HomeMy WebLinkAboutContract 54199 CSC No. 54199
RECEIVED
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Cay of FORT CITY SECREfA�WORTH
CITY OF FORT WORTH
PURCHASE AGREEMENT
This Purchase Agreement ("Agreement") is entered into by and between Texas A&M
Engineering Extension Service("Seller")and the City of Fort Worth,("Buyer"),a Texas home
rule municipal corporation.
The Purchase Agreement includes the following documents which shall be construed in the order
of precedence in which they are listed:
1. This Purchase Agreement;
2. Exhibit A: Teens and Conditions;
3. Exhibit B: Conflict of Interest Questionnaire
4. Exhibit C: Seller Contact Information
5. Exhibit D: Verification of Signature Authority,and
6. Exhibit E: Seller's Proposal
Exhibits A,B,C,and D,which are attached hereto and incorporated herein,are made a part of this
Agreement for all purposes. The Amount of this contract shall not exceed$29,524.40.
The undersigned represents and warrants that he or she has the power and authority to execute this
Agreement and bind the respective Seller. Seller and Buyer have caused this Agreement to be
executed by their duly authorized representatives to be effective as of the date signed below.
Seller Name:Texas A&M Engineering Extension Service
Authorized Signature:
Gil r
Printed Name:R.Chirles Todd
Title:Associate Agency Director/CFO
Date:
z' 2v
City of Fort Worth
Authorized Signature
Printed Name:
Title:
Date:
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OFFICIAL RECORD
CITY SECRETARY
FT. WORTH,TX
Exhibit A
CITY OF FORT WORTH,TEXAS
STANDARD PURCHASING TERMS AND CONDITIONS
1.0 DEFINITION OF BUYER
The City of Fort Worth, its officers, agents,servants,authorized employees, vendors and
subcontractors who act on behalf of various City departments,bodies or agencies.
2.0 DEFINITION OF SELLER
The Vendor(s),consultant,supplier,its officers,agents,servants,employees,vendors and
subcontractors,or other provider of goods and/or services who act on behalf of the entity
under a contract with the City of Fort Worth.
3.0 PUBLIC INFORMATION
Both Parties are government entities under the laws of the State of Texas and all documents
held or maintained by both Parties are subject to disclosure under the Texas Public
Information Act(Texas Government Code,Chapter 552).In the event there is a request for
information marked Confidential or Proprietary to a Party,it shall promptly notify the other
Party. It will be the responsibility of the Party subject to disclosure to submit reasons
objecting to disclosure. A determination on whether such reasons are sufficient will be
decided by the Office of the Attorney General of the State of Texas or by a court of
competent jurisdiction.The Parties agree that nothing contained within this Agreement is
considered proprietary or trade secret information and this agreement may be released in
the event that it is requested.
4.0 PROHIBITION AGAINST PERSONAL INTEREST IN CONTRACTS
No officer or employee of Buyer shall have a financial interest, direct or indirect, in any
contract with Buyer or be financially interested,directly or indirectly, in the sale to Buyer
of any land, materials, supplies or services, except on behalf of Buyer as an officer or
employee.Any willful violation of this section shall constitute malfeasance in office, and
any officer or employee found guilty thereof shall thereby forfeit his office or position
Any violation of this section with the knowledge, expressed or implied, of the person or
corporation contracting with the City Council shall render the contract invalid by the City
Manager or the City Council. (Chapter XXVII, Section 16,City of Fort Worth Charter).
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5.0 ORDERS
5.1 No employees of the Buyer or its officers,agents,servants,vendors or subvendors
who act on behalf of various City departments,bodies or agencies are authorized
to place orders for goods and/or services without providing approved contract
numbers, purchase order numbers, or release numbers issued by the Buyer. The
only exceptions are Purchasing Card orders and emergencies pursuant to Texas
Local Government Code Section 252.022(a)(1), (2), or (3). In the case of
emergencies,the Buyer's Purchasing Division will place such orders.
5.2 Acceptance of an order and delivery on the part of the Seller without an approved
contract number, purchase order number, or release number issued by the Buyer
may result in rejection of delivery,return of goods at the Seller's cost and/or non-
payment.
6.0 SELLER TO PACKAGE GOODS
Seller will package goods in accordance with good commercial practice. Each shipping
container shall be clearly and permanently marked as follows: (a) Seller's naive 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 container bearing the packing slip.Seller shall bear the cost of packaging
unless otherwise provided.Goods shall be suitably packed to secure lowest transportation
costs and to conform to requirements of common carriers and any applicable specifications.
Buyer's count or weight shall be final and conclusive on shipments not accompanied by
packing lists.
7.0 SHIPMENT UNDER RESERVATION PROHIBITED
Seller is not authorized to ship the goods under reservation,and no tender of a bill of lading
will operate as a tender of goods.
8.0 TITLE AND RISK OF LOSS
The title and risk of loss of the goods shall not pass to Buyer until Buyer actually receives
and takes possession of the goods at the point or points of delivery after inspection and
acceptance of the goods.
9.0 DELIVERY TERMS AND TRANSPORTATIOIDT CHARGES
Freight terms shall be F.O.B.Destination,Freight Prepaid and Allowed.
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10.0 PLACE OF DELIVERY
The place of delivery shall be set forth in the "Ship to" block of the purchase order,
purchase change order,or release order.
11.0 RIGHT OF INSPECTION
Buyer shall have the right to inspect the goods upon delivery before accepting them.Seller
shall be responsible for all charges for the return to Seller of any goods rejected as being
nonconforming wider the specifications.
12.0 INVOICES
12.1 Seller shall submit separate invoices in duplicate, on each purchase order or
purchase change order after each delivery. Invoices shall indicate the purchase
order or purchase change order number. Invoices shall be itemized and
transportation charges,if any,shall be listed separately.A copy of the bill of lading
and the freight waybill,when applicable, should be attached to the invoice. Seller
shall mail or deliver invoices to Buyer's Department and address as set forth in the
block of the purchase order,purchase change order or release order entitled "Ship
to." Payment shall not be made until the above instruments have been submitted
after delivery and acceptance of the goods and/or services.
12.2 Seller shall not include Federal Excise,State or City Sales Tax in its invoices.The
Buyer shall furnish a tax exemption certificate upon Seller's request.
12.3 Payment. All payment terms shall be"Net 30 Days"unless otherwise agreed to in
writing. Before the lst payment is due to Seller, Seller shall register for direct
deposit payments prior to providing goods and/or services using the forms posted
on the City's website".
13.0 PRODUCT REPRESENTATIONS
Seller represents that the goods furnished will conform to Buyer's specifications,drawings
and descriptions listed in the proposal invitation, and the sample(s)furnished by Seller, if
any.In the event of a conflict between Buyer's specifications, drawings,and descriptions,
Buyer's specifications shall govern.
14.0 REPRESENTATIONS AGAINST INFRINGEMENT OF INTELLECTUAL
PROPERTY
14.1 The SELLER represents to the best of its knowledge that all Deliverables,or
any part thereof, furnished hereunder, including but not limited to:
documentation, analyses,applications, methods,ways, and processes (in this
Section each individually referred to as a"Deliverable"and collectively as the
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"Deliverables,") 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,in the performance of services under
this Agreement.
14.2 To the extent permitted by the Constitution and laws of the State of Texas and
without waiving sovereign immunity,SELLER shall be liable and responsible
for any and all claims made against the Buyer for infringement of any patent,
copyright, trademark, service mark, trade secret, or other intellectual
property rights by the use of or supplying of any Deliverable(s)in the course
of performance or completion of,or in any way connected with providing the
services,or the Buyer's continued use of the Deliverable(s)hereunder;
114.3 SELLER agrees, to the extent allowable by the Constitution and laws of the
State of Texas,to defend,settle,or pay,at its own cost and expense,any claim
or action against Buyer for infringement of any patent,copyright,trade mark,
trade secret, or similar property right arising from Buyer's use of the
documentation in accordance with this Agreement, it being understood that
this agreement to defend, settle or pay shall not apply if Buyer modifies or
misuses the Deliverable(s).So long as SELLER bears the cost and expense of
payment for claims or actions against Buyer pursuant to this section,SELLER
shall have the right to conduct the defense of any such claim or action and all
negotiations for its settlement or compromise and to settle or compromise any
such claim;however,Buyer shall have the right to fully participate in any and
all such settlement, negotiations, or lawsuit as necessary to protect Buyer's
interest,and Buyer agrees to cooperate with SELLER in doing so.In the event
Buyer, for whatever reason, assumes the responsibility for payment of costs
and expenses for any claim or action brought against Buyer for infringement
arising under this Agreement, Buyer Shall have the sole right to conduct the
defense of any such claim or action and all negotiations for its settlefinent or
corllalrn°omise and to settle or compron fine any such claim; however, SELLER
shall fiidly participate and cooperate with Buyer in defense of such claim or
action. Buyer agrees to give SELLER timely written notice of any such claim
or action, with copies of all papers Buyer may receive re➢anting thereto.
Notwithstanding the foregoing, Buyer's assumption of pmyriiaeut of costs or
expenses shall not eliminate SIM LER's duty to indemnaiify, to the extent
perwit�,-ed by the Constitution and lanes of the State of Texas,Buyer aauder this
Agreepni ent.If the Deliverable(s)or any part thereof is held to infringe.and the
use ttlaereof is enjoined or restrained or, if as a result of a settleuiaeut or
compromise,such, use is materially adversely restricted, SET L LER shall, at its
own expense and as Buyer's sole remedy, either: (a) procure for &!tyer the
right to continue to use the Deliverable(s); or(b)modify the Deliveraable(s) to
make it non-infringing, provided that such modification does not materially
adversely affect Buyer's authorized use of the same; or (c) replace the
Deliverable(s) with equally suitable, compatible, and functionally equivalent
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non-infringing Deliverable(s)at no additional charge to Buyer; or(d) if none
of the foregoing alternatives is reasonably available to SELLER terminate this
Agreement,and refund all amounts paid to SELLER by Buyer,subsequent to
which termination Buyer may seek any and all remedies available to Buyer
under law; and
14.4 The representations, warranties, and covenants of the parties contained in
section 13 through 14 of this Agreement will survive the termination and/or
expiration of this Agreement.
15.0 CANCELLATION
Buyer shall have the right to cancel this contract immediately for default on all or any part
of the undelivered portion of this order if Seller breaches any of the terms hereof. Such
right of cancellation is in addition to and not in lieu of any other remedies, which Buyer
may have in law or equity.
16.0 TERMINATION
16.1 Written Notice. The purchase of goods under this order may be terminated in whole
or in part by Buyer,with or without cause, at any time upon the delivery to Seller
of a written"Notice of Termination"specifying the extent to which the goods to be
purchased under the order is terminated and the date upon which such termination
becomes effective. Such right of termination is in addition to and not in lieu of any
other termination rights of Buyer as set forth herein.
16.2 Non-appropriation of Funds. In the event no funds or insufficient funds are
appropriated by Buyer in any fiscal period for any payments due hereunder,Buyer
will notify Seller 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 Buyer of any kind whatsoever,except as to the portions of the payments
herein agreed upon for which funds have been appropriated.
