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HomeMy WebLinkAboutContract 57302-A1CSC No. 57302-A1 FIRST AMENDMENT TO FORT WORTH CITY SECRETARY CONTRACT NO. 57302 This First Amendment to Fort Worth City Secretary Contract No. 57302 ("First Amendment") is made between the City of Fort Worth ("Fort Worth"), a municipal corporation and Testforce USA, Inc., a Texas Corporation ("Vendor"). WHEREAS, Fort Worth and Vendor entered into an Agreement identified as Fort Worth City Secretary Contract No. 57302 beginning March 25, 2022 (the "Agreement"); and WHEREAS, it is the collective desire of both Fort Worth and Vendor to amend the Agreement to revise the expiration date to August 22, 2024 to align with the underlying cooperative purchase agreement, DIR-CPO-4422. This Agreement may be amended to reflect the successive DIR Cooperative Agreement to DIR-CPO-4422 and be renewed annually in accordance with the terms of that DIR Cooperative Agreement. WHEREAS, the Parties wish to amend the Agreement to add Exhibit B-2 and increase the total Agreement amount by $110,000.00 for a one-time purchase for the new total annual amount of $210,000.00 for the current term only. The total contract amount for the next term, and any subsequent term, will be $100,000.00 annually. NOW THEREFORE, known by all these present, Fort Worth and Vendor, acting herein by the through their duly authorized representatives, agree to the following terms, which amend the Agreement as follows: I. AMENDMENTS The Agreement is hereby amended as follows: 1. The Agreement expiration date is revised to be August 22, 2024 in order to align the term of the Agreement with DIR-CPO-4422 and; 2. Exhibit B-2, attached hereto, is attached to the Agreement as Exhibit B-2 to increase the total contract to $210,000.00 for the current term and authorize a one-time purchase in accordance with the terms of Exhibit B-2. 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] OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX First Amendment to Fort Worth City Secretary Contract No. 57302 Page 1 of 3 Executed effective as of the date signed by the Assistant City Manager below. FORT WORTH: City of Fort Worth Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and administration f of this contract, including ensuring all performance By: a. and reporting requirements. Name: Mark McDaniel Title: Deputy City Manager J u l 11 2024 Date: � By: Lawrence Crockett (Jul ll, 202412:07 CDT) Name: Lawrence Crockett Approval Recommended: Title: IT Solutions, Senior Manager Approved as to Form and Legality: G,--' G. By: / Name: Kevin Gunn �- Title: IT Solutions, Director By: Name: Taylor C. Paris Attest: Title: Assistant City Attorney Contract Authorization: M&C: 24-0534 By: Approved:6/25/24 Name: Jannette S. Goodall 1295: 2024-1152117 Title: City Secretary VENDOR: Testforce USA, Inc. By: - Name: Bill Snipes -& Title: VP of Operations Date: 7-11-2024 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX First Amendment to Fort Worth City Secretary Contract No. 57302 Page 2 of 3 AL AL QUOTATION Testforce 4552 S nbeltDr Exhibit B-2 Addison, Texas 75001-5131, United States Tel: +1-972-980-9959 Fax: TO: City of Ft Worth TX QUOTE #: Q33648 2500 SE Loop 820 DATE: July 02, 2024 Ft Worth, TEXAS VALID UNTIL: August 02, 2024 United States, 76102 PAYMENT TERMS: 100% NET 30 DAYS CURRENCY: USD (TAXES NOT INCLUDED) CONTACT: Chris Dusseau DEL. TERM: EXW TEL: (817) 392-6045 As per Testforce general terms and conditions TC0601 EMAIL: chris.dusseau@fortworthtexas.gov REFERENCE: TX DIR CONTRACT: #DIR-CPO-4422 Viavi Solutions Inc. 1 2 CX300 $31,905.00 $63,810.00 2-4 weeks CX300;Communications Service Monitor TX DIR Price: $30,628.80 $61,257.60 2 2 CX300-DP25P1 $2,905.00 $5,810.00 2-4 weeks CX300-DP25P1;P25 Conventional TX DIR Price: $2,788.80 $5,577.60 3 2 CX300-DP25P2 $2,905.00 $5,810.00 2-4 weeks CX300-DP25P2;P25 Phase II TX DIR Price: $2,788.80 $5,577.60 4 2 CX300-TPKV $2,905.00 $5,810.00 2-4 weeks CX300-TPKV;Kenwood Viking Series Auto -Test / Alignment TX DIR Price: $2,788.80 $5,577.60 5 2 CX300-TPMA $3,905.00 $7,810.00 2-4 weeks CX300-TPMA; Motorola APX Series Auto -Test / Alignment TX DIR Price: $3,748.80 $7,497.60 6 2 CX300-TPMAN $1,705.00 $3,410.00 2-4 weeks CX300-TPMAN; Motorola APX Next Series Auto -Test / Alignment TX DIR Price: $1,636.80 $3,273.60 7 2 CX300-TPMA25 $3,905.00 $7,810.00 2-4 weeks CX300-TPMA25; Motorola ASTRO 25 XTS/XTL Auto -Test and Alignment TX DIR Price: $3,748.80 $7,497.60 8 2 CX300-ACS10 $315.00 $630.00 2-4 weeks CX300-ACS10;10 AMP Current Shunt 0.01 Ohm TX DIR Price: $302.40 $604.80 9 2 CX300-TPBK $2,905.00 $5,810.00 2-4 weeks CX300-TPBK;BK/Reim KNG Series Auto -Test and Alignment TX DIR Price: $2,788.80 $5,577.60 Testforce USA Please send PO to: ORDERS@US.TESTFORCE.COM www.testforce.com 1/2 QUOTATION Testforce USA 4552 Sunbelt Dr Addison, Texas 75001-5131, United States Tel: +1-972-980-9959 Fax: TOTAL $102,441.60 *STOCK SUBJECT TO AVAILABILITY AT TIME OF ORDER* Shipping Charges Extra Please add Testforce USA to your list of approved vendors. Testforce USA is a small business. We accept Visa / Mastercard / American Express. Use of a credit card for payment can incur additional charges of 2% - 3.5%. Note: * To expedite shipping of your unit, certain Software Options may be delivered via e-mail post -purchase. We fully expect the Options files to be delivered to you before or at the same time your unit arrives. * Please provide the End User's name and email address with your Purchase Order. Quotation submitted by: