HomeMy WebLinkAboutContract 56064 Jul 22,2021 CSC No.56064
FORT WORTH
CITY OF FORT WORTH
AGREEMENT ADDENDUM
This AGREEMENT ADDENDUM("Agreement")is entered into by and between International
Code Council("Vendor")and the City of Fort Worth,("City"), a Texas home rule municipality.
The Agreement includes the following documents which shall be construed in the order of
precedence in which they are listed:
1. This Agreement;
2. Exhibit A — Vendor's Quote, Scope of Services, and Vendor's Terms and
Conditions;
3. Exhibit B—Conflict of Interest Questionnaire.
Exhibits A and B, which are attached hereto and incorporated herein, are made a part of
this Agreement for all purposes. Vendor agrees to provide City with the services and goods
included in Exhibit A pursuant to the terms and conditions of this Cooperative Purchase
Agreement, including all exhibits thereto. If any provisions of the attached Agreement, conflict
with the terms herein,are prohibited by applicable law,conflict with any applicable rule,regulation
or ordinance of City, the terms in this Addendum shall control.
City shall pay Vendor in accordance with the fee schedule in Exhibit A and in accordance
with the provisions of this Agreement. Total payment made under this Agreement for the first year
by City shall be in the amount of Four thousand one hundred and six dollars and eighty-six cents
Dollars ($4,106.86). Vendor shall not provide any additional items or services or bill for expenses
incurred for City not specified by this Agreement unless City requests and approves in writing the
additional costs for such services. City shall not be liable for any additional expenses of Vendor
not specified by this Agreement unless City first approves such expenses in writing.
Vendor agrees that City shall, until the expiration of three (3) years after final payment
under this Agreement, or the final conclusion of any audit commenced during the said three years,
have access to and the right to examine at reasonable times any directly pertinent books,
documents, papers and records, including, but not limited to, all electronic records, of Vendor
involving transactions relating to this Agreement at no additional cost to City. Vendor agrees that
City 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.
In compliance with Article I I § 5 of the Texas Constitution, it is understood and agreed
that all obligations of City hereunder are subject to the availability of funds. If such funds are not
appropriated or become unavailable, City shall have the right to terminate the Agreement except
for those portions of funds which have been appropriated prior to termination.
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
The City is a governmental entity under the laws of the state of Texas and pursuant to
Chapter 2259 of the Texas Government Code, entitled "Self-Insurance by Governmental Units,"
is self-insured and therefore is not required to purchase insurance. To the extent the Agreement
requires City to purchase insurance, City objects to any such provision, the parties agree that any
such requirement shall be null and void and is hereby deleted from the Agreement and shall have
no force or effect. City will provide a letter of self-insured status if requested by Vendor.
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: To VENDOR:
City of Fort Worth International Code Council.
Attn:Dana Burghdoff, Assistant City Manager Kristina Bautista
200 Texas Street Customer Service
Fort Worth, TX 76102-6314 888-422-7233
Telephone: (817) 392-8018 Facsimile: 866-891-1695
With copy to Fort Worth City Attorney's
Office at same address
No Boycott of Israel. If Vendor has fewer than 10 employees or the Agreement is for less
than $100,000,this section does not apply. Vendor acknowledges that in accordance with Chapter
2270 of the Texas Government Code, 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 Addendum, Vendor
certifies that Vendor's signature provides written verification to City that Vendor: (1) does not
boycott Israel; and(2) will not boycott Israel during the term of the Agreement.
Limitation of Liability and Indemnity. To the extent the Agreement, in any way, limits the
liability of Vendor or requires City to indemnify or hold Vendor or any third party harmless from
damages of any kind or character,City objects to these terms and any such terms are hereby deleted
from the Agreement and shall have no force or effect.
Sovereign Immunity. Nothing herein constitutes a waiver of City's sovereign immunity.
To the extent the Agreement requires City to waive its rights or immunities as a government entity;
such provisions are hereby deleted and shall have no force or effect.
