HomeMy WebLinkAboutContract 61040-A1CSC No. 61040-A1
FIRST AMENDMENT TO
FORT WORTH CITY SECRETARY CONTRACT NO. 64 040
BETWEEN THE CITY OF FORT WORTH AND PPG ARCHITECTURAL FINISHES,
INC
This First Amendment to Fort Worth City Secretary Contract No. 61040 ("First
Amendment") is made between the City of Fort Worth ("Fort Worth"), a municipal corporation
and PPG Architectural Finishes, Inc. ("Vendor").
WHEREAS, Fort Worth and Vendor entered into an Agreement identified as Fort Worth
City Secretary Contract No. 61040 beginning March 4, 2024 (the "Agreement"); and
WHEREAS, it is the collective desire of both Fort Worth and Vendor to amend the
Agreement to PPG Architectural Finishes, Inc.
NOW THEREFORE, known by all these present, Fort Worth and Vendor, acting herein
by and through their duly authorized representatives, agree to the following terms, which amend
the Agreement as follows:
I.
The Agreement is hereby amended by deleting the second paragraph on the first page of the
existing Agreement in its entirety and replacing it with the following:
City shall pay Vendor in accordance with the fee schedule in Exhibit A and in accordance
with the provisions of this Agreement. Total payment made under this Agreement for the
first year by City shall not exceed Three hundred forty thousand seven hundred fifty
Dollars ($340,750.00) as authorized by M&C 24-0376. 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 services provided
under this Agreement are non-exclusive. The City retains the right to engage other vendors
for similar or identical services at its sole discretion.
II.
The Agreement is hereby amended by deleting the third paragraph on the first page of the existing
Agreement in its entirety and replacing it with the following:
The term of this Agreement is effective beginning on the date signed by the Assistant City
Manager below (" Effective Date") and expires on July 31, 2024 with three (3) one-year
options to renew.
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
First Amendment to Fort Worth City Secretary Contract No. 61040 Pagel of4
III. ELECTRONIC SIGNATURE
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.
IV. ALL OTHER TERMS SHALL REMAIN THE SAME
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]
First Amendment to Fort Worth City Secretary Contract No. 61040 Page 2 of4
Executed effective as of the date signed by the Assistant City Manager below.
111[11] 711K 71 N A
City of Fort Worth
By:
op�'
Name:
Jesica McEachern
Title:
Assistant City Manager
Jun 18, 2024
Date:
Approval Recommended:
By:
Name:
Richard Zavala
Title:
Park& Recreation Director
Attest:
F FORT
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Name:
Jannette Goodall
Title:
City Secretary
VENDOR:
PPG Architectural Finishes, Inc.
By: /4--
Name: Charles Hobson
Title: National Sales Manager
Date: 6-5-24
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:
KVle ure (Jun 66, 2024 9 3 CDT)
Name:
Kyle McClure
Title:
Assistant Park/Recreation Director
Approved as to Form and Legality:
Name: Jeremy Anato-Mensah
Title: Assistant City Attorney
Contract Authorization:
M&C: 24-0376
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
First Amendment to Fort Worth City Secretary Contract No. 61040 Page 3 of4
5/21 /24, 11:40 AM
M&C Review
CITY COUNCIL AGENDA
Create New From This M&C
DATE: 5/14/2024 REFERENCE
NO..
CODE: P TYPE
Official site of the City of Fort Worth, Texas
FORT Worn
**M&C 24- 13P COOP PAINT, SUPPLIES
0376 LOG NAME: AND RELATED EQUIPMENT
ML PARKS
CONSENT PUBLIC NO
NO
SUBJECT. (ALL) Authorize Non -Exclusive Purchase Agreements with Sherwin-Williams Company
and PPG Architectural Finishes Inc. Using TIPS Cooperative Contract No. 230503 and
Sourcewell Cooperative Contract No. 091323 for the Purchase of Paint and Coating
Supplies and Related Equipment in a Combined Annual Amount Up to $340,750.00 for
City Departments and Authorize Annual Renewal Options
RECOMMENDATION:
It is recommended that the City Council authorize non-exclusive purchase agreements with Sherwin-
Williams Company and PPG Architectural Finishes Inc. using TIPS Cooperative Contract No.
230503 and Sourcewell Cooperative Contract No. 091323 for the purchase of paint and coating
supplies and related equipment in a combined annual amount up to $340,750.00 for City
Departments and authorize annual renewal options to align with the respective cooperative contracts.
