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HomeMy WebLinkAboutContract 5557755577 City Secretary Contract No. 4.2 Non-appropriation of Fr�nds. ln the event no fun�s or insuf�cient 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 termizaate on the last day of the fiscal period for which appropriations were received withaut penatty or expense to City of aRy icind whatsoever, except as to the portions of the paytnents herein agreed upon for which funds have been appropriated. 4.3 Duties and �bli�ations of the Parties. In the event that this Agreement is tenninated prior to the Expiration Date, Czty 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 khis Agreement for any reason, Vendor shal] 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 a�l City provided data to City in a machine readable format or other format deemed acceptable ta City. 5. Disclosure of Conflicts and Confidential Infarmation. S.I Disclosure of Conflicts. Vendor hereby warrants to City that Vendor has made full disclosure in writing of any existing or potential conf�icts of interest related to Vendor's services under this Agreement. In the event that any conflicts of interest arise after the Effective Date of this Agreement, Vendor hereby agrees immediately to make full disclosure to City in writing. 5.2 Confiidential Infarmation. Vendor, for itself and its officers, agents and employees, agrees that it shall treat all information provided to it by City ("City Ir�formation") as confidential and shall not ciisclose any such information to a third party without the prior written approval of City. 5.3 Public Tnformation Act. City is a government entzty under the Iaws of the State of Texas and atl documents held or maintained by Ciry are subject to disclosure under the Texas Public Information Act. In the e�ent 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 ta disclosure. A determination on whether such reasons are sufficient wil� not be decided by City, but by the Uffice of the Attomey General of the State of Texas or by a court of competent jurisdiction. 5.3 Unauthorized Access. Vendor shall store and maintain City Information in a secure manner and shall not allow unauthorized users to access, �nodify, delete or otherwise corrupt City [nformation in any way. Vendor shall notify City immediately if the security or integrity nf any City Information has been compromised or is believed to have been compromised, in which event, Vendor shall, in good faith, use aIl commercialfy reasonable eiforts to cooperate with City in identifying what information has been accessed by unauthorized means and shall fully cooperate with City to prokect such City Informatian fram further unauthorized disclosure. 6. Right to Audit. Vendor agrees that City shall, until the expiration of three (3) years after final payment under this contract, or the final conclusian 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, al! electronic records, of Vencfor involving transactions relating to this Agreement at no additional cost to City. Ver�dor agrees that City shal] have access during Vendor Services Agreement Page 2 of 14 City Secretary Contract No. nonna] working hours to all necessary VeRdor facilities and shall be provided aclequate 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. Independent 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 excl�sive right to control the detaiIs of its operations and activities and be solely responsible for the acts and omissions of its officers, agents, servants, employees, Vendars and subVendors. Vendor acknowledges that the doctrine of respondeat superior shall not apply as between City, its officers, agents, servants and employees, and Vendor, its officers, agents, employees, servants, Vendors and suhVendors. Vendor further agrees that nathing herein shatl be construed as the creation of a partnership or joint enterprise between City and Vendor. It is further understood that City shatt in no way be considered a Co-employer or a Joint employer of Vendor or any officers, agents, servants, ernployees or subVendor of Vendor. Neither Vendor, nar any ofiicers, agents, servants, employees or subVendor of Vendor shall be entitled to any employment benefits from City. Vendor shatl be responsible and liable for any and all payment and reporting of taxes on behalf of itself, and any of its officers, agents, servants, employees or subVendor. 8. Liability and Indemniiication. 