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HomeMy WebLinkAboutContract 53786 CITYSECRETARY �aQ�.9 v t� JTRACT NO. 3 U 0 Co G RENTAL AGREEMENT BETWEEN THE CITY OF FORT WORTH AND UNITED RECREATION &MOBILE HOME CENTER, INC.,DOING BUSINESS AS UNITED RV CENTER FOR THE RENTAL OF RECREATIONAL VEHICLES AND RELATED SERVICES FOR ISOLATION EMERGENCY OVERFLOW SHELTER This AGREEMENT is for the rental of travel recreational vehicles("Trailers")and related services that will be used as isolation and quarantine overflow shelter("Agreement") and is made and entered into by and between the CITY OF FORT WORTH, a Texas home rule municipality ("City"), and United Recreation & Mobile Home Center, Inc., dba United RV Center ("Vendor"). City and Vendor are referred to individually as a"Party"and sometimes collectively referred to as the "Parties." RECITALS: 1. WHEREAS,the United States of America, the State of Texas,Tarrant County,and the City of Fort Worth have all declared a state of emergency due to the recent coronavirus pandemic ("COVID-19"); 2. WHEREAS, the Center for Disease Control has issued guidance to help prevent the spread of COVID-19, including social distancing of at least six feet; 3. WHEREAS, due to social distancing requirements, emergency shelters do not have the capacity to house people who are experiencing homelessness; 4. WHEREAS, City is committed to protecting the health, wellbeing, and life safety of City residents who are homeless during times of emergency, such as the COVID-19 pandemic, when community-based emergency shelters have reached full capacity; 5. WHEREAS, City has opened an emergency overflow shelter at the Fort Worth Convention Center ("Shelter") to increase the number of shelter beds available to homeless residents during this emergency; 6. WHEREAS, some people will be symptomatic and need to be isolated or quarantined, so the City has opened an isolation area in the emergency overflow shelter; and 7. WHEREAS, Vendor can provide Trailers to be used as isolation and quarantine facilities for the overflow emergency shelter during the COVID-19 pandemic. NOW THEREFORE, the Parties for the mutual consideration included herein agree to enter into the following Agreement. AGREEMENT DOCUMENTS: The Agreement documents shall include the following: 1. This Agreement for the rental of Trailers for isolation emergency overt] strcitc>s � OFFICIAL RECORD CITY SECRETARY FT WORTH,T 2. Exhibit"A"—Vendor's Services and Charges; 3. Exhibit"B"—Certificate of Insurance 4. Exhibit"C"—FEMA Mandated Contract Clauses Exhibit "A","B", and "C"which are attached hereto and incorporated herein, is made a part of this Agreement for all purposes. In the event of any conflict between the terms and conditions of Exhibit"A", "B", and "C" and the terms and conditions set forth in the body of this Agreement, the terms and conditions of this Agreement shall control. 1. SCOPE OF SERVICES. Vendor shall provide City with Trailers and related services, as more specifically described in the Exhibit A,to be used as isolation emergency overflow shelter. Vendor shall drop off Trailers at locations designated by the City in writing prior to delivery ("shelter") within 24 hours of the request by City for the Trailer. Vendor shall perform sewage and wastewater pumping as agreed upon between City and Vendor based on usage but in no event any less frequently than once every four days for each Trailer rented by City, unless City notifies Vendor in writing that the Trailer has not been occupied within the last 24 hours or does not require pumping services, in which case Vendor is not required to perform pumping services on that Trailer. Vendor shall also provide perimeter fencing to surround the Trailers at each of the Shelter locations,wrap mattresses and other porous surfaces in plastic, provide laundry services, and perform final cleaning and decontamination services when the Trailers are picked up by Vendor. Upon expiration or termination of this Agreement, Vendor shall pick up the Trailers from the Shelter within 72 hours of the request by City, or as otherwise agreed in writing between the Parties. 2. TERM. This Agreement shall begin on March 20, 2020 ("Effective Date") and shall expire immediately at the time the shelter is closed by the City or immediately upon written notice by the City, whichever is earlier. Execution of this Agreement after the Effective Date shall have no bearing on the enforceability of the Agreement. 3. COMPENSATION. 3.1 City shall pay Vendor in accordance with the provisions of this Agreement. Vendor shall not bill for expenses not specified by this Agreement unless City requests and approves in writing the additional costs for such services. City shall not be liable for any additional expenses of Vendor not specified by this Agreement unless City first approves such expenses in writing. 