DISCUSSION:
The Park & Recreation, Aviation, Public Events, Water and Property Management
Departments approached the Purchasing Division to enter into agreements with the Sherwin-Williams
Company and PPG Architectural Finishes Inc. using TIPS Cooperative Contract No. 230503 and
Sourcewell Cooperative Contract No. 091323. The contracts offer a variety of products
including interior coatings, exterior coatings, equipment & supplies, wood stains, sealers, clear
topcoats, commercial high-performance coatings, primers, concrete & masonry products, aerosols,
deck stains & supplies, floor coatings, and roof coatings. City Departments will utilize the agreements
to purchase supplies and equipment for various City of Fort Worth buildings on an as -needed basis.
Staff from the user -departments identified the need for paint from multiple vendors due to product
availability. Approval of this Mayor and Council Communication (M&C) authorizes the City to execute
agreements with the following vendors: Sherwin-Williams Company and PPG Architectural Finishes
Inc.
COOPERATIVE PURCHASE: 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 the items. TIPS and Sourcewell contracts have been competitively
bid to increase and simplify the purchasing power of government entities.
Approval of this M&C authorizes the City to spend up to $340,750.00 per year with the listed vendors
for paint and coating supplies and related equipment. Actual usage in any term can be up to
the authorized amount and will be dependent upon actual appropriations for this purpose in the
departments' budgets. The annual department allocation for these agreements are:
Departments
Park & Recreation
Aviation
Public Events
Water
Property Management
Annual Amount
$114,750
$15,000
$113,000
$48,000
$50,000
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M&C Review
Funding is budgeted in the various accounts within the participating departments operating budgets,
as appropriated.
TIPS Cooperative Contract No. 230503 has an initial term beginning on July 25, 2023 through July 31,
2026, and includes one (1) one-year renewal options. The Request for Proposal for TIPS Contract No.
230503 was published on May 4, 2023, and responses were opened on June 16, 2023. TIPS
contracts offer fixed discounts. Staff reviewed the pricing and determined it to be fair and reasonable.
Sourcewell Cooperative Contract No. 091323 has an initial term beginning on November 1, 2023,
through November 8, 2027, and includes three (3) one-year renewal options. The Request for
Proposal for Soucewell Contract No. 091323 was published on July 25, 2023, and responses were
opened on September 13, 2023. Sourcewell contracts offer fixed discounts. Staff reviewed the pricing
and determined it to be fair and reasonable.
AGREEMENT TERM: The TIPS Cooperative contract will begin upon execution and will expire on July
31, 2024, with three (3) one-year options to renew to align with TIPS Cooperative Contract No.
230503. The Sourcewell contract will begin upon execution and will expire on November 8, 2024, with
six (6) one-year options to renew to align with Sourcewell Cooperative Contact No. 091323.
ADMINISTRATIVE CHANGE ORDER: 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.
BUSINESS EQUITY: An M/WBE goal is not assigned when purchasing from an approved purchasing
cooperative or public entity.
This project will serve ALL COUNCIL DISTRICTS.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that funds are available in the current operating budget, as
previously appropriated, in the participating departments' Operating Funds to support the approval of
the above recommendation and award of the agreements. Prior to any expenditure being incurred,
the participating departments have the responsibility to validate the availability of funds.
BQN\\
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Fund Department Account Project Program I Activity
ID I ID
FROM
Fund Department Account Project
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ID I I ID
Submitted for Citv Manaaer's Office bv:
Originating Department Head:
Additional Information Contact:
ATTACHMENTS
Program I Activity
Budget Reference # Amount
Year (Chartfield 2)
Budget Reference # Amount
Year (Chartfield 2)
Reginald Zeno (8517)
William Johnson (5806)
Reginald Zeno (8517)
Michael Crum (2501)
Jo Ann Gunn (8525)
Martha Lopez (2059)
13P COOP PAINT. SUPPLIES AND RELATED EQUIPMENT ML PED.xlsx (CFW Internal)
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M&C Review
PPG Form 1295 Certificate.pdf (CFW Internal)
PPGSams.pdf (CFW Internal)
PPGSOS.pdf (CFW Internal)
Sherwin Williams Form 1295 Certificate 101187042.pdf (CFW Internal)
SherwinWilliamsSams.pdf (CFW Internal)
SherwinWilliamsSOS.pdf (CFW Internal)
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