HomeMy WebLinkAboutContract 61012-A1CSC No. 61062-A1
AMENDMENT NO. 1
TO CITY OF FORT WORTH CONTRACT 61062
This Amendment is entered into by and between the City of Fort Worth (hereafter
"City"), and Kirby Smith Machinery, Inc. ("Vendor"). City and Vendor may be referred to
individually as a Party and collectively as the Parties.
WHEREAS, on March 7,2024, the Parties entered into City Secretary Contract 61062
for Vendor to provide motorized equipment to facilitate construction, and repair of various projects
including roads and bridges. ("Agreement").
WHEREAS, the Parties wish to amend the Agreement to increase the total compensation
amount allowed under the Agreement by $8,000,000.00 for a new total amount up to
$9,000,000.00, as authorized by Mayor and Council Communication No. 23-0450 (June 13, 2023).
NOW, THEREFORE, the Parties, acting herein by and through their duly authorized
representatives, enter into the following agreement:
1.
AMENDMENTS
Paragraph 2, the Compensation provision of the Agreement, shall be deleted in its entirety
and amended to read as follows:
City shall pay Vendor in accordance with the fee schedule in Exhibit A, including any future
quotes, and in accordance with the provisions of this Agreement. Total payment made under this
non-exclusive Agreement may be an amount up to Nine -Million Dollars and Zero Cents
($9,000,000.00). The Vendor acknowledges that this is a non-exclusive agreement and there is no
guarantee of any specific amount of purchase. Further, Vendor recognizes that the amount stated
above is the total amount of funds available, collectively for any Vendor that enters into an
agreement with the City under the relevant M&C or cooperative agreement and that once the full
amount has been exhausted, whether individually or collectively, funds have therefore been
exhausted under this Agreement as well.
2.
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.
3.
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, or a signature, shall be treated as and shall
have the same effect as anoriginal.
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
ACCEPTED AND AGREED:
CITY OF FORT WORTH:
By: Valerie Washington (May 12, 2025 09:49 CDT)
Name: Valerie Washington
Title: Assistant City Manager
Date:
APPROVAL RECOMMENDED:
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By: Reginald Zeno (May 12, 2025 09:15 CDT)
Name: Reginald Zeno
Title: Chief Financial Officer/Director
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By:
Name: Jannette Goodall
Title: City Secretary
Vendor:
Kirby Smith Mach T';
By:
N e: Tames McDonnell
Title: Governmental Territory Manager
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.
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By: �e
Name: Christopher Ha
Title: Senior Buyer
APPROVED AS TO FORM AND LEGALITY:
Name: Amarna Muhammad
Title: Assistant City Attorney
CONTRACT AUTHORIZATION:
M&C: 23-0450
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
City of Fort Worth, Texas
Mayor and Council Communication
DATE: 06/13/23 M&C FILE NUMBER: M&C 23-0450
LOG NAME: 13P BLANKET COOPERATIVE AUTHORIZATION FLEET ACQUISITIONS ADK
SUBJECT
(ALL) Authorize Purchase Agreements with Multiple Vendors for the Purchase of Fleet Vehicles, Off -Road Vehicles, and Other Motorized
Equipment up to the Amount of Available Funding in Capital Projects Across Multiple Funds Citywide using Multiple Cooperative Contracts and
Interlocal Agreements for Three Years for the Property Management Department
RECOMMENDATION:
It is recommended that the City Council authorize the execution of purchase agreements with multiple vendors for the purchase of fleet vehicles, off
road vehicles, and other motorized equipment up to the amount of available funding in Capital Projects Across Multiple Funds Citywide using
multiple cooperative contracts and interlocal agreements for three years for the Property Management Department.
DISCUSSION:
The Property Management Department's Fleet Acquisitions Division is currently in the process of fulfilling a multi -year backlog of City vehicle and
equipment purchases. The biggest challenge in trying to overcome this backlog is the availability of vendors, inventory, and the time it takes for the
City to make purchases when vehicles are available. Currently, the City has a backlog of eight (8) years totaling more than $30 million dollars.
The City currently has contracts with the following vendors using cooperative contracts:
VENDOR
�Siddons Martin Emergency Group, LLC
�Siddons Martin Emergency Group, LLC
�JIIouston Holdings, LLC
�Versalift
Lake Country Chevrolet
North Texas Trailers, LLC
Silsbee Ford
Associated Supply Company (ASCO)
Rogue Jet Boatworks, Inc.
Lenco Industries, Inc.
Polaris Sales, Inc.
Nationwide Trailers, LLC
�Crafco, Inc.
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Houston -Galveston Area Council (HGAC)
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The Interlocal Purchasing System (TIPS)
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TIPS
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General Services Administration (GSA)
HGAC
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However, due to limited inventory and availability, additional vendors and options are needed. Fleet Acquisitions has already identified twenty-nine
additional vendors that are available through cooperatives.
Approval of this Mayor & Council Communication (M&C) authorizes the City to execute contracts with any vendor that is currently listed on any valid
cooperative that has one or more vehicles or pieces of equipment that is a current need for the City's fleet. This authorization would also include
purchases made using Interlocal Agreements with other governmental entities.
Fleet Acquisitions recently partnered with the Purchasing Division in an effort to better ensure that the City is able to purchase needed items as
quickly and efficiently as possible. The Fleet team meets regularly with key personnel to ensure that specifications are appropriate for the City's
fleet, costs are reasonable and acceptable, and that departments are receiving items that meet their business needs.
COOPERATIVE PURCHASE and INTERLOCAL AGREEMENTS - State law provides that a local government purchasing an item under a
cooperative purchasing agreement or interlocal agreement satisfies state laws requiring that the local government seek competitive bids for
purchase of the item.
AGREEMENT TERMS - Upon City Council approval of this M&C, the City will have authority to enter into one-time purchase agreements or annual
agreements with available vendors for up to three years from the date of approval. At the expiration of three years from the date of approval, the
City will seek additional authorization for any necessary contracts at that time.
BUSINESS EQUITY - an M/WBE goal is not assigned when purchasing from an approved purchasing cooperative or other public entity.
FUNDING - Currently, there is $42,593,019.00 in the City's budget in capital projects across multiple funds citywide for the purpose of funding fleet
acquisitions. Prior to each purchase agreement or contract being executed, staff will confirm that funding is available for that purchase and is
appropriated for that purpose. All existing contracts shall be amended or terminated to release encumbered funds to ensure that the City is able to
make purchases with the vendors that have needed items available for purchase on a rolling basis. No guarantee has been or will be made to any
vendor regarding minimum purchases.
FISCAL INFORMATION / CERTIFICATION:
The Director of Finance certifies that funds are available in the current capital budgets, as previously appropriated, in the Vehicle and
Equip Replacement Fund, W&S Capital Projects Fund, Stormwater Capital Projects Fund, Municipal Airport Capital Proj Fund, Solid Waste
Capital Projects Fund, CCPD Capital Projects Fund, ITS Capital Fund, Fleet Capital Projects Fund, Environmental Prot Cap Proj Fund, Tax Note
2019 Fund and Tax Note 2020 Fund to support the approval of the above recommendation for the purchase of vehicles and equipment. Prior to
any expenditures being incurred, the Property Management Department has the responsibility to validate the availability of funds.
Submitted for Citv Manaaer's Office bv: Reginald Zeno 8517
Dana Burghdoff 8018
Oriainatina Business Unit Head: Reginald Zeno 8517
Steve Cooke 5134
Additional Information Contact: Jo Ann Gunn 8525
Ashley Kadva 2047