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HomeMy WebLinkAboutContract 55460City Sec No. ��� ����� VENDOR SERVICES AGREEMENT Lone Star Scuba, Inc. CSC No. 55460 This VENDOR SERVICES AGREEMENT ("Agreement") is made and entered into by and between the CITY OF FORT WORTH ("City"), a Texas home rule municipal corporation and Lone Star Scuba, Inc. ("Vendor"), each individually referred to as a"party" and collectively referred to as the "parties." AGREEMENT DOCUMENTS: The Agreement documents shall include the following: 1. This Vendor Services Agreement; 2. Exhibit A— Scope of Services; 3. Exhibit B— Price Schedule; and 4. Exhibit C— Verification of Signature Authority Form. Exhibits A, B and C, which are attached hereto and incorporated herein, are made a part of this Agreement for all purposes. In the event of any conflict between the terms and conditions of Exhibits A, B or C and the terms and conditions set forth in the body of this Agreement, the terms and conditions of this Agreement shall control. 1. Scone of Services. VendoY shall provide dive equipment and maintenance and service of dive equipment under the teYms and conditions of this agreement. Exhibit "A," - Scope of Services more specifically describes the services to be provided hereunder. 2. Term. This Agreement shall begin on the date signed by the Assistant City Manager below ("Effective Date") and shall expire one year from the effective date ("Expiration Date"), unless terminated earlier in accordance with this Agreement ("Initial Term"). City shall have the option, in its sole discretion, to renew this Agreement under the same terms and conditions, for up to four (4) one-year renewal options, at City's sole discretion. 3. Comnensation. City shall pay Vendor in accordance with the fee schedule of Vendor personnel who perform services under this Agreement in accordance with the provisions of this Agreement and Exhibit "B," — Price Schedule. Total payment made by the City under this Agreement shall not exceed Thirty-Six Thousand Nine Hundred and Seven Nine Dollars and Sixty Cents. ($36,979.60). Vendor shall not perform any additional services orbill for expenses incurred for City not specifiedby this Agreement unless City requests and approves in writing the additional costs for such services. City shall not be liable for any additional expenses of Vendor not specified by this Agreement unless City first approves such expenses in writing. 4. Termination 4.1. Written Notice. City or Vendor may terminate this Agreement at any time and for any reason by providing the other party with 30 days' written notice oftermination. Services Agreement - Lone Star Scuba, Inc. OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX City Sec No. 4.2 Non-a�propriation of Funds. In the event no funds or insufficient funds are appropriated by City in any fiscal period for any payments due hereunder, City will notify Vendor of such occurrence and this Agreement shall terminate on the last day of the fiscal period for which appropriations were received without penalty or expense to City of any kind whatsoever, except as to the portions of the payments herein agreed upon for which funds have been appropriated. 4.3 Duties and Obli�ations of the Parties. In the event that this Agreement is terminated prior to the Expiration Date, City shall pay Vendor for services actually rendered up to the effective date of termination and Vendor shall continue to provide City with services requested by City and in accordance with this Agreement up to the effective date of termination. Upon termination of this Agreement for any reason, Vendor shall provide City with copies of all completed or partially completed documents prepared under this Agreement. In the event Vendor has received access to City Information or data as a requirement to perform services hereunder, Vendor shall return all City provided data to City in a machine readable format or other format deemed acceptable to Ciry. 5. Disclosure of Conflicts and Confidential Information. 5.1 Disclosure of Conflicts. Vendor hereby warrants to City that Vendor has made full disclosure in writing of any existing or potential conflicts of interest related to Vendor's seroices under this Agreement. In the event that any conflicts of interest arise after the Effective Date of this Agreement, Vendor hereby agrees immediately to make full disclosure to City in writing. 5.2 Confidential Information. Vendor, for itself and its officers, agents and employees, agrees that it shall treat all information provided to it by City ("City Information") as confidential and shall not disclose any such information to a third party without the prior written approval of City. 5.3 Public Information Act. City is a government entity under the laws of the State of Texas and all documents held or maintained by City are subj ect to disclosure under the Texas Public Information Act. In the event there is a request for information marked Confidential or Proprietary, City shall promptly notify Seller. It will be the responsibility of Seller to submit reasons objecting to disclosure. A determination on whether such reasons are sufficient will not be decided by City, but by the Office of the Attorney General of the State of Texas or by a court of competent jurisdiction. 