HomeMy WebLinkAboutContract 52260 i s CITY SECRETA T
RECEIVED CONTRACT NO. 5;.Q l0 0
MAY —7 2019 PURCHASE AGREEMENT BETWEEN
CITY OF FORT WORTH PRIEFERT MFG.CO.,INC.
CITY SECRETARY AND THE CITY OF FORT WORTH
This Purchase Agreement("Agreement") is entered into by and between the City of Fort
Worth ("City"), a home-rule municipal corporation of the State of Texas, acting by and through
Susan Alanis, its duly authorized Assistant City Manager,and Priefert Mfg. Co.,Inc. ("Vendor"),
acting by and through Eddie Priefert, its duly authorized President. City and Vendor, each
individually referred to as a"Party"and collectively referred to as the"Parties".
AGREEMENT DOCUMENTS:
The Agreement documents include the following:
1. The body of this Purchase Agreement;
2. Exhibit A—Vendor's Quote("Quote"); and
3. Exhibit B—Verification of Signature Authority Form.
Exhibits A and B, which are attached hereto and incorporated herein, are made a part of this
Agreement for all purposes. In the event of any conflict between the terms and conditions of
Exhibits A,B or C and the terms and conditions set forth in the body of this Agreement,the terms
and conditions of this Agreement control.
1. Purchase Price.
1.1 City and Vendor acknowledge that the Quote has been reviewed and agreed upon
by the City and Vendor as the basis for executing this Agreement. City agrees to
pay Vendor and Vendor agrees to provide all of the Goods set forth in the Quote
("Goods") to City in accordance with the Quote and the terms of this Agreement.
In no event will City pay more than Thirty-Seven Thousand Two Hundred Thirty-
Two Dollars and Sixty-Four Cents ($37,232.64) for the Goods set forth in the
Quote.
1.2 The price to be paid by City for the Goods must be the same or less than the price
contained in the Quote, which Vendor warrants to be consistent with Vendor's
current prices on orders by Vendor's similarly situated customers for products of
the kind and specification covered by this Agreement for similar quantities under
like conditions and methods of purchase. In the event Vendor breaches this
warranty, the price of the Goods will be reduced to match the warranted prices
set forth above or, in the alternative upon City's option, City will have the right to
terminate this Agreement without any liability to Vendor for breach or for Vendor's
actual expenses. Such remedies are in addition to and not in lieu of any other
remedies which City may have in law or equity.
1.3 Vendor will not provide any additional items or bill for expenses incurred for City
not specified by this Agreement unless City requests and approves in writing the
additional costs for such Goods. City will not be liable for any additional expenses
of Vendor not specified by this Agreement unless City first approves such expenses
in writing.
1.4 Vendor warrants that no person or selling agency has been employed or retained to
solicit or secure this Agreement upon an agreement or undersstandirg 01
-717_�
Page 1 of 16
commission, percentage, brokerage, or contingent fee, excepting bona fide
employees of bona fide established commercial or selling agency is maintained by
Vendor for the purpose of securing business. If the Vendor breaches or violates of
this warranty, City will have the right, in addition to any other rights arising
pursuant to said purchase(s) to cancel this Agreement without liability and to
deduct from the Agreement price such commission percentage, brokerage or
contingent fee,or otherwise to recover the full amount thereof.
2. Payment.
2.1 Vendor must submit a separate, single invoice, with duplicates available upon
request, on each purchase order or purchase change order after each delivery.
Invoices must indicate the purchase order or purchase change order number.
Invoices must be itemized and transportation charges, if any, must be listed
separately.
2.2 Vendor must mail or deliver said invoices to the City department and address set
forth in the block of the purchase order, purchase change order, or release order
titled "Ship to."
2.3 The City will issue payment to the Vendor within thirty(30)calendar days after the
Vendor's invoice has been issued, which issuance will not occur until the date of
final acceptance.
2.4 Vendor will not include Federal Excise, State, or City Sales Tax in its invoices.
The City will furnish a tax exemption certificate.
3. Orders.
3.1 Acceptance of an order and delivery on the part of the Vendor without an approved
contract number, purchase order number, or release number issued by the City may
result in rejection of the delivery and return of the Goods at the Vendor's cost or
non-payment.
4. Vendor to Package Goods.
4.1 Vendor will package all Goods in accordance with good commercial practice.
Each shipping container must be clearly and permanently marked as follows: (a)
Vendor's name and address: (b) Consignee's name, address, and purchase order or
purchase change order number; (c) Container number and total number of
containers, e.g., box 1 of 4 boxes; and (d) Number of the containers bearing the
packing slip.