3.2 City will pay a flat, daily rate per Trailer, in accordance with Exhibit "A" of the Agreement (a day is defined as a calendar day for the purposes of this Agreement) that the City is in possession of the Trailer. This amount shall include Vendor's costs in connection with this Agreement for commissioning the Trailer (preparation, travel, and drop off at the shelter), decommissioning(pick up from the shelter and related work),including staff costs, administrative costs,and supply costs. Services provided by Vendor such as sewage pumping,perimeter fencing, cleaning services, and wrapping porous surfaces shall be payable at the amounts Iisted in Exhibit A of this Agreement. City will pay a percentage-based daily rate per trailer to reserve Trailers that may be needed for future isolation needs,as more specifically described in Exhibit A. The amount in this Section 3.2 shall be referred to herein as the "Payment". 3.3 City will pay for forty-eight additional hours following the City's notice to Vendor to pick up a specific trailer or notice of the expiration or termination of this Agreement or through the date certain included in the notice of termination, whichever is longer. If the Trailer was occupied by an individual who was diagnosed as COVID-19 positive, then City shall pay Vendor for twenty-four additional hours (total of seventy-two hours) after providing notice to Vendor to either pick up the Trailer or of the termination or expiration of this Agreement or through the date certain included in the notice of termination,whichever is longer,so long as the Trailer was vacant for at least forty-eight hours prior to the pick-up time. 3A The Vendor will submit all invoices for Payment to the City on a bi-weekly basis. City will pay Vendor within 5 days of receiving a correct and accurate invoice for the rentals. In the event that City has pre-paid for any days or services under this Agreement and the City terminates this Agreement or requests that the Trailer be picked up prior to the prepaid date or to release the reservation on the Trailer, Vendor shall refund the City within thirty days the amount that City pre-paid but did not use the Trailer. By way of example, if City prepaid for a Trailer through the April 15, 2020, but requested on April 9, 2020, that Vendor pick up the Trailer that had not occupied a COVID-19 positive person as of April 10, 2020,then Vendor would refund the City the daily rental rate for each day beginning on April 12,2020, and ending on the last day that was prepaid, April 15, 2020. If the Trailer in the above example had been occupied by an individual who was COVID-19 positive, then the Vendor would refund the City as of April 13 instead of April 12. 3.5 Damages to the Trailers. City shall not be liable for any normal wear and tear damages to the Trailers or for any damages that were made prior to the City's acceptance of the Trailer. In the event the Trailer is damaged beyond that of normal wear and tear, City shall promptly notify Vendor of such damage. If the damage makes the Trailer no longer suitable for its intended purpose,then Vendor shall replace the Trailer with a different Trailer,if available,within twenty-four hours. City will be responsible for any damages to the Trailers while the Trailers are in the City's custody except for damages caused by Vendor or any subcontractor of Vendor or damage that is caused by weather, including wind, hail, rain, tornado; riot or civil unrest; or other similar cause. The City shall not be charged an amount for any damages in excess of the deductible amount included in the Vendor's insurance policy at the time of execution of this Agreement, which is $5,000 per unit. If damages to the trailer will exceed the deductible amount in the Vendor's insurance policy, then Vendor must make a claim on its insurance and City will only be responsible for the payment of the deductible amount. 4. TERMINATION. Written Notice. City may terminate this Agreement at any time and for any reason by providing Vendor with written notice of termination. The termination shall be immediate upon notice or on a date certain, if the City includes a specific date of termination in its written notice. Vendor may terminate this Agreement at any time and for any reason by providing City 60 days' written notice of termination. 4.2 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 shall 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. 4.3 Duties and Obligations of the Parties. In the event that this Agreement is terminated as of a future date certain, City shall pay Vendor for services actually rendered and completed up to the effective date of termination and Vendor shall continue to provide City with services requested by City and in accordance with this Agreement up to the effective date of termination. 5. DISCLOSURE OF CONFLICTS. Vendor hereby represents and warrants to City that Vendor has made full disclosure in writing of any existing or potential conflicts of interest related to Vendor's services under this Agreement. In the event that any conflicts of interest arise after the Effective Date of this Agreement, Vendor hereby agrees to make full disclosure of such conflict of interest to City immediately in writing. 