accordance with established league rules and regulations. 1.2.5 No scorekeepers are needed for any of the sports. The City will provide scorekeepers for each game, attendance to Meetings, Clinics Vendor shall: 1.2.5.1 Conduct a minimum of one (1) pre -season meeting prior to each sports Second Amendment and First Renewal of Vendor Services Agreement with Flip Five Enterprise, LLC CSC No. 59515 Page 4 of 8 league with members of their association to review league rules and regulations. 1.2.5.2 Conduct a minimum of one (1) field/court clinic to review proper game mechanics and positioning of umpires and referees prior to each sport's beginning. 1.2.5.3 Uphold any Umpires and Referees added between leagues to have completed the field/court clinic prior to working. 1.2.5.4 Send an association representative to all pre -season coaches' meetings to assist in the explanation and/or interpretation of sports- specific league rules. 1.2.5.5 The City will not pay the Vendor any hourly rate or fees for the Vendor representative to attend the meetings or activities listed in this section. 1.2.6 Licenses, Fees, Certifications Vendor shall: 1.2.6.1 Be responsible for all officiating license fees, certifications fees, and membership dues. 1.2.6.2 Provide: 1.2.6.2.1 One (1) official per slow -pitch softball game 1.2.6.2.2 Two (2) officials per basketball game; and 1.2.6.2.3 One (1) official per volleyball game. 1.2.6.3 Bidders must have all members within their association possess a current membership and certification with one of the following: 1.2.6.3.1 Slow -Pitch Softball: USA Softball, or another comprehensive training program provided by the bidder and approved of by the City. 1.2.6.3.2 Basketball: Texas Amateur Sports Officials (TASO), University Interscholastic League (UIL), Texas Amateur Athletic Federation (TMF), or another comprehensive training program provided by the bidder and approved of by the City. 1.2.6.3.3 Volleyball: Texas Amateur Sports Officials (TASO), University Interscholastic League (UIL), Texas Amateur Athletic Federation (TMF), or another comprehensive training program provided by the bidder and approved of by the City. 1.2.7 Rosters, background checks and experience Vendor shall: 1.2.7.1 Have a roster of certified officials, umpires, and referees for the basketball, slow -pitch softball, and volleyball to cover scheduled games during league and tournament play. 1.2.7.2 Provide a roster of officials, outlining the years of experience per game official, referee and umpire for each sport. Minimum requirement of one (1) year of experience in related sport(s). 1.2.7.3 Provide verification of executing background checks for all officials listed Second Amendment and First Renewal of Vendor Services Agreement with Flip Five Enterprise, LLC CSC No. 59515 Page 5 of 8 on the association's official roster. All officials shall have background checks from the past year. Level 3 background checks are done annually by the certifying agencies. Officials must renew certification annually. 1.3 Response Time 1.3.1 Vendor shall respond to a City request within 24 (twenty-four) minimum to a maximum of 48 (forty-eight) hours from the time is contacted by City personnel. 1.3.2 Communication medium: 1.3.2.1 Email 1.3.2.2 Phone 1.3.2.3 Text Message or another electronic medium. 1.4 Minimum Services Requirements 1.4.1 Vendor shall have enough officials to cover games, for instance, two officials for a basketball game and one for a volleyball or softball game. 1.5 Uniforms and/or Equipment 1.5.1 Officials are expected to dress appropriately for all games/matches in accordance to the rules of the specific sport and approved by the City. Vendor is responsible for arranging their own uniforms. The City will NOT provide uniforms for officials. 1.5.2 Vendor shall provide their own sports equipment, to include masks, protective gear, etc. 1.5.3 The remote used for the scoreboard is provided by the City. 1.6 Point of Contact: 1.6.1 For accessibility, the Contractor must designate at least one (1) personas Point of Contact with a current office phone number or cell phone number and an email address. 