4.2 Vendor will bear the cost of packaging unless otherwise provided herein. Goods
must be suitably packed to secure the lowest transportation costs and to conform to
requirements of common carriers and any applicable specifications. City's count or
weight will be final and conclusive on shipments not accompanied by packing lists.
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5. Shipment under Reservation Prohibited.
5.1 Vendor is not authorized to ship the Goods under reservation, and no tender of a
bill of lading will operate as a tender of Goods.
6. Title and Risk of Loss.
6.1 The title and risk of loss of the Goods will not pass to City until City actually
receives and takes possession of the Goods at the point or points of delivery after
inspection and acceptance of the Goods.
7. Delivery Terms and Transportation Charges.
7.1 Freight terms must be F.O.B. Destination, Freight Prepaid and Allowed, unless
delivery terms are specified otherwise in Vendor's proposal or Quote. City agrees
to reimburse Vendor for transportation costs in the amount specified in Vendor's
proposal or Quote or actual costs,whichever is less, if the quoted delivery terms do
not include transportation costs; provided, City will have the right to designate
what method of transportation will be used to ship the Goods.
7.2 Time is of the essence for this Agreement. Therefore,the Goods must be delivered
to City on or before the earlier of- (i) the delivery date set forth in the Quote or
d e j sr ,2019.
8. Place of Delivery.
8.1 The place of delivery must be set forth in the "Ship to" block of the purchase order,
purchase change order,or release order.
9. Right of Inspection and Acceptance of Goods.
9.1 City will have the right to inspect the Goods upon delivery before accepting them.
Vendor will be responsible for all charges for the return to Vendor of any Goods
rejected as being nonconforming under the specifications.
9.2 Notwithstanding anything to the contrary, however, final acceptance of the Goods
will be deemed to occur upon delivery and receipt of undamaged Goods
conforming to the manufacturer's published specifications.
10. Warranties.
10.1 Vendor will not limit or exclude any express or implied warranties and any attempt
to do so will render this Agreement voidable at the option of City. Vendor
warrants that the Goods furnished will conform to the manufacturer's
specifications, drawings, and descriptions, and the sample(s) furnished by Vendor,
if any. In the event of a conflict between Vendor's and City's specifications,
drawings,and descriptions,the City's specifications will govern.
10.2 Vendor warrants that the Goods sold to City will conform to the standards
promulgated by the U.S. Department of Labor under the Occupational Safety and
Health Act (OSHA) of 1970, as amended. In the event the Goods do not conform
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to OSHA standards, City may return the product for correction or replacement at
Vendor's expense. In the event Vendor fails to make appropriate correction within
a reasonable time, any correction made by City will be at Vendor's expense.
Where no correction is or can be made, Vendor will refund all monies received for
such Goods within thirty (30) calendar days after request in writing is made
therefore. Failure to do so will constitute breach and cause this Agreement to
terminate immediately.
10.3 The Vendor warrants that all Goods, or any part thereof, furnished
hereunder do not infringe upon or violate any patent,copyrights,trademarks,
service marks, trade secrets, or any intellectual property rights or other
third party proprietary rights.
11. Termination.
11.1 Termination for Convenience. This Agreement may be terminated for convenience
by City, subject to written notice submitted at least twenty (20) calendar days
before termination.
11.1.1 Vendor will have a continuing obligation to provide City with the Goods
that are the subject of this Agreement up to the effective date of
termination. City will pay Vendor for any Goods that have been
delivered and accepted by City up to the effective date of termination.
After the effective date of termination,the Vendor will be relieved of any
obligation to deliver any remaining Goods under this Agreement.
11.2 Termination for Cause. If either party to this Agreement willfully or negligently
fails to fulfill, in a timely and proper manner, or otherwise violates, any of the
covenants, agreements, or stipulations material to this Agreement, the other party
will thereupon have the right to terminate this Agreement by giving written notice
to the defaulting party of its intent to terminate, specifying the grounds for
termination. The defaulting party will have thirty (30) days after receipt of the
notice to cure the default ("Cure Period"). If the default is not cured during the
Cure Period, then this Agreement will terminate. Termination of this Agreement
under this provision will not relieve the party in default of any liability for damages
resulting from a breach or a violation of the terms of this Agreement.
11.3 Non-appropriation of Funds. In the event no funds or insufficient funds are
appropriated by City in any fiscal period for any payments due hereunder,City will
notify Vendor of such occurrence and this Agreement will terminate on the last day
of the fiscal period for which appropriations were received without penalty or
expense to City of any kind whatsoever, except as to the portions of the payments
herein agreed upon for which funds have been appropriated.
