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HomeMy WebLinkAboutContract 62465-A1CSC No. 62465-A1 AMENDMENT NO. 1 TO CITY OF FORT WORTH CONTRACT 62465 This Amendment is entered into by and between the CITY OF FORT WORTH ("City"), and HOLT TEXAS, LTD. ("Vendor"). City and Vendor may be referred to individually as a "Party" and collectively as the "Parties". WHEREAS on December 18, 2024, the City entered into an agreement for the vendor to provide labor and parts to service, repair, maintain, and upgrade the City's Caterpillar equipment for the Property Management Department as described in City Secretary Contract No. 62465 ("Agreement"); WHEREAS, City discovered that our vendor management system registered the Vendor's name as BD Holt Co., in accordance with Vendor's W-9; and WHEREAS, it is the collective desire of both City and Vendor to amend the Agreement to assign payments due under the agreement to BD Holt Co., which ensures the City issues payments under the correct Taxpayer Identification Number. NOW THEREFORE, Fort Worth and Vendor, acting herein through their duly authorized representatives, agree to the following terms: 1. AMENDMENT The Agreement is hereby amended to add Section 34. Section 34 shall read as follows: 34. ASSIGNMENT OF PAYMENTS Although the Agreement is executed between Holt Texas, Ltd., and the City, the City will issue all payments for the goods and services provided through this Agreement to BD Holt Co., as they are the tax entity registered with the Internal Revenue Service (IRS), and in the City's Vendor Management System. BD Holt Co., may not assign its right to payment under this agreement to any other person or entity. 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 Contract Amendment 1 Page 1 of 2 ACCEPTED AND AGREED: CITY OF FORT W TH By: Valerie Washington (Sep 4, 202511:19:29 CDT) Name: Valerie Washington Title: Assistant City Manager Date: 09/04/2025 APPROVAL RECOMMENDED: By: Name: Marilyn Marvin Title: Property Management Director ATTEST: 44�onn gA4t F�Rj�nC d0 0000 oco-O�o, d:o '-�d dv8 0X �i ppp�C*000 000*�d Kam �GCI aa4n �'EXA5o44 �b44644 By: Name: Jannette S. Goodall Title: City Secretary VENDOR: Holt Texas, Ltd. By. Name: Michael Puryear Title: General Counsel Date: 09/03/2025 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. Denise Garcia By: Denise Garcia (Sep 4, 2025 08:58:34 CDT) Name: Denise Garcia Title: Purchasing Manager APPROVED AS TO FORM AND LEGALITY: A 7eiu/C�ityx0tad By: Name: Amarna Muhammad Title: Assistant City Attorney CONTRACT AUTHORIZATION: M&C: 24-0955 M&C Approved: 11/12/24 Form 1295 Certification No.: 2024-1212587 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Contract Amendment 1 Page 2 of 2 M&C Review Page 1 of 2 A CITY COUNCIL AGEND Create New From This M&C DATE: 11/12/2024 REFERENCE NO.. **M&C 24- LOG NAME: 0955 CODE: P TYPE: CONSENT PUBLIC HEARING: Official site of the City of Fort Worth, Texas FORT WORTH 21021-SOLE SOURCE- HOLT TEXAS, LTD. NO SUBJECT: (ALL) Authorize Execution of a Sole Source Agreement with Holt Texas, LTD. to Purchase Original Equipment Manufacturer Caterpillar Parts for the Property Management Department in an Annual Amount Up to $1,080,000.00 and Authorize Four One -Year Renewal Options for the Same Amount I=10101 ,ILy,1=1►117_110101►I It is recommended that the City Council authorize execution of a Sole Source Agreement with Holt Texas, LTD. to purchase Original Equipment Manufacturer Caterpillar parts for the Property Management Department in an annual amount up to $1,080,000.00 and authorize four one-year renewal options for the same amount. 10]6*401*111*]ZI The Property Management Department is seeking authority to enter into an agreement with Holt Texas, LTD. to obtain Original Equipment Manufacturer (OEM) Caterpillar parts from the authorized service facility to repair and maintain approximately 127 Caterpillar heavy equipment units in the City's fleet, of which 32 are under warranty. These parts will ensure the equipment is operational and the 32 units maintain the manufacturer warranty. Holt Texas LTD D/B/A Holt Cat is an authorized sole source distributor for Caterpillar, Inc's heavy equipment, parts and engines for the state of Texas, including Fort Worth, Texas. Holt is the OEM of Caterpillar heavy equipment. No other vendor has the diagnostic software to handle the repairs except Caterpillar. Non -OEM parts would directly influence the performance and reliability of the equipment operation. The City Attorney's Office approved a Chapter 252 exemption request related to this purchase. DVIN-BE: This project was approved for a waiver per the Chapter 252 exemption, as a sole source by the Legal Department. Therefore, the business equity goal requirement is not applicable. 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 Fort Worth City Code and does not require specific City Council approval as long as sufficient funds have been appropriated. AGREEMENT TERMS: Upon City Council approval, this agreement shall begin upon execution and expire one year later. RENEWAL OPTIONS: The agreement may be renewed for four (4) additional one-year periods. This action does not require specific City Council approval provided that the City Council has appropriated sufficient funds to satisfy the City's obligations during the renewal term. The maximum amount allowed under this agreement will be $1,080,000.00 annually. However, the actual amount used will be based on the needs of the department and the available budget. Funding is budgeted in the Fleet Service Outside Repair & Maintenance account in the Fleet & Equipment Services Fund for the Property Management Department. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that funds are available in the current operating budget, as previously appropriated, in the Fleet and Equipment Sery Fund to support the approval of the above http://apps.cfwnet.org/council_packet/mc review.asp?ID=32661&councildate=11/12/2024 11/18/2024 M&C Review Page 2 of 2 recommendation and execution of the agreement. Prior to any expenditure being incurred, the Property Management Department has the responsibility to validate the availability of funds. TO Fund 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 2) Submitted for Citv Manager's Office by Oriainatina Department Head: Additional Information Contact: Dana Burghdoff (8018) Marilyn Marvin (7708) Eliana Guevara (5199) Brad Hunter (6759) ATTACHMENTS 21021-SOLE SOURCE- HOLT TEXAS, LTD..docx (CFW Internal) 21021-SOLE SOURCE- HOLT TEXAS, LTD..XLSX (CFW Internal) Approved Chapter 252 Exemption Form Holt Texas.pdf (CFW Internal) Business Equity Waiver.pdf (CFW Internal) Form 1295 Certificate 101262404 (Ft Worth - Sole Source Itr).pdf (CFW Internal) SAMs Report- HOLT TEXAS, LTD..pdf (CFW Internal) SOS Holt Texas LTD.PNG (CFW Internal) http://apps.cfwnet.org/council_packet/mc review.asp?ID=32661&councildate=11/12/2024 11/18/2024