8.1 LIABILITY - VENDOR SHALL BE LIABLE AND RESPONSIBLE FOR ANY AND ALL PROPERTY L4SS, PROPERTY DAMAGE AND/OR PERSONAL IN.IURY, 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 INTENTIQNAL MISCONDUCT OF VENDOR, ITS OFFICERS, AGENTS, SERVANTS �R EMPLOYEES. 8.2 GENERAL INDEMNIFICATION - VENDOR HEREBY COVENANTS AND AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR LAWSUITS OFANYKIND OR CHARACTER, WHETHER R�'AL OR ASSERTED, FOR EITHER PROPERTYDAMAGE OR LDSS (INCLUDINGALLEGED DAMAGE OR LOSS TO VENDOR'S BUS.fNESS AND ANY RESULTING LDST PROFITSJ AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, TO THE EXTENT CAIISED BY THE NEGLIGENT ACTS DR OMISSIONS OR MALFEASANCE OF VENDDR, ITS OFFICERS, AGENTS, SER [jANTS OR EMPLDYEES 8.3 INTELLECTUAL PROPERTY INDEMNIFICATION — Vendar agrees to defend, settle, or pay, at its own cost and expense, any daim or action against City for infringement of any patent, copyright, trade m�rk, trade secret, or similar property right arising from City's use of the so�trvare and/or documentation in aceordance with this Agreement, it bei�g �ndersrood that this agreement to defend, settle or pay shall not appty if City madi�es or misuses t�e software andlor documentation. So long as Vendor bears the cast and expense of payment for claims or actions against City pursuant to this section, Vendor shall have the right to conduct the defense of any sach claim or actian and all negotiations for its settEement or compro�nise and to settle or compromise any such claim; however, City shali have the right to fut�y participate in any and a[! such settlement, negotiations, or lawsuit as necessary to protect City's interest, and City agrees to covperate Vendor Services Agreement Page 3 of 14 City Secretary Contract No. 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 concluct the defense of any such c[aim or action and all negotiateons for its settlement or compromise and to settle or compromise any such claim; however, Vendor shall fully participate ana cooperate with City in defense of such claim or action. City agrees io 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 assumptio� 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 heid to infringe and the use thereof is enjoined or restraened 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 andlqr documentatior� to mnake it non-infringing, provided that such modification does nat materially adversely affect City's authorized use of the software and/or documentation; or (c) replace the software and/or documentatian with equally suitable, compatible, and functianally equivalent non-infringing software and/or dacumentation at no additional charge to City; or (d) if none of the foregoing alternatives is reasonably available to Vendor terminate this Agree�nent, and refund all amounts paid to Vendor by City, subsequent to which terminat�on City may seek any and all remedies available to City under law. Assignment and Subcontractin�. 9.1 Assi�nment. Vendor shall not assign or subcontract any of its duties, obligations ar rights under this Agreement wtthout 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 khe assignee agrees to he bound by the duties and obligations of Vendor under this Agreement. Vendor and Assignee shall be jointly fiable 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 shal] execute a written agreement with Vendor referencing this Agreement under which sub Vendor shall agree ta be bound by the duties and obligatioas of Vendor under this Agreement as such duties and obligations tnay apply. Vendor shall provide City with a fu�ly executed copy of any such subcontract. �0. Insurance. Vendor shall provide City with certificate(s) of insurance documenting policies of the following types and minimum coverage limats that are to be in effect prior to commencement of any work pursuant ta this Agreement: 10.1 Covera�;e and Limits (a) Commercial General Liability: $1,000,000 - Each Occurrence $2,000,000 - Aggregate {b) Automobile Liability: Vendor Services Agreement Page 4 oi 14 City Secretary Contract Na. $1,004,000 - Each occurrence on a combined single limit basis Coverage shal] 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 �ehicle owned, hired and non-owned. (c) Worker's Compe�sation: Statutory limits according to the Texas Workers' Compensation Act ar any oti�er state workers' compensatian laws where the work is being performed Employers' liability $100,a00 - Bodily Injury by accident; each accident/occurrence $100,040 - Bodily