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HomeMy WebLinkAboutContract 57328-A2Second Amendment to Fort Worth City Secretary Contract No. 57328 Page 1 of 5 SECOND AMENDMENT TO FORT WORTH CITY SECRETARY CONTRACT NO. 57328 This Second Amendment to Fort Worth City Secretary Contract No. 57328 is made between the City of Fort Worth (“City”), a Texas home-rule municipal corporation acting by and through its duly authorized Assistant City Manager, and Safeware, Inc. (“Vendor”) acting by and through its duly authorized representative. City and Vendor are individually referred to as a “Party” and collectively as the “Parties.” WHEREAS, City and Vendor entered into an agreement identified as Fort Worth City Secretary Contract No. 57328 beginning March 31, 2022 (“Agreement”); WHEREAS, the Agreement provides for a 6-month initial term with five (5) one-year renewal options by the written agreement of the Parties; WHEREAS, on October 23, 2022, the Parties amended the Agreement to increase the maximum amount to be expended under the contract, for the initial term or any following renewal term, to a total not to exceed $254,000.00 per year; WHEREAS, the Parties have most recently renewed the Agreement for a term set to expire on September 30, 2025; and WHEREAS, it is the collective desire of both City and Vendor to amend the Agreement a second time to update Exhibit A to add additional items found in Quote10145805. NOW THEREFORE City and Vendor do hereby agree to the following: I. AMENDMENT TO AGREEMENT The following terms are hereby amended to replace any conflicting terms in the Agreement or will be added to the terms and shall be binding and enforceable as if they were originally included therein. The attached Quotation 10145805 is hereby added to Exhibit A. 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. Second Amendment to Fort Worth City Secretary Contract No. 57328 Page 2 of 5 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, o a signature, shall be treated as and shall have the same effect as anoriginal. [SIGNATURE PAGE FOLLOWS] [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] Second Amendment to Fort Worth City Secretary Contract No. 57328 Page 3 of 5 WITNESS WHEREOF, the Parties hereto have executed this amendment, to be effective the day the Assistant City Manager signs it. ACCEPTED AND AGREED: CITY OF FORT WORTH By: ___________________________ Name: William Johnson Title: Assistant City Manager Date: ___________________________ APPROVAL RECOMMENDED: By: ______________________________ Name: Robert A. Alldredge Jr. Title: Executive Assistant Chief ATTEST: By: ______________________________ Name: Jannette S. Goodall Title: City Secretary 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: Loraine Coleman Title: Administrative Services Manager APPROVED AS TO FORM AND LEGALITY: By: ______________________________ Name: Andrea Phillips Title: Assistant City Attorney CONTRACT AUTHORIZATION: M&C: 21-0237 Date Approved: 4/6/2021 Form 1295 Certification No.: 2021-713519 SAFEWARE, INC. By: Name: Jessica M. Faulkner Title: Assistant Secretary Date: 9/17/2024 Second Amendment to Fort Worth City Secretary Contract No. 57328 Page 4 of 5 QUOTATION 10145805 Second Amendment to Fort Worth City Secretary Contract No. 57328 Page 5 of 5 M&C Review CITY COUNCIL AGENDA Create New From This M&C Page 1 of 3 Official site of the Ciry of Fort Worth, Texas F��T� ���i� REFERENCE **M&C 21- 13PAMEND EMERGENCY DATE: 4/6/2021 NO.: 0237 LOG NAME: PREPARDNESS EQUIPMENT AND SERVICES AR PD CODE: P TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: (ALL) Authorize Increase to Cooperative Agreement with Safeware, Inc. in the Amount of $125,925.00 Per Year, for a Total Annual Amount of $225,925.00 for Public Safety and Emergency Preparedness Equipment and Related Service for City Departments RECOMMENDATION: It is recommended that the City Council authorize an increase to the cooperative agreement with Safeware, Inc. in the amount of $125,925.00 per year, for a total annual amount of $225,925.00 for public safety and emergency preparedness equipment and related services for City Departments using OMNIA Partners, Public Sector Contract No. 4400008468. DISCUSSION: On February 28, 2019, the Information Technology Solution Department contacted the Purchasing Division to enter into an Omnia Partners, Public Sector contract with Safeware, Inc. Purchasing's Assistant Director authorized an agreement in the amount of $100,000.00 for public safety and emergency