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HomeMy WebLinkAboutContract 53801-A5CSC No. 53801-A5 FIFTH AMENDMENT TO TO FORT WORTH CITY SECRETARY CONTRACT NO. 53801 This Fifth Amendment to Fort Worth City Secretary Contract No. 53801 ("51h Amendment") is made between the City of Fort Worth ("Fort Worth"), a municipal corporation and Century Fire Protection LLC, a Delaware limited liability company ("Vendor"). WHEREAS, Fort Worth and Vendor entered into an Agreement identified as Fort Worth City Secretary Contract No. 53801 beginning April 13, 2020 (the "Agreement"); WHEREAS the Agreement will expire on April 12, 2025 without the option to renew; WHEREAS, it is the collective desire of both Fort Worth and Vendor to amend the Agreement to extend the term to December 31, 2025; WHEREAS, the extension is necessary to preserve and protect the public health and safety by avoiding a loss in fire arm service while the City completes the competitive procurement process; 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: 1. The Agreement is hereby amended as follows: The Term of the Agreement is hereby amended to expire December 31, 2025, unless terminated earlier in accordance with the terms of the Agreement, without the option to renew. 2. 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 5' Amendment to Fort Worth City Secretary Contract No. 53801 Page 1 of 2 ACCEPTED AND AGREED: CITY OF FORT WORTH: By: 00*T� Name: Jesica McEachern Title: Assistant City Manager Date: 04/08/2025 APPROVAL RECOMMENDED: By: Michael Crum (Apr 4, 202508:16 CDT) Name: Michael Crum Title: Director, Public Events Dept Date: 04/04/2025 ATTEST: By: Name: Jannette Goodall Title: City Secretary Date: 04/09/2025 Vendor: Century Fire Protection LLC, 9e�a� Cr,6� By: Jeromy Gibson (Apr 3, 202515:35 EDT) Name: Jeromy Gibson Title: Corporate Treasurer Date: 04/03/2025 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: Cynthia Serrano Title: Assistant Director/GM FWCC Date: 04/03/2025 APPROVED AS TO FORM AND LEGALITY: By: S�- Name: Taylor Paris Title: Assistant City Attorney Date: 04/04/2025 CONTRACT AUTHORIZATION: M&C: 20-0190 5t' Amendment to Fort Worth City Secretary Contract No. 53801 Page 2 of 2 FORT WORTHS CITY OF FORT WORTH CHAPTER 252 EXEMPTION FORM Instructions: Fill out the entire form with detailed information. Once you have completed this form, provide it to the Purchasing attorney for review. The attorney will review the information you have provided to determine whether an exemption to Chapter 252's biding requirements is defensible. If you are printing this form to provide to Legal, please do not provide the Primer portion. Failure to provide sufficient information may result in follow up questions and cause a delay in the attorney's determination. Requesting Department: Name of Contract Manager: Department's Attorney: Item or Service sought: Goods: Service: Anticipated Amount: Section 1: General Information Public Events Department Cynthia Serrano Taylor Paris Fire alarms, sprinkler and suppression system 09 Vendor: Century Fire Protection LLC Current/Prior Agreement for item/service: Yes ❑X No ❑ CSC or Purchase Order #: Amount: Projected M&C Date: How will this item or service be used? sprinkler system CSC # 53801 To avoid lapse in service for our fire alarm and Has your department started a requisition or otherwise contacted the Purchasing Division related to obtaining this good/service? Yes ® No ❑ If yes, please provide requisition number or brief explanation of contact with Purchasing Division: Reviewing the timeline for RFP 25-0037 Fire Alarms, Sprinklers, and Page 1 of 6 Suppression Systems, there will be around one month for PED to execute the CSC. It would be my recommendation to request an extension from legal and draft an amendment to extend the CSC and ensure there is no lapse in coverage. Per Karen Quintero Section 2: Claimed Exemption and Justification (Other than sole source) NOTE: For sole -source exemption requests, complete Section 3. Please indicate the non -sole -source exemption you believe applies to the purchase and provide information to support its applicability. Please refer to the Exemption Primer for detailed information about common exemptions: ❑X A procurement necessary to preserve or protect the public health or safety of the City of Fort Worth's residents; ❑ A procurement necessary because of unforeseen damage to public machinery, equipment, or other property; ❑ A procurement for personal, professional, or planning services; ❑ A procurement for work that is performed and paid for by the day as the work progresses; ❑ A purchase of land or a right-of-way; ❑ Paving drainage, street widening, and other public improvements, or related matters, if at least one-third of the cost is to be paid by or through special assessments levied on property that will benefit from the improvements; ❑ A public improvement project, already in progress, authorized by the voters of the municipality, for which there is a deficiency of funds for completing the project in accordance with the plans and purposes authorized by the voters; ❑ A payment under a contract by which a developer participates in the construction of a public improvement as provided by Subchapter C, Chapter 212; ❑ Personal property sold: • at an auction by a state licensed auctioneer; • at a going out of business sale held in compliance with Subchapter F, Chapter 17, Business & Commerce Code; • by a political subdivision of this state, a state agency of this state, or an entity of the federal government; or • under an interlocal contract for cooperative purchasing administered by a regional planning commission established under Chapter 391; Page 2 of 6 ❑ Services performed by blind or severely disabled persons; ❑ Goods purchased by a municipality for subsequent retail sale by the municipality; ❑ Electricity; or ❑ Advertising, other than legal notices. Please provide details and facts to explain why you