12. Health,Safety,and Environmental Requirements
12.1 All of the Goods provided by the Vendor must meet or exceed all applicable
health, safety, and the environmental laws, requirements, and standards. In
addition, Vendor agrees to obtain and pay, at its own expense, for all licenses,
permits, certificates, and inspections necessary to provide the Goods hereunder.
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City will have the right to immediately terminate this Agreement for violations of
this provision byVendor.
12.2 Goods must be suitably packed to secure the lowest transportation costs and to
conform to requirements of common carriers and any applicable specifications.
City's count or weight will be final and conclusive on shipments not accompanied
by packing lists.
13. Disclosure of Conflicts and Confidential Information.
13.1 Disclosure of Conflicts. Vendor hereby warrants to City that Vendor has made full
disclosure in writing of any existing or potential conflicts of interest related to
Vendor's performance under this Agreement. In the event that any conflicts of
interest arise after the Effective Date of this Agreement, Vendor hereby agrees
immediately to make full disclosure to City in writing.
13.2 Confidential Information. Vendor, for itself and its officers, agents and employees,
agrees that it will treat all information provided to it by City ("City Information')
as confidential and will not disclose any such information to a third party without
the prior written approval of City.
13.3 Unauthorized Access. Vendor will store and maintain City Information in a secure
manner and will not allow unauthorized users to access, modify, delete or
otherwise corrupt City Information in any way. Vendor must notify City
immediately if the security or integrity of any City Information has been
compromised or is believed to have been compromised, in which event, Vendor
will, in good faith, use all commercially reasonable efforts to cooperate with City
in identifying what information has been accessed by unauthorized means and will
fully cooperate with City to protect such City Information from further
unauthorized disclosure.
14. RiEht to Audit.
14.1 Vendor agrees that City will, until the expiration of three (3) years after final
payment under this Agreement, or the final conclusion of any audit commenced
during the said three years, have access to and the right to examine at reasonable
times any directly pertinent books, documents, papers and records, including, but
not limited to, all electronic records, of Vendor involving transactions relating to
this Agreement at no additional cost to City. Vendor agrees that City will have
access during normal working hours to all necessary Vendor facilities and will be
provided adequate and appropriate work space in order to conduct audits in
compliance with the provisions of this section. City will give Vendor reasonable
advance notice of intended audits.
14.2 In the event Vendor has received access to City Information or data as a
requirement to performance hereunder, Vendor must return all City provided data
to City in a machine readable format or other format deemed acceptable to City
upon the expiration or termination of this Agreement.
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15. Independent Contractor.
15.1 It is expressly understood and agreed that Vendor will operate as an independent
contractor as to all rights and privileges and work performed under this Agreement,
and not as agent, representative, or employee of City. Subject to and in accordance
with the conditions and provisions of this Agreement, Vendor will have the
exclusive right to control the details of its operations and activities and be solely
responsible for the acts and omissions of its officers, agents, servants, employees,
consultants, and subcontractors. Vendor acknowledges that the doctrine of
respondeat superior does not apply as between City, its officers, agents, servants,
and employees, and Vendor, its officers, agents, employees, servants, vendors, and
subcontractors.
15.2 Vendor further agrees that nothing herein will be construed as the creation of a
partnership or joint enterprise between City and Vendor. It is further understood
that City will in no way be considered a Co-employer or a Joint employer of
Vendor or any officers, agents, servants, employees, or subcontractor of Vendor.
Neither Vendor, nor any officers, agents, servants, employees, or subcontractor of
Vendor will be entitled to any employment benefits from City. Vendor will be
responsible and liable for any and all payment and reporting of taxes on behalf of
itself, and any of its officers, agents, servants,employees or subcontractor.
16. Liability and Indemnification.
16.1 LIABILITY - VENDOR WILL BE LIABLE AND RESPONSIBLE FOR ANY
AND ALL PROPERTY LOSS, PROPERTY DAMAGE, AND PERSONAL
INJURY, INCLUDING, BUT NOT LIMITED TO, DEATH, TO ANYAND ALL
PERSONS, OF ANY KIND OR CHARACTER, WHETHER REAL OR
ASSERTED, TO THE EXTENT CAUSED BY THE ACT(S) OR OMISSION(S)
OF VENDOR, ITS OFFICERS,AGENTS, SERVANTS, REPRESENTATIVES,
AND EMPLOYEES.