Injury by disease; each employee $500,000 - Bodily Injury by disease; po]icy limit 10.2 General Requirements {a) The commercial gez�era! liability and automobile liabiiity policies shall name City as an additional insured thereon, as its interests may appear. The term City shal] include its emplayees, 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 "�hirty {30) days' notice of cance�lation or reduction in limits of coverage shall be provided to City. Ten (10) days' notice shal! be acceptable in the event of non-pa}nnent of premium. Notice shal� be sent to the Risk Manager, City of Fort Worth, 2d0 Texas Street, Fort Worth, Texas 76202, with copies to the Fort Worth City Attomey at the same address. (d) The insurers for all poficies must be iicensed and/or approved to do business in the State of Texas. All insurers must have a minimum rating of A- VIT in the current A.M. Best Key Rating Guide, or have reasnnably equivalent financial strength and solvency to the satisfaction of Risk Management. If the rating is beIow that required, written approval of Risk Management is required. (e) Any failure on the part of City to request required insurance documentation shall nat constitute a waiver of the insurance requirement. (� Certificates of Insurance evidencing that Vendar has obtained al! required insurance shall be deiivered to the City prior to Vendor proceeding with any work pursuant to this Agreement. 11. Compliance with Laws, Ordinances, Rutes and Regulations. Vendor agrees that in the performance af its ob�igations hereunder, it shall comply with all applicable federal, state and local laws, ordinances, rules and regulatians and that any work it produces in connection with this Agreement wilt alsa Vendar Services Agreement Page 5 of 14 City 5ecretary Contract No. camply with all applicable federai, state and local laws, ordinances, rules and regulations. If City notifes Vendor of any violation of such laws, ordinances, rules or regulations, Vendor shall immiedaately desist from and correct khe violation. 12. Non-Discriminatiqn Covenant. Vendor, for itself, its personal representatives, assigns, subVendors and successors in inierest, as part of the consideration herein, agrees that in the performance of Vendor's duties and ohligations hereunder, it shall not discriminate in the treatment or emplaymenk of any individual or group of individuals on any basis prohibited hy law. 1F ANY CLAIM ARISES FROM A��i ALLEGED VIOLATION OF THIS NON-DISCRIMINATION COVENANT BY VENDOR, ITS PERSONAL REPRESENTATIVES, ASSIGNS, SUBVEND�RSS OR SUCCESSORS IN INTEREST, VEND�R AGREES T� ASSUME SUCH LIABILITY AND TO INDEMNIFY AND DEFEND CITY AND HOLD CITY HARMLE55 FROM SUCH CLAIM. 13. Notices. Notices required pursuant to the provisions of this Agreement sha[1 be conclusively determined to have been delivered when (1) hand-delivered to the other party, its agents, empioyees, 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 Warth Attn: Depaty City Manager 200 �'exas Street Fort Worth, TX 76 ] Q2-6314 Facsimile: ($17) 392-$654 To VENDOR: Er�vironmentai Logistics Co, LLC. Amy Gilbreath, President 413 Metro Park McKinney, TX 75070 Facsimile: agilbreath@envirofogistics.com With copy to Fort Worth City Attprney's 4ffice at same address 14. Solicitation of Emqlovees. Neither City nor Vendor shall, during the term of this Agreement and additionally for a penod of one year after its termination, solicrt 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, witho�t the prior written consent of the person's employer. Notwithstanding the foregoing, this provision shall not apply to an employee of either party who responds to a general solicztation of advertisement of employment by eit�►er party. 15. Governmenta! Powers. [t 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 failur� of City or Vendor to insist upon the performance of any term or provisinn 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. Governin� Law / Venue. This Agreement shalt be construed in accordance with the ]aws of the State of Texas. If any action, whether real ar asserted, at law or in equity, is brought pursuant to this Agreernent, venue for such action shall lie in state courts located in Tarrank County, Texas or the United States District Court for the Northern District of Texas, Fort Worth Division. Vendor Services Agreernent Page 6 of 14 City Secretary Contract No. 18. Severabilitv. If any provision of this Agreement is held to be invalid, i2legal or unenforceable, the validity, legality and enforceability of Ehe remaining provisions shall not in any way be affected or i�npaired. 