5.4 Unauthorized Access. Vendor shall store and maintain City Information in a secure manner and shall not allow unauthorized users to access, modify, delete or otherwise corrupt City Information in any way. Vendor shall notify City immediately if the security or integrity of any City Information has been compromised or is believed to have been compromised, in which event, Vendor shall, in good faith, use all commercially reasonable efforts to cooperate with City in identifying what information has been accessed by unauthorized means and shall fully cooperate with City to protect such City Information from further unauthorized disclosure. 6. Ri�ht to Audit. Vendor agrees that City 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 Services Agreement - Lone Star Scuba, Inc. Page 2 of 18 City Sec No. years, have access to and the right to examine at reasonable times any directly pertinent books, documents, papers and records, including, but not limited to, all electronic records, of Vendor involving transactions relating to this Agreement at no additional cost to City. Vendor agrees that City shall have access during normal working hours to all necessary Vendor facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. City shall give Vendor reasonable advance notice of intended audits. 7. Indenendent Contractor. It is expressly understood and agreed that Vendor shall operate as an independent contractor as to all rights and privileges and work performed under this Agreement, and not as agent, representative or employee of City. Subject to and in accordance with the conditions and provisions of this Agreement, Vendor shall have the exclusive right to control the details of its operations and activities and be solely responsible for the acts and omissions of its offcers, agents, seroants, employees, Vendors and subVendors. Vendor aclrnowledges that the doctrine of respondeat superiorshall not apply as between City, its officers, agents, servants and employees, and Vendor, its officers, agents, employees, servants, Vendors and subVendors. Vendor further agrees that nothing herein shall be construed as the creation of a partnership or joint enterprise between City and Vendor. It is further understood that City shall in no way be considered a Co-employer or a Joint employer of Vendor or any officers, agents, servants, employees or subVendor of Vendor. Neither Vendor, nor any officers, agents, servants, employees or subVendor of Vendor shall be entitled to any employment benefits from Ciry. Vendor shall be responsible and liable for any and all payment and reporting of taxes on behalf of itself, and any of its offcers, agents, servants, employees or subVendor. 8. Liabilitv and Indemnification. 81 LIABILITY - VENDOR SHALL BE LIABLE AND RESPONSIBLE FOR ANY AND ALL PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, TO THE EXTENT CAUSED BY THE NEGLIGENT ACT(S) OR OMISSION(S), MALFEASANCE OR INTENTIONAL MISCONDUCT OF VENDOR, ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES. 8.2 GENERAL INDEMNIFICATION - VENDOR HEREBY COVENANTS AND AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROMAND AGAINST ANYAND ALL CLAIMS OR LAWSUITS OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, FOR EITHER PROPERTYDAMAGE OR LOSS (INCLUDINGALLEGED DAMAGE OR LOSS TO VENDOR'S BUSINESS AND ANY RESULTING LOST PROFITS) AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANYAND ALL PERSONS, ARISING OUT OF OR IN CONNECTIDN WITH THIS AGREEMENT, TO THE EXTENT CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS OR MALFEASANCE OF VENDOR, ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES. 8.3 INTELLECTUAL PROPERTY INDEMNIFICATION — Vendor agrees to defend, settle, or pay, at its own cost and e�pense, any claim or action against City for infringement of any patent, copyright, trade mark, trade secret, or similar property right arising from City's use of the software and/or documentation in accordance with this Agreement, it being understood that this agreement to defend, settle or pay shall not apply if City modifies or misuses the software and/or documentation. So long as Vendor bears the cost and expense of payment for claims or actions against City pursuant to this section, Vendor shaIl have the right to conduct the defense of any such claim or action and all Services Agreement - Lone Star Scuba, Inc. Page 3 of 18 City Sec No. 