6. RIGHT TO AUDIT. Vendor agrees that City shall, until the expiration of 7 years after final payment under this Agreement, or the final conclusion of any audit commenced during the said 7 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 shall have access during normal working hours to all necessary Vendor facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. City shall give Vendor reasonable advance notice of intended audits. This provision shall survive the expiration or termination of this Agreement. 7. LIABILITY AND INDEMNIFICATION. 7.1 LIABILITY - VENDOR SHALL BE LIABLE AND RESPONSIBLE FOR ANY AND ALL PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, TO THE EXTENT CAUSED BY THE NEGLIGENT ACT(S) OR OMISSION(S), MALFEASANCE OR INTENTIONAL MISCONDUCT OF VENDOR,ITS OFFICERS,AGENTS, SERVANTS OR EMPLOYEES. 7.2 INDEMNIFICATION - VENDOR HEREBY COVENANTS AND AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY (ALSO REFERRED TO AS CITY), ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR LAWSUITS OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, FOR EITHER PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO VENDOR'S BUSINESS, AND ANY RESULTING LOST PROFITS) PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, AND DAMAGES FOR CLAIMS' OF INTELLECTUAL PROPERTY INFRINGEMENT, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT,TO THE EXTENT CAUSED BY THE ACTS OR OMISSIONS OF VENDOR, ITS OFFICERS, AGENTS, SUBCONTRACTORS, SERVANTS OR EMPLOYEES. 7.3 THE VENDOR'S INDEMNIFICATION OBLIGATIONS UNDER THIS PROVISION WILL SURVIVE THE TERMINATION AND/OR EXPIRATION OF THIS AGREEMENT, 8. ASSIGNMENT AND SUBCONTRACTING. 8.1 Assignment, Vendor shall 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 shall 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 shall be jointly liable for all obligations of Vendor under this Agreement prior to the effective date of the assignment. 8.2 Subcontract, If City grants consent to a subcontract, subcontractor shall execute a written agreement with Vendor referencing this Agreement under which subcontractor shall agree to be bound by the duties and obligations of Vendor under this Agreement as such duties and obligations may apply. Vendor shall provide City with a fully executed copy of any such subcontract. City hereby allows Vendor to enter into subcontracts for the purpose of providing perimeter fencing around the Trailers, laundry services, final cleaning services, and for sewage and refuse pumping. 10. INSURANCE. Vendor shall maintain at all times during the term of this Agreement the types and amounts of insurance that are included in the certificate of insurance in Exhibit B. 10.1 General Requirements (a) The commercial general liability and automobile liability policies shalt name City as an additional insured thereon,as its interests may appear. The term City shall include its employees, officers, officials, agents, and volunteers in respect to the contracted services. (b) The workers' compensation policy shall include a INTaiver of Subrogation (Right of Recovery)in favor of City. (c) A minimum of 30 days' notice of cancellation or reduction in limits of coverage shall be provided to City. Ten days' notice shall be acceptable in the event of non-payment of premium. Notice shall be sent to City as provided in the Notice section of this Agreement. (d) The insurers for all policies must be licensed and/or 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 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 shall not constitute a waiver of the insurance requirement. (f) Certificates of Insurance evidencing that Vendor has obtained all required insurance shall be delivered to the City prior to Vendor proceeding with any work pursuant to this Agreement. 11. COMPLIANCE WITH LAWS, ORDINANCES, RULES AND REGULATIONS. Vendor agrees that in the performance of its obligations hereunder,it shall comply with all applicable federal, state and local laws, ordinances, rules and regulations and that any work it produces in connection with this Agreement will also comply with all applicable federal, state and local laws, ordinances,rules and regulations. If City notifies Vendor of any violation of such laws, ordinances, rules or regulations, Vendor shall immediately desist from and correct the violation. 12. NON-DISCRIMINATION COVENANT. Vendor, for itself, its personal representatives, assigns, sub vendors and successors in interest, as part of the consideration herein, agrees that in the performance of Vendor's duties and obligations hereunder, it shall 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 Or THIS NON-DISCRIMINATION COVENANT BY VENDOR, ITS PERSONAL REPRESENTATIVES, ASSIGNS, SUB VENDORS OR SUCCESSORS IN INTEREST, VENDOR AGREES TO ASSUME SUCH LIABILITY AND TO INDEMNIFY AND DEFEND CITY AND HOLD CITY HARMLESS FROM SUCH CLAIM. This section shall survive the expiration or termination of this Agreement. 