Account Support Jennifer Mendez jennifer.mendez@testforce.com 972-980-9959 ext 7870 Technical Account Manager Rob Robinson rob.robinson@testforce.com www.testforce.com 2/2 CITY COUNCIL AGENDA Official site of the City of Fort Worth, Texas FORTWORTH - Create New From This M&C REFERENCE ."M&C 24- 04TESTFORCE COOPERATIVE DATE: 6/25/2024 NO.: 0534 LOG NAME: PURCHASEAGREEMENT AMENDMENT CSC 57302 CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: (ALL) Authorize an Amendment to City Secretary Contract No. 57302 with Testforce USA, Inc. to Increase the Annual Amount by $110,000.00 for a New Annual Amount Up to $210,000.00 for Fiscal Year 2024 Only Using Cooperative Contract Texas Department of Information Resources DIR -CPO-4422 for the Information Technology Solutions Department RECOMMENDATION: It is recommended that the City Council authorize an amendment to City Secretary Contract No. 57302, a purchase agreement with Testforce USA, Inc. to increase the fiscal year 2024 annual amount by $110,000.00 for a new fiscal year 2024 annual amount up to $210,000.00 using cooperative contract Texas Department of Information Resources DIR -CPO-4422 for the Information Technology Solutions Department. DISCUSSION: The Information Technology Solutions (ITS) Department will use the purchase agreement to purchase replacement test equipment, software and provide onsite training for Fiscal Year (FY) 2024 ITS Radio Test Equipment project (City Project No. 105453) using Cooperative Contract Texas Department of Information Resources (DIR) DIR-CPO-4422 in an annual amount up to $210,000.00 for FY2024. Subsequent contract terms will return to an annual amount not to exceed $100,000.00. Texas DIR cooperative agreements are authorized to offer the Cooperative Purchasing Program to state agencies, public institutions of higher learning, public school districts and local governments. Pursuant to state law, a local government that purchases goods or services under the Interlocal Cooperation Act satisfies otherwise applicable competitive bidding requirements. COOPERATIVE PURCHASE: State law provides that a local government purchasing an item under a cooperative purchase agreement satisfies State laws requiring that the local government seek competitive bids for purchase of the item. Cooperative contracts have been competitively bid to increase and simplify the purchasing power of local government entities across the State of Texas. SUCCESSOR CONTRACTS: The City will initially use the cooperative contract to make purchases authorized by this M&C. The Cooperative Contract is set to expire on August 22, 2024. If DIR-CPO- 4422 is extended, this M&C authorizes the City to purchase similar equipment and supplies under the extended contract. If DIR-CPO-4422 is not extended but the DIR executes a new cooperative contract with Testforce USA, Inc. and with substantially similar terms, this M&C authorizes the City to purchase the equipment and supplies under the new DIR contract. In the event the DIR agreement is not renewed, staff would cease purchasing at the end of the last purchase agreement coinciding with a valid DIR agreement. If the City Council were to not appropriate funds for a future year, staff would stop making purchases when the last appropriation expires, regardless of whether the then -current purchase agreement has expired. BUSINESS EQUITY: A goal is not assigned when purchasing from an approved purchasing cooperative or public entity. ADMINISTRATIVE CHANGE ORDER: An administrative change 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. AGREEMENT TERM: Upon City Council's approval, the initial term of the agreement will become effective once executed by the Assistant City Manager and will expire on August 22, 2024, in accordance with the DIR contract. The Agreement may be renewed in accordance with the extended DIR-CPO-4422 cooperative agreement or its successor but will not be renewed without seeking Council approval. RENEWAL OPTIONS: This agreement may be renewed for additional terms, in accordance with the underlying DIR, at the City's options to renew. This action does not require specific City Council approval provided that the City Council has appropriated sufficient funds to satisfy the City's obligations during the renewal term. Staff anticipates the cost for renewal years will be approximately the same as for the first year. Funding is budgeted in the ITS Capital Fund for the Information Solutions Department for the purpose of funding the FY24 ITS Radio Test Equipment project. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that funds are available in the current capital budget, as previously appropriated, in the ITS Capital Fund for the FY24 ITS Radio Test Equipment project to support the approval of the above recommendation and execution of the amendment. Prior to any expenditure being incurred, the Information Technology Solutions Department has the responsibility to validate the availability of funds. TO Fund Department Account Project Program Activity Budget Reference # Amount ID ID I I Year (Chartfield 2) FROM Fund Department Account Project I Program Activity Budget Reference # Amount ID ID Year (Chartfield 2) Submitted for City Manager's Office by_ Mark McDaniel () Originating Department Head: Kevin Gunn (2015) Additional Information Contact: Donlen Ruffin (2017) ATTACHMENTS 04TESTFORCE COOPERATIVE PURCHASE AGREEMENT AMENDMENT CSC 57302.docx (CFW Internal) FID Template Testforce.xlsx (CFW Internal) Form 1295 Certificate 101201288(1).Ddf (CFW Internal)