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 City's interest, and City agrees to cooperate with Vendor 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 City for infringement arising under this Agreement, 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, Vendor shall fully participate and cooperate with City in defense of such claim or action. City agrees to give Vendor timely written notice of any such claim or action, with copies of all papers City may receive relating thereto. Notwithstanding the foregoing, City's assumption of payment of costs or expenses shall not eliminate Vendor's duty to indemnify City under this Agreement. If the software and/or documentation 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, Vendor shall, at its own expense and as City's sole remedy, either: (a) procure for City the right to continue to use the software and/or documentation; or (b) modify the software and/or documentation to make it non-infringing, provided that such modification does not materially adversely affect City's authorized use of the software and/or documentation; or (c) replace the software and/or documentation with equally suitable, compatible, and functionally equivalent non-infringing software and/or documentation at no additional charge to City; or (d) if none of the foregoing alternatives is reasonably available to Vendor terminate this Agreement, and refund all amounts paid to Vendor by City, subsequent to which termination City may seek any and all remedies available to City under law. 9. Assignment and Subcontracting. 91 Assienment. Vendor shall not assign or subcontract any of its duties, obligations or rights under this Agreement without the prior written consent of City. If City grants consent to an assignment, the assignee shall execute a written agreement with City and Vendor under which the assignee agrees to be bound by the duties and obligations of Vendor under this Agreement. Vendor and Assignee shall be jointly liable for all obligations of Vendor under this Agreement prior to the effective date of the assignment. 9.2 Subcontract. If City grants consent to a subcontract, sub Vendor shall execute a written agreement with Vendor referencing this Agreement under which sub Vendor shall agree to be bound by the duties and obligations of Vendor under this Agreement as such duties and obligations may apply. Vendor shall provide City with a fully executed copy of any such subcontract. 10. Insurance. Vendor shall provide City with certificate(s) of insurance documenting policies of the following types and minimum coverage limits that are to be in effect prior to commencement of any work pursuant to this Agreement: 10.1 Covera�e and Limits (a) Commercial General Liability: $1,000,000 - Each Occurrence $2,000,000 - Aggregate Services Agreement - Lone Star Scuba, Inc. Page 4 of 18 City Sec No. (b) Automobile Liability: $1,000,000 - Each occurrence on a combined single limit basis Coverage shall be on any vehicle used by Vendor, its employees, agents, representatives in the course of providing services under this Agreement. "Any vehicle" shall be any vehicle owned, hired and non-owned. (c) Worker's Compensation: Statutory limits according to the Texas Warkers' Compensation Act or any other state workers' compensation laws where the work is being performed Employers' liability $100,000 - Bodily Injury by accident; each accident/occurrence $100,000 - Bodily Injury by disease; each employee $500,000 - Bodily Injury by disease; policy limit (d) Professional Liability (Errors & Omissions): $1,000,000 - Each Claim Limit $1,000,000 - Aggregate Limit 10.2 Professional Liability coverage may be provided through an endorsement to the Commercial General Liability (CGL) policy, or a separate policy specific to Professional E&O. Either is acceptable if coverage meets all other requirements. Coverage shall be claims-made, and maintained for the duration of the contractual agreement and for two (2) years following completion of services provided. An annual certificate of insurance shall be submitted to City to evidence coverage. General Requirements (a) The commercial general liability and automobile liability policies shall name City as an additional insured thereon, as its interests may appear. The term City shall include its employees, officers, officials, agents, and volunteers in respect to the contracted services. (b) The workers' compensation policy shall include a Waiver of Subrogation (Right of Recovery) in favor of City. (c) A minimum of Thirty (30) days' notice of cancellation or reduction in limits of coverage shall be provided to City. Ten (10) days' notice shall be acceptable in the event of non-payment of premium. Notice shall be sent to the Risk Manager, City of Fort Worth, 200 Texas Street, Fort Worth, Texas 76] 02, with copies to the Fort Worth Ciry Attorney at the same address. (d) The insurers for all policies must be licensed and/or approved to do business in the State of Texas. All insurers must have a minimum rating of A- VII Services Agreement - Lone Star Scuba, Inc. Page 5 of 18 City Sec No. in the current A.M. Best Key Rating Guide, or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. If the rating is below that required, written approval of Risk Management is required. (e) Any failure on the part of City to request required insurance documentation shall not constitute a waiver of the insurance requirement. (� Certificates of Insurance evidencing that Vendor has obtained all required insurance shall be delivered to the City prior to Vendor proceeding with any work pursuant to this Agreement. 