19. Force Maieure. City and Vendor shall exercise theiz best efforts to meet their respective duties ar�d 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, includiRg, but not limited to, compliance with any government law, ordinance or regulation, acts of God, acts of the public enemy, fires, strikes, lockouts, natural disasters, wars, riots, material or labor restrictions by any gavernmental authority, transportation problems andlor any other similar causes. 20. Headinss not ControllinE. Headings and titles used in this Agreerr�ent are for reference purposes only, shall not be deemed a part of this Agreement, and are not intended to define or limit the scope af any provisian of this Agreement. 21. Review of CounseL The parties acknowledge that each party and its counsel ha�e reviewed and revised this Agreement and that the normal niles of construction to the effect that any ambiguities are to be resolved against the drafting party shalt not be employed in the interpretation of this Agreement or Exhibits A, B, and C. 22. Amendments / Modifications 1 Extensions. No amendment, modification, or extension of this Agreeroent shall be binding upon a party hereto unless set forth in a written instniment, which is executed by an authorized representative of each party. 23. Entirety of Agreement. This Agreement, includzng Exhibits A, B and C, contains the entire understanding and agreement hetween C�ty and Vendor, their assigns and successors in interest, as to the matters contained herein. Any prior ar contemporaneous oral or written agreement is hereby declared null and void to the extent in canflict with any provision of this Agreement. 24. Counterparts. This Agreement may be executed in one or more counterparts and each counterpart shall, for all purposes, he deemed an original, but all such counterparts staall together constitute one and the same instrument. 25. Warranty of Services. Vendor warrants that its services wi11 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 Vendor for the nonconforming services. 26. ImmiQration Nationality Act. Vendor shall verify the identity and employment eligibility af its emp3oyees 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 Vendar employee who is not legalty eligible to perfornn such services. VENDOR SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATiONS OF THIS PARA,GRAPH BY VENDOR, VENDOR'S EMPL4YEES, SUBCONTRACTORS, AGENTS, OR Vendor Services Agreement Page 7 of 14 City Secretary Contract No. LICENSEES. City, upon written notice to Vendor, shall have the right to immediately terminate this Agreement far violations of this provision by Vendor. 27. Ownership of Work Product. City shall be the sole and exclusive owner of all reports, work papers, procedures, guides, and c�ocumentation, created, published, disp�ayed, and/or produced in conjunction with the services provided under this Agreement (collectively, "Work Product"). Ftirther, City shall be the sole and exclusive owner of all copyright, patent, trademark, trade secret and other proprietary rig�ts 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 fixaiion of the Work Produci in a tangible medium of expression (whichever occurs first). Each copyrightable aspect of the Work Product shalt be considered a"work-made- for-hire" within the meaning of the Copyright Act of 14'76, as amended. lf and to the extent such Work Prod�ct, or any part thereof, is not cansidered a"work-made-for-hire" within the meaning of the Copyright Act of 1976, as amended, Vendor hereby express[y assigns to City al] exclusive right, title and interest in and to the W ork Product, and all copies thereof, and in and to khe copyright, patent, trademark, trade secret, and all other proprietary rights kherein, that City may have or obtain, without further consideration, free from arty claim, lien for balance due, or rights of retention thereto on the part of City. 2$. Signature Authority. The person signing this Agreement hereby warrants that he/she has the lega] authority to execute this Agreement on behalf of the respective pariy, 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 authoriz�d representative of Vendor whose name, tttle and sigraature is affixed on the Verification of Signature Authority Fvrm, 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. Chan�e in Comuany 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 Vendar or authorized official must sign the letter. A letter indicating changes in a company name or ownership must be accompanied with supporting Iegal 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 documentatian so may adversely impact future invoice payments. 