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HomeMy WebLinkAboutContract 58705-A2DocuSign Envelope ID: 5D87B310-2BF6-46B0-8933-CCD260B4A839 SECOND AMENDMENT OF COOPERATIVE PURCHASE AGREEMENT BETWEEN THE CITY OF FORT WORTH AND NORTHERN SAFETY CO., INC. (CSC NO. 58705) CSC No. 58705-A2 This SECOND AMENDMENT ("Second Amendment") 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 representative, and NORTHERN SAFETY CO., INC., a New York corporation, acting by and through its duly authorized representative ("Vendor"). City and Vendor are herein referred to individually as a ("Party") and collectively as the ("Parties"). WHEREAS, on January 1, 2023, City and Vendor entered into a Cooperative Purchase Agreement to provide maintenance, repair and operations supplies and related services, the same being Fort Worth City Secretary Contract ("CSC") Contract Number 58705 ("Agreement"); WHEREAS, the Agreement provides an initial term of three months and two automatic one-year renewal terms (April 1 to March 31) ( each a "Renewal Term"); WHEREAS, during the First Renewal Term, the Parties amended the Agreement to increase the contract's not-to-exceed amount to $188,500 per term (City Secretary Contract No. 58705-Al); WHEREAS, during the First Renewal Term, the Fort Worth City Council authorized an increase in the contract's not-to-exceed amount to $230,000 per term (M&C 23-0938); WHEREAS, the Parties now wish to amend the Agreement to increase the annual amount in the Second Renewal Term in order to purchase additional personal protective equipment and safety and operating supplies required for routine facilities maintenance and repairs for the Park & Recreation Department; and NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, the City and Vendor agree to amend the Agreement as follows: I. The fourth paragraph on the first page of the Agreement, as previously amended by City Secretary Contract No. 58705-Al, is hereby amended again by deleting it 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 during the Second Renewal Term (April 1, 2024 -March 31, 2025) shall not exceed three hundred thirty thousand dollars and zero cents ($330,000). 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 Northern Safety Co., Inc. Second Amendment of CSC 58705 Page 1 of3 DocuSign Envelope ID: 5D87B310-2BF6-46B0-8933-CCD260B4A839 expenses of Vendor not specified by this Agreement unless City first approves such expenses in writing. II. 1. All terms and conditions of the Agreement that are not expressly amended pursuant to this Second Amendment shall remain in full force and effect. 2. All terms in this Second Amendment that are capitalized but not defined shall have the meanings assigned to them in the Agreement. (Signatures on following page) Northern Safety Co., Inc. Second Amendment of CSC 58705 Page 2 of 3 DocuSign Envelope ID: 5D87B310-2BF6-46B0-8933-CCD260B4A839 IN WITNESS WHEREOF, the Parties hereto have executed this Second Amendment in multiples. City: Vendor: � By: Name: Jesica McEachem Title: Assistant City Manager I/ DocuSigned by: L�g� By: Name: Carrie Bachman Title: Director of Sales Operations Email: carrie.bachman@wurthindustry.com 6/24/2024 Date: Jul22,2024---------- FOR CITY OF FORT WORTH INTERNAL PROCESSES: Approval Recommended: By: Name: Richard Zavala Title: Director Park & Recreation Department By: Name: JoelMcElhany Title: Assistant Director Park & Recreation Department APPROVED AS TO FORM AND LEGALITY: By:T]Jt.MJqr;��3:47 CDT) Name: Trey Qualls Title: Assistant City Attorney CONTRACT AUTHORIZATION: M&C: 23-0582, 23-0938 Form 1295: 2023-1066036 (8/30/2023) Northern Safety Co., Inc. Second Amendment ofCSC 58705 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: Scott Penn Title: Senior Capital Projects Officer Park & Recreation Department ATTEST: By: Name: Jannette S. Goodall Title: City Secretary Page 3 of3 MX�C', R evi ew DocuSign Envelope ID: 5D87B310-2BF6-46B0-8933-CCD260B4A839 CITY COUNCIL AGENDA Create New From This M�C DATE: 10/31/2023 REFERENCE **M&C 23- NO.: 0938 CODE: P TYPE: CONSENT LOG NAME: PUBLIC HEARING: Page 1 of 2 Official site of the City of Fort Worth, Texas �{l�T��'f�RTI� -�� 13PAMEND #1 COOP OMNIA MRO SUPPLY LSJ PARD NO SUBJECT: (ALL) Authorize Execution of Amendment No. 1 to City Secretary Contract No. 58705 with Northern Safety Company, Inc., to Increase the Annual Amount by $130,000.00 for a New Annual Aggregate Amount Up to $230,000.00 for Maintenance, Repair and Operations Supplies and Related Services for the Park and Recreation Department RECOMMENDATION: It is recommended that the City Council authorize the execution of Amendment No. 1 to City Secretary Contract No. 58705 with Northern Safety Company, Inc., to increase the annual amount by $130,000.00 for a new aggregate amount up to $230,000.00 for maintenance, repair and operations supplies and related services for the Park and Recreation Department. DISCUSSION: On January 9, 2023, the City of Fort Worth entered into an agreement with Northern Safety Company, Inc., using Omnia Partners Cooperative Contract No. R1920007 for maintenance, repair and operations supplies and related services. The Park and Recreation Department approached the Purchasing Division to increase the annual agreement amount by $130,000.00 in order to purchase additional personal protective equipment and safety and operating supplies required for routine facilities maintenance and repairs. Accordingly, staff is now requesting authorization to amend the existing agreement to increase the annual amount by an additional $130,000.00, for a total annual amount not to exceed $230,000.00. AGREEMENT TERMS - The current term of this Agreement will expire on March 31, 2024, with one one-year renewal option remaining thereafter. 