16.3 Duties and Obligations of the Parties.Upon termination of this Agreement for any
reason, Seller shall only be compensated for items requested by the Buyer and
delivered prior to the effective date of termination,and Buyer shall not be liable for
any other costs, including any claims for lost profits or incidental damages. Seller
shall provide Buyer with copies of all completed or partially completed documents
prepared under this Agreement. In the event Seller has received access to Buyer
Information or data as a requirement to perform services hereunder, Seiler shall
return all Buyer provided data to Buyer in a machine readable format or other
format deemed acceptable to Buyer.
17.0 ASSIGNMENT/DELEGATION
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No interest,obligation or right of Seller,including the right to receive payment,under this
contract shall be assigned or delegated to another entity without the express written consent
of Buyer.Any attempted assignment or delegation of Seller shall be wholly void and totally
ineffective for all purposes unless made in conformity with this paragraph.Prior to Buyer
giving its consent, Seller agrees that Seller shall provide,at no additional cost to Buyer,all
documents, as determined by Buyer, that are reasonable and necessary to verify Seller's
legal status and transfer of rights,interests,or obligations to another entity.The documents
that may be requested include,but are not limited to,Articles of Incorporation and related
amendments,Certificate of Merger,IRS Form W-9 to verify tax identification number,etc.
Buyer reserves the right to withhold all payments to any entity other than Seller, if Seller
is not in compliance with this provision.If Seller fails to provide necessary Information in
accordance with this section, Buyer shall not be liable for any penalties, fees or interest
resulting therefrom.
18.0 WAIVER
The failure of the Buyer or Seller 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
either parry's respective right to insist upon the appropriate performance or to assert any
such right on any future occasion.
19.0 MODIFICATIONS
This contract can be modified or rescinded only by a written agreement signed by both
parties.
20.0 THE AGREEMENT
In the absence of an otherwise negotiated contract, or unless stated otherwise, the
Agreement between Buyer and Seller shall consist of these Standard Terms and Conditions
together with any attachments and exhibits.This Agreement is intended by the parties as a
final expression of their agreement and is intended also as a complete and exclusive
statement of the terms of their agreement.No course of prior dealings between the parties
and no usage of trade shall be relevant to supplement or explain any term used in this
Agreement. Acceptance of or acquiescence in a course of performance under this
Agreement shall not be relevant to determine the meaning of this Agreement even though
the accepting or acquiescing party has knowledge of the performance and opportunity for
objection. In the event of a conflict between the contract documents, the order of
precedence shall be these Standard Terms and Conditions,and the Seller's Quote.
21.0 DISPUTE PRE SOI.UTION
Except in the event of termination pursuant to Section 16, if either party has a claim,
dispute, or other matter in question for breach of duty, obligations, services rendered, or
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any representation that arises under this Agreement,the Parties shall first attempt to resolve
the matter through this dispute resolution process.The dispute resolution process provided
in Chapter 2260, Texas Government Code, and the related rules adopted by the Texas
Attorney General pursuant to Chapter 2260, shall be used by the Buyer and Supplier to
attempt to resolve any claim for breach of contract made by the Buyer that cannot be
resolved in the ordinary course of business. The Buyer shall submit written notice of a
claim of breach of contract under this Chapter to the Deputy Director of Supplier(TEEX),
who shall examine the Buyer's claim and any counterclaim and negotiate with the Buyer
in an effort to resolve the claim.. Notwithstanding the fact that the Parties may be
attempting to resolve a dispute in accordance with this dispute resolution process, the
Parties agree to continue without delay all of their respective duties and obligations under
this Agreement not affected by the dispute.
22.0 APPLICABLE LAW/VENUE
Both parties agree that venue for any litigation arising from this contract shall be in the
County in which the primary office of the chief executive officer of Seller is located.This
contract shall be governed,construed and enforced under the laws of the State of Texas.
23.0 INDEPENDENT CONTRACTOR(S)
Seller shall operate hereunder as an independent contractor and not as an officer, agent,
servant or employee of Buyer. Seller shall have exclusive control of, and the exclusive
right to control, the details of its operations hereunder, and all persons performing same,
and shall be solely responsible for the acts and omissions of its officers,agents,employees,
vendors and subcontractors.Nothing herein shall be construed as creating a partnership or
joint enterprise between Buyer and Seller, its officers, agents, employees, vendors and
subcontractors.
24.0 LIABILITY
Each Party shall be solely responsible for its own actions or inaction and the actions or
failure to act of its respective employees,agents,officers,officials,and contractors.Neither
Party shall be responsible for the actions, willful errors, omissions, negligence,
misfeasance,or malfeasance of the other Party or any employee,agent,officer, official or
contractor of the other Party.
Section 25 shall survive the termination or expiration of this contract.
25.0 SEVERABILITY
In case any one or more of the provisions contained in this agreement shall for any reason,
be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or
unenforceability shall not affect any other provision of this agreement, which agreement
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shall be construed as if such invalid, illegal or unenforceable provision had never been
contained herein.
26.0 FISCAL FUNDING LIMITATION
In the event no funds or insufficient funds are appropriated and budgeted in any fiscal
period for payments due under this contract,then Buyer will immediately notify Seller of
such occurrence and this contract shall be terminated on the last day of the fiscal period for
which funds have been appropriated without penalty or expense to Buyer of any kind
whatsoever,except to the portions of annual payments herein agreed upon for which funds
shall have been appropriated and budgeted or are otherwise available.
27.0 NOTICES TO PARTIES
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(3)received by the other party by United States Mail,
registered,return receipt requested,addressed as follows:
TO BUYER: TO SELLER:
City of Fort Worth R.Charles Todd
Attn:Purchasing Manager
200 Texas Street
Fort Worth,TX 76102-6314 Associate Agency
Facsimile:(817)392-8654 Director/CFO, Title
_200 Technology Way,College
With copy to Fort Worth City Station,TX
Attorney's Office at same address 77845-3424
Facsimile: (979)458-6892
28.0 NON-Dl(SCRIMINATION
The Seller and Buyer, in the execution, performance, or attempted performance of this
Agreement, will not discriminate against any person or persons because of sex, race,
religion, age, disability, color, national origin, or familial status, nor will the District or
City permit its agents,employees,subcontractors or program participants to engage in such
discrimination.
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In addition to the above,the Buyer and Seller covenant that neither it nor any of its officers,
members,agents,employees,program participants,or subcontractors,while engaged in the
performance of this Agreement shall, in connection with the employment, advancement,
or discharge of employees,or in connection with the terms,conditions or privileges of their
employment, discriminate against persons because of their age, except on the basis of a
bona fide occupational qualification,retirement plan,or statutory requirement.
Section 29 shall survive the termination or expiration of this contract.
29.0 IMMIGRATION NATIONALITY ACT
Seller 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 Buyer,Seller shall provide Buyer with copies of all I-9 forms
and supporting eligibility documentation for each employee who performs work under this
Agreement. Seller 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 Seller employee who
is not legally eligible to perform such services.To the extent permitted by the Constitution
and laws of the State of Texas and without waiving sovereign immunity, SELLER
SHALL INDEMNIFY BUYER AND HOLD BUYER HARMLESS FROM ANY
PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS
pARAGRAPH BY SELLER, SELLER'S EMPLOYEES, SUBCONTRACTORS,
AGENTS,OR LICENSEES.Buyer,upon written notice to Seller, shall have the right to
immediately terminate this Agreement for violations of this provision by Seller.
30.0 HEALTH,SAFETY,AND ENVIRONMENTAL REQUIREMENTS
Services,products,materials, and supplies provided by the Seller must meet or exceed all
applicable health, safety, and the environmental laws, requirements, and standards. In
addition, Seller agrees to obtain and pay, at its own expense, for all licenses, permits,
certificates, and inspections necessary to provide the products or to perform the services
hereunder. Seller shall indemnify Buyer from any penalties or liabilities due to violations
of this provision. Buyer shall have the right to immediately terminate this Agreement for
violations of this provision by Seller.
31.0 RIGHT TO AUDIT
Seller agrees that Buyer shall, until the expiration of three (3) years after final payment
under this contract, 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 Seller involving transactions relating to this Agreement at no additionat cost to Buyer.
Seller agrees that Buyer shall have access during normal working hours to all necessary
Seller facilities and shall be provided adequate and appropriate work space in order to
conduct audits in compliance with the provisions of this section. Buyer shall give Seller
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reasonable advance notice of intended audits. The Buyer's right to audit, as described
herein,shall survive the termination and/or expiration of this Agreement.
32.0 DISABILITY
Ili accordance with the provisions of the Americans With Disabilities Act of 1990(ADA),
Seller represents that it and any and all of its subcontractors will not unlawfully
discriminate on the basis of disability in the provision of services to general public,nor in
the availability, terms and/or conditions of employment for applicants for employment
with, or employees of Seller or any of its subcontractors. Seller represents it will fully
comply with ADA's provisions and any other applicable federal, state and local laws
concerning disability and will defend, indemnify and hold Buyer harmless against any
claims or allegations asserted by third parties or subcontractors against Buyer arising out
of Seller's and/or its subcontractor's alleged failure to comply with the above-referenced
laws concerning disability discrimination in the performance of this agreement.
33.0 PROHIBITION ON CONTRACTING WITH COMPANIES THAT BOYCOTT
ISRAEL
If Seller has fewer than 10 employees or this Agreement is for less than$100,000,this
section does not apply.Seller acknowledges that in accordance with Chapter 2270 of the
Texas Government Code, the Buyer 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, Seller certifies that Seller's signature provides written verification to
the Buyer that Seller:(1)does not boycott Israel;and(2)will not boycott Israel during
the term of the contract.
34.0 FORCE MAJEURE
The parties 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,
pandemics, epidemics, wars, riots, material or labor restrictions by any governmental
authority,transportation problems and/or any other similar causes.
35.0 GOAT!RNMENTAL POWERS/IMKN_1TIES/_RIVMEGE1S/EX INUTIONS
It is understood and agreed that by execution of this Agreement,the parties do not waive
or surrender any of their respective powers, immunities, privileges, or exemptions as
provided by relevant law.
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36.0 USE OF PURCHASE ORDERS
To the degree that either or both of the parties hereto find it convenient to employ their
standard forms of purchase order or acknowledgment of order in administering the terms
of this Agreement, it or they may do so but none of the terms and conditions printed or
otherwise appearing on such form shall be applicable except to the extent that it specifies
information required to be furnished by either party hereunder. The terms proposed by any
such form are specifically objected to and shall not be used as a basis for any contract.
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Exhibit B—CONFLICT OF INTEREST QUESTIONNAIRE
Pursuant to Chapter 176 of the Local Government Code, any person or agent of a person
who contracts or seeks to contract for the sale or purchase of property, goods, or services
with a local governmental entity (i.e. The City of Fort Worth) must disclose in the
Questionnaire Form CIQ ("Questionnaire")the person's affiliation or business relationship
that might cause a conflict of interest with the local governmental entity. By law, the
Questionnaire must be filed with the Fort Worth City Secretary no later than seven days
after the date the person begins contract discussions or negotiations with the Buyer, or
submits an application or response to a request for proposals or bids, correspondence, or
another writing related to a potential agreement with the Buyer. Updated Questionnaires
must be filed in conformance with Chapter 176.