13. NOTICES. Notices required pursuant to the provisions of this Agreement shall 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 by email with read receipt requested, or (3) received by the other Party by United States Mail,registered,return receipt requested, addressed as follows: To City: To Vendor: Property Management Department 900 Monroe Street, Suite 400 United RV Center Fort Worth,TX 76102-6314 Attn: Phil Bertram Attn: Roger Venables 5100 Airport Freeway Facsimile: (817) 392-7591 Fort Worth,Texas 76117 Roger.venabtesafortworthtexas.ggy Facsimile: (817)-834-7145 Phil@unitedrv.coni City Attorney's Office 200 Texas Street Fort Worth,TX 76102-6314 Facsimile: (817) 392-2235 14. WARRANTIES 14.1. PRICE WARRANTY 14,1.1. The price to be paid by City shall be that contained in Vendor's proposals which Vendor warrants to be no higher than Vendor's current prices on orders by others for products and services 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 prices of the items shall be reduced to the prices contained in Vendor's proposals, or in the alternative upon City's option, City shall have the right to cancel this contract without any liability to Vendor for breach or for Vendor's actual expense. Such remedies are in addition to and not in lieu of any other remedies which City may have in law or equity. 14,1.2. Vendor warrants that no person or selling agency has been employed or retained to solicit or secure this contract upon an agreement or understanding for commission, percentage, brokerage or contingent fee, excepting employees of an established commercial or selling agency that is maintained by Vendor for the purpose of securing business. For breach or violation of this warranty, City shall have the right, in addition to any other right or rights arising pursuant to said purchase(s),to cancel this contract without liability and to deduct from the contract price such commission percentage, brokerage or contingent fee, or otherwise to recover the full amount thereof. 14.2 PRODUCT AND SERVICE WARRANTY Vendor shall not limit or exclude any express or implied warranties and any attempt to-do so shall render this contract voidable at the option of City.Vendor warrants that all services performed in connection with this Agreement shall be in accordance with industry standards and shall meet any legal requirements. 14,3. SAFETY WARRANTY Vendor warrants that the product leased to City shall 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 product does not conform 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 shall refund all monies received for such goods within thirty(30) days after request is made by City in writing and received by Vendor. Notice is considered to have been received upon hand delivery, or otherwise in accordance with Section 29.0 of these terms and conditions. Failure to make such refund shall constitute breach and cause this contract to terminate immediately 15. GOVERNMENTAL POWERS It is understood and agreed that by execution of this Agreement, City does not waive or surrender any of its governmental powers or immunities. By execution of this Agreement. 16. NO WAIVER. 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 shall 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. 17. GOVERNING LAW/VENUE. This Agreement shall 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 shall lie in state courts located in Tarrant County,Texas or the United States District Court for the Northern District of Texas,Fort Worth Division, 18. SEVERABILITY. If any provision of this Agreement is held to be invalid, illegal or unenforceable, the validity,legality and enforceability of the remaining provisions shall not in any way be affected or impaired. 19. FORCE MAJEURE. City and Vendor shall exercise their best efforts to meet their respective duties and obligations as set forth in this Agreement, but shall 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 and/or any other similar causes. The Parties acknowledge that this Agreement is being entered into during a state of emergency following the COVID-19 pandemic outbreak, The Parties agree that this provision shall not apply to the COVID-19 pandemic outbreak unless a subsequent binding order is issued by an entity with direct jurisdiction over Vendor or City that prohibits the continuation of the services. 20. HEADINGS NOT CONTROLLING. Headings and titles used in this Agreement are for reference purposes only, shall not be deemed a part of this Agreement,and are not intended to define or limit the scope of any provision of this Agreement. 21. REVIEW OF COUNSEL. 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 shall not be employed in the interpretation of this Agreement or Exhibits "A", "B", and"C 22. AMENDMENTS/MODIFICATIONS/EXTENSIONS. No amendment,modification,or extension of this Agreement shall be binding upon a Party hereto unless set forth in a written instrument,which is executed by an authorized representative of each Party. 