preparedness equipment. February 2020, the Information Technology Solution Department authorized the Police Department to utilize the agreement to make their own procurements. The agreement allows the Police Department's Special Weapons and Tactic (SWAT) Unit to purchase equipment used during emergency situations such as terroristic threats, hostage rescue, perimeter clearing, and any other crisis situations. On January 2021, the Police Department contacted the Purchasing Division requesting assistance to increase the authority under the agreement by $125,925.00 for a new annual total agreement amount of $225,925.00. The increase in contract authority will allow the SWAT Unit to continue to purchase additional equipment for personnel such as the Avon Combination System Powered Air Purifying Respirator thats capable of providing respiratory protection, and a second SAN Hydraulic Breaching Tool Kit which is designed to ease and expedite the ability of SWAT breachers to gain access to any structure. Both procurements estimating to be over $100,000.00. The Department will be using funds from their Homeland Security Grant Program-Urban Area Security Initiative (HSGP-UASI) in order to pay for these expenditures. A MBE/SBE goal is not assigned when purchasing from an approved purchasing cooperative or public entity. This agreement will end on September 30, 2023 to correspond with the term of the Omnia Partners, Public Sector cooperative contract. This agreement may be renewed in accordance with the terms and conditions of OMNIA Partners, Public Sector Contract No. 4400008468 or applicable successive OMNIA Partners, Public Sector contracts for the same services at the City's option. 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. 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 purchase http://apps.cfwnet.org/council�acket/mc review.asp?ID=28787&councildate=4/6/2021 8/29/2024 M&C Review Page 2 of 3 of the item. Omnia Partners, Public Sector Contracts have been competitively bid to increase and simplify the purchasing power of government entities. 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. In the event that a cooperative agreement is not renewed, staff would cease making purchases at the end of the last purchase agreement coinciding with the valid cooperative agreement. If the City Council were to not appropriate funds for a future year, staff would cease making purchases when the last appropriation expires, regardless of whether the then-current purchase agreement has expired. If the cooperative contract is extended, this Mayor and Council Communication (M&C) authorizes the City to purchase similar products and services under the extended contracts. If the cooperative contract is not extended, but a new cooperative contract is executed with Safeware, Inc. with substantially similar terms as the previous cooperative contract, this M&C authorizes the City to purchase the services under the new cooperative contract. I��Y�_1�I�IY�]:7��i/_��[�7►1L�:i�l�[a_��[�7►A The Director of Finance certifies that funds are available in the current operating budget, as previously appropriated, in the General Fund and the Grants Operating Federal Fund to support the approval of the above recommendation and the increase to the cooperative agreement. Prior to any expenditure being incurred, the Police Department has the responsibility to validate the availability of funds. BQN\\ TO Fund Department Account Project Program Activity Budget Reference # Amount ID ID Year Chartfield 2 Fund Department ID Account Project Program Activity Budget ID I Year Submitted for Citv Manaqer's Office bv: Oriqinatinq Department Head: Additional Information Contact: ATTACHMENTS Jesus J. Chapa (5804) Reginald Zeno (8517) Neil Noakes (4212) Cynthia Garcia (8525) A'ja Robertson (8585) Reference # Chartfield 2 Amount 1295.pdf (CFW Internal) 13PAMEND EMERGENCY PREPARDNESS EQUIPMENT AND SERVICES AR PD FID table.xlsx (CFW Internal) 13PAMEND EMERGENCY PREPARDNESS EQUIPMENT AND SERVICES AR PD funds avail.docx (CFW Internal) SAFEWARE - FID TABLE BLANK WITH INSTRUCTIONS - UASI 20-001 20-003.x1sx (CFW Internal) http://apps.cfwnet.org/council�acket/mc review.asp?ID=28787&councildate=4/6/2021 8/29/2024 M&C Review Safeware Acceptance Agreement (1).pdf (CFW Internal) SAMs.pdf (CFW Internal) SWAT - 20-001 FM54 SYstem.pdf (CFW Internal) SWAT - 20-003 Breachinq Tool.pdf (CFW Internal) Page 3 of 3 http://apps.cfwnet.org/council�acket/mc review.asp?ID=28787&councildate=4/6/2021 8/29/2024