A copy of the Questionnaire Form CIQ is enclosed with the submittal documents.The form
is also available at http•//www.ethics.state.tx.us/forms/CIO.Ddf.
If you have any questions about compliance, please consult your own legal counsel.
Compliance is the individual responsibility of each person or agent of a person who is
subject to the filing requirement.An offense under Chapter 176 is a Class C misdemeanor.
NOTE: If you are not aware of a Conflict of Interest in any business relationship that
you might have with the Buyer, state Seller name in the# 1, use N/A in each of the
areas on the form.However,a signature is required in the#4 box in all cases.
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CONFLICT OF INTEREST QUESTIONNAIRE FORM CIO
For vendor doing business with local governmental entity
This questionnaire reflects changes made to the taw by H.B.23,e4th Leg.,Regular Session. OFFICE USE ONLY
This questionnaire is being filed in accordance with Chapter 176,Local Government Code, oaio Rawva3
by a vendorwho has a business relationship as defined by Section 176.001(1-a)with a local
governmental entity and the vendor meals requirements under Section 176.006(a).
By taw this questionnaire must be filadwith the records administrator of the local governmental
entity not later than the 7th business day after the date thevendoi oecornes aware of facts
that require the statement to be filed. See Section 176.006(a-1),Local Government Code.
A vendor commits an offense if the vendor knowingly violates Section 176.006, Loca;
GovemmentCode.An offense under this section is a misdemeanor.
9 Name of vendorwho has a business relationship with local governmental entity.
NIA — --
Check this box Ifyou are filing an update to a previously Iliad questionnaire.
(The law requires that you file an jpdated completed questionnaire with the appropriate filing authority not
later than the 7th busaness day after the date on which you became aware riat the orginaliy Ufed ques6onna re was
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incomp'ete or:naccuraloj
Namo of local government offlcar aboutwhom the Informatloi)In tills section is being disclosed.
NIA
Name of Officer
riis section(item 3 including subparts A,B.C. &D) must be completed for each officer witn whom the vendor nas an
employment or other bus�ness relatiorsh p as defined by Section 176.001(1-a),Local Govemment Code. Attach additlonai
pages to this Form CIO as necessary.
A. Is the local government officer named in this section receiving or'ikely to receive taxable income,other than investment
income, from the vendor9
Yes ED No
B. Is ins verdor receiv ng cr!Aae y to receive taxable income,other than investment income,from or at the direction of the'ace.
government officer named in this secton AND the taxable'rcorne is not received from the loom governmental entity?
Fl Yes F--]No
C. Is the tiler of this questioma:a employed by a corporation or other business entity with respect to which the Icca'
government officer serves as an officer or a;rector,or holds an owrership interest of one percent or
E7Yes No
D. Desc be each emp:cy-neni or bus:iess and family relationship with the local government officer named in this secfon.
y-2z-z0
i finature t vendor doing ous ness++nth he governments erSty Cete
Adoateo 8,712015
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EXHIBIT C—SELLER CONTACT INFORMATION
Seller's Name: Texas A&M Engineering Extension Service
Seller's Local Address: 200 Technology,College Station,TX 77845
Phone: 979-458-6887 Fax: 979-458-6892
Email: Jonathan dikes teex tamu edu
Name of persons to contact when placing an order or invoice questions:
Name/Title Kristi Butters . Business Coordinator II
Phone: 979-862-1612 Fax: 979-458-1426
Email: lcristi.butters@teex.tamu.edu
Name/Title Shayne Rhoads,Director
Phone: 979-862-1738 Fax: 979-458-1426
Email: shayne.rhoads@teex.tamu.edu
Name/Title i
Phone: Fax:
Email:
R.Charles Todd
iguature Printed Name Date
1s
Revised 3.11.20tp
EXHIBIT D
VERIFICATION OF SIGNATURE AUTHORITY
Execution of this Signature Verification Form ("Form") hereby certifies that the following
individuals and/or positions have the authority to legally bind Seller and to execute any agreement,
amendment or change order on behalf of Seller.Such binding authority has been granted by proper
order,resolution, ordinance or other authorization of Seller. Buyer is fully entitled to rely on the
warranty and representation set forth in this Form in entering into any agreement or amendment
with Seller. Seller will submit an updated Form within ten (10) business days if there are any
changes to the signatory authority.Buyer is entitled to rely on any current executed Form until it
receives a revised Form that has been properly executed by Seller.
1. Name: R. Charles Todd
Position: A4sociate
,Aggenncy Director/CFO
Signature
2. Name: Brian Stip e
Positi n: Assistan 'FO
Signa e
a re of President/CEO aging Pattner
Title: Agency Director Date 14 23 2.,0 _
16
Revised 3.11.20tp
4��
IN WITNESS WHEREOF,the parties hereto have executed this Agreement in multiples this "'day
of Jul 27,2020 ,2020.
ACCEPTED AND AGREED:
CITY OF FORT WORTH: CON OR:
By: W--8.10W ff(1 4,2= Coy By: f,
Name: Dana Burghdoff Name: Ch rles Todd
Title: Assistant City Manager Tide: Associate Agency Director/CFO
Date: Jul 27,2020 Date:�r- Z 2.— ?�
APPROVAL RECOMMENDED:
¢slur HAr&r
gy; Gwd . rdH U"1 t,201009.41 CDT( _
Name: Chris Harder
Title:Assistant Water Director ;: '" �
ATTEST�rRanalG R fanz las
By: for Oo.Id P.G-1.U"124,2020 U.-06 CDIJ e'
Name:Mary Kayser * Ir
Title:City Secretary
APPROVED AS TO FORM AND
LEGALITY:
T•buM 01 ,1020DAk �By: ,
Name: Taylor Paris
Title: Assistant City Attorney
CONTRACT AUTHORIZATION:
M&C: N/A Date Approved:
!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:hWin pllij ps
Title: Engineering Manager
17
Revised 3.11.20tp
wxo 1
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH,TX
ATTACHMENT ENT I
SELLER'S PROPOSAL
(Inserted behind this page)
18
TLW A&M ENGINEERING
TEEX Contract#
EXTENSION SERVICE
® Texas A&M Engineering Extension Service-TEEX
Addendum to Customer's Contract
Customer
Name&
Address: City of Fort Worth ("Customer") Date: April 6,2020
Texas A&M Engineering Extension Service("TEEX") and the Customer are this day entering into a contract and,for their
mutual convenience,the parties are using the standard contract and/or purchase order form provided by the Customer
(referred to hereafter as the"Customer's Contract Form").
This Addendum("Addendum"),duly executed by the parties,is incorporated into the Customer's Contract Form CFW01-
20-01171nsert PO or contract Number here dated April 3 2020 and made an
integral part thereof. This Addendum and the Customer's Contract Form shall be referred to hereafter collectively as the
"Agreement."
The Customer's Contract Form is,with the exceptions noted herein,generally acceptable to TEEX. Nonetheless,because
certain standard clauses that may appear in the Customer's Contract Form cannot be accepted by TEEX because of its
status as an agency of the State of Texas and in consideration for the convenience of using provisions In the Customer's
Contract Form instead of negotiating a separate contract document,the parties agree that none of the provisions listed
below,if they appear in the Customer's Contract Form,shall have any effect or be enforceable against TEEX:
1. Requiring TEEX to maintain any type of insurance either for TEEX's benefit or for the Customer's benefit.
2. Renewing or extending the Agreement beyond the contract term or automatically continuing the contract period
from term to term.
3. Requiring or stating the terms of the Customer's Contract Form shall prevail over the terms of the purchase order
or this Addendum in the event of conflict.
4. Requiring the application of the law of any state other than Texas in interpreting or enforcing the Agreement, or
resolving any dispute under the Agreement.The Agreement and the obligations of the parties shall be construed
and enforced in accordance with the laws of the State of Texas(and not its conflicts of law statutes or principles).
S. Releasing or waiving the Customer or any other entity or person from its legal liability, or limiting liability, for
unlawful or negligent conduct or failure to comply with any duty recognized or imposed by applicable law.
6. Requiring any total or partial compensation or payment for lost profit or liquidated damages by TEEX if the
Agreement is terminated before the end of the contract term.
7. Changing the time period within which claims can be made or actions can be brought under the laws of the State of
Texas.
8. Binding YEEX to any arbitration provision or to the decision of any arbitration board, commission, panel or other
entity.
9. Obligating TEEX to pay costs of collection or attorneys'fees.
10. Requiring TEEX to provide warranties.
11. Obligating TEEX to indemnify,defend or hold harmless any party.
12. Granting the Customer a security interest in any property of TEEX or subjecting any property of TEEX to a statutory,
contractual,or constitutional lien.
13. Requiring payments or assessing interest other than in accordance with the Texas Prompt Payment Act, Chapter
2251,Texas Government Code.
14. Requiring that the Agreement be accepted or endorsed by the home office or by any other officer of Customer
subsequent to execution by an official of TEEX before the Agreement is considered in effect.
15. Prohibiting TEEX from recovering its lawful damages incurred as a result of a breach of the Agreement.
16. Permitting unilateral modification of the Agreement by Customer.
17. Limiting the liability of Customer or any other entity or person for property damage or personal injury.
18. Delaying the acceptance of the Agreement or its effective date beyond the date of execution by TEEX.
TEEX CS-8 OGC APPROVED May 2017 Updated 8/2019
Page 1 of 3
TEEX Contract#
Miscellaneous Provisions:
Indemnification., Customer agrees to indemnify and hold harmless TEEX from any claim,damage,liability,expense or
loss to the extent arising out of Customer's negligent or willful errors or omissions under this Agreement.
Alternative Dispute Resolution: The dispute resolution process provided in Chapter 2260, Texas Government Code, and
the related rules adopted by the Texas Attorney General pursuant to Chapter 2260,shall be used by the Customer and
TEEN to attempt to resolve any claim for breach of contract made by the Customer that cannot be resolved in the ordinary
course of business. The Customer shall submit written notice of a claim of breach of contract under this Chapter to the
Deputy Director of TEEN,who shall examine the Customer's claim and any counterclaim and negotiate with the Customer
in an effort to resolve the claim.
Mandatory Vcnue: Pursuant to Section 85.18,Tetras Education Code,venue for any suit filed against TEEX shall be in the
county in which the primary office of the chief executive officer of TEEM is located.
Loss of Funding: Performance by TEEX under the Agreement may be dependent upon the appropriation and allotment of
funds from federally-funded programs and/or by the Texas State Legislature(the"Legislature"). In the event a curtailment
of federally-funded programs occurs, or in the event state appropriations are unavailable, then TEEN will issue written
notice to the Customer and TEEN may terminate the Agreement without further duty or obligation hereunder. The
Customer acknowledges that appropriation of funds is beyond the control of TEEN.
Non-Waiver: The Customer expressly acknowledges TEEX is an agency of the State of Texas and nothing in the Agreement
will be construed as a waiver or relinquishment by TEEN of its right to claim such exemptions, privileges,and immunities
as may be provided by law.