11. Comnliance with Laws. Ordinances. Rules and Regulations. Vendor agrees that in the performance of its obligations hereunder, it shall comply with all applicable federal, state and local laws, ordinances, rules and regulations and that any work it produces in connection with this Agreement will also comply with all applicable federal, state and local laws, ordinances, rules and regulations. If City notifies Vendor of any violation of such laws, ordinances, rules or regulations, Vendor shall immediately desist from and correct the violation. 12. Non-Discrimination Covenant. Vendor, for itself, its personal representatives, assigns, subVendors and successors in interest, as part of the consideration herein, agrees that in the performance of Vendor's duties and obligations hereunder, it shall not discriminate in the treatment or employment of any individual or group of individuals on any basis prohibited by law. IF ANY CLAIM ARISES FROM AN ALLEGED VIOLATION OF THIS NON-DISCRIMINATION COVENANT BY VENDOR, ITS PERSONAL REPRESENTATIVES, ASSIGNS, SUBVENDORSS OR SUCCESSORS IN INTEREST, VENDOR AGREES TO ASSUME SUCH LIABILITY AND TO INDEMNIFY AND DEFEND CITY AND HOLD CITY HARMLESS FROM SUCH CLAIM. 13. ti . 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 CITY: City of Fort Worth Attn: Valerie Washington Assistant City Manager 200 Texas Street Fort Worth, TX 76102-6314 Facsimile: (817) 392-8654 To VENDOR: Lone Star Scuba, Inc. Manuel A Montoro, President 2815 Alta Mere Drive Fort Worth, Texas 76116 With copy to Fort Worth City Attorney's Office at same address 14. Solicitation of Em l�oyees. Neither City nor Vendor shall, during the term of this Agreement and additionally for a period of one year after its termination, solicit for employment or employ, whether as employee or independent contractor, any person who is or has been employed by the other during the term of this Agreement, without the prior written consent of the person's employer. Services Agreement - Lone Star Scuba, Inc. Page 6 of 18 City Sec No. Notwithstanding the foregoing, this provision shall not apply to an employee of either party who responds to a general solicitation of advertisement of employment by either party. 15. Governmental Powers. It is understood and agreed that by execution of this Agreement, City does not waive or surrender any of its governmental powers or immunities. 16. No Waiver. The failure of City or Vendor to insist upon the performance of any term or provision of this Agreement or to exercise any right granted herein shall not constitute a waiver of City's or Vendor's respective right to insist upon appropriate performance or to assert any such right on any future occasion. 17. Governing Law / Venue. This Agreement shall be construed in accordance with the laws of the State of Texas. If any action, whether real or asserted, at law or in equity, is brought pursuant tothis Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort WorthDivision. 18. Severabilitv. If any provision of this Agreement is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. 19. Force Majeure. City and Vendor will exercise their best efforts to meet their respective duties and obligations as set forth in this Agreement, but will not be held liable for any delay or omission in performance due to force majeure or other causes beyond their reasonable control, including, but not limited to, compliance with any government law, ordinance, or regulation; acts of God; acts of the public enemy; fires; strikes; lockouts; natural disasters; wars; riots; epidemics or pandemics; government action or inaction; orders of government; material or labor restrictions by any governmental authority; transportation problems; restraints or prohibitions by any court, board, department, commission, or agency of the United States or of any States; civil disturbances; other national or regional emergencies; or any other similar cause not enumerated herein but which is beyond the reasonable control of the Party whose performance is affected (collectively, "Force Majeure Event"). The performance of any such obligation is suspended during the period of, and only to the extent of, such prevention or hindrance, provided the affected Party provides notice of the Force Majeure Event, and an explanation as to how it prevents or hinders the Party's performance, as soon as reasonably possible after the occurrence of the Force Majeure Event, with the reasonableness of such notice to be determined by the City in its sole discretion. The notice required by this section must be addressed and delivered in accordance with Section 13 of this Agreement. 