30. No Bovcott of Israel. If Vencior has fewer than 10 employees or this Agreement is %r less tha� $100,OU0, this section does not apply. Vendor acknowledges that in accordance with Chap[er 2270 of khe Texas Govemment Code, the City is prohibited from entering into a contract with a company far goods or services unless the contract contains a written verification froin the company that it: (1) does not boycott Israel; and (2) will not baycott Israel during the term of the contract. The terms "boycott Israel" and "company" shall have the meanings ascribed to those terms in Section 84$.001 of the Texas Government Code. By signing this contract, Vendor certifies that Ve�dar's signature provides written verification to the City that Vendor: (1) does not boycott Israel; and (2) wil! not boycatt Israe� durfng the term of the contract. IN W[TNESS WHEREOF, the parties hereto have executed this Agreement in rriultiples. (.signature page follows) Vendor Services Agreement Page 8 of 14 City Secretary Contract No. ACCEPTED AND AGREED: CITY OF FORT WORTH T`"� � Jesus Chapa (Apr15, 20211612 CDT) B y. Name: Jesus J. Cha�a Title: Deputy City Manager APPROVAL RECOMMENDED: ������� Neil Noakes (Apr 14, 202119:35 CDT) B y. Name: Neil Noakes Title: Chief of Police 0 ATTEST: p �o � � ���� � �� d� /'�Y�v�U �� 0 �� By' U Natne: Mary J. Kayser Title: City Secretary CONTRACT COMPLIANCE MANAGER: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring a11 performance and reporting requirements. � �..-k«Y B�. asha Kane (Apr 12, 20211521 CDT) Name: Sasha Kane Tit1e: Sr. Contract Cornpliance Specialist APPROVED AS TO FORM AND LEGALITY: _� �'�� a� BY' J Y Name: Jessika Wiiliams _ Title: Assistant City Attorney CONTRACT AUTHORIZATION: M&C: (None Reyuired) Date Approved: ENVIRQNMENTAL LOGISTICS COMPANY, LLC / � By: Name: Amy G'1 r a Title: President Form 1295 Certiiication No.: N/A �FFICIAL REC�RD CITY SECRETARY FT. W�RTH, TX Vendor Services Agreement Page 9 of 14 City Secretary Contract Na. EXHIBIT A SCOPE OF SERVICES Vendor will provide weapons range lead cleaning and filter replacement on an as tteeded basis for the Fort Worth Police Department. t.0 VENDORREQUIREMENTS 1.1 The Vendor shall perform the following services below at the listed areas: 1.1.1 The cleaning of all range floors. 1.1.2 T1ie cl�aning of all bullet traps for allranges. 1.1.3 The cleaning of all control booths and weapon cleaning rooms. 1.1.4 The remaval and installation of pre-fitters, mid-filters and/or efficiency filters and proper packaging for �isposal. 1.1.4.1 FWPD will provide atl filters for services. 1.1.5 The c�eaning of all door mats. 12 Vendor shall provide all necessary labar, supplies, material, and equipment (with the exception of f Iters} lead cleaning services at the indoor weapons range, as identifed and ordered by the FWPD. Unit prices shall include the needed personnel and equipment as required for cleaning services. 1.3 The FWPD will provide notice to the Vendor when services are needed. The Vendor will have �ve (5) business days from notification to complete the required services. 1.3.1 Vendor shali designate at least one (1) person point of contact for services — Amy Gilbreath, a69-576-4398 and err►ail address is a ilbreath a)envirolo istics.com 1.32 Contractor's point of contact shall respond to calls, voicemails, and ernails within (24) haurs. 13.3 The City shall be notified of any changes in contact numbers or personnel. 1.4 Vendor shall perform services Monday-Fziday 8AM-SPM, excludingholidays. 1.5 The City reserves the right to rnake inspection of equipment at any ti�7�e during performance of this Agreement. 1.5.1 "�he City's contract administrator shal[ determi�e the acceptability of all work perfarmed based on the requirements herein defined under the Agre�inent's specification in evaluating services. 1.5.1.1 If services are not acceptable, the Vendor wi�l be required ta visit the facility and review and correct all problem areas within 24 hours of notification at no additional cost to the City. 1.5.1.2 Continued failure rnay result in Agreement reduction based on actua] damages and/or caRcellation of Agreement. Vendor Services Agreement Page 10 of i4 City Secretary Contract No. 1.6 Any equipment found to be in unsafe operating coRdition must bereplaced immediately. at the Vendor's expense. 