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HomeMy WebLinkAboutContract 60185-A1R1CSC No. 60185-AlRl FIRST AMENDMENT AND FIRST RENEWAL OF CITY SECRETARY CONTRACT NO. 60185 This FIRST AMENDMENT AND FIRST RENEWAL ("First Amendment and First Renewal") OF CITY SECRETARY CONTRACT NO. 60185 ("Agreement") 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 Assistant City Manager, and SUNBELT POOLS, INC. ("Vendor"), a Texas for -profit corporation, acting by and through its duly authorized representative. The City and Vendor are referred to herein individually as a ("Party") and collectively as the ("Parties"). WHEREAS, on September 28, 2023, the City and Vendor entered into a Cooperative Purchasing Agreement, for the purchase of swimming pool chemicals, supplies, and equipment, for an annual combined amount of $132,000.00, the same being City Secretary Contract ("CSC") Number 60185 ("Agreement"); WHEREAS, the Agreement provides two (2) optional one-year renewal terms (each a "Renewal Term"); WHEREAS, the Parties wish to amend the Agreement to update the combined annual amount to mirror M&C 23-0625, as authorized by City Council on August 8, 2023; WHEREAS, the initial term of the Agreement expired on May 31, 2024; and WHEREAS, it is the collective desire of the Parties to extend this Agreement through the First Renewal Term; NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, the City and Vendor agree to amend and renew the Agreement as follows: I. In accordance with M&C 23-0625, the City and Vendor hereby agree to increase the combined annual not -to -exceed amount from $132,000.00 to $155,000.00 for swimming pool chemicals, supplies, and equipment as outlined in M&C 23-0625. Vendor further understands that this is the non-exclusive aggregate amount of all contracts awarded to multiple vendors under M&C 23-0625 and that the annual amount awarded to all vendors shall not exceed ONE HUNDRED FIFTY-FIVE THOUSAND AND ZERO CENTS ($155,000.00). Further, the City makes no promise or guarantee of the total amount of work that will be assigned to Vendor under this Agreement. II. The City and Vendor hereby agree to renew and extend the Agreement for a one-year period effective beginning on June 1, 2024, and expiring on May 31, 2025 ("First Renewal Term"). III. OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX First Amendment and First Renewal of CSC 60185 Pagel of 3 1. All terms and conditions of the Agreement that are not expressly amended pursuant to this First Amendment and First Renewal shall remain in full force and effect. 2. All terms in this First Amendment and First Renewal that are capitalized but not defined herein shall have the same meanings assigned to them in the Agreement. (signature page follows) First Amendment and First Renewal of CSC 60185 Page 2 of 3 IN WITNESS WHEREOF, the Parties hereto have executed this First Amendment and irst Renewal in multiples. City: By: C�4�1 Name: Jesica McEachern Title: Assistant City Manager Date: J u l 18, 2024 Vendor: By:. Name: Rob Morgan Title: Sales Email: robm@sunbeltpools.com Date: Jul S, 2024 FOR THE CITY OF FORT WORTH INTERNAL PROCESSES: Approval Recommended: Ao�e Name: Dave Lewis Title: Deputy Director Park & Recreation Department Approved as to Form and Legality: f 4 Cr By: Name: Trey Qualls Title: Assistant City Attorney Contract Authorization: M&C: 23-0625 Form 1295: 2023-1038112 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: Clinton Wyatt Title: District Superintendent Park & Recreation Department City Secretary By: Name: Jannette S. Goodall Title: City Secretary 4,oavvnp� v � � FORT�yo9�1d F, Ova o=A opa,� o, 000*�d Qa b a���d 45ggA' OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX First Amendment and First Renewal of CSC 60185 Page 3 of 3 6/14/24. 