20. Headings not Controllin�. Headings and titles used in this Agreement are for reference purposes only, shall not be deemed a part of this Agreement, and are not intended to define or limit the scope of any provision of this Agreement. 21. Review of CounseL The parties acknowledge that each party and its counsel have reviewed and revised this Agreement and that the normal rules of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement or Exhibits A, B, and C. 22. Amendments / Modifications / Extensions. No amendment, modification, or extension of this Agreement shall be binding upon a party hereto unless set forth in a written instrument, which is executed by an authorized representative of each party. 23. Entiretv of Agreement. This Agreement, including Exhibits A, B and C, contains the entire understanding and agreement between City and Vendor, their assigns and successors in interest, as to the matters contained herein. Any prior or contemporaneous oral or written agreement is hereby declared Services Agreement - Lone Star Scuba, Inc. Page 7 of 18 City Sec No. null and void to the extent in conflict with any provision of this Agreement. 24. Counternarts. This Agreement may be executed in one or more counterparts and each counterpart shall, for all purposes, be deemed an original, but all such counterparts shall together constitute one and the same instrument. 25. Warrantv of Services. Vendor warrants that its services will be of a high quality and conform to generally prevailing industry standards. City must give written notice of any breach of this warranty within thirty (30) days from the date that the services are completed. In such event, at Vendor's option, Vendor shall either (a) use commercially reasonable efforts to re-perform the services in a manner that conforms with the warranty, or (b) refund the fees paid by City to Vendar for the nonconforming seroices. 26. Immigration Nationality Act. Vendor shall verify the identity and employment eligibility of its employees who perform work under this Agreement, including completing the Employment Eligibility Verification Form (I-9). Upon request by City, Vendor shall provide City with copies of all I-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Vendor shall adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any Vendor employee who is not legally eligible to perform such services. VENDOR SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY VENDOR, VENDOR'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. City, upon written notice to Vendor, shall have the right to immediately terminate this Agreement for violations of this provision by Vendor. 27. Ownershig of Work Product. City shall be the sole and exclusive owner of all reports, work papers, procedures, guides, and documentation, created, published, displayed, and/or produced in conjunction with the services provided under this Agreement (collectively, "Work Product"). Further, City shall be the sole and exclusive owner of all copyright, patent, trademark, trade secret and other proprietary rights in and to the Work Product. Ownership of the Work Product shall inure to the benefit of City from the date of conception, creation or fixation of the Work Product in a tangible medium of expression (whichever occurs first). Each copyrightable aspect of the Work Product shall be considered a"work-made- for-hire" within the meaning of the Copyright Act of 1976, as amended. If and to the extent such Work Product, or any part thereof, is not considered a"work-made-for-hire" within the meaning of the Copyright Act of 1976, as amended, Vendor hereby expressly assigns to City all exclusive right, title and interest in and to the Work Product, and all copies thereof, and in and to the copyright, patent, trademark, trade secret, and all other proprietary rights therein, that City may have or obtain, without further consideration, free from any claim, lien for balance due, or rights of retention thereto on the part ofCity. 28. Signature AuthoritX. The person signing this Agreement hereby warrants that he/she has the legal authority to execute this Agreement on behalf of the respective party, and that such binding authority has been granted by proper order, resolution, ordinance or other authorization of the entity. This Agreement and any amendment hereto, may be executed by any authorized representative of Vendor whose name, title and signature is aff'ixed on the Verification of Signature Authority Form, which is attached hereto as Exhibit "C". Each party is fully entitled to rely on these warranties and representations in entering into this Agreement or any amendment hereto. 