Confidentiality: Customer acknowledges that TEEN is obligated to strictly comply with the Public Information Act,Chapter
552,Texas Government Code,in responding to any request for public information pertaining to this Agreement.
Independent contractor: The parties are independent contractors,and neither party is orshall be deemed to be an agent,
partner,or joint venturer of the other.This Agreement does not establish a partnership,joint venture,joint enterprise,or
similar relationship. Customer is liable for its own debts, obligations, acts, and omissions, including the payment of all
required withholding, Social Security and other taxes or benefits of its employees. Neither party may enter into any
agreement on behalf of the other. furthermore,neither party may make any statements on behalf of the other party or
attribute statements to the other party.
Rcpresentatlons and Warranties: If Customer is a corporation or a limited liability company, Customer warrants,
represents,covenants and agrees that it is duly organized,validly existing and in good standing under the laws of the state
of its incorporation or organization and is duly authorized and in good standing to conduct business in the State of Texas,
that it has all necessary power and has received all necessary approvals to execute and deliver the Agreement, and the
individual executing the Agreement on behalf of Cusi:omer has been duly authorized to act for and bind Customer,
Use of Purchcse Orders: To the degree that either or both of the parties hereto find it convenient to employ their standard
forms of purchase order or acknowledgment of order in administering the terms of this Agreement,it or they may do so
but none of the terms and conditions printed or otherwise appearing on such form shall be applicable except to the extent
that it specifies information required to be furnished by either party hereunder. The terms proposed by any such form are
specifically objected to and shall not be used as a basis for any contract.
I=orce Mojeurr�: Neither party is required to perform any term,condition,or covenant of the Agreement,if performance is
prevented or delayed by a natural occurrence,a fire, an act of God, an act of terrorism, or other similar occurrence,the
cause of which is not reasonably within the control of such party and which by due diligence it is unable to prevent or
overcome.
TEEX CS-8 OGC APPROVED May 2017 Updated 8/2019
Page 2 of 3 ,�'�w�
TEEX Contract it
Entire Agreement: This Addendum and the Customer's Contract Form constitute the entire Agreement between the
parties and may not be waived or modified except by a written agreement signed by the parties.
Savings Clause: If a court of competent jurisdiction finds any provision of this Addendum and the Customer's Contract
Form illegal, ineffective or beyond contractual authority of either parry,then the offending provision will be stricken and
the remainder of the agreement between the parties will remain in effect.
Prohibition on Contracts with Companies Boycotting Israel; To the extent that Texas Government Code,Chapter 2270 applies to this
Agreement, the PROVIDER certifies it does not and will not, during the performance of this contract, boycott Israel, PROVIDER
acknowledges this Agreement may be terminated if this certification is inaccurate.
Certification Regarding Business with Certain Countries and Organizations:. Pursuant to Subchapter F, Chapter 2252, Texas
Government Code, PROVIDER certifies it is not engaged in business with Iran, Sudan, or a foreign terrorist organization. PROVIDER
acknowledges this Agreement may be terminated if this certification is Inaccurate.
Conflict of Interest: By executing this Agreement,PROVIDER and each person signing on behalf of PROVIDER certifies,and in the case
of a sole proprietorship, partnership or corporation, each party thereto certifies as to its own organization,that to the best of their
knowledge and belief,no member of The A&M System orThe A&M System Board of Regents,nor any employee,or person,whose salary
is payable in whole or in part by The A&M System, has direct or indirect financial interest in the award of this Agreement,or in the
services to which this Agreement relates,or in any of the profits,real or potential,thereof.
To the extend the language in this Addendum is in conflict with any language in the Customer's Contract Form, the
language in this Addendum will control.
IN WITNESS WHEREOF, the parties have caused this Addendumn to be duly executed, intending thereby to be legally
bound.
Cioty of Fort Worth: Texas A& I n ' r r(g.Exten vice:
By: 0Y
Name: Name: R.Charles Todd
Title: Title: Associate Agency Director/CPO
Date: Date: 2-0 Zo
TEEX CS-II OGC APPROVED May 2017 Updated 8/2019
Page 3 of 3
� rites.2
SORT WO T
CITY OF FORT WORTH BID OFFER
Event ID Page Invited: BIDDERS
CFW01-20-0117
Event Round Version
1 1
Event Name
RF t T EQ Training Books and Manuals Submit To: City of Fort Worth
Start Time Finish Time PURCHASING DIVISION
04 02 2020 10:00:00 CDT 04 10 2020 17:00:00 CDT LOWER LEVEL CITY HALL
200 TEXAS ST.
Fort Worth TX 76102
United States
Email: FMSPurchasingResponses@fortworthtexas.gov
Event Description
The City of Fort Worth seeks bids from qualified bidders to establish an annual agreement for Texas Commission
on Environmental Quality(TCEQ)approved Books and Training Manauls for the Water Department as specified in
the attached Request for Quotes(RFQt).
Terms &Conditions
No pre-bid conference will be held.
**Bidders interested in bidding on this event shall register with the City of Fort Worth"
Completed Quote must be received in the Purchasing Division,200 Texas Street,Fort Worth,Texas 76102 by the
above"Finish Time" Quotes must be submitted via email at FMSPurchasingResponses@fortworthtexas.gov or faxed
to 817-392-8440,addressed to the Buyer,and have the bid number and opening.date clearly marked on the fax
cover page.Late quotes will not be considered for award unless bidders are notified otherwise. Quotes may be
withdrawn at any time prior to the official opening by written notification. Quotes may not be altered,
amended or withdrawn after the official opening.
1 Your quote must be submitted on this form.
2 Freight and all other delivery charges shall be included in the unit price(s)bid.
3 The City Is exempt from Federal Excise and State Sales Tax,therefore,tax must not be included in the quote
price.
Items quoted must meet or exceed City of Fort Worth Specifications;however,The City of Fort Worth may
consider and accept alternate bids if specified herein when most advantageous to the City. The City reserves
the right,however,to hold to City Specifications and to determine"or equal"status.The City reserves the
right to accept or reject in part or whole any quote submitted,and to waive any technicalities for the best
interest of the City.
QUOTE EVALUAT ION
The quote award shall be based on,but not necessarily limited to,the following factors:
1. Unit Price
2. Total Quote Price
3. Terms and Discounts
4. Delivery Date
5. Results of Testing Samples
6. Special Needs and Requirements of the City
7. Past experience with product/service
8. Vendor's past performance
9. City's evaluation of the Vendor s responsibility
10.Demurrage charges,freight costs and mileage
11.Estimated cost of supplies, maintenance, storage
12.Estimated Surplus value
SECTION NO.TITLE
PAGE 1 BID OFFER SHEET"-Cover page of Final Bid Document V1 and attached as separate document
PART 1 PURCHASING AGREEMENT SPECIFICATIONS
PART 2 CITY OF FORT WORTH STANDARD TERMS AND CONDITIONS
ATTACHMENTA SPECIFICATIONS
ATTACHMENT B CONFLICT OF INTEREST QUESTIONNAIRE
ATTACHMENT C CONTRACTOR CONTACT INFORMATION FORM
ATTACHMENT D REFERENCE SHEET
ATTACHMENT E NO BID SHEET
ATTACHMENT F HOW TO REGISTER WITH THE CITY OF FORT WORTH
RFQt 20-0117 TCEQ Training Books and Manuals
1 of 25
ORT WO T .
' CITY OF FORT WORTH BID OFFER
Event ID Page Invited: BIDDERS
CFWO1-20-01.17 2
Event Round Version
1 1
Event Name
RF t TCE Training Books and Manuals- Submit To: City of Fort Worth -
Start Time Finish Time PURCHASING DIVISION
04 02 2020 10:00:00 CDT 04 10 2020 17:00:00 CDT LOWER LEVEL CITY HALL
200 TEXAS ST.
Fort Worth TX 76102
United States
Email: FMSPurchasingResponses@fortworthtexas.gov
The undersigned,by his/her signature, represents that he/she is submitting a binding offer and is authorized
to bind the respondent to fully comply with the solicitation document contained herein.The Respondent,by
submitting and signing below,acknowledges that he/she has received and read the entire document packet
sections defined above including all documents incorporated by reference,and agrees to be bound by the terms
therein.
Legal Company Name: Texas A&M Engineering Extension Service
Company Address: 200 Technology Way
City,State,Zip: College Station,Texas 77845-3424
Vendor Registration No. 5573
Printed Name of Officer or Authorized Representative: R.Charles Todd
Title: Associate Agency Director/CFO —
Signature of Officer or Authorized Representative: �• � la
Date: April 10,2020
Email Address: charley.todd@teex.tamu.edu
Phone Number: 979-458-6940
Federal Identification Number(FID): 74-2270626
RFQt 20-0117 TCEQ Training Books and Manuals
2 of 25
FORT WORTH
CITY OF FORT WORTH BID OFFER
Event ID Page Invited: BIDDERS
CFW01-20-0117 3
Event Round Version
1 1
Event Name
RF t TCEO Training Books and Manuals Submit To: City of Fort Worth
Start Time Finish Time PURCHASING DIVISION
04 02 2020 10:00:00 CDT 04 10 2020 17:00:00 CDT LOWER LEVEL CITY HALL
200 TEXAS ST.
Fort Worth TX 76102
United States
Email: FMSPurchasingResponses@fortworthtexas.gov
Line Details
Line: 1
Description: Qtv Unit UnitPrice Total
TEEX Basic Water Works Participant Manuals. 132.00 EA
Brand Name or Equal:
$49.95 $6593.40
Line: 2
Description, City Unit UnitPrice Total
TEEX Surface Water PRO I Participant Manuals. 25.00 EA
Brand Name or Equal: $88.95 $2223.75
Line: 3
Description: Qty Unit UnitPrice Total
TEEX Surface Water Pro II Participant 20.00 EA
Manuals.Brand Name or Equal: $88.95 $1779.00
Line: 4
Description: City Unit UnitPrice Total
TEEX Pump&Motor Participant Manuals.Brand 35.00 EA
Name or Equal: $ems}95 $1923.25��
Line: 5
Description: Qty Unit UnitPrice Total
TEEX Water Utilities Safety.Participant 35.00 EA
Manuals.Brand Name or Equal: $49.95 $1746.25��
Line: 6
Description: City Unit UnitPrice Total
TEEX Water Distribution Participant Manuals. 50.00 EA
Brand Name or Equal: $65.95 $2797.50
Line: 7
Description: Qtv Unit UnitPrice Total
TEEX Basic Wastewater Operations Participant 90.00 EA
Manuals.Brand Name or $49.95
Equal: $4495.50
Line: 8
_Description: City Unit UnitPrice Total
TEEX Valve and Hydrant maintenance 25.00 EA
Participant Manuals.Brand Name or $49.95 $1248.75
Equal:
RFQt 20-0117 TCEQ Training Books and Manuals
3 of 25
ORT WOR
CITY OF FORT WORTH BID OFFER
Event ID Page Invited: BIDDERS
CFWO1-20-0117 4
Event Round Version
1 1
Event Name
RF t TC90 Training Books andManuals Submit To: City of Fort Worth
Start Time Finish Time PURCHASING DIVISION
04 02 2020 10:00:00 CDT 04 10 2020 17:00:00 CDT LOWER LEVEL CITY HALL
200 TEXAS ST.
Fort Worth TX 76102
United States
Email: FMSPurchasingResponses@fortworthtexas.gov
Line: 9
Description: City Unit UnitPrice Total
TEEX Waste Water Treatment Participant 40.00 EA
Manuals.Brand Name or
$62.95 $2518.00
Equal:
Line: 10
Description: Qty Unit UnitPrice Total
TEEX Wastewater Collection Participant 20.00 EA
Manuals.Brand or Equal: $54.95
$1099.00
Line: 11
Description: City Unit UnitPrice Total
TEEX Water Utilities Calculations Participant 20.00 EA
Manuals.Brand Name or Equal: $44.95 $899.00
Line: 12
Description: City Unit UnitPrice Total
TEEX Wastewater Laboratory Participant 10.00 EA
Manuals.Brand Name or $64 95 $649.50
Equal:
Line: 13
Description: City Unit UnitPrice Total
TEEX Operations of Activated Sludge Plants 10.00 EA
Participant Manuals.Brand Name or $54 95
Equal: $549.50
Total Laid Amount: $28524.40
All other parts shall be purchased at the discount below.If no discount is offered please enter a
zero on the percentage line.All parts will be added through an addendum on an as needed
basis throughout the life of the agreement,therefore,the bidder shall submit a price list for all
available items with their bid submittal.