1:08 PM M&C Review ACITY COUNCIL AGEND Create New From This M&C DATE: 8/8/2023 REFERENCE NO.. CODE: P TYPE Official site of the City of Fort Worth, Texas FORTWORTIl **M&C 23- 13PCOOP BB701-23 0625 LOG NAME: SWIMMING POOL SUPPLIES LSJ PARD CONSENT PUBLIC NO NO SUBJECT: (ALL) Authorize Execution of Agreements with Sunbelt Pools, Inc. and HydroApps LLC for Swimming Pool Chemicals, Supplies, and Equipment in a Combined Annual Amount Up to $155,000.00 Using Buyboard Cooperative Contract No. 701-23 for the Park and Recreation and Water Departments RECOMMENDATION: It is recommended that the City Council authorize the execution of agreements with Sunbelt Pools, Inc. and HydroApps LLC for swimming pool chemicals, supplies, and equipment for the Park and Recreation and Water Departments in a combined annual amount up to $155,000.00 using Buyboard Cooperative Contract No. 701-23 and authorize two annual renewal options for the same amount. DISCUSSION: The Park and Recreation and Water Departments approached the Purchasing division to enter into agreements with the awarded vendors under Buyboard Contract No. 701-23. The contract offers a variety of pool chemicals and supplies needed for City swimming pools and water chemical tanks. The contract also includes hourly labor rates for installation and repair services of swimming pools, equipment and supplies. BuyBoard contracts offer fixed discounts. Staff reviewed the pricing and determined it to be fair and reasonable. 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. BuyBoard contracts have been competitively bid to increase and simplify the purchasing power of government entities. Staff from the user -departments identified two vendors with which they wanted to enter into agreements. Approval of this Mayor and Council Communication authorizes the City to execute agreements with Sunbelt Pools, Inc. and HydroApps LLC. The maximum combined annual amount under these agreements will be $155,00.00; however, the actual amount used will be based on the need of the department and available budget. The annual department allocation for these agreements is: Departments Annual Amount Water $40,000.00 Parks $115,000.00 Funding is budgeted in the Operating Supplies account of the Park and Recreation Department's General Fund and the Water Department's Water & Sewer Funds, as appropriated. DIVERSITY & INCLUSION - A Business Equity goal is not assigned when purchasing from an approved purchasing cooperative or public entity. AGREEMENT TERMS - Upon City Council approval, the agreements will begin upon execution and end on June 1, 2024, with two (2) one-year renewal options to correspond with the terms of the Buyboard Contract. This action does not require specific City Council approval provided that City Council has appropriated sufficient funds to satisfy the City's obligations during the renewal terms. apps.cfwnet.org/counciI_packet/mc_review.asp?ID=31252&counciIdate=8/8/2023 1/2 6/14/24, 1:08 PM M&C Review ADMINISTRATIVE CHANGE ORDERS - 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. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that funds are available in the current operating budget, as previously appropriated, in the General and Water & Sewer Funds to support the approval of the above recommendation and execution of the purchase agreements. Prior to any expenditure being incurred, the Park and Recreation and Water Departments have the responsibility to validate the availability of funds. BQN\\ TO Fund Department Account Project ID ID FROM Fund Department Account I Project ID ID Submitted for City Manaqer's Office by: Originating Department Head: Additional Information Contact: Program Activity Budget Year Program Activity Budget Year Reference # Amount (Chartfield 2) Reference # Amount (Chartfield 2) Reginald Zeno (8517) Jesica McEachern (5804) Reginald Zeno (8517) Dave Lewis (5717) Jo Ann Gunn (8525) La'Kita Slack -Johnson (8314) ATTACHMENTS 13PCOOP BB701-23 SWIMMING POOL SUPPLIES LSJ PARD funds availabilitv.pdf (CFW Internal) FID TABLE Pool Supplies.xlsx (CFW Internal) Form 1295 Sunbelt.pdf (CFW Internal) HydroApps 1295.pdf (CFW Internal) HydroApps 701-23.pdf (CFW Internal) Sunbelt Pools. 1295.pdf (CFW Internal) Sunbelt Pools, Inc (1),pdf (CFW Internal) Water Leslie COOP FID.xlsx (CFW Internal) apps.cfwnet.org/counci I_packet/mc_review.asp? I D=31252&counci ddate=8/8/2023 2/2