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HomeMy WebLinkAboutContract 62465-A2CSC No. ____________ Contract Amendment 2 Page 1 of 2 AMENDMENT NO. 2 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 and Vendor entered into City Secretary Contract No. 62465 (“Agreement”); WHEREAS, on September 4, 2025, the parties amended 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; and WHEREAS, it is the collective desire of both the City and Vendor to amend the Agreement to increase the annual spending authority by $95,000.00 for a new annual spending authority up to $1,175,000.00. NOW THEREFORE, Fort Worth and Vendor, acting herein through their duly authorized representatives, agree to the following terms: 1. AMENDMENTS Section 3, the Compensation provision of the Agreement, shall be deleted in its entirety and amended to read as follows: City will pay Vendor in accordance with the provisions of this Agreement, including Exhibit “B,” which is attached hereto and incorporated herein for all purposes. Total annualcompensation under this Agreement will be an amount up to One Million One Hundred Seventy-Five Thousand Dollars and Zero Cents ($1,175,000.00). Vendor will not perform any additional 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 will not be liable for any additional expenses of Vendor not specified by this Agreement unless City first approves such expenses in writing. 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 an original Contract Amendment 2 Page 2 of 2 ACCEPTED AND AGREED: CITY OF FORT WORTH By: ___________________________ Name: Valerie Washington Title: Assistant City Manager Date: ___________________________ APPROVAL RECOMMENDED: By: ______________________________ Name: Marilyn Marvin Title: Property Management Director 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: Denise Garcia Title: Purchasing Manager APPROVED AS TO FORM AND LEGALITY: By: ______________________________ Name: Jessika J. Williams Title: Assistant City Attorney CONTRACT AUTHORIZATION: M&C: 24-0955 M&C Approved:11/12/2024 Form 1295 Certification No.:2024-1212587 VENDOR: Holt Texas, Ltd. By: Name: Michael Puryear Title: General Counsel Date: ____________________________ City of Fort Worth, Mayor and Texas Council Communication DATE: 11/12/24 M8�C FILE NUMBER: M&C 24-0955 LOG NAME: 21021-SOLE SOURCE- HOLT TEXAS, LTD. 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 RECOMMENDATION: 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. DISCUSSION: 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 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. Submitted for City Manager's Office bk Dana Burghdoff 8018 Originating Business Unit Head: Marilyn Marvin 7708 Additional Information Contact: Eliana Guevara 5199 Brad Hunter 6759