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HomeMy WebLinkAboutContract 55887-A4CSC No. 55887-A4 AMENDMENT NO. 4 TO CITY OF FORT WORTH CONTRACT 55887 This Amendment is entered into by and between the City of Fort Worth (hereafter "City"), and Fastenal Company ("Vendor"). City and Vendor may be referred to individually as a "Party" and collectively as the "Parties." WHEREAS, City of Fort Worth and vendor entered into a Cooperative Agreement to provide facilities maintenance, repair & operations for the Water Department identified as City Secretary Contract No. 55887 beginning June 29, 2021 and ending June 30, 2022 ("Agreement"); WHEREAS, the Parties wish to amend the Agreement to increase the total compensation amount allowed under the Agreement by $111,0000 for a new total amount up to $661,000, as authorized by Mayor and Council Communication No. 24-0542 on June 25, 2024; and WHEREAS, the Parties wish to amend the Agreement to extend the second renewal term to December 31, 2024 in line with the TXMAS Cooperative Agreement No. TXMAS-18- 51V07. NOW, THEREFORE, the Parties, acting herein by and through their duly authorized representatives, enter into the followingAgreement: I. AMENDMENTS 1.Paragraph 2, the Compensation provision of the Agreement is hereby deleted in its entirety and replaced with the following: City shall pay Vendor in accordance with the fee schedule in Exhibit B and in accordance with the provisions of this Agreement. Total payment made under this Agreement shall not exceed Six Hundred Sixty One Thousand Dollars ($661,000.00). 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. 2.The second renewal term is extended to end on December 31, 2024. II. ALL OTHER TERMS SHALL REMAIN THE SAME All other provisions of the Agreement which are not expressly amended herein shall remain in full force and effect. 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 anoriginal. ACCEPTED AND AGREED: CITY OF FORT WORTH: By: Name: Fernando Costa Title: Assistant City Manager Date: Julll,2024 APPROVAL RECOMMENDED: By: ristopherHarer(Jullo, 2024 14:24 CDT) Name: Christopher Harder, PE Title: Director, Water Department ATTEST: By: Vendor: By: Name: Jannette Goodall Title: City Secretary Name: Willfam Drazkowski Title: Executive Vice President Date: 7/10/2024 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: Regina Jones Title: Contract Compliance Specialist APPROVED AS TO FORM AND LEGALITY: By: Name: Jeremy Anato-Mensah Title: Assistant City Attorney CONTRACT AUTHORIZATION: M&C: 24-0542 6/28/24, 1:25 PM CITY COUNCIL AGENDA Create New From This M&C DATE: CODE: 6/25/2024 REFERENCE NO.. P TYPE: **M&C 24- 0542 CONSENT M&C Review Official site of th LOG NAME: PUBLIC HEARING: ��RT�4'�'ORTII _�� 13P AMEND FASTENAL MRO WATER CP � SUBJECT: (ALL) Authorize Amendment to Cooperative Agreement with Fastenal Company to Increase the Annual Amount by $111,000.00 for a New Total Annual Amount Up to $661,000.00 for Facility Maintenance, Repairs, and Industrial Supplies forAll City Departments RECOMMENDATION: It is recommended that the City Council authorize an amendment to the Cooperative Agreement with Fastenal Company to increase the annual amount by $111,000.00 for a new total annual amount up to $661,000.00 for facility maintenance, repairs, and industrial supplies for all City departments. DISCUSSION: On July 18, 2018, the City entered into an agreement with Fastenal Company under TXMAS CooperativeAgreement No. TXMAS-18-51V07 for an amount up to $100,000.00 (City Secretary Contract (CSC) No. 55887). On June 2, 2020, Mayor and Council Communication (M&C) 20- 0352 authorized amending the contract to increase the annual spending authority up to $200,000.00. On March 2, 2021, M&C 21-0139 authorized amending the contract to increase the annual spending authority up to $300,000.00. Amendment No. 2 to CSC 55887 was executed on July 8, 2022 to increase the annual spending authority up to $400,000.00 using the administration change order provided by M&C 21-0139. On July 1, 2023, Council approved M&C 23-0458 to authorize amending the contract to increase the annual spending authority up to $550,000.00. Based on current spending, staff is now requesting additional spending authority with Fastenal Company to allow the Water Department to purchase additional equipment to perform sewer line inspections to assess which water lines and pipes need to be replaced or repaired. Staff requests that City Council authorize an increase to the spending authority under the contract by an additional $111,000.00 to accommodate this increased, necessary spending. The new total annual amount of the agreement would be $661,000.00. FUNDING: The maximum amount allowed under this agreement Citywide will be $661,000.00; however, the actual amount used will be based on the need of each department and available budget. AGREEMENT TERM - The current agreement term is from July 1, 2023, to June 30, 2024 with no renewal options. 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. 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 item. DVIN: An MBE/SBE goal is not assigned when purchasing from an approved purchasing cooperative or public entity. The Cooperative Agreement serves ALL COUNCIL DISTRICTS. FISCAL INFORMATION/CERTIFICATION: apps.cfwnet.org/council_packet/mc_review.asp?ID=32248&councildate=6/25/2024 1 /2 6/28/24, 1:25 PM M&C Review 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 approval of the above recommendation and execution of the agreement. Prior to any expenditure being incurred, the participating departments have the responsibility to validate the availability of funds. Fund I Department I Account � Project Program � Activity Budget Reference # Amount ID ID Year (Chartfield 2) Submitted for City Manager's Office by_ Originating Department Head: Additional Information Contact: ATTACHMENTS Fasternal M&C Sams.Gov.pdf (CFW Internal) Reginald Zeno (8517) Costa, Fernando (6122) Reginald Zeno (8517) Christopher Harder (5020) Jo Ann Gunn (8525) Christen Pacheco (6159) apps.cfwnet.org/council_packet/mc_review.asp?ID=32248&councildate=6/25/2024 2/2