29. Change in Com�anv Name or Ownershi�. Vendor shall notify City's Purchasing Manager, in writing, of a company name, ownership, or address change for the purpose of maintaining updated City records. The president of Vendor or authorized official must sign the letter. A letter indicating changes in a company name or ownership must be accompanied with supporting legal documentation such as an updated W-9, documents filed with the state indicating such change, copy of the board of director's resolution approving the action, or an executed merger or acquisition agreement. Failure to provide the specified documentation so may adversely impact future invoice payments. Services Agreement - Lone Star Scuba, Inc. Page 8 of 18 City Sec No. 30. No Bovcott of Israel. If Vendor has fewer than 10 employees or this Agreement isfor less than $100,000, this section does not apply. Vendor acknowledges that in accordance with Chapter 2270 of the Texas Government Code, the City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this contract, Vendor certifies that Vendor's signature provides written verification to the City that Vendor: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiples. (signatuYe page follows) Services Agreement - Lone Star Scuba, Inc. Page 9 of 18 City Sec No. ACCEPTED AND AGREED: CITY OF FORT WORTH: �G�� � Gf/C;¢���sv Valerle Washington (Mar25, 20211328 C ) By: Name: Valerie Washin t�on Title: Assistant City Mana�er 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. B�7 r4.C�ry L.�+�e- J' AlanLake(Mar25,202110:14CDT) �ate: M a r 25, 2021 APPROVAL RECOMMENDED: J s Davls (Mar25, 202111:01 CDT) Name: Jim Davis Title: Fire Chief ATTEST: I�i i� � ? � / „ By: Name: Mary Kayser Title: City Secretary VENDOR: Lone Star Scuba, Inc. h�a�uce-G �. Mcrrctv-v�rr Name: Manuel A Montoro, President Date: 24 March 2021 Name: Alan Lake Title: Fire Captain APPROVED AS TO FORM AND LEGALITY: christoaher �ustricr B Christopher ustria(Mar25,202ll324CDT) Name: Christopher Austria Title: Assistant City Attorney CONTRACT AUTHORIZATION: M&C: N/A (Ordinance No. 24089-03-2020) Services Agreement - Lone Star Scuba, Inc. OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX City Sec No. ��►:�:ii:��r:� �� � ; DETAILED SCOPE OF SERVICESISPECIFICATIONS 1.0 Service Items: 1.1 Scuba Pro brand bi annual service - lst stage regulators: 1.1.1 Visual inspection of all exterior components. 1.1.2 Disassembly and inspection of intemal components. 1.1.3 Hydro-sonic cleaning of all replaceable parts. 1.1.4 Replace all 0-rings and routinely perishablelreplaceable parts. 1.1.5 Reassembly of all paRs to the correct torque specifications and adjust for proper pressure reduction. 2.2 Scuba Pro brand bi annual service - 2nd stage regulators: 2.2.1 Visual inspection oi all exterior components. 22.2 Disassembly and inspection of intemal components. 2.2.3 Hydrasonic cleaning of all replaceable parts. 2.2.4 Replace all O-nngs and routinely perishablelreplaceable paRs. 2.2.5 Reassembly of all parts to the correct torque specifications and adjust (or proper pressure reduction. 22.6 Test ihe ability of second stage to hold intermediate pressure. 2.2.7 Test and adjust the crecking pressure for proper inhalation eftoR. 2.3 Ocean Reef brand full face piece service - annual: 2.3.1 Ocean Reef full face pieces require all of the above, plus: 2.3.2 Pressure test the positive pressure integrity of the face mask. 2.3.4 InspecVreplace head straps, nose blocks, face cup and one way flapper valves. 2.4 Oceanic brand dive computer annual service: 2.4.1 Pressure test unit to a functional depth of 330'. 2.4.2 Inspections of buttons. 2.4.3 Replace battery. 2.4.4 Replace battery compartrnent 0 ring and water proof integrity test of the computer. ITB 21-0040 Dive Equipment and Service 36 of 51 Services Agreement - Lone Star Scuba, Inc. - Exhibit A Page 11 of 18 City Sec No. 3.0 Requirements: 3.1.1 The vendor must be a certified Scuba Pro dealer and have a Scuba Pro technician on staff to service and maintain the gear. 3.1.2 The vendor must be an Ocean Reef dealer. 3.1.3 The vendor must be a Diving Unlimited International dealer. 3.1.4 The Vendor must be certified to be able to provide Service for the existing equipment and the new equipment Fire Department will acquire. 