23. ENTIRETY OF AGREEMENT. I This Agreement, including Exhibits"A","B", and"C"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. 26. IMMIGRATION NATIONALITY ACT. Vendor shall 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 shall provide City with copies of all 1-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Vendor shall 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 SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS 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, shall have the right to immediately terminate this Agreement for violations of this provision by Vendor. 27. CHANGE IN COMPANY NAME OR OWNERSHIP Vendor shall notify City's Assistant City Manager, in writing, of a company name, ownership, or address change for the purpose of maintaining updated city records. The chief executive officer 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. 28. SIGNATURE AUTHORITY. 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. Each Party is fully entitled to rely on these warranties and representations in entering into this Agreement or any amendment hereto. 29. PROHIBITION ON CONTRACTING WITH COMPANIES THAT BOYCOTT ISRAEL If Vendor has fewer than 10 employees or this Agreement is for less than$100,000,this section does not apply. 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" shall 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. 30. CONFIDENTIAL INFORMATION Vendor acknowledges that the City is a governmental entity and is subject to the Texas Public Information Act ("Act"). By executing this agreement, Vendor acknowledges that this agreement will be publicly available on the City's website, and Vendor is therefore waiving any claim of confidentiality, whether based in statute or the common law, to any and all materials contained as part of this agreement including all documents and information referenced herein or attached hereto. [SIGNATURE PAGE TO FOLLOW] IN WITNESS WHEREOF, the Parties hereto have executed this Agreement in multiple originals on the date written below their respective signatures to be effective on the Effective Date. ACCEPTED AND AGREED: CITY OF FORT WORTH: CONTRACT COMPLIANCE MANAGER: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, inchiding ensuring all performance and By. Name: reporting requirements. Title: Assistant City Manager Date: O By: Name: Roger Venables APPROVAL RECOMMENDED: Title: Assistant Director PMD APPROVED AS TO FORM AND LEGALITY: By: J Name: Roger Venables Title: Assistant Director PMD By: Q- ! 4'zL Pz& ame: Jo Ann Pate ATTEST: Title: Assistant City Attorney CONTRACT AUTHORIZATION: M&C: By: ... 1295: Name: Mai . K ser Title: City Secretary !�'��•� S, 4 Vendor: �° ?• f ;AXTTEST: By: Name: illiam H. White,JY By: Title:President Name: I c2�y ,� U-)L p mk� Title: Date: � �� Zt�2U OFFICIAL RECC'44'' CITY SECRETAR FT. WORTH, T'�4' ,.L EXHIBIT"A" Vendor's Services and Charges Travel Trailer Rental Rates and Charges 1. $75 per day(up to 65 trailers) which includes all costs related to travel, delivery, set-up, and removal. 2. $88 per day for additional trailers which includes all costs related to travel, delivery, set- up, and removal 3. Any additional parts and accessary charges will be itemized and included with each invoice with prior approval by City in writing. Other Billed Services 1. Perimeter security fence installation at agreed upon price which will be agreed to in writing. 2. Sewage pumping and disposal fee schedule, if required: a. 3 times a week—$954.00 per trailer for each week b. Emergency service Rate response within 4 hours of call (normal Business Hours) —$318.00 per service per trailer+Additional $300.00 emergency call fee= $618.00 c. Emergency Service Rate response within 4hours of call (After Business Hours)— $318.00 per service per trailer+Additional $420.00 emergency call fee= $738.00 d. Emergency Service Rate response within 4 hours of call(Weekend) - $318.00 per service per trailer+$630.00 emergency call fee=$948.00 This is based on Business Hours lam—5pm,Monday—Friday. Pump Out frequency can be adjusted and agreed upon between City and Vendor. 3. Trailer Preparation special requests: a. Cover mattresses and other porous fabric with plastic for$250 per trailer. 4. Laundry Services: a. Pick-up Charge: $50 per cart b. Processing Rate: $8.00 per lb c. Minimum weight: 10 lbs on all pick-ups d. Frequency: Bi-weekly pickup and delivery schedule (I.e. Monday/Wednesday or Tuesday/Thursday). e. Turn-a-round time is 2 days on all orders. 