16.2 INDEMNIFICATION - VENDOR COVENANTS AND AGREES TO
INDEMNIFY, HOLD HARMLESS, AND DEFEND, AT ITS OWN
EXPENSE, CITY AND ITS OFFICERS, REPRESENTATIVES, AGENTS,
AND EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS,
LAWSUITS, JUDGMENTS, ACTIONS, CAUSES OF ACTION, LIENS,
LOSSES, EXPENSES, COSTS, FEES (INCLUDING, BUT NOT LIMITED
TO, ATTORNEY'S FEES AND COSTS OF DEFENSE), PROCEEDINGS,
DEMANDS, DAMAGES, LIABILITIES, AND SUITS OF ANY KIND OR
NATURE,INCLUDING,BUT NOT LIMITED TO,THOSE FOR PROPERTY
LOSS (INCLUDING, BUT NOT LIMITED TO, WORKERS'
COMPENSATION ACT LIABILITY, AND PROPERTY DAMAGE) AND
PERSONAL INJURY (INCLUDING, BUT NOT LIMITED TO, DEATH) TO
ANY AND ALL PERSONS, OR OTHER HARM FOR WHICH RECOVERY
OF DAMAGES IS SOUGHT, OF WHATSOEVER KIND OR CHARACTER,
WHETHER REAL OR ASSERTED, ARISING OUT OF OR RESULTING
FROM THE NEGLIGENT ACT, ERROR, OR OMMISSION OF THE
VENDOR AND ITS RESPECTIVE OFFICERS, AGENTS, EMPLOYEES,
DIRECTORS, MEMBERS, PARTNERS, AND REPRESENTATIVES IN
CONNECTION WITH THE EXECUTION, PERFORMANCE, ATTEMPTED
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PERFORMANCE, OR NONPERFORMANCE OF THIS AGREEMENT,
EXCEPT TO THE EXTENT THAT THE SAME RESULT FROM THE SOLE
NEGLIGENCE OR WILLFUL MISCONDUCT OF THE CITY.
17. Assignment and Subcontracting.
17.1 Assi nment. Vendor will not assign or subcontract any of its duties, obligations or
rights under this Agreement without the prior written consent of City. If City grants
consent to an assignment, the assignee must execute a written agreement with City
and Vendor under which the assignee agrees to be bound by the duties and
obligations of Vendor under this Agreement. Vendor and Assignee will be jointly
liable for all obligations of Vendor under this Agreement prior to the effective date
of the assignment.
17.2 Subcontract. If City grants consent to a subcontract, sub Vendor must execute a
written agreement with Vendor referencing this Agreement under which sub
Vendor must agree to be bound by the duties and obligations of Vendor under this
Agreement as such duties and obligations may apply. Vendor will provide City
with a fully executed copy of any such subcontract.
18. Insurance.
18.1 Vendor must provide City with certificate(s) of insurance documenting policies of
the following types and minimum coverage limits that are to be in effect prior to
commencement of any work pursuant to this Agreement:
18.1.1 Coverage and Limits
(a) Commercial General Liability:
$1,000,000- Each Occurrence
$2,000,000- Aggregate
18.1.2 General Requirements
(a) The commercial general liability policies must name City as an
additional insured thereon, as its interests may appear.The term
City msut include its employees, officers, officials, agents, and
volunteers in respect to the contracted Goods.
(c) A minimum of Thirty (30) days' notice of cancellation or
reduction in limits of coverage must be provided to City. Ten
(10)days' notice will be acceptable in the event of non-payment
of premium.Notice must be sent to the Risk Manager, City of
Fort Worth, 200 Texas Street, Fort Worth, Texas 76102, with
copies to the Fort Worth City Attorney at the same address.
(d) The insurers for all policies must be licensed and approved to do
business in the State of Texas.All insurers must have a
minimum rating of A- VII in the current A.M. Best Key Rating
Guide, or have reasonably equivalent financial strength and
Page 7 of 16
solvency to the satisfaction of Risk Management. If the rating is
below that required, written approval of Risk Management is
required.
(e) Any failure on the part of City to request required insurance
documentation will not constitute a waiver of the insurance
requirement.
(f) Certificates of Insurance evidencing that Vendor has obtained all
required insurance must be delivered to the City prior to Vendor
proceeding with any work pursuant to this Agreement.
19. Prohibit Against Personal Interest in Contracts.
19.1 No officer or employee of City can have a financial interest, direct or indirect, in
any contract with City or be financially interested, directly or indirectly, in the
sale to City of any land, materials, supplies or services, except on behalf of City
as an officer or employee. Any willful violation of this section constitutes
malfeasance in office, and any officer or employee found guilty thereof must
forfeit his/her office or position. Any violation of this section with the
knowledge, expressed or implied, of the person or corporation contracting with the
City Council may render this contract voidable by the City Manager or the
City Council. (Chapter XXVII, Section 16,City of Fort Worth Charter).
20. No Waiver.
20.1 The failure of City or Vendor to insist upon the performance of any term or
provision of this Agreement or to exercise any right granted herein will not
constitute a waiver of City's or Vendor's respective right to insist upon appropriate
performance or to assert any such right on any future occasion.