believe the exemption applies to the purchase. You may also attach documentation to this form. Century Fire Protection LLC provides plans, permits and tests with the City of Fort Worth Fire Department. They provide fire alarm systems for the Fort Worth Convention Center per the National Fire Protection Association and all federal, state, and local City laws, codes, plan and specifications. The exemption is to avoid a lapse in service for a public health and safety related service while the department prepares to go out for bid. Section 3: Claimed Sole -Source Exemption and Justification NOTE: For all non -sole -source exemption requests, complete Section 2. Please indicate the sole -source exemption you believe applies to the purchase and provide information to support its applicability. Please refer to the Exemption Primer for detailed information about common exemptions ❑ *A procurement of items that are available from only one source, including: • items that are available from only one source because of patents, copyrights, secret processes, or natural monopolies; • films, manuscripts, or books; • gas, water, and other utility services; • captive replacement parts or components for equipment; • books, papers, and other library materials for a public library that are available only from the persons holding exclusive distribution rights to the materials; and • management services provided by a nonprofit organization to a municipal museum, park, zoo, or other facility to which the organization has provided significant financial or other benefits; How did you determine that the item or service is only available from one source? Page 3 of 6 Attach screenshots and provide an explanation of any independent research you conducted, through internet searches, searching cooperatives, or discussions with others knowledgeable on the subject matter that corroborate that the item is available only from a single source. Did you attach a sole source justification letter? ❑ Yes ❑ No Describe the uniqueness of the item or service (e.g. compatibility or patent issues, etc.). Section 4: Attorney Determination With the facts provided by the department, is the use of the claimed exemption defensible if the City were to be challenged on this purchase? ©Yes ❑No. Was there anything attached to this form that was relied on in making this determination? ❑Yes NNo. If yes, please explain: Was there anything not included on this form or attached hereto that was relied on in making this determination? ❑ Yes NNo. If yes, please explain: Will the standard terms and conditions apply? Will the contract require special terms? Will the contract require review by the department attorney? Approved By: gee-a-'� 6a&�� Area Phillips / Jessika Williams Assistant City Attorney ❑X Yes ❑No. ❑Yes NNo. NYes ❑No. Date: 3/27/2025 Page 4 of 6 EXEMPTION FORM PRIMER Below are explanations and examples of common exemptions that could apply to City purchases. If you have questions about the information provided or need additional information, please contact your department's assigned attorney or the appropriate purchasing attorney. • PUBLIC HEALTH & SAFETY - A procurement necessary to preserve or protect the public health or safety of the municipality's residents; Examples of activities that have been found to fall within this exception include ambulance services; solid waste collection and disposal; and first -responder safety equipment such as breathing apparatus for firefighters and bullet-proof vests for police officers. • UNFORESEEN DAMAGES - A procurement necessary because of unforeseen damage to public machinery, equipment, or other property; Examples of this type of procurement would include repairing or replacing roofs and windows damaged by hail or a tornado. But parts and services for routine maintenance or replacement of old, worn out roofs or windows would not meet this exception. • PERSONAL, PROFESSIONAL, OR PLANNING SERVICES Personal services are ones that are unique to the individual providing them. Therefore, personal services contract cannot generally be subcontracted or assigned. Professional services are not defined under Chapter 252, so there is no precise definition to follow. There is no universal definition of this term, however, "several cases suggest that it... is `predominately mental or intellectual, rather than physical or manual."' Tex. Atty Gen Op. JM-940 (1988) (quoting Maryland Casualty Co. v. Cray Water Co., 160 S.W. 2d 102 (Tex. Civ. App.—Eastland 1942, no writ). The Texas Attorney General has also opined that "professional services" no longer includes only the services of lawyers, physicians, or theologians, but also those members of disciplines requiring special knowledge or attainment and a high order of learning, skill, and intelligence. Id. Facts needed to support a professional service exemption include the specialized requirements of that profession and the mental and intellectual skill required by the person while performing the service. Purchases of goods are not professional services. • SOLE SOURCE — A procurement for items available only from one source This exemption is commonly referred to as the sole source exemption. In determining whether a purchase is of a good or service that is available from one source, you should not consider price or time to receive the good or service. A sole source does not exist solely on the basis of personal or departmental preference or a desire to keep all units the same brand or make. The information needed to support this exemption is that no other provider Page 5 of 6 can provide the service or category of good except for the vendor you are proposing. Some examples of sole source purchases include service agreements when only one vendor is authorized to work on the equipment by the manufacturer and allowing another vendor would void the warranty; purchase of a good that is copyrighted or trademarked and only provided by one vendor. Page 6 of 6