5. Final Cleaning Service: a. Once the City notifies Vendor that it will no longer use the Trailer Vendor will provide cleaning and decontamination service for$450 per trailer. This service shall only be performed if the Trailer was occupied while in the possession of the City. City shall notify Vendor of any Trailers that were not occupied at the time of pick-up. Trailer Reservations 1. City may reserve additional Trailers that may be needed for fature use as follows: a. Reservation fee shall be$22.00 per day, per Trailer(which is 25%of the rental daily rental rate of$88). b. Each reservation shall be for a default 2-week period, unless terminated earlier. c. In the event a Trailer that was reserved is needed and is put into use, Vendor shall credit any amount pre-paid for the reservation period toward the rental fees for the Trailer. By way of example, if the City has twenty Trailers reserved and had prepaid the reservation fee for the full fourteen days ($6,160) but requests that the Trailers be put into use under this Agreement on day 7 of the reservation,Vendor shall credit City $3,080 towards the rental amount of the Trailers. EXHIBIT C FEMA MANDATED CONTRACT CLAUSES For purposes of the following clauses, the City of Fort Worth is referred to as "City" and "Contractor" shall refer to the other party to this Agreement. If applicable to the work or services being performed by Contractor under the Agreement, the following provisions are adopted and form a part of the Agreement. A. DAMAGES, 2 CFR §200.326 Appendix II to Part 200 (A) (1) All work to be performed under this Agreement shall be timely commenced. A breach of this Agreement by Contractor would cause substantial delay in the completion of the required services affecting the safety and welfare of the public. (2) In the event of Contractor's breach of its performance obligations, City shall have all rights and remedies against Contractor as provided by law. B. TERMINATION RIGHTS,2 CFR §200.326 Appendix II to Part 200 (B) In addition to any termination rights included in the Agreement, City shall have the following termination rights: Termination for Convenience: Whenever the interests of the City so require, City may terminate the parties' Agreement, in whole or in part, for the convenience of the City. City shall give Contractor thirty (30) days prior written notice of termination specifying the portions of the Agreement to be terminated and when such termination will become effective. If only portions of the parties' agreement are terminated, Contractor has the right to withdraw from the parties' Agreement, without adverse action or claims. In the event of a termination for convenience by City, Contractor shall be entitled to payment for all work and services performed by it up to the effective date of such termination. Termination for Cause: The City may, by written notice of default to Contractor, terminate the parties' Agreement, in whole or in part, if the Contractor fails to satisfactorily perform any provisions of the parties' agreement after a period of ten (10) following Contractor's receipt of a Notice of Deficiency provided by City. C. EQUAL EMPLOYMENT OPPORTUNITY CLAUSE (2 CFR §200.326 Appendix II to Part 200 (C)) If applicable to the work and services performed by Contractor under the Agreement, during the performance of the Agreement, Contractor shall comply with the Equal Employment Opportunity Clause(41 CFR 60-1.4(b)): (1) Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive considerations for employment without regard to race, color,religion, sex, or national origin. (3) Contractor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other agreement or understanding, a notice to be provided advising the said labor union or workers' representatives of the Contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (4) Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (5) Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor for purpose of investigation to ascertain compliance with such rules, regulations, and orders. (6) In the event of the Contractor's noncompliance with the nondiscrimination clauses of this Agreement or with any of the said rules, regulations or orders, this Agreement may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further City contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (7) Contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of subparagraphs 1 through 7 in every subcontract or purchase order unless exempted by rules,regulations,or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or contractor. contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions,including sanctions for noncompliance:provided,however,that in the event contractor becomes involved in, or is threatened with, litigation with a subcontractor or contractor as a result of such direction by the administering agency the contractor may request the United States to enter into such litigation to protect the interest of the United States. I I D. DAVIS-BACON ACT AND COPELAND "ANTI-KICKBACK" ACT (2 CFR §200.326 Appendix II to Part 200 (D)) If applicable to the work and services performed by Contractor under the parties' Agreement: (1) Bacon-Davis Act:Applicable to construction or repair of public buildings or public works. See FEMA Public Assistance Program and Policy Guide,Ch.2 (V)(G)(2),page 32 and Ch. (FP 104-009-2/January 2016); (2) Copeland "Anti-Kickback" Act: In contracts