3.1.5 The vendor must have a physical location within the City of Fort Worth limits. Vendor shall provide the following goods: 4.0 Dive Equipment Specifications 1. ScubaPro Spectra Dive Mask 2. ScubaPro Apnea J-Snorkel 3. ScubaPro Delta Booties 4. ScubaPro Jet Fins 5. ScubaPro Sport Steamer 3mm Wetsuit 6. ScubaPro mesh equipment bag 7. Standard weight belt 8. Weights 4.1 Industry Standard Equipment Service 9. ScubaPro Bi-Annual Service for 1 S� stage regulators 10. ScubaPro Bi-Annual Service for 2"d stage regulators 11. ScubaPro Annual Service for Balanced Pressure Inflators 12. ScubaPro Annual Service BCD's 13. DUI Drysuit Annual Service/Pressure test 14. Ocean Reef Full Face Mask (FFM) annual 2"d stage service 15. Cylinder Annual VIP 16. Cylinder Hydrostatic test every 5 years 17. Oceanic Dive Computers annual service/battery change Services Agreement - Lone Star Scuba, Inc. - Exhibit A Page 12 of 18 City Sec No. 4.2 Operational Equipment 18. ScubaPro MK17(DIN) 1St stage 19. ScubaPro G260 2nd stage 20. ScubaPro R095 octopus 2"d stage 21. ScubaPro Analog 2-gauge console 22. ScubaPro backplate(BP)/Wing BCD 23. Ocean Reef Ironman full face mask (FFM) 24. Ocean Reef FFM Nose block and adapters 25. Omni-Swivel gas switch block 26. Cylinder AL80 DIN-compatible 27. Cylinder AL19 DIN-compatible 28. Ocean reef Quick-connect/disconnects 29. DUI 3'd generation weight harness 30. HP port plug O-rings 31. LP port plug O-rings 32. Cylinder O-rings 33. Cylinder O-rings (DIN) 34. LP hose primary 35. LP hose yellow-octopus 36. HP hose spg-gauges 37. DUI Drysuit TLS-350 PSD 38. DUI Drysuit neck seals 39. DUI Drysuit wrist seals 40. Trident quick-draw pony bottle bracket 41. Pony bottle pressure gauge 42. ScubaPro Jet-Fin heal strap 43. Drysuit Hangers 44. DUI Drysuit rock boots assorted sizes Services Agreement - Lone Star Scuba, Inc. - Exhibit A Page 13 of 18 City Sec No. 4.4 Training Equipment 45. ScubaPro Level BCD Jacket style 46. ScubaPro MK2/R195 47. ScubaPro R095 Octopus 48. ScubaPro 2-gauge console 49. Octopus keep 50. Snap-ring gauge keeper 51. Zip-ties 52. Cylinder AL80 DIN-compatible 53. Cylinder AL19 DIN-compatible 54. ScubaPro backplate(BP)/Wing BCD 55. ScubaPro MK17(DIN) 1St stage 56. Ocean Reef Ironman full face mask (FFM) 57. Omni-Swivel gas switch block 58. Trident quick-draw pony bottle bracket 59. Pony bottle pressure gauge 60. DUI Drysuit 61. BCD Hangers 62. Wetsuit Hangers 63. Drysuit Hangers 64. DUI Drysuit rock boots assorted sizes Services Agreement - Lone Star Scuba, Inc. - Exhibit A Page 14 of 18 City Sec No. EXHIBIT B F�,k, w�,k� H �- CITY OF FORT WORTH BID OFFER EventlD Page Invited: ,^'i7"':-:1-OOdO 1 Event Round Verslon t t Event Name ITB Dive me t a d v�ce Start Tlme Flnish Time Submit To: Ciry of Fort Worth 01 20 :0' 11 0 1 PURCHASING DIVISION LOWER LEVEL CITY HALL 200 TEXAS ST. Fort Worth TX 76102 United States Email: Ft�1SPurchasingResponses@fom•:orthtexas.gov ': . 1 Line Details Line: � Descrlptlon: ary Unit UnitPrlce Total ScubaPro Spectra Drve Mask 20.00 EA color Black P;N 2A.&i7.700 Brand Name or Indude $45.50 '$9� �.�� Manufacturer Equal Line: 2 Description: Qty Unit UnitPrice Total ScubaPro Apnaa J-Snorlcel PiN 26.730.000 20.00 EA Brend Neme or Indude ntaoufacturer Equa� $14.30 $286.00 Llne: 3 Descrlptlon: Qry Unit UNtPdce Total ScubaPro Delta Dive Boot. Sm 20.00 PR P N 57.138.0990 Brand Name or Indude Manufaeturer or Equal $42.9� $$58.�� Line: a Description: Qty Unit UnkPrice ToWI ScubaPro Jat Fin P!N 25.351.00Brand Name or 20.00 EA i"a°d� ti�e"�+°`m`�. EQ°°i $91.00 $1820.00 Line: 5 Description: Scuba Pro Trinidad 3 drve mask Blue P;N 21.156.200 8rand Name a Irxlude Menufacturer a Equal za iv. _�u ica, a d p:r� numoa�� ary Unft UnitPrice 20.00 EA Total $29.9� $598.00 Line: 6 Descrlotlon: Otv Untt UnttPrlce Total Scuba Pro Zoom dive mask 20.00 EA Black P�N 24.157.012 Brand Name a InUude Menufecturer u Eqwl $41.60 $$32.0� Line: 7 Description: Gry Unit UnitPrice Tocal Scuba Pro Tnnidad adult mesk�snorkel combo Black 20.00 EA PrN 2S082D00 Brand Name or Induda ManufecNrar Equel $4Z.9O $858.00 Line: 8 Descrlptlon: QtV Untt UnitPrlce Total Scube Pro Delta Short dive boot. 3mm 20.00 PR a N s� iss ioo $31.20 I $624.00 Brand Name or Indude Manufacturer Equal , , , ITB 21-0040 Dive Equipment and Service 3oi51 Services Agreement - Lone Star Scuba, Inc. - Exhibit B Page 14 of 18 City Sec No. FOR'I' WURTH �- CITY OF FORT WORTH BID OFFER EventlD Page Invited: ceH_i-;:i-oaao a Event Round Version 1 1 Event Name 1'1'3 iliv�� t u • l.i � v� -� Start Time Finish Time Submit To: City of Fort Worth oi zo zozi oo:oo:oo csr oz ii zozi ia:�o:oo csr PURCHASINGDIVISION LOWER LEVEL CITY HALL 200 TEXAS ST. Fort Worth TX 76102 United States Email: FMSPurchasingResponsesQfortworthtexas.gov Line: 9 Description: Qry Unit UnitPrice Total Scuba Pro Jet Sport Fin 20.00 EA P�N 25.879.200 8rand Name or Include Manufadurer Equal $49.40 $988.00 Line: 10 Description: Qty Unit UnitPrice Total Scuba Pro Sport Steamer G2, 3mm .vetsuit, men 20.00 EA BlackYello.vPrN63.648.200 $119.60 $2.3�2.