21. Amendments/Modifications/Extensions.
21.1 No amendment, modification, or extension of this Agreement will be binding upon
a party hereto unless set forth in a written instrument, which is executed by an
authorized representative of each party.
22. Governing Law and Venue.
22.1 This Agreement will be construed in accordance with the laws of the State of
Texas. If any action, whether real or asserted, at law or in equity, is brought
pursuant to this Agreement, venue for such action will lie in state courts located in
Tarrant County, Texas or the United States District Court for the Northern District
of Texas, Fort Worth Division.
23. Severability.
23.1 If any provision of this Agreement is held to be invalid, illegal or unenforceable,
the validity, legality and enforceability of the remaining provisions will not in any
way be affected or impaired.
24. Notices.
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24.1 Notices required pursuant to the provisions of this Agreement will be conclusively
determined to have been delivered when (1) hand-delivered to the other party, its
agents, employees, servants or representatives, (2) delivered by facsimile with
electronic confirmation of the transmission, or (3) received by the other party by
United States Mail, registered,return receipt requested,addressed as follows:
To CITY: To�VENDOR:
City of Fort:'yoh �"iP:e�2 ,�FCi ,1✓G /,+
Attni Assistant City Manager 4.1 Sw,�nt`s Title Zvs:JrS��s✓�
200 Texas Street 2 630 Sou /$IV e
Fort Worth, TX 76102-6314
Facsimile: (817)392-8654 Facsimile: yp�-_572—2 7gg
With copy to Fort Worth City Attorney's
Office at same address
25. Authority.
25.1 The undersigned officers and/or agents are properly authorized to execute this
Agreement on behalf of the Parties hereto and each party hereby certifies to the
other that any necessary actions extending such authority have been duly passed
and are now in full force and effect.
26. Non-Discrimination Covenant.
26.1 Vendor, for itself, its personal representatives, assigns, subcontractors and
successors in interest, as part of the consideration herein, agrees that in the
performance of Vendor's duties and obligations hereunder, it will not discriminate
in the treatment or employment of any individual or group of individuals on any
basis prohibited by law. IF ANY CLAIM ARISES FROM AN ALLEGED
VIOLATION OF THIS NON-DISCRIMINATION COVENANT BY
VENDOR, ITS PERSONAL REPRESENTATIVES, ASSIGNS,
SUBCONTRACTORS OR SUCCESSORS IN INTEREST, VENDOR
AGREES TO ASSUME SUCH LIABILITY AND TO INDEMNIFY AND
DEFEND CITY AND HOLD CITY HARMLESS FROM SUCH CLAIM.
27. Compliance with Laws.
27.1 Vendor agrees that, in the performance of its obligations hereunder, it will comply
with all applicable federal, state, and local laws, ordinances, rules, and regulations
and that any Goods it produces in connection with this Agreement will also comply
with the same. If City notifies Vendor of any violation of such laws, ordinances,
rules, or regulations,Vendor will immediately desist from and correct the violation.
28. Governmental Powers.
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28.1 It is understood and agreed that, by execution of this Agreement, City does not
waive or surrender any of its governmental powers or immunities.
29. Force Maieure.
29.1 City and Vendor will exercise their best efforts to meet their respective duties and
obligations as set forth in this Agreement, but will not be held liable for any delay
or omission in performance due to force majeure or other causes beyond their
reasonable control, including, but not limited to, compliance with any government
law, ordinance, or regulation, acts of God, acts of the public enemy, fires, strikes,
lockouts, natural disasters, wars, riots, material or labor restrictions by any
governmental authority,transportation problems or any other similar causes.
30. Headings not Controlling.
30.1 Headings and titles used in this Agreement are for reference purposes only,will not
be deemed a part of this Agreement, and are not intended to define or limit the
scope of any provision of this Agreement.
31. Review of Counsel.
31.1 The Parties acknowledge that each Party and its counsel have reviewed and revised
this Agreement and that the normal rules of construction to the effect that any
ambiguities are to be resolved against the drafting party will not be employed in the
interpretation of this Agreement or Exhibits A and B.
32. Counterparts.
32.1 This Agreement may be executed in one or more counterparts and each counterpart
will, for all purposes, be deemed an original, but all such counterparts will together
constitute one and the same instrument.