subject to the Davis-Bacon Act, Contractor shall comply with the Copeland "Anti-Kickback" Act (40 U.S.C. §3145), as supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that the contractor and subcontractor must be prohibited from inducing,by any means,any person employed in the construction,completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The City must report all suspected or reported violations to the appropriate Federal agency. (a) Contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R.pt. 3 as may be applicable, which are incorporated by reference into this Agreement. (b) Contractor or subcontractor shall insert in any subcontract the clause above and such other clauses as FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The Contractor shall be responsible for the compliance by any subcontractor or lower tier subcontract with all of these contract clauses. (c) A breach of the Agreement clause above may be grounds for termination of the Agreement, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. §5.12. E. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (2 CFR §200.326 Appendix II to Part 200 (E)) (40 U.S.C.3701-3708) Contracts in excess of $100,000 that involve the employment of mechanics or laborers shall comply with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each Contractor and its subcontractors shall compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-halftimes the basic rate of pay for all hours worked in excess of forty hours in such workweek. (1) Violation: Iiability for unpaid wages; Iiquidated damages. In the event of any violation of the clause set forth in this section the Contractor and any subcontractor responsible therefor shall be liable for the unpaid wages, In addition, such Contractor and subcontractor shall be liable to the United States(in the case of work done under contract for the District of Columbia or a territory,to such District or to such territory),for liquidated damages.Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in this section, in the sum of$10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in this section. (2) Withholding for unpaid wages and liquidated damages. The City shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld,from any moneys payable on account of work performed by the Contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act,which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph(2) of this section. (3) The Contractor and subcontractor shall insert in any subcontract the clauses set forth in paragraphs (I)through(4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. F. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT, 2 CFR§200.326 Appendix 11 to Part 200 (F) If applicable to the work and services performed by Contractor under the parties' Agreement and if the Federal award meets the definition of"funding agreement"under 37 CFR§401.2(a) and the City wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental,developmental,or research work under that"funding agreement,"the City must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business." G. CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT (2 CFR§200.326 Appendix II to Part 200 (G)) Contractor shall comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act(42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency(EPA). i Contractor shall include the foregoing requirements in each subcontract exceeding $100,000. H. DEBARMENT AND SUSPENSION (2 CFR §200.326 Appendix II to Part 200 (I)) (1) This Agreement is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such, the Contractor is required to verify that none of the Contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded(defined at 2 C.F.R. § 180.940) or disqualified(defined at 2 C.F.R. § 180.935). (2) The Contractor must comply with 2 C.F.R.pt. 180,subpart C and 2 C.F.R.pt.3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (3) This certification is a material representation of fact relied upon by City.If it is later determined that the Contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to City, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (4) The Contractor agrees to comply with the requirements of 2 C.F.R.pt. 180,subpart C and 2 C.F.R. pt. 3000, subpart C throughout the period of performance. The Contractor further agrees to include a provision requiring such compliance in its lower tier covered transactions. I. BYRD ANTI-LOBBYING AMENDMENT(2 CFR§200.326 Appendix II to Part 200 (j)) Contractor must file with the City the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress,officer or employee of Congress,or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier-to-tier up to the non- Federal award. If not provided with a bid response, Contractor must complete and submit the Certification Regarding Lobbying Form. J. PROCUREMENT OF RECOVERED MATERIALS (2 CFR §200.326 Appendix II to Part 200 (K) and 2 CFR §200.322) (1) In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired. (a) Competitively within a tinieframe providing for compliance with the contract performance schedule; (b) Meeting contract performance requirements; or (c) At a reasonable price. (2) Information about this requirement is available at EPA`s Comprehensive Procurement Guidelines web site, littp://www.epa.gov/cpg/. The list of EPA-designate items is available at littp://���vw.et�a.