All other parts and materials from Manufacturer's List Price will be at %discount.
RFQt 20-0117 TCEQ Training Books and Manuals
4 of 25
PART 1—PURCHASING AGREEMENT SPECIFICATIONS
1.0 SCOPE
1.1 The City of Fort Worth(City)seeks quotes from qualified bidders,hereinafter,Vendor,
for an annual agreement to provide Texas Commission on Environmental Quality
(TCEQ)approved Training Books and Manuals on an"as needed basis" for the
Water Department.
1.2 This Agreement shall begin on the date stated in Contract("Effective Date")and shall
expire on upcoming September 30th,("Expiration Date"),unless terminated earlier in
accordance with this Agreement("Initial Term").Upon the expiration of the Initial Tenn,
the Agreement shall renew automatically under the same terms and conditions for up to
four(4)one-year renewal periods(October 1 to September 30),unless City or Vendor
provides the other party with notice of non-renewal at least 60 days before the expiration
of the Initial Term or renewal period.However,if funds are not appropriated,the City
may cancel the Agreement 30 calendar days after providing written notification to the
Vendor.
1.3 Following the award, additional services and products of the same general category that
could have been encompassed in the award of this Agreement,and that are not already on
the Agreement,may be added.
1.4 Unit prices shall include all cost associated including but not limited to delivery and/or fuel
charges.No additional charges will be accepted or paid by the City.
2.0 DETAILED SCOPE OF SERVICES/SPECIFICATIONS
The Vendor hereby agrees to provide the City with requirements attached hereto and incorporated
for all purposes incident to this Agreement in Attachment"A", Specifications, more specifically
describing the goods to be provided hereunder.
3.0 CHANGE IN COMPANY NAME OR OWNERSHIP
The Vendor shall notify the City's Vendor Management Division,in writing,of a company name,
ownership,or address change for the purpose of maintaining updated City records.The president
of the company 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 do so may adversely impact future invoice payments. Vendor Management can be
reached at the following email address: FTW VendorMan eag mentna fortworthtexas.g v
4.0 INVOICING REQUIREMENTS
4.1 All invoices should be submitted directly to the requesting department. It is the
responsibility of the Vendor to get the name of the responsible person,telephone numbers
and address of the department at the time the service is requested.
RFQI 20-0117 TCEQ Training Books and Manuals
5 of 25
4,2 A properly prepared invoice shall be typewritten or computer printed and shall include the
Vendor's name and federal tax identification number, invoice number, address, date,
service or item description, unit price, extended cost, and City issued purchase order
number. Incomplete or inaccurate invoices may result in delayed payments, as-they-shall
be returned to the Vendor for correction and re-submittal.
5.0 UNIT PRICE ADJUSTMENT
5.1 The unit prices may be adjusted for increases or decreases in Vendor's cost after
completion of each Agreement year upon written request from the Vendor.
5.2 The Vendor must submit its price adjustment request, in writing, at least 60 days before
completion of each Agreement year. The Vendor shall provide written proof of cost
increases with price adjustment request.
5.3 If the City concludes that the rate increase being requested is exorbitant,the City reserves
the right to adjust the rate request, or reject the rate request in its entirety and allow the
Agreement to expire at the end of the Agreement term. If the City elects not to exercise
the renewal option,the Purchasing Division will issue a new solicitation.
5.4 Prices bid shall remain firm for each one-year term of the Agreement and shall include all
associated freight and delivery costs.
5.5 Prices offered shall be used for bid analysis and for Agreement pricing.In cases oferrors
in extensions or totals,the unit prices offered will govern.
5.6 Upon expiration of the Agreement term the successful Vendor, agrees to hold over under
the terms and conditions of this Agreement for a reasonable period of time to allow the city
to re-bid an agreement,not to exceed ninety(90)days.Vendor will be reimbursed for this
service at the prior agreement rate(s).Vendor shall remain obligated to the City under all
clauses of this Agreement that expressly or by their nature extends beyond and survives
the expiration or termination of this Agreement.
5.7 Goods and/or services shall not be suspended by the Vendor without a 30 day prior written
notice to the Purchasing Manager.
6.0 COOPERATIVE PURCHASING
6.1 Should other governmental entities decide to participate in this Agreement Vendors,shall
indicate in their bid response whether they agree that all terms, conditions,specification,
and pricing would apply.
6.2 If the successful Vendor agrees to extend the resulting Agreement to other governmental
entities,the following will apply: Governmental entities within utilizing agreements with
the City of Fort Worth will be eligible, but not obligated, to purchase material/services
under this Agreement(s) awarded as a result of this solicitation. All purchases by
governmental entities other than the City of Fort Worth will be billed directly to that
governmental entity and paid by that governmental entity.The City of Fort Worth will not
be responsible for another governmental entity's debts. Each governmental entity will
order its own material/services as needed.
RFQt 20-0117 TCEQ Training Books and Manuals
6 of 25
7.0 OMIT
8.0 OMIT
4.0 LAWS, ,GULATIONS,AND ORDINANCES
The Vendor shall be responsible for meeting all Federal: laws, ordinances and regulations; State:
laws, ordinance and regulations; County: laws, ordinances and regulations; and City: laws,
ordinances, and regulations for safety ofpeople, environment, and property. This includes,but is
not limited to, all Federal, State, County, and City Agencies, Administrations and Commissions
such as the Environmental Protection Agency (EPA), Occupational Safety and Health
Administration (OSHA), and the Texas Commission on Environmental Quality (TCEQ). In the
event any law, regulation or ordinance becomes effective after the start of this Agreement, the
Vendor is required to comply with new policy. Any mandates requiring the City to comply with
new guidelines will also require the Vendor to comply.
10.0 QUANTITIES
The quantities listed on the bid solicitation are only estimates based onprevious usage and do not
indicate intent to purchase or a guarantee of future business. The City of Fort Worth is obligated
to pay for only those materials and services actually ordered by an authorized City employee and
then received as required and accepted by the City.
11.0 PERFORMANCE
Failure of the City to insist in any one or more instances upon performance of any of the terms and
conditions of this Agreement shall not be construed as a waiver or relinquishment of the future
performance of any terms and conditions,but the Vendor's obligation with respect to such
performance shall continue in full force and effect.
12.0 COMPLAINTS
Complaints processed through the City Purchasing Division are to be corrected within fourteen(14)
days of formal notice of complaint.Written response to the Purchasing Division is required.Failure
to properly resolve complaints within the fourteen(14)calendar day time period may result in the
cancellation of the applicable line item(s)in the price agreement.
13.0 METHOD OF AWARD
13.1 Quotes will be evaluated based on the lowest responsive and responsible bidder complying
with all of the provisions of the solicitation,provided the bid price is reasonable,and it is in
the best interest of the City to accept it.
13.1.1 A responsive bidder is defined to be one who submits a completed quote packet
within the stated time deadline and in accordance with the specification.
13.1.2 A responsible bidder is defined to be one who demonstrates via responses to the
selection criteria his/her ability to successfully deliver the supplies,equipment,or
services being procured.
RFQt 20-0117 TCEQ Training Books and Manuals
7of25
13.2 In order for the City to receive adequate coverage on its requirements as specified in the
solicitation,the City may award multiple agreements.
13.21 The City also reserves the right to reject the bid of a bidder who has previously
failed to perform property or complete on time agreements of a similar nature.
13.2.2 The City reserves and shall be free to exercise the right to evaluate bid in relation
to performance record of bidder with the City itself,another municipal
corporation of like size,or private corporations during the past two-year period.
Such precautions are deemed to be in the public interest inasmuch as Vendor
failure or inability to furnish items within the prescribed time can create
emergency situations and impose unnecessary hardship on both the City as a
municipal corporation and the public at large
14.0 QUOTATIONS
14.1 Bidders shall submit the following items with their bid:
14.1.1 A completed and signed original Fort Worth Bid Offer Sheet;
14.1.2 A completed and signed original Conflict of Interest Questionnaire,Attachment B.
14.1.3 A completed Vendor Contact Information Form,Attachment C.
14.1.4 A completed Reference Sheet providing a list of three(3)references,Attachment
D.
14.1.5 Price list of items available for purchase.
14.2 Failure to submit the items listed in section 14.1 will be grounds for rejection of a quote as
non-responsive to the specifications.
15.0 QUESTIONS
15.1 Questions,explanations or clarifications desired by a Bidder regarding any partof the bid
must be requested in writing from the Purchasing Division. All questions must be
submitted by April 06,2020 at 5:OOPM.Requests can be sent to the following:
15.1.1 Sarah Czechowicz,Buyer,FMSPurchasing Resl?onses(iDfortworthtexas.gov
15.1.2 City of Fort Worth Purchasing Division
Attention: Sarah Czechowicz-Reference RFQT 20-0117
200 Texas Street,Fort Worth,Texas 76102
15,13 Facsimile: (817)392-8440,Attention: Sarah Czechowicz,RFQT 20-0117
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PART 2 -CITY OF FORT WORTH,TEKAS
STANDARD PURCHASING TERMS AND CONDITIONS
10 PXXJ=JLQ&_0ZJHMM
The City of Fort Worth, its officers, agents, servants, authorized employees, Vendors and
subVendors who act on behalf of various City departments,bodies or agencies.
2.0 Fjry T ION OF SE .LFR
The consultant,Vendor(s),supplier,or other provider of goods and/or services,its officers,agents,
servants, employees, Vendors and subVendors who act on behalf of the entity under a contract
with the City of Fort Worth.