33. Immigration and Nationality Act.
33.1 Vendor must verify the identity and employment eligibility of its employees who
perform work under this Agreement, including completing the Employment
Eligibility Verification Form (I-9). Upon request by City, Vendor will provide
City with copies of all I-9 forms and supporting eligibility documentation for each
employee who performs work under this Agreement. Vendor must adhere to all
Federal and State laws as well as establish appropriate procedures and controls so
that no services will be performed by any Vendor employee who is not legally
eligible to perform such services. VENDOR WILL INDEMNIFY AND HOLD
HARMLESS CITY FROM ANY PENALTIES, LIABILITIES, OR LOSSES
DUE TO VIOLATIONS OF THIS PARAGRAPH BY VENDOR,VENDOR'S
EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. City,
upon written notice to Vendor, will have the right to immediately terminate this
Agreement for violations of this provision by Vendor.
34. Signature Authority.
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34.1 The person signing this Agreement hereby warrants that he/she has the legal
authority to execute this Agreement on behalf of the respective party, and that such
binding authority has been granted by proper order, resolution, ordinance or other
authorization of the entity. This Agreement and any amendment hereto, may be
executed by any authorized representative of Vendor whose name, title, and
signature is affixed on the Verification of Signature Authority Form, which is
attached hereto as Exhibit `B". Each party is fully entitled to rely on these
warranties and representations in entering into this Agreement or any amendment
hereto.
35. Chanee in Company Name or Ownership.
35.1 Vendor must notify City's Purchasing Manager, in writing, of a company name,
ownership, or address change for the purpose of maintaining updated City records.
The president of Vendor or authorized official must sign the letter. A letter
indicating changes in a company name or ownership must be accompanied with
supporting legal documentation such as an updated W-9, documents filed with the
state indicating such change, copy of the board of director's resolution approving
the action, or an executed merger or acquisition agreement. Failure to provide the
specified documentation so may adversely impact future invoice payments.
36. Prohibition on Contracting with Companies that Boycott Israel.
36.1 Vendor acknowledges that in accordance with Chapter 2270 of the Texas
Government Code, the City is prohibited from entering into a contract with a
company for Goods or services unless the contract contains a written verification
from the company that it: (1)does not boycott Israel; and(2)will not boycott Israel
during the term of the contract. The terms "boycott Israel" and "company" will
have the meanings ascribed to those terms in Section 808.001 of the Texas
Government Code. By signing this contract, Vendor certifies that Vendor's
signature provides written verification to the City that Vendor: (1)does not boycott
Israel; and(2)will not boycott Israel during the term of the contract.
37. Entirety of Agreement.
37.1 This Agreement, including Exhibits A and B, contains the entire understanding and
agreement between City and Vendor, their assigns and successors in interest, as to
the matters contained herein. Any prior or contemporaneous oral or written
agreement is hereby declared null and void to the extent in conflict with any
provision of this Agreement.
(SIGNATURES APPEAR ON THE FOLLOWING PAGE)
Page 11 of 16
IN WIT SS WHE& 'AF,the Parties hereto have executed this Agreement in
multiples this �iay of < ,20 f I
ACCEPTED AND AGREED:
CITY OF FORT WORTH:
CONTRACT COMPLIANCE MANAGER:
By signing I acknowledge that I am the person
responsible for the monitoring and
By: administration of this contract, including
N4m : Susan Alanis ensuring all performance and reporting
Tit Pe: ;Sist nt City Manager requirements.
Date:
By:
APPROVAL RECO E DED: Na e: James Horner
Title: Assistant Director, Public
Events
By: APPROVED AS TO FORM AND
Name: Kirk laughter LEGALITY:
Title: Director,Public Events
ATTEST: By:
Name: Tyler allach
F OR'rp Title: Assistant City Attorney
By: '+C� TRACT AUTHORIZATION:
N e: Va ay rNA(Sole Source Purchase)
Title: ecreta
VENDOR:
PRIEFERT MFG.,INC._ ATTEST:
By: �/�
� By:
Name: Eddie Prief Name: �rrs S
Title: President Title:
Date:
OFFICIAL RECORD
CITY SECRETARY
Page 12 of 16 M�, Vlf()RTI'I,�X
EXHIBIT"A"
QUOTE
Pr;effiert' Quotation
,4,Ranch Equip�nenf
2630 South Jefferson Ave•Mount Pleasant,TX 75455
Phone-903-572-1741•Fax-903-572-2798
A-0007715 Number....... QT-126334-8
Sold To:City Of Fort Worth Ship To:City Of Fort Worth
3401 W LANCASTER AVE 3401 W LANCASTER AVE Date. 1/15/2019
Fort Worth,TX 76107-3045 Fort Worth.TX 76107-3045 Page....._.__._ ..........:1 of 3
US us Sales order........... .......