�� Brand Name or Include Manufacturer Equal Line: 11 oecennnen� Gtv UNt UnitPrice Total Scube Pro Sport Steamer G2 , 3mm v;etsuit. •,vomenBrend p/N 20.00 EA 63.851.100 Brand Name or Include $119.60 $2,392.00 A�lenufecturer Equal Line: 12 Descrip[ion: pry Unit UnitPrice Total Scu6a Pro MK77lG280 �DIN), 1st stage reguletor 10.00 EA combo P-N 12.172.030 Brend Nama a Indude Manufadurar $499.00 $4,990.00 Equal ��� ��N:i[NI � 11 Jli:i l�M) (YiN51tY iMnr1�L [mptnmK mi t�.tlHN�:tt [MVn ihis yv.V Line: 13 Descriptlon: pN Unit UnItPAce Total �o.00 �, Scuba Pro MK2/R195 regulatw PIN 12.118.000 Brand Name or Indude Manufacturer Equal $258.70 $2,587.�� Line: 74 Description: pry Unit UnitPrlce Total Scuba Pro R095 Octopus 2nd stage regulator P!N 15.00 EA 11.330.100 Brond Name or InGude Manufacturer Equal $101.40 $1,521.00 Llne: 15 Description: pN Unit UnItPAte Total Scuba Pro 2-Gauge U•Line 5.00 EA PGpsi console PrN 05.012.210 Brand Name or Include Manufacturer Equal $123.50 $617.50 II:� II I l��II IN,N �.nrtt-r.IM in Im�YnY .wYSm n t�t mt M1Mterc� Llne: 16 Descrlutlon: aN Unit UnitPrice Total Ocean Reet FFM rase blotk and adapters for the Iron 10.00 EA Mask P�N 6926,6927,6928 Brand Name w Include $ � 2.8� $ � 28. �� blanufaturer Equal Llne: 17 DeStflDtlon: Qty Unit UnitPrice Total Omni-Swivel gas switch black 2.00 EA P/N G58- R/L erand Name or Include Manutacturer Equai $315.00 $630.0� ITB 21-0040 Dive Equipment and Service 4of51 Services Agreement - Lone Star Scuba, Inc. - Exhibit B Page 15 of 18 City Sec No. FORT WORTH � CITY OF FORT WORTH BID OFFER EventlD Page Invited: CFWO1-21-0040 5 EventRound Version 1 1 Event Name ITB Dive E ui ment and Service Start Time Finish Time Submit To: City of Fort Worth oi za zozi oe:oo:oo csT oz ii zozi is:so:oo csT PURCHASING DIVISION LOWER LEVEL CITY HALL 200 TEXAS ST. Fort Worth TX 76102 United States Email: FMSPurchasingResponses@fortworthtexas.gov Line: 18 Description: Qty Unit UnitPrice Total Catalina AL80 cylinder. DIN compatible 10.00 EA PiN S80Brend Name or Include Manufacturer Equal $,� $$.00 $,� ,$$O.00 SWstiWte htetal Impact (US made) AL80 wIN DIN convertlble valve Line: 19 Description: Qty Unit UnitPrice Total Catalina AL19 cylinder. DIN compatible Part #S19 10.00 EA Brend Name or Include Manufacturer Equal $� 44.�� $1 ,44�.�� SWstitute M17etal Imoact lUs maael AL79 with DIN mnvertiule valve Line: 20 Description: �ty Unit UnitPrice Total DUI CX0100 dry suit replacement neck seals SKU 20.00 EA 302260 Brend Name or Include Manufacturer Equal $89.70 $1,794.00 Line: 21 Description: QtV Unit UnitPrice Total DUI CX0100 dry suit replacement wrist seals SKU 20.00 EA 302275 Brand Name or Include Manufacturer Equal $63.70 $� ,274.00 Line: 22 Description: otv Unit UnitPrice Total DUI dry suit rock boots. assorted sizes SKU 720724 75.00 EA Brend Name or Include Manufacturer Equal $78.00 $cJ,8cJ� Description: Qty Unit UnitPrice Total Scuba Pro brand bi annual service - tst 10.00 EA stage regulators: Per Service $75.00 $750.00 Line: 24 Description: QtV Unit UnitPrice Total Scuba Pro brend bi annual service - 2nd 10.00 EA stage regularors: Per Service $53.00 $530.00 Line: 25 Description: Qtv Unit UnitPrice Total Ocean Reef brend full face piece service - 10.00 EA annual: Perservice $140.00 $1,400.00 Line: 26 Description: Qty Unit UnitPrice Total Oceanic brand dive computer annual service: 2.00 EA Per Service $15.00 $30.00 ITB 21-0040 Dive Equipment and Service 6of51 Services Agreement - Lone Star Scuba, Inc. - Exhibit B Page 16 of 18 City Sec No. FORT WOR"I H --�'*'�- CITY OF FORT WORTH BID OFFER EventlD Pege Invited: CFWC___i_p��;j Event Rountl Version 1 1 EventName i a u • � � Stert Tlme � Rlnish Time Submit To: City of Fort Worth ailzc/zozi oa:oo:oo csr oz/ii;zozi i3:3o:0o csT PU RCHASING DIVISION LOWER LEVEL CITY HALL 200 TEXAS ST. Fort Worth TX 76102 United States Email: FMSPurchasfngResponses(8fortworthtexas.gov rot�� std Amovae� $37,979.60 ITB 21-0040 Dive Equipment and Service 7oi51 Services Agreement - Lone Star Scuba, Inc. - Exhibit B Page 17 of 18 City Sec No. EXHIBIT C VERIFICATION OF SIGNATURE AUTHORITY Lone Star Scuba, Inc. 2815 Alta Mere Drive Fort Worth, Texas 76116 Execution of this Signature Veri�cation Form ("Form") hereby certifies that the following individuals and/or positions have the authority to legally bind Vendor and to execute any agreement, amendment or change order on behalf of Vendor. Such binding authority has been granted by proper order, resolution, ordinance or other authorization of Vendor. City is fully entitled to rely on the warranty and representation set forth in this Form in entering into any agreement or amendment with Vendor. Vendor will submit an updated Form within ten (10) business days if there are any changes to the signatory authority. City is entitled to rely on any current executed Form until it receives a revised Form that has been properly executed by Vendor. Name: Manuel A Montoro POS1YlOri: President ������c�r.�-G �t. M.Gwc#v"�(% Signature 2. Name: Position: Signature 3. Name: Position: Signature Name: li�t�;�uLE(i �;. NtU�vLtTl-{^U-- Signature of President / CEO Other Title: President Date: 24 March 2021 Services Agreement — Exhibit C Page 18 of 18