3.0 PUM LL=QRMA1I01®1
Any information submitted to the City of Fort Worth(the"City")may be requested by a member
of the public under the Texas Public Information Act. See TEX. GOV'T CODE ANN. §§
552.002, 552.128(c)(West Supp.2006). If the City receives a request for a Seller's proprietary
information, the Seller listed in the request will be notified and given an opportunity to make
arguments to the Texas Attorney General's Office (the "AG") regarding reasons the Seller
believes that its information may not lawfully be released. If Seller does not make arguments or
the AG rejects the arguments Seller makes,Seller's information will be released without penalty
to the City.
4.0 PROHIRITION A .AINST PFRSOVAL EYMES1 j i CUbM CTS
No officer or employee of Buyer shall have a financial interest,direct or indirect,in any contract
with Buyer or be financially interested, directly or indirectly, in the sale to Buyer of any land,
materials, supplies or services,except on behalf of Buyer as an officer or employee.Any willful
violation of this section shall constitute malfeasance in office,and any officer or employee found
guilty thereof shall thereby forfeit his office or position. Any violation of this section with the
knowledge,expressed or implied,of the person or corporation contracting with the City Council
shall render the contract invalid by the City Manager or the City Council. (Chapter XXVII,
Section 16,City of Fort Worth Charter)
5.0 ORDERS
5.0 No employees of the Buyer or its officers, agents, servants, Vendors or subVendors
who act on behalf of various City departments, bodies or agencies are authorized to
place orders for goods and/or services without providing approved contract numbers,
purchase order numbers, or release numbers issued by the Buyer. The only exceptions
are Purchasing Card orders and emergencies pursuant to Texas Local Government Code
Section 252.022(a)(1), (2),or(3). In the case of emergencies, the Buyer's Purchasing
Division will place such orders.
5.1 Acceptance of an order and delivery on the part of the Seller without an approved
contract number, purchase order number, or release number issued by the Buyer
may result in rejection of delivery, return of goods at the Seller's cost and/or non-
payment.
6.0 SELLER TO PA I A =lao.MOIDS
Seller will package goods in accordance with good commercial practice.Each shipping container,
shall be clearly and permanently marked as follows:(a)Seller'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 container bearing the
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packing slip. Seller shall bear the cost of packaging unless otherwise provided. Goods shall be
suitably packed to secure lowest transportation costs and to coni to requirements of common
carriers and any applicable specifications. Buyer's count or weight shall be final and conclusive
on shipments not accompanied by packing lists.
7.0 SUMM E�arDER R E1tVAT>1O1�I'ROgIIii TM
Seller is not authorized to ship the goods under reservation,and no tender of a bill of lading will
operate as a tender of goods.
8.0 TIT , .A M RIMOE ,OSS
The title and risk of loss of the goods shall not pass to Buyer until Buyer actually receives and
takes possession of the goods at the point or points of delivery after inspection and acceptance of
the goods.
9.0 EBY PERMS AND IRA1r15POR"I'ATION CHALU.a
Freight terms shall be F.O.B.Destination,Freight Prepaid and Allowed,unless delivery terms are
specified otherwise in Seller's proposals. Buyer agrees to reimburse Seller for transportation
costs in the amount specified in Seller's proposals or actual costs,whichever is lower,if the quoted
delivery terms do not include transportation costs; provided, Buyer shall have the right to
designate what method of transportation shall be used to ship the goods.
10.0 PLACE UE 12EL.LUHX
The place of delivery shall be set forth in the "Ship to" block of the purchase order, purchase
change order,or release order.
11.0 HLQZ I'Q &&
Buyer shall have the right to inspect the goods upon delivery before accepting them. Seller shall
be responsible for all charges for the return to Seller of any goods rejected as being
nonconforming under the specifications.
12.0 MOICES
12.1 Seller shall submit separate invoices in duplicate, on each purchase order or purchase
change order after each delivery.Invoices shall indicate the purchase order or purchase
change order number.Invoices shall be itemized and transportation charges,if any, shall
be listed separately.A copy of the bill of lading and the freight waybill,when applicable,
should be attached to the invoice. Seller shall mail or deliver invoices to Buyer's
Department and address as set forth in the block of the purchase order,purchase change
order or release order entitled "Ship to." Payment shall not be made until the above
instruments have been submitted after delivery and acceptance of the goods and/or
services.
12.2 Seller shall not include Federal Excise,State or City Sales Tax in its invoices.The Buyer
shall furnish a tax exemption certificate upon Seller's request.
13.0 PRICE WARRANTS'
13.1 The price to be paid by Buyer shall be that contained in Seller's proposals which Seller
warrants to be no higher than Seller'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 Seller breaches this warranty,
the prices of the items shall be reduced to the prices contained in Seller's proposals,
or in the alternative upon Buyer's option, Buyer shall have the right to cancel this
contract without any liability to Seller for breach or for Seller's actual expense. Such
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remedies are in addition to and not in lieu of any other remedies which Buyer may have
in law or equity.
13.2 Seller 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 Seller for the purpose of securing business. For breach or
violation of this warranty, Buyer 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.
14.0 1'RODUC'I'AARR,B.M
Seller 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 Buyer.Seller warrants that the goods furnished will _
conform to Buyer's specifications,drawings and descriptions listed in the proposal invitation, and
the sample(s) furnished by Seller, if any. In the event of a conflict between Buyer's
specifications,drawings,and descriptions,Buyer's specifications shall govern.
15.0 UFFTY 31ARRANTY
Seller warrants that the product sold to Buyer 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, Buyer may return the
product for correction or replacement at Seller's expense. In the event Seller fails to make
appropriate correction within a reasonable time,any correction made by Buyer will be at Seller's
expense. Where no correction is or can be made, Seller shall refund all monies received for such
goods within thirty (30) days after request is made by Buyer in writing and received by Seller.
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.
16.0 SOFT`YAHE LICENSE TQ SELLER
If this purchase is for the license of software products and/or services, and unless otherwise
agreed, Seller hereby grants to Buyer, a perpetual, irrevocable, non-exclusive, nontransferable,
royalty free license to use the software. This software is"proprietary"to Seller, and is licensed
and provided to the Buyer for its sole use for purposes under this Agreement and any attached
work orders or invoices. The City may not use or share this software without permission of the
Seller;however Buyer may make copies of the software expressly for backup purposes.
17.0 WAR A AMJS iN1FitIN MFNT O INTF I FCT PROPFRTY
17.1 The SELLER warrants that all Deliverables, or any part thereof, furnished
hereunder, including but not limited to: programs, documentation, software,
analyses, applications, methods, ways, and processes (in this Section each
individually referred to as a"Deliverable"and collectively as the"Deliverables,")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,in the performance of services under this Agreement.
17.2 SELLER shall be liable and responsible for any and all claims made against the City
for infringement of any patent,copyright,trademark,service mark,trade secret,or
other intellectual property rights by the use of or supplying of any Deliverable(s)in
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the course of performance or completion of,or in any way connected with providing
the services,or the City's continued use of the Deliverable(s)hereunder.
17.3 SELLER agrees to indemnify,defend,settle,or pay, at its own cost and expense,
including the payment of attorney's fees, any claim or action against the City for
infringement of any patent, copyright, trade,mark, service mark, trade secret, or
other intellectual property right arising from City's use of the Deliverable(s),or any
part thereof, in accordance with this Agreement, it being understood that this
agreement to indemnify,defend,settle or pay shall not apply if the City modifies or
misuses the Deliverable(s). So long as SELLER bears the cost and expense of
payment for claims or actions against the City pursuant to this section 8, SELLER
shall have the right to conduct the defense of any such claim or action and all
negotiations for its settlement or compromise and to settle or compromise any such
claim; however, City shall have the right to fully participate in any and all such
settlement, negotiations, or lawsuit as necessary to protect the City's interest, and
City agrees to cooperate with SELLER in doing so.In the event City, for whatever
reason,assumes the responsibility for payment of costs and expenses for any claim
or action brought against the City for infringement arising under this Agreement,
the City shall have the sole right to conduct the defense of any such claim or action
and all negotiations for its settlement or compromise and to settle or compromise
any such claim; however, SELLER shall fully participate and cooperate with the
City in defense of such claim or action.City agrees to give SELLER timely written
notice of any such claim or action,with copies of all papers City may receive relating
thereto. Notwithstanding the foregoing,the City's assumption of payment of costs
or expenses shall not eliminate SELLER's duty to indemnify the City under this
Agreement.If the Deliverable(s),or any part thereof,is held to infringe and the use
thereof is enjoined or restrained or, if as a result of a settlement or compromise,
such use is materially adversely restricted,SELLER shall,at its own expense and as
City's sole remedy, either: (a) procure for City the right to continue to use the
Deliverable(s); or (b) modify the Deliverable(s) to make them/it non-infringing,
provided that such modification does not materially adversely affect
City's authorized use of the Deliverable(s); or (c) replace the Deliverable(s)
with equally suitable, compatible, and functionally equivalent non-infringing
Deliverable(s) at no additional charge to City; or (d) if none of the foregoing
alternatives is reasonably available to SELLER, terminate this Agreement, and
refund all amounts paid to SELLER by the City,subsequent to which termination
City may seek any and all remedies available to City under law.
18.0 MISER,SH12 U A0 RJJPRODUCT
Seller agrees that any and all analyses,evaluations,reports,memoranda,letters, ideas,processes,
methods,programs,and manuals that were developed,prepared,conceived,made or suggested by
the Seller for the City pursuant to a Work Order,including all such developments as are originated
or conceived during the term of the Contract and that are completed or reduced to writing thereafter
(the "Work Product") and Seller acknowledges that such Work Product may be considered
"work(s)made for hire"and will be and remain the exclusive property of the City. To the extent
that the Work Product,under applicable law,may not be considered work(s)made for hire, Seller
hereby agrees that this Agreement effectively transfers,grants,conveys,and assigns exclusively to
Buyer, all rights,title and ownership interests,including copyright,which Seller may have in any
Work Product or any tangible media embodying such Work Product,without the necessity of any
further consideration,and Buyer shall be entitled to obtain and hold in its own name,all Intellectual
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Property rights in and to the Work Product. Seller for itself and on behalf of its Vendors hereby
waives any property interest in such Work Product.
19.0
The City owns and operates a computing environment and network(collectively the "Network").
If Seller requires access, whether onsite or remote, to the City's network to provide services
hereunder, and the Seller is required to utilize the Internet,Intranet,email, City database,or other
network application,Seller shall separately execute the City's Network Access Agreement prior to
providing such services.A copy ofthe City's standard Network Access Agreement can be provided
upon request.
20.0 C'AN .E . . Tii®N
Buyer shall have the right to cancel this contract immediately for default on all or any part of the
undelivered portion of this order if Seller breaches any of the terms hereof,including warranties of
Seller. Such right of cancellation is in addition to and not in lieu of any other remedies, which
Buyer may have in law or equity.
21.0 T .RMDNI
The performance of work or purchase of goods under this order may be terminated in whole or in
part by Buyer,with or without cause, at any time upon the delivery to Seller of a written "Notice
of Termination" specifying the extent to which performance of work or the goods to be purchased
under the order is terminated and the date upon which such termination becomes effective. Such
right of termination is in addition to and not in lieu of any other termination rights of Buyer as set
forth herein.