1.7 Failure to provide suitable equipment for the performance of this Agreement could be grounds for the City to terminate Agreement. 2.0 WEAPONS RANGE 2.1 Smal] 25 yard range with five (5) lanes 2.2 Large 25 yard range with 30 lanes 2.3 50 yard range with 40 lanes 2.4 100 yard range with ten (10} lanes 2.5 Weapons Range is lacated at the Bob Bolen Public Safety Complex Administratian. 505 W. Felix Sc, Fort Worth, TX 76I 1S 2.5.1 Vendor shall enter building in full uniform and contact City's point of contact upon arrival. 3.0 BACK �URFACE OF BULLETTRAPS 3.1 The back surface of the bullet traps will be on an "as needed" basis on asemi-annual or annuaE basis depending on usage. 3.2 The Vendor must service the area using a HEPA filter-equipped vacuum. 3.3 The Ciry wil[ be responsible for the storage, trartsport and d�sposal of fead waste collected by Vendor. 3.3.1 The City reserves khe right to make inspection of equipment at any time during performance of this Agreement. 33.2 Any equipment found ta be in unsafe operating condition must be replaced immediately, at the Vendor's expense. 3.3.3 Fatlure to provide suitable equipment for the performance of this Agreement could be graunds for the City to terminate Agreement. 3.4 Bidders shall submit a current dated hazrnat or environmental cleaning license with their bid response. Vendor Services Agreement Page 11 af 14 City Secretary Contract No. 4.0 LAWS, REGULATIONS, AND ORDINANCES 4.1 The Vendor shali perform all work �n compliance with the following lawsand regulations: 4.1.1 U.S. Occupatronal Safety and Heaith Administration (OSHA}worker exposure regulation for lead (29 C�'R 192b.62, 1914.1 Q25) 4,].2 Resource Conservation and Recovery Act (Pub. L. 1 13-1 85 42 USC§ 6903) pertair�ing to special wastehandling 4.1.3 Texas Administrative Code (Title 30, Chapter 335} on solid waste handling Vendor Services Agreement Page 12 of 14 EXHIBIT B PRICE SCHEDULE F6RTI�VORT}[ � CITY OF FORT WORTH BID OFFER Evun! ID Pags Invited: Publ�c Event cs,�r.__._�,.,. Evant Round Vereian Erent Harr'e i-F �roap�:�.. :�a .r �.M.�,, ,-,.6... : 6 ��:i,,.� :o�,-�,�,. SubmitTo: C�tyoffortWarih Start Timc � Finish 7tme PURCHASlNG �IV€SION .,'•n;,�;; �g „,, .,,, cz,c.;,��n.Z�. �1,3[��. cs' LOWERLEVELCITYHALI 200 7EXAS ST Fort Worth TX 76102 Un�ted 5Safes �rna�l: FMSPurchasmgResponsesQfortworlhteKasgov ��114_�£581�5 Lirre 1 D�scrlptiort: Qty UnLt L1nkPricr T4101 Clcanmg af Shc floor5, buflel Uap Ironl svrtace, 12 OQ FA COntMI OOatR arttl [leaninp rnom of Shr. cmaii / f /( 25 yd fenge and Changing pl IhP fiI1P�5 �+[ �^�L +' r'� ���1 L�na: 2 Ueeerlptlnn: Qty Unit UnkPrlce To�al G�ean�np of [he 1loors, builes irao hom 12 �]0 En su�fste. control OooIR �nA cleTning room of �� �,e ,� #�I (p DD [I�B Sfl yd �ange and changing of Ihe fi�lers � ! Line: 3 Oeseription: Ory Unit VrellPryca Totai Cleen�nQ o� lhe flooB. Oullel 2raD konl cuAaCe. '� 2 DO EA canlrn� Mqth qnA rlvwninp n� n! rlw f —{ larqr. 75 ytl rarngr., an�! rX,anf�ing O1 the nitefs � t f T f� f� ��d r'`'1'ii� Line: d OeycripUon� Qly Und Unl[Prfce Yotal Cleanrnp ot thc Iloors, hullnt trap kpnt 17 IN1 EA s�riate, conlrol booM and Glgamnq rppm pl %� j 4OC � ( �P� QGU �ne 10[i vC �nge_ ana t?tiangmg ol me finers + Lin�: 5 DOSCHptipn: p�y Umt UnHVA[e Toul 6dcM Sur1dCC vl Builet 7iays. pei 2 00 EA altachctl spncrfications # 2 � Ql� � 5i'�Lri Total BiR Amaunl: 1� � p, OO �. 7 ITB 2L0052 WEa�o�s Rang� Clea��ng and Fdler Replace. AtldeMum No t PaaP 5 0! 5 Vendor Services Agreement — Exhibit B Page 13 of 14 EXHIBIT C VERIFiCATION OF SIGNATURE AUTHORITY Env�ronmental Logistres Campany, LLE. 4l3 Metro Park McKinney, TX 75070 Execution af this Signature Verificatian �'orm ("Form'') t�ereby certifies that the following individuals and/or positions have the authonty to lega2ly bind Vendor and to execute any agreement, amendment or chaage order on behalf of Venc�or. Such binding authority has been granted by proper order, resolukion, 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 (]0) 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: ,��n � �� � bR'� Signatur� Name: C e 9 Y-� G C� s�� a Position: V��_� f e S�� P,. i' � �---�— _.~� Signature Name: �� (iif�yr����' Position: �J 1� � ignature Name: /� ) �� J Signature of President / CE Other Title: Date: L� Vendor Services Agreement — Exhibit C Page 14 of 14