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. DIVERSITY & INCLUSION - A Business Equity goal is not assigned when purchasing from an approved purchasing cooperative or public entity. The maximum amount allowed under this agreement citywide will be $230,000.00; however, the actual amount used will be based on the need of the department and available budget. This amendment will not change any other agreement terms or conditions of the contract. Funding is budgeted in the General Fund and the Community Tree Planting Prog Fund for the Park & Recreation Department. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that upon approval of the above recommendation, funds are available in the current operating budget, as previously appropriated, in the General Fund http://apps.cfwnet.org/council�acket/mc_review.asp?ID=31564&councildate=l0/31/2023 6/12/2024 MX�C', R evi ew DocuSign Envelope ID: 5D87B310-2BF6-46B0-8933-CCD260B4A839 Page 2 of 2 and Community Tree Planting Prog Fund. Prior to an expenditure being incurred, the Park and Recreation Department has the responsibility to validate the availability of funds. BQN\\ TO rFund Department Account Project Program Activity Budget Reference # Amount � ID ID Year (Chartfield 2) FROM Fund Department Account Project Program Activity Budget Reference # Amount ID ID Year (Chartfield 21 Submitted for Citv Manaqer's Office bv: Reginald Zeno (8517) Jesica McEachern (5804) Oriqinatinq Department Head: Additional Information Contact: Reginald Zeno (8517) Dave Lewis (5717) Jo Ann Gunn (8525) La'Kita Slack-Johnson (8314) ATTACHMENTS 13PAMEND COOP OMNIA MRO SUPPLY LSJ PARD funds availabilitv.pdf (CFW Internal) 13PAMEND COOP OMNIA MRO SUPPLY LSJ PARD Updated FID.xlsx (CFW Internal) Northern Safetv 1295 Form.pdf (CFW Internal) http://apps.cfwnet.org/council�acket/mc_review.asp?ID=31564&councildate=l0/31/2023 6/12/2024 Official site of the City of Fort Worth, Texas CITY COUNCIL AGENDA Create New From This M&C DATE:10/31/2023 REFERENCE NO.: **M&C 23- 0938 LOG NAME: 13PAMEND #1 COOP OMNIA MRO SUPPLY LSJ PARD CODE:P TYPE:CONSENT PUBLIC HEARING:NO SUBJECT: (ALL) Authorize Execution of Amendment No. 1 to City Secretary Contract No. 58705 with Northern Safety Company, Inc., to Increase the Annual Amount by $130,000.00 for a New Annual Aggregate Amount Up to $230,000.00 for Maintenance, Repair and Operations Supplies and Related Services for the Park and Recreation Department RECOMMENDATION: It is recommended that the City Council authorize the execution of Amendment No. 1 to City Secretary Contract No. 58705 with Northern Safety Company, Inc., to increase the annual amount by $130,000.00 for a new aggregate amount up to $230,000.00 for maintenance, repair and operations supplies and related services for the Park and Recreation Department. DISCUSSION: On January 9, 2023, the City of Fort Worth entered into an agreement with Northern Safety Company, Inc., using Omnia Partners Cooperative Contract No. R1920007 for maintenance, repair and operations supplies and related services. The Park and Recreation Department approached the Purchasing Division to increase the annual agreement amount by $130,000.00 in order to purchase additional personal protective equipment and safety and operating supplies required for routine facilities maintenance and repairs. Accordingly, staff is now requesting authorization to amend the existing agreement to increase the annual amount by an additional $130,000.00, for a total annual amount not to exceed $230,000.00. AGREEMENT TERMS - The current term of this Agreement will expire on March 31, 2024, with one one-year renewal option remaining thereafter. 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. DIVERSITY & INCLUSION - A Business Equity goal is not assigned when purchasing from an approved purchasing cooperative or public entity. The maximum amount allowed under this agreement citywide will be $230,000.00; however, the actual amount used will be based on the need of the department and available budget. This amendment will not change any other agreement terms or conditions of the contract. Funding is budgeted in the General Fund and the Community Tree Planting Prog Fund for the Park & Recreation Department. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that upon approval of the above recommendation, funds are available in the current operating budget, as previously appropriated, in the General Fund Page 1 of 2M&C Review 6/12/2024http://apps.cfwnet.org/council_packet/mc_review.asp?ID=31564&councildate=10/31/2023 Fund Department ID Account Project ID Program Activity Budget Year Reference # (Chartfield 2) Amount Fund Department ID Account Project ID Program Activity Budget Year Reference # (Chartfield 2) Amount and Community Tree Planting Prog Fund. Prior to an expenditure being incurred, the Park and Recreation Department has the responsibility to validate the availability of funds. BQN\\ TO FROM Submitted for City Manager's Office by:Reginald Zeno (8517) Jesica McEachern (5804) Originating Department Head:Reginald Zeno (8517) Dave Lewis (5717) Additional Information Contact:Jo Ann Gunn (8525) La'Kita Slack-Johnson (8314) ATTACHMENTS 13PAMEND COOP OMNIA MRO SUPPLY LSJ PARD funds availability.pdf (CFW Internal) 13PAMEND COOP OMNIA MRO SUPPLY LSJ PARD Updated FID.xlsx (CFW Internal) Northern Safety 1295 Form.pdf (CFW Internal) Page 2 of 2M&C Review 6/12/2024http://apps.cfwnet.org/council_packet/mc_review.asp?ID=31564&councildate=10/31/2023