PO Number........ .._.._...:Richard Bass Stalls
Your ref._.......................:Custom length stalls
Our ref............._...._......00270
Quotation deadline_._.....:228/2019
A-0044003 Phone:817-392-5988 Payment........._ _._........:Net 30 Days
8i11 to::Public Events&Facilities(Fort Worth; FOB..................__...........:FOB Origin
3401 W LANCASTER AVE Ship Via...........................:TL
Fort Worth,TX 76107-3045 Total Weight_.......__.._...:334.55
US
Item Number Description QuantityUnit Price Unit Weight Amount
REQUEST SPECIAL REQUEST 2.00 Pc 166.78 Pc 0.00 333,56
Build a Panel like EPSI0PI.38 that is 12"long.Center of pinto center of outer loop.To be Powder coated Blue and have Tan Poly.#1 on Diagram
REQUEST SPECIAL REQUEST 6.00 Pc 331,70 Pc 0,00 1.990,20
Build a Panel like EPS10P1.38 that is 4'1"long.Center of pinto center of outer loop.To be Powder coated Blue and have Tan Poly.#2 on Diagram.
REQUEST SPECIAL REQUEST 6,00 Pc 331.70 Pc 0.00 1,990.20
Build a Panel like EPSIOPI.38 that is 3'9"long.Center of pinto center of outer loop. To be Powder coated Blue and have Tan Poly.#2 on Diagram.
REQUEST SPECIAL REQUEST 2.00 Pc 610,70 Pc 0.00 1,221,40
Build a Front like EFV10PI.38 that is 5'11"long.Center of pinto center of pin.To be Powder coated Blue and have Tan Poly.#3 on Diagram.
REQUEST SPECIAL REQUEST 1,00 Pc 610,70 Pc 0.00 610,70
Build a Front like EFV10PI.38 that is 6'7 12"long-Center of pin to center of pin.To be Powder coated Blue and have Tan Poly.#4 on Diagram.
REQUEST SPECIAL REQUEST 1.00 Pc 610.70 Pc 0,00 610.70
Build a Front like EFVI0PI.38 that is 6 11 12"long.Center of pin to center of pin.To be Powder coated Blue and have Tan Poly.#5 on Diagram.
REQUEST SPECIAL REQUEST 5.00 Pc 675.80 Pc 0.00 3,379.00
Build a Panel like EPSI0PI.38 that is 8'9"long.Center of pin to center of outer loop.To be Powder coated Blue and have Tan Poly.#7 on Diagram.
REQUEST SPECIAL REQUEST 2.00 Pc 675.80 Pc 0.00 1,351.60
Page 13 of 16
Fhwe(ert' Quotation
k Ranch Equlpnant
2630 South Jefferson Ave-Mount Pleasant,TX 75455
Phone-903-572-1741-Fax-903-572-2798
A-0007715 Number.................:QT-126334-8
Sold To:City Of Fort Worth Ship To:City Of Fort Worth
3401 W LANCASTER AVE 3401 W LANCASTER AVE Date.__._..............._._......1/15/2019
Fort Worth.TX76107-3045 Fort Worth,TX 76107-3045 Page_ _........ ___._.__:2 of 3
us US Sales order._......
PO Number ...............:Richard Bass Stalls
Your ref_........................:Custom length stalls
Our ref .......... _.......:00270
A-0044003 Phone:817-392-5988 Quotation deadline.........:228/2019
Payment. .__.....:Net 30 Days
Bill to::Public Events&Facilities(Fort Worth; FOB...................... ._.....:FOB Origin
3401 W LA14CASTER AVE Ship
Fort Worth To
,TX76107-3045 Via ......._.,..........TL
us Total Weightght.._._._..__....:334.55
Item Number Description QuantityUnit Price Unit Weight Amount
Build a Panel like EPSI0PI.38 that is 8'10"long.Center of pinto center of outer loop. To be Powder coated Blue and have Tan Poly.1 is#6 on Diagram.
1 is#7 on Diagram.
REQUEST SPECIAL REQUEST 15,00 Pc 675.80 Pc 0.00 10,137,00
Build a Panel like EPSI0PI.38 that is 9'1"long.Center of pinto center of outer loop. To be Powder coated Blue and have Tan Poly 14 are#7 on Diagram.
1 is New per measurements.
REQUEST SPECIAL REQUEST 6,00 Pc 675.80 Pc 0.00 4,054.80
Build a Panel like EPSIOPI.38 that is 97'long. Center of pinto center of outer loop.To be Powder coated Blue and have Tan Poly.#7 on Diagram.
REQUEST SPECIAL REQUEST 2,00 Pc 675.80 Pc OAO 1,351.60
Build a Panel like EPSI OPI.38 that is 9'5"long. Center of pinto center of outer loop.To be Powder coated Blue and have Tan Poly.New per
measurements.