22.0 ASSiGNM)ENT 1.DE LEG TD®N
No interest,obligation or right of Seiler,including the right to receive payment,under this contract
shall be assigned or delegated to another entity without the express written consent of Buyer.Any
attempted assigmnent or delegation of Seller shall be wholly void and totally ineffective for all
purposes unless made in conformity with this paragraph.Prior to Buyer giving its consent, Seller
agrees that Seller shall provide, at no additional cost to Buyer, all documents, as determined by
Buyer, that are reasonable and necessary to verify Seller's legal status and transfer of rights,
interests,or obligations to another entity.The documents that may be requested include,but are not
limited to,Articles of Incorporation and related amendments,Certificate of Merger,IRS Form W-
9 to verify tax identification number,etc.Buyer reserves the right to withhold all payments to any
entity other than Seller, if Seller is not in compliance with this provision.If Seller fails to provide
necessary information in accordance with this section,Buyer shall not be liable for any penalties,
fees or interest resulting therefrom.
23.0 3YAIYER
No claim or right arising out of a breach of this contract can be discharged in whole or in part by a
waiver or renunciation of the claim or right unless the waiver or renunciation is supported by
consideration in writing and is signed by the aggrieved party.
24.0 MOD) Fi , TIMS
This contract can be modified or rescinded only by a written agreement signed by both parties.
25.0 IHE AfiREEBIEril
In the absence of an otherwise negotiated contract, or unless stated otherwise, the Agreement
between Buyer and Seller shall consist of these Standard Terms and Conditions together with any
applicable proposal documents published by the Buyer and Seller's Response to such proposal
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(the"contract documents").This Agreement is intended by the parties as a final expression of their
agreement and is intended also as a complete and exclusive statement of the terms of their
agreement.No course of prior dealings between the parties and no usage of trade shall be relevant
to supplement or explain any term used in this Agreement. Acceptance of or acquiescence in a
course of performance under this Agreement shall not be relevant to determine the meaning of this
Agreement even though the accepting or acquiescing party has knowledge of the performance and
opportunity for objection. Whenever a term defined by the Uniform Commercial Code (UCC) is
used in this Agreement,the definition contained in the UCC shall control.In the event of a conflict
between the contract documents, the order of precedence shall be these Standard Terms and
Conditions, the Buyer's published proposal documents and the Seller's response. If Buyer and
Seller have otherwise negotiated a contract,this Agreement shall not apply.
26.0 AU I ABL. .L.AW/3MiVITF
This agreement shall be governed by the Uniform Commercial Code wherever the term"Uniform
Commercial Code" or"UCC" is used. It shall be construed as meaning the Uniform Commercial
Code as adopted and amended in the State of Texas.Both parties agree that venue for any litigation
arising from this contract shall be in Fort Worth, Tarrant County, Texas. This contract shall be
governed,construed and enforced under the laws of the State of Texas.
27.0 IND .P .NDFNT VFNDOI2f 1
Seller shall operate hereunder as an independent Vendor(s)and not as an officer, agent,servant
or employee of Buyer. Seller shall have exclusive control of, and the exclusive right to control,
the details of its operations hereunder, and all persons performing same, and shall be solely
responsible for the acts and omissions of its officers, agents, employees, Vendors and sub-
Vendors. The doctrine of respondeat superior shall not apply as between Buyer and Seller, its
officers, agents, employees, Vendors and subVendors. Nothing herein shall be construed as
creating a partnership or joint enterprise between Buyer and Seller,its officers,agents,employees,
Vendors and subVendors.
28.0 LIABILITY AND TNDEMNIFI ANION.
28.1 LIABILITY - SELLER 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 SELLER, ITS OFFICERS, AGENTS,
SERVANTS OR EMPLOYEES.
I
28.2 IIMEDMIFIC&TIOLV - SELLER HEREBY COVENANTS AND AGREES TO
INDEMNIFY,HOLD HARMLESS AND DEFEND THE CITY (ALSO REFERRED
TO AS BUYER), 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 SELLER'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 SELLER, ITS OFFICERS,
AGENTS,SUBVENDOR(S)S,SERVANTS OR EMPLOYEES.
29.0 E,VF,RAB LITY
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I.
In case any one or more of the provisions contained in this agreement shall for any reason, be
held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or
unenforceability shall not affect any other provision of this agreement,which agreement shall be
- - construed as if such invalid,illegal or unenforceable provision had never been contained herein
30.0 EI&CA XXNDjU_%LliHj TION
In the event no funds or insufficient funds are appropriated and budgeted in any fiscal period for
payments due under this contract,then Buyer will immediately notify Seller of such occurrence
and this contract shall be terminated on the last day of the fiscal period for which funds have been
appropriated without penalty or expense to Buyer of any kind whatsoever, except to the portions
of annual payments herein agreed upon for which funds shall have been appropriated and
budgeted or are otherwise available.
31.0 T-OTI S TO I'ARTI)FS
Notices addressed to Buyer pursuant to the provisions hereof shall be conclusively determined to
have been delivered three (3) business days following the day such notice is deposited in the
United States mail,in a sealed envelope with sufficient postage attached,addressed to Purchasing
Manager, City of Fort Worth, Purchasing Division,200 Texas Street,Fort Worth, Texas 76102.
Notices to Seller shall be conclusively determined to have been delivered three(3)business days
following the day such notice is deposited in the United States mail, in a sealed envelope with
sufficient postage attached, addressed to the address given by Seller in its response to Buyer's
invitation to proposals. Or if sent via express courier or hand delivery, notice is considered
received upon delivery.
32.0 NON-DTSCRIMINA
This contract is made and entered into with reference specifically to Chapter 17, Article III,
Division 3 ("Employment Practices"), of the City Code of the City of Fort Worth (1986), as
amended, and Seller hereby covenants and agrees that Seller, its employees, officers, agents,
Vendors or subVendors,have fully complied with all provisions of same and that no employee,
participant,applicant,Vendor(s)or subVendor(s)has been discriminated against according to the
terms of such Ordinance by Seller, its employees, officers, agents, Vendor(s)or subVendors
herein.
33.0 IMMIGRATION NATIONALITY ACT
City actively supports the Immigration & Nationality Act (INA) which includes provisions
addressing employment eligibility,employment verification,and nondiscrimination.Vendor shall
verify the identity and employment eligibility of all employees who perform work under this
Agreement.Vendor shall complete the Employment Eligibility Verification Form(1-9),maintain
photocopies of all supporting employment eligibility and identity documentation for all employees,
and upon request,provide City with copies of all I-9 forms and supporting eligibility documentation
for each employee who performs work under this Agreement. Vendor shall establish appropriate
procedures and controls so that no services will be performed by any employee who is not legally
eligible to perform such services. Vendor shall provide City with a certification letter that it has
complie4d with the verification requirements required by this Agreement. Vendor shall indemnify
City from any penalties or liabilities due to violations of this provision.City shall have the right to
immediately terminate this Agreement for violations of this provision by Vendor.
34.0 HEALIH,SAF'ETV,AND ENYIRONMENTAI BEOITIREIVIII:NTS
Services, products, materials, and supplies provided by the Seller must meet or exceed all
applicable health, safety,and the environmental laws,requirements, and standards. In addition,
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Seller agrees to obtain and pay, at its own expense, for all licenses, permits, certificates, and
inspections necessary to provide the products or to perform the services hereunder. Seller shall
indemnify Buyer from any penalties or liabilities due to violations of this provision. Buyer shall
have the right to immediately terminate this Agreement for violations of this provision by Seiler.
35.0 8ItgHI T()AIJIIIT
Seller agrees that the Buyer, or Buyer's authorized representative, shall, until the expiration of
three (3)years after final payment under this contract, and at no additional cost to Buyer, have
access to and the right to examine and copy any directly pertinent books,computer disks, digital
files, documents,papers and records of the Seller involving transactions relating to this contract,
including any and all records maintained pursuant to Section 31 of this Agreement.Seller agrees
that the Buyer shall have access, during normal working hours,to all necessary Seller facilities,
and shall be provided adequate and appropriate workspace, in order to conduct audits in
compliance with the provisions of this section.Buyer shall pay Seller for reasonable costs of any
copying in accordance with the standards set forth in the Texas Administrative Code.The Buyer
shall give Seller reasonable advance written notice of intended audits, but no less than ten (10)
business days.
36.0 IIISABIT,IT�'
In accordance with the provisions of the Americans With Disabilities Act of 1990(ADA),Seller
warrants that it and any and all of its subVendors will not unlawfully discriminate on the basis of
disability in the provision of services to general public, nor in the availability, terms and/or
conditions of employment for applicants for employment with,or employees of Seller or any of
its subVendors. Seller warrants it will fully comply with ADA's provisions and any other
applicable federal,state and local laws concerning disability and will defend,indemnify and hold
Buyer harmless against any claims or allegations asserted by third parties or subVendors against
Buyer arising out of Seller's and/or its subVendor's alleged failure to comply with the above-
referenced laws concerning disability discrimination in the performance of this agreement.
37.0 DjSPIJT RI' d TjT _IQN
If either Buyer or Seller has a claim, dispute, or other matter in question for breach of duty,
obligations,services rendered or any warranty that arises under this Agreement,the parties shall
first attempt to resolve the matter through this dispute resolution process.The disputing party shall
notify the other party in writing as soon as practicable after discovering the claim, dispute, or
breach.The notice shall state the nature of the dispute and list the parry's specific reasons for such
dispute.Within ten(10)business days of receipt of the notice,both parties shall make a good faith
effort, either through email, mail, phone conference, in person meetings, or other reasonable
means to resolve any claim, dispute,breach or other matter in question that may arise out of, or
in connection with this Agreement.If the parties fail to resolve the dispute within sixty(60)days
of the date of receipt of the notice of the dispute,then the parties may submit the matter to non-
binding mediation upon written consent of authorized representatives of both parties in
accordance with the Industry Arbitration Rules of the American Arbitration Association or other
applicable rules governing mediation then in effect. If the parties cannot resolve the dispute
through mediation,then either party shall have the right to exercise any and all remedies available
under law regarding the dispute.
38.0 PROHIBITION ON CONTRACTING WITH COMPANIES THAT BOYCOTT ISRAEL
Seller 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
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boycott Israel during the teen of the contract. The terms"boycott Israel"and 66company"shall have
the meanings ascribed to those terms in Section 808.001 of the Texas Government Code, By signing
this contract,Seller certifies that Seller's signature provides written verification to the City that
Seller:(1)does not boycott Israel;and(2)will not boycott Israel during the term of the contract.
Revised August 31,2017.
I
i
i
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ATTACHMENT A
SPECIFICATIONS FOR TCEO T INING BOO AND NAUALS
1.0 PURPOSE
1.1 The City of Fort North(City)Water Department is accepting bids for an annual
agreement for the purchase of Training Books and Manuals for various classes
that are taught within the Water Department.
1.2 The training materials must be Texas Commission Environmental Equality
(TCEQ) approved resources.The materials will be used to teach classes by the
Department's Certified Trainers to various employees.
1.3 These courses are required for employees to maintain or obtain their water and/or
wastewater licenses.