�rov/cpg/products/htm, K. ACCESS TO RECORDS (1) Contractor agrees to provide City, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representative's access to any books, documents, papers, and records of the Contractor which are directly pertinent to this Agreement for the purposes of making audits, examinations, excerpts, and transcriptions. (2) Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (3) Contractor agrees to provide the FEMA Administrator or his authorized representative's access to construction or other work sites pertaining to the work being completed under the contract. L. SEAL, LOGO AND FLAGS Contractor shall not use the U.S. Department of Homeland Security's seal(s), logos, crests, or reproductions of flags or likenesses of the U.S. Department of Homeland Security's agency officials without specific FEMA preapproval. M. NO OBLIGATION BY FEDERAL GOVERNMENT AND COMPLIANCE WITH LAWS The Federal Government is not a party to this Agreement and is not subject to any obligations or liabilities to City, Contractor, or any other party pertaining to any matter resulting from the contract. City may seek reimbursement for expenses under this Agreement from FEMA and Contractor acknowledges that it must comply with all federal laws,regulations, executive orders, FEMA policies,procedures, and directives. N. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS Contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the Contractor's actions pertaining to this contract. INTEROFFICE MEMO EMERGENCY PURCHASE To: Cynthia B. Garcia, Assistant Finance Director, Financial Management Services Leann Guzman, Senior Assistant City Attorney Jay Chapa, Deputy City Manager From: Steve Cooke, Director, Property Management Department Date: March 23, 2020 Subject: United RV Trailer Rentals—Temporary Quarantine Shelters Covid-19 is an infectious disease caused by severe acute respiratory syndrome coronavirus 2: a strain similar to SARS, The disease was first identified in China and has quickly spread to the rest of the world. Last week the World Health Organization (WHO) declared it a global pandemic. Currently the United States is working to prevent mass infection in the country by passing a 15 day guide that is intended to slow the spread of the virus. As a consequence, there exists a need to ensure the pandemic does not spread in the homeless population of Fort Worth, and a need to provide quarantine shelter for first responders and other essential personnel. To ensure safety and immediate detection of potential infection among the homeless population, the City of Fort Worth created a homeless shelter in the Fort Worth Convention Center. The attached memorandum authorized up to $50,000 to set up ten (10)temporary trailers to quarantine individuals that have tested positive for COVID-19 or require isolation due to severe symptoms as determined by health care providers from JPS or the City Public Health Officer. As the pandemic worsens, JPS health officials have increased their estimate for the number of potential homeless that might need to be quarantined. They estimate up to 150 individuals may need this service, but do not have a good estimate on how many will need to be quarantined at any given time. They have determined that only one person will be allowed in each trailer. Based on this guidance, the original request must be greatly increased. This memorandum requests authority for an additional $200,000.00. Trailers will be ordered in incremental batches to stay ahead of the demand and use. The basic cost for each trailer is$75.00 per day, with additional costs for fencing and ongoing sewer disposal service for trailers at FWCC. This authorization will allow approximately 75 additional trailers for one month, along with associated fencing and recurring sewage disposal service. If things get worse and we don't find better options than the trailers,we will ask for additional authorization in the future. Chapter 2, Article I, Section 2-9 at(9) of the City's Code of Ordinances and Section 252.022 of the Local Government Code exempts from normal bidding requirements expenditures that are necessary to preserve or protect the city's property and the public health or safety of the municipality's residents. APPROVED FOR EMERGENCY PROCUREMENT: Prepared by: _-- .�� Glenn Balog, PMD Assistant Director Recommended: _c�teve Cm,6(approved via e-mail 3/23/2020)_ Steve Cooke, PMD Director Approved As To Form and Legality: � ,gym Jo Ann Pate, Assistant City Attorney II Approved: 49� Cynthia Garcia, Assistant Finance Director Jay Chapa, Deputy City Manager 2