REQUEST SPECIAL REQUEST 1,00 Pc 675.80 Pc 0.00 675.80
Build a Panel like EPS10P1.38 that is 97'long. Center of pinto center of outer loop.To be Powder coated Blue and have Tan Poly.#6 on Diagram.
REQUEST SPECIAL REQUEST 2.00 Pc 675,80 Pc 0,00 1,351.60
Build a Panel like EPS10P 1.38 that is 9'4"long center of pinto center of pin.Male pins on both ends. To be Powder coated Blue and have Tan Poly.New
per measurements.
REQUEST SPECIAL REQUEST 200 PC 784.30 PC 0.00 1,568.60
Build a Front like EFVI0PI.38 that is 9'long.Center of pinto center of pin. To be Powder coated Blue and have Tan Poly. 1 is#7 A on Diagram 1 is New
per measurements.
REQUEST SPECIAL REQUEST 2.00 Pc 784,30 Pc 0,00 1,568.60
Page 14 of 16
Pr�Rt��iEert� Quotation
2630 South Jefferson Ave•Mount Pleasant,TX 75455
Phone-903-572-1741•Fax-903-572-2798
A-0007715 Number..._........_.-QT-126334-8
Sold To:City Of Fort Worth Ship To:City Of Fort Worth
3401 W LANCASTER AVE 3401 W LANCASTER AVE Date................................:1/15/2019
Fort Worth.TX,76107-3045 Fort Worth,TX 76107-3045 Page_ _.......___._........3 of 3
US US Sales order...,.._.............
PO Number..._._.___......:Richard Bass Stalls
Your ref........._..__.........:Custom length stalls
Our ref............____...... 00270
Quotation deadline ........;228/2019
A-0044003 Phone:817-392-5988 Payment.........._ ..._.....:Net 30Days
Bill to;:Public Events 8 Facilities(Fort Worth; FOB._................_. ........ FOB Origin
3401 W LANCASTER AVE Ship Via...........................:TL
Fort Worth,TX 76107-3045 Total Weight...._...._._.....:334.55
US
Item Number Description QuantitylJnit Price Unit Weight Amount
Build a Front like EFVIOPI.38 that is 9'1"long. Center of pinto center of pin.To be Powder coated Blue and have Tan Poly.New per measurements.
REQUEST SPECIAL REQUEST 1,00 Pc 675.80 Pc 0,00 675.80
Build a Panel like EPSIOPI.38 that is 9'6"long. Center of pinto center of outer loop.To be Powder coated Blue and have Tan Poly.New per
measurements Back of stall#869
REQUEST SPECIAL REQUEST 1,00 Pc 784.30 Pc 0,00 784,30
Build a Front like EFV 10PI.38 that is 9'6"long. Center of pinto center of pin.To be Powder coated Blue and have Tan Poly.New per measurements Front
for stall#869
NSITEM N014STOCK ITEM FOR SALE 1.00 Pc 1.000,00 Pc 0.00 1.000,00
For two men to go verify measurements necessary to ensure correct fit for custom length panels and fronts.
RSWMBFBE RS WALL MOUNT BRCKT FEMALE 150.00 Pc 9.28 Pc 150,00 1.392.00
RSVJMBMBE RS WALL MOUNT BRCKT MALE 22.00 Pc 27.01 Pc 110.00 594.22
ESP32.4BE EXPO STARTER POST 3-WAY 7.00 Pc 27.28 Pc 74.55 190.96
2-318"OD 2014 EXPO STALL
All prices shovm in USD. Sub total 36,83264
Freight. 400.00
Tax 0.00
Total 37.232,64
Page 15 of 16
EXHIBIT `B"
� �/ ,/ �y VERIFICATION OF SIGNATURE AUTHORITY
/"f�PrP.21'' ///4 �, J•,G
Vendor hereby agrees to provide City with independent audit basic financial statements, but also
the fair presentation of the financial statements of individual funds.
Execution of this Signature Verification Form ("Form") hereby certifies that the following
individuals and/or positions have the authority to legally bind Vendor and to execute any
agreement, amendment or change order on behalf of Vendor. Such binding authority has been
granted by proper order, resolution, ordinance or other authorization of Vendor. City is fully
entitled to rely on the warranty and representation set forth in this Form in entering into any
agreement or amendment with Vendor. Vendor will submit an updated Form within ten (10)
business days if there are any changes to the signatory authority. City is entitled to rely on any
current executed Form until it receives a revised Form that has been properly executed by
Vendor.
1. Name: Wle4!1)
Position:
Signature
2. Name:
Position:
Signature
3. Name:
Position:
Signature
Name:
Signature of ident/CEO
Other Title:
Date: y—y 19
Page 16 of 16