2.0 SPECIFICATIONS
2.1 Vendor shall provide only TCEQ and Texas Engineering Extension Service
(TEEX) approved training materials to the Water Department.
2.2 The Vendor shall be able to provide all brand name products as listed in the table
below or an approved equivalent by the Water Department.
T12AHONG BOOKS AND MANUALS
Book Title Source/Author Item# Quanti
Basic Water Works Operations TEEX 27-WWWOOIPM 132
Participant Manual
Water Distribution Participant TEEX 27-WWW003PM 50
Manual
Basic Wastewater Operations TEEX 27-WWWIOIPM 90
Participant Manual
Water Utilities Safety Participant TEEX 27-WWW201PM 35
Manual
Pump and Motor Maintenance TEEX 27-WWW203PM 35
Participant Manual
Valve and Hydrant Maintenance TEEX 27-W WW208PM 25
Participant Manual
Waste Water Treatment TEEX 27-W W W 102PM 40
Waste Water Collection Participant TEEX 27-WWW103PM 20
Manual
Water Utilities Calculations TEEX 27-WWW200PM 20
Participant Manual
Wastewater Laboratory Participant TEEX 27-WWW105PM 10
Manual
Operations of Activated Sludge TEEX 27-WWW104PM 10
Plants Participant.Manual
Surface Water Production I TEEX 27-WWW004PM 25
Participant Manual
Surface Water Production II TEEX 27-WWW013PM 20
Participant Manual
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2.3 Materials provided shall be paperback, if another material is used,please indicate
type in Vendor's response.
2.4 The Vendor shall provide new,unused training materials.
2.5 Additional training resources may be added to this as needed,therefore,Vendor
shall provide price list for all available items.
3.0 DELIVERY
3.1. The Vendor shall deliver all materials to:
3.1.1 Field Operations Warehouse
1608 11 TH Avenue
Fort Worth, Texas 76102
3.2 Orders of these materials are based on an as-needed basis.
4.0 BRAND NAME OR EQUAL
4.1 Where a brand name is specifically identified in this specification,no deviation
will be authorized.
4.2 If a component in this bid is identified as"brand or equal,"the purchase
description reflects the characteristics and level of quality that will satisfy the
City's needs.The salient physical,functional,or performance characteristics that
"equal"products must meet are specified in the bid.
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ATTACHMENT B
CONFLICT OF INTEREST DISCLOSURE REOUIREMENT
Pursuant to Chapter 176 of the Local Government Code,any person or agent of a person who contracts or
seeks to contract for the sale or purchase of property, goods,or services with a local governmental entity
(i.e.The City of Fort Worth)must disclose in the Questionnaire Forms CIQ("Questionnaire")the person's
affiliation or business relationship that might cause a conflict of interest with the local governmental entity.
By law,the Questionnaire must be filed with the Fort Worth City Secretary no later than seven days after
the date the person begins contract discussions or negotiations with the City, or submits an application or
response to a request for proposals or bids, correspondence, or another writing related to potential
agreement with the City.Updated Questionnaires must be filed in conformance with Chapter 176.
A copy of the Questionnaires Form CIQ is enclosed with submittal documents. The form is also available
at http•//www.ethics.state.tx.us/forms/CIO.pdf.
If you have any questions about compliance, please consult your own legal counsel. Compliance is the
individual responsibility of each person or agent of a person who is subject to the filing requirement. An
offense under Chapter 176 is a Class C misdemeanor.
NOTE: If you are not aware of a Conflict of Interest in any business relationship that you might
have with the City,state Vendor name in the#1,use N/A in each of the areas on the form.However,
a signature is required in the#4 bog in all cases.
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CONFLICT OF INTEREST OUESTIONNAIRE FORM CIO
For vendor doing business with local governmental entity
-- - --- -- --------- This quosammitro reflects cttaoyus rhma to ttha liner by 111.1111,a afl0lp4 iMyular session. ttSR CIUSEDWY --
Thisquestionnairetsbeing filed inaccordancewilh Chapter 176,tocrdGovemmentCode. pamRcccroad
try a vendor who has a busirwrsrablilionehpasdatinadby Section 17&001(1-a)with a bail
goverturiental entity and thevendor meets requirements under Section 176.006(a).
By law this questionnaire must to filedwi th fhe records administrator of tha lorai governmental
entity not Later than the 7th oas;'ness day after the date thevendor becomes aware of fact,
that require the statement to ba firrad. Sea Section 176.OD6(a-1).Loca.l Govomater�I CorJe.
A vendor commits an offense if tote vendor knowingy violates Soction 176.D06, Local
Government Cade.An offense under this section Is a nusdemeanor.
t �Name of vendor who has a business relationship with local governrnartlatsntltY.
Texas A&M Engineering Extension Service
Check this box if you are tiling an update to a previously f1kid uesiloonaho.
(The law requires that you file an updated completed questionnaire with the appropriate filing authority not `
later than the 71h business day after inc date on which you became aware that the originally filed questlionraWe was
incomplete or inaccurate.)
3
Nam of local govarnfitent otlleer about whore the tnfofmatlon in this section is t>Ling dlsciossttL
NIA
Name of Officer
Tttis section,(item 3 including rwbpam A.8,C,6 Ai must be comploted for as n otfkar 44th whum rho vendor has an
employment or other buo iuness rat Kv%shlp as defined by S*%:Wn 178.001(1•a),Local fxwernment Code_ Attaels additional
wages to this Form CIO as necessary.
A. Is to to a:•govwrmenl officer narned in this sootion receivvea or I,koly to reco"taxabie income,other than investment
ncome:from the vendor?
[-�] Yes � No
B.is the vendor rccohtinq or likoiy to weNo taxablo it=mo,ofirat than imroat ent.noorne,tram or atina direction of tho local
govomment officer named in thir,suction AND the tuable incornu is Prot received from tote local govrmrnentai on1-ry7
a Yes ® ftio
C. is tiro flier of this auestlornaire employed by a corporation or otlter busknsss ertilty with respact to wirier ire local
g-vernmant officer serves as an officer Cr director.or holds an owne:snQ inmio;i of one i>erco.nt or more?
F� Yes 7X r No
D.Desvcriba each employment or business and fanuly relationship with Vie lacai government oFrer nzmec in tKs season.
NIA
S1 re crventor dojV,"nets w:b ire gavem.T*ntal an!itr
Aaoptso WIN S
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ATTACHMENT C—VENDOR'S CONTACT INFORMATION
Vendor's Name: Texas A&M Engineering Extension Service
Vendor's Local Address: 200 Technology Way,College Station,Texas 77845-3424
Phone: 979-458-6800 Fax: 979-468-6892
Email: contracts@teex.tamu.edu
Name of persons to contact when placing an order or billing questions:
Name/Title Kristi Butters,Business Coordinator II
Phone: 979-862-1612 Fax: 979-458-1426
Email: kristi.butters@teex.tamu.edu
Name/Title Shayne Rhoads,Director
Phone: 979-862-1738 Fax: 979-458-1426
Email: shayne.rhoads@teex.tamu.edu
Name/Title
Phone: Fax:
Email:
P'nature Printed Name Date
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ATTACHMENT D-REFERENCE SHEET
Please complete and return this form with your bid.
The Bidder shall furnish references for at least three(3)recent customers to whom products and/or
services have been provided that are similar to those required by this solicitation.The City will be the sole
judge of references.Please use additional sheets.
1. Company's Name Tarrant County College District
Name of Contact Karen McGuire
Title of Contact Buyer
Present Address 1500 Houston Street
City,State,Zip Code Fort Worth Texas 76102
Telephone Number ( 817) 515-1500 Fax Number( }
Email _Kar n M G UirentcS�e__s_�dhI _u
2. Company's Name Houston Public Works
Name of Contact Linda Inyamah
Title of Contact
Present Address 2525 S/SGT.Macario Garcia Drive
City,State,Zip Code Houston,Texas 77020
Telephone Number ( 832 ) 395_5460 Fax Number( 832 395-3722
Email Linda InvamahPhoustontx.gov
3. Company's Name Austin Water Utility
Name of Contact Charles Palmos
Title of Contact Purchaser
Present Address 625 East loth Street, Suite 500
City,State,Zip Code Austin Texas 78701
Telephone Number ( 512) 698-6571 Fax Number( )
Email Charles Palmos(c�austintexas.gov
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ATTACHMENT--E
NO BID SHEET FOR BID NO.20-0117
If your Firm has chosen not to submit a bid for this procurement,please complete this form and submit to:
Sarah Czechowiez,Buyer
Purchasing Division
City of Fort Worth,200 Texas Street
Fort Worth,Texas 76102
Fax No. 817-392-8440
E-mail address: FMSPurchasingResponses@fortworthtexas.gov
Please check the items that apply:
Do not sell the item(s)required.
Cannot be competitive.
Cannot meet the Specifications highlighted in the attached Bid.
0
Cannot provide Insurance required.
O
Cannot provide Bonding required.
I
Cannot comply with Indemnification requirements.
71 Job too large.
Job too small.
aDo not wish to do business with the City.
Other reason.
Company Name:
Authorized Officer or Agent Signature:
Telephone:(_� FAX Number:
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ATTACHMENT—F
HOW TO REGISTER WITH THE CITY OF FORT WORTH
There are two ways that any business can bid on an event with the City of Fort Worth:
1. Access http://fortworthtexas.gov/purchasiW and view listed Bids&Requests without registering
2. Registering to become a Vendor
To resister as a Vendor please follow the below stews:
Step 1—Access httn://fortworthtexas. ov/purchasine/
Step 2—On the right side under PeopleSoft Supplier Portal—Select Log In
Step 3—Select"Register as a Vendor"
Step 4—Under Select Activity Below—select Business
Step 5—Under Unique ID&Company Profile-Enter the following:
• TIN Number
• Entity Name
o Any Additional Names(DBA's)
• Website URL
Step 6—Under Profile Questions—Complete the following questions by using the calendar and magnifying glass
accordingly for each question.
Step 7—Under Standard Industry Codes—Select the following:
• SIC Code Type—Use dropdown and select UNSPSC
• Category Code—Select magnifying glass
• Lookup Category Code —Under SIC Code Type—Description change"Begins With"to "Contains"
**TIP.The search is recommended to use the"contains veld",in order to search aU cateko"codes
associated with your business. *
Step 8—Under Primary Address—Complete the following:
a) Country
b) Address Lines
c) City
d) County
e) Postal
f) State
g) Email ID(Email Address)
Step 9—Under Other Addresses—Check the correspondent that correspond to your business
Step 10—Under Company Contacts—Select the Add Contact,Determiner if Primary Contact—Enter the
following:
a) First Name
b) Last Name
c) Title—Current Job Title
d) Email ID—Email Address
e) Telephone
f) Fax
g) Contact Type
Step 11-Under User Profile Information—Enter the following
a) Requested User ID—Create a Username
b) Enter Description—Current Job Title
c) Language Code
d) Time Zone
e) Currency Code
Step 12—Review email address-Under Terms and Conditions—Select the Terms and Agreement Hyperlink-
Select the box to accept the Terms.
Step 13—Click Submit
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