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HomeMy WebLinkAboutContract 60291-A1R1CSC No. 60291-AlR1 FIRST AMENDMENT AND FIRST RENEWAL TO FORT WORTH CITY SECRETARY CONTRACT NO. 60291 This First Amendment and Renewal to Fort Worth City Secretary Contract No. 60291 is made between the City of Fort Worth ("Fort Worth") and American Golf Cars ("Vendor"). WHEREAS, Fort Worth and Vendor entered into an Agreement identified as Fort Worth City Secretary Contract No. 60291 beginning October 17, 2023 (the "Agreement"); WHEREAS, the Agreement expired on May 31, 2024, but allowed for two one-year renewal options; WHEREAS, it is the collective desire of both Fort Worth and Vendor to renew the agreement for its first renewal term, beginning June 1, 2024 and ending May 31, 2025; and WHEREAS, it is mutually desired by both Fort Worth and Vendor to amend the Agreement to acknowledge that, while currently operating under the name American Golf Cars, Vendor's registered business name with the Texas Secretary of State is Omkara 2750 LLC. NOW THEREFORE, Fort Worth and Vendor, acting herein by and through their duly authorized representatives, agree to the following terms: 1. The Agreement is hereby amended by deleting the preamble of the existing Agreement and replacing it with the following: This Cooperative Purchase Agreement ("Agreement") is entered into between Omkara 2750 LLC D/B/A American Golf Cars ("Vendor") and the City of Fort Worth ("City"). 2. The Agreement is hereby renewed for its First Renewal Term, beginning June 1, 2024 and ending May 31, 2025. 3. All other terms, provisions, conditions, covenants and recitals of the Agreement not expressly amended herein shall remain in full force and effect. 4. This Amendment 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 an original. [Signature Page Follows] OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX First Amendment and First Renewal to Fort Worth City Secretary Contract No. 60291 Page 1 of 2 p Executed effective as of the date signed by the Assistant City Manager below. FORT WORTH: City of Fort Worth By: baruL 8MP'4A Dana Burghdoff(Jun 8, 20241:38 CDT) Name: Dana Burghdoff Title: Assistant City Manager Date: J u n 18, 2024 Approval Recommended: By: �- 4— Name: Marilyn Marvin Title: Interim Property Management Director unn� dpppt Attest! �0* o p� '%0aO OV8 0=0 By: (J Flame: Jannette S. Goodall Title: City Secretary. f VENDOR: Onikara 2750, LLC dba American Golf Cars By: Name: %�x►`J Title: 5�12�s �,,,gr•,gG{ 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. A K� Name: Ashley Kadva Title: Purchasing Supervisor Approved as to Form and Legality: By: Name: Jessika J. Williams Title: Assistant City Attorney Contract Authorization: M&C: 23-0450 First Amendment and First Renewal to Fort Worth City Secretary Contract No. 60291 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Page 2 of 2 City of Fort Worth, Texas Mayor and Council Communication DATE: 06/13/23 M&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 �Siddons Martin Emergency Group, LLC �Siddons Martin Emergency Group, LLC �JI­Iouston Holdings, LLC �Versalift Lake Country Chevrolet North Texas Trailers, LLC Silsbee Ford Associated Supply Company (ASCO) Rogue Jet Boatworks, Inc. Lenco Industries, Inc. Polaris Sales, Inc. Nationwide Trailers, LLC �Crafco, Inc. �0Z0] ;j =1 011%9LTA WI[r] =I2Iwo BuyBoard Houston -Galveston Area Council (HGAC) BuyBoard Sourcewel I The Interlocal Purchasing System (TIPS) Buyboard TIPS BuyBoard General Services Administration (GSA) HGAC Sourcewel I BuyBoard BuyBoard 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 Citv Manaaer's Office bv: Reginald Zeno 8517 Dana Burghdoff 8018 Oriainatina Business Unit Head: Reginald Zeno 8517 Steve Cooke 5134 Additional Information Contact: Jo Ann Gunn 8525 Ashley Kadva 2047