1.6.2 The Contractor's Point of Contact must respond to calls, voicemails, and emails within one (1) business day. 1.7 Hours of Operations: 1.7.1 Hours of Operations varies depending on Sport schedule, please refer to Attachment G, Additional Resources to access the current Adults Sports League schedule. 1.8 City observed holidays: 1.8.1 New Year's 1.8.2 Martin Luther King 1.8.3 Memorial Day 1.8.4 Juneteenth Second Amendment and First Renewal of Vendor Services Agreement with Flip Five Enterprise, LLC CSC No. 59515 Page 6 of 8 1.8.5 July 4th 1.8.6 Labor Day 1.8.7 Thanksgiving Thursday and the following Friday 1.8.8 Christmas 1.9 Contractor Personnel: 1.9.1 Identification 1.9.1.1 Contractor's employees are required to wear an identification badge, at all times while performing services under this agreement. 1.9.1.1.1 There may be times when the requesting department will issue City Contractor I.D. badges for the Contractor's employees. The I.D. badges shall be surrendered to the department representative upon the completion of each project. 1.9.2 Supervision 1.9.2.1 The Contractor shall, during all periods of contract performance, provide competent supervision of his/her employees to assure complete and satisfactory fulfillment of the work and the terms of this Contract. The Contractor or a capable, fully authorized representative must be immediately available during all work activities to receive any and all special instructions from the authorized City employee. 1.9.2.1.1 The City shall have the right to require that the Contractor dismiss from the premises covered by this contract any employees of the Contractor whose conduct is improper, inappropriate, or offensive and such employees shall not be re-employed on the subject premises by Contractor without written consent of the City. 2.0 apDRT OFFICIALS QUALITY ASSURANCE 2.1 Umpires and referees shall operate in a legitimate manner and in accordance with all City of Fort Worth and adult sport league rules and regulations, adhere to regulations of identified sport governing bodies, and adhere to all city ordinances governing indoor and outdoor facilities. 2.2 Umpires, referees and sports officials are expected on site 30 minutes prior to game time prior to game time and will refrain from use of any illegal drugs or alcohol before or during games/matches. 2.3 Vendor shall be penalized $10.00 for each increment of 10 minutes if officials arrive past the start of a game. The Vendor should also account for this when they submit their invoice. The recreation programmer will check the invoice to ensure the tardiness has been accounted for before submitting the invoice for payment. 2.4 The City of Fort Worth reserves the right to prohibit specific umpires and referees whom are not meeting the standards or the league. The City will document any issues that may occur and will ask the Vendor to remove an official if there is any violation of PARO policies. 2.5 Softball umpires are expected to keep time and score with hand held remotes Second Amendment and First Renewal of Vendor Services Agreement with Flip Five Enterprise, LLC CSC No. 59515 Page 7 of 8 EXHIBITB PAYMENT SCHEDULE City will pay Vendor a total amount of up to One Hundred Twenty -Five Thousand Dollars and Zero Cents ($125,000.00) for services received annually. Following delivery, and acceptance of the services delivered by the City, the Vendor must provide the City with an invoice summarizing (i) the services delivered, (ii) requesting payment, and (iii) listing the purchase order number on the invoice. If the City requires additional reasonable information, it will request the same promptly after receiving the above information, and the Vendor must provide such additional reasonable information to the extent the same is available. Invoices must be submitted to the City of Fort Worth by email at Supplierinvoices@fortworthtexas.gov or by mail to Attn: Accounts Payable, 100 Fort Worth Trail, Fort Worth, Texas 76102. Unit of Item Description Fee Measure Adult Sports - Slow Pitch Softball - Officials $50.00 ea Adult Sports - Slow Pitch Softball - Officials Scheduling Fee $4.00 ea Adult Sports - Basketball - Officials $50.00 ea Adult Sports - Basketball - Officials Scheduling Fee $4.00 ea Adult Sports - Basketball - Assistant $20.00 ea Adult Sports - Basketball - Assistant Scheduling Fee $4.00 ea Adult Sports - Volleyball - Officials $50.00 ea Adult Sports - Volleyball - Officials Scheduling Fee $4.00 ea Second Amendment and First Renewal of Vendor Services Agreement with Flip Five Enterprise, LLC CSC No. 59515 Page 8 of 8 M&C Review Page 1 of 2 CITY COUNCIL AGENDA Create New From This M&C Official site of the City of Fort Worth, Texas FoRT WORTH REFERENCE **M&C 24- 13PAMEND ITB 23-0042 DATE: 2/27/2024 NO.: 0149 LOG NAME: ADULT SPORTS OFFICIALS LSJ PARD CODE: P TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: (ALL) Authorize an Amendment to CSCO No. 59515 with Flip Five Enterprise, LLC, for Adult Sports Officials to Increase the Annual Amount by $25,000.00 for a New Annual Amount Not to Exceed $125,000.00 for the Park and Recreation Department RECOMMENDATION: It is recommended that the City Council authorize an amendment to CSCO No. 59515 with Flip Five Enterprise, LLC, for adult sport officials to increase the annual amount by $25,000.00 for a new annual amount not to exceed $125,000.00 for the Park and Recreation Department. DISCUSSION: On March 8, 2023, the Purchasing Division issued Invitation to Bid (ITB) No. 23-0042 to finalize an annual agreement for adult sports officials for Parks and Recreation Department (PARD). City Secretary Contract No. 59515 was executed on May 31, 2023, authorizing a purchase agreement with Flip Five Enterprise, LLC. for an annual amount of $100,000.00. PARD approached the Purchasing Division to increase the annual agreement amount to purchase additional sports official services to accommodate the increased volume of sports participants, giving PARD the necessary coverage to the sports league to finish their sports league seasons without any delays. Accordingly, staff is now requesting authorization to amend the existing agreement to increase the annual amount by an additional $25,000.00, for a total amount not to exceed $125,000.00. Funding is budgeted in the Other Contractual Services account within the General Fund for the PAR Youth Athletics Program Department. AGREEMENT TERMS - The current term of this agreement will expire on May 30, 2024 with four one- year renewal option remaining thereafter. BUSINESS EQUITY - The initial estimated bid amount for this procurement was less than $100,000.00, therefore, a Business Equity goal was not applicable. The maximum amount allowed under this agreement citywide will be $125,000.00, however, the actual amount used will be based on the need of the department and available budget. This amendment will not change any other agreement terms or conditions of the contract. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that upon approval of the recommendation, funds are available in the current operating budget, as previously appropriated, in the General Fund. Prior to an expenditure being made, the Park & Recreation Department has the responsibility to validate the availability of funds. BQN\\ http://apps.cfwnet.org/council_packet/mc review.asp?ID=31856&councildate=2/27/2024 4/18/2024 M&C Review Page 2 of 2 TO Fund Department Account Project Program Activity Budget Reference # Amount ID ID Year (Chartfield 2) FROM Fund Department Account Project Program Activity Budget Reference # Amount ID ID Year (Chartfield 2) Submitted for Citv Manager's Office bv: Oriqinatinq Department Head: Additional Information Contact: Reginald Zeno (8517) Jesica McEachern (5804) Reginald Zeno (8517) Richard Zavala (5711) Jo Ann Gunn (8525) LaKita Slack -Johnson (8314) ATTACHMENTS 13PAMEND ITB 23-0042 ADULT SPORTS OFFICIALS LSJ PARD FID table.xlsx (CFW Internal) 13PAMEND ITB 23-0042 ADULT SPORTS OFFICIALS LSJ PARD.docx (CFW Internal) FIiD Five Enterprise, LLC 1295.edf (CFW Internal) FliD Five Enterprise. LLC SAMs.Ddf (CFW Internal) FIiD Five Enterprise, LLC SOS.Ddf (CFW Internal) http://apps.cfwnet.org/council_packet/mc review.asp?ID=31856&councildate=2/27/2024 4/18/2024