Attorneys' Fees,Penalties,and Liquidated Damages. To the extent the attached Agreement
requires City to pay attorneys' fees for any action contemplated or taken, or penalties or liquidated
damages in any amount, City objects to these terms and any such terms are hereby deleted from
the Agreement and shall have no force or effect.
Law and Venue. The Agreement and the rights and obligations of the parties hereto shall
be governed by, and construed in accordance with the laws of the United States and state of Texas,
exclusive of conflicts of laws provisions. Venue for any suit brought under the Agreement shall
be in a court of competent jurisdiction in Tarrant County, Texas. To the extent the Agreement is
required to be governed by any state law other than Texas or venue in Tarrant County,City objects
to such terms and any such terms are hereby deleted from the Agreement and shall have no force
or effect.
[SIGNATURE PAGE FOLLOWS]
The undersigned represents and warrants that he or she has the power and authority to execute this
Agreement and bind the respective Vendor.
[Executed effective as of the date signed by the Assistant City Manager below.] / [ACCEPTED
AND AGREED:]
City: Vendor:
r�: r��,,
By: Dana Burghdoff(Ju 121,20 9:41 CDT) By. �,//,JLlwa �aff&4 /
Name: Dana Burghdoff �//lT
Title: Assistant City Manager Name: Kristina Bautista
Title: Customer Service
Date:
Date: June 24, 2021
CITY OF FORT WORTH INTERNAL ROUTING PROCESS:
Approval Recommended: Contract Compliance Manager:
By signing I acknowledge that I am the person
responsible for the monitoring and administration
�.jL of this contract,including ensuring all
By: DJ Harrell(Jul16,2021 08:40 CDT) performance and reporting requirements.
Name: D.J.Harrell
Title: Development Services Director
By: 0 4
Approved as to Form and Legality: Name: Allison Gray
Title: Asst. Development Services Dir.
Development Services
a� on �a
By: a
Name: Taylor Paris City Secretary: 0A.o*� -'
0�Title: Assistant City Attorney �o �IdPoo °'r'd0 °CidfLZA,I,ES °o°p000°°° 'dam
Contract Authorization: By: eo�a�dD ��zi,2ziia:000DT) p
M&C: Name: Ronald P. Gonzales 44�EXA5o4
Title: Acting City Secretary
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Quote 0011703
International Code Council Date 6/24/2021
4051 W. Flossmoor Rd. Page 1
Country Club Hills IL 60478
Bill To: Ship To:
City of Fort Worth City of Fort Worth
200 Texas ST Department of Development
Fort Worth TX 76102 200 Texas ST
Kevin Yarbrough
Fort Worth TX 76102
Purchase Order No. Customer ID Salesperson ID Shipping Method Payment Terms Reg Ship Date Master No.
0215642 PCKB FEDEX>500 NET30 0/0/0000 1,443,495
Quantity Item Number Description UOM Discount Unit Price Ext.Price
2 7026520 ICC 500-2020 CONST OF STORM SHELTERS EA $0.00 $27.00 $54.00
2 4702519 ICC G5-'19 GUIDELINES ISO INTERMODAL CONTAIP EA $0.00 $23.95 $47.90
1 3720S18 '18 ISPSC SWIMMING POOL SPA SOFT EA $0.00 $66.00 $66.00
1 303BNS21 '21 I-CODE COMPLETE W/IgCC SOFT EA $0.00 $926.00 $926.00
5 302BNS21 '21 INSPECTORS COLLECTION SOFT EA $0.00 $571.00 $2,855.00
1 C99 Quote from Kevin Yarbrough EA $0.00 $0.00 $0.00
1 C99 kevin.yarbrough@fortworthtexas.gov EA $0.00 $0.00 $0.00
Subtotal $3 948.90
Misc $0.00
Tax $0.00
Frei ht $157.96
Trade Discount $0.00
Total $4 106.86
CONFLICT OF INTEREST QUESTIONNAIRE FORM CIO
For vendor doing business with local governmental entity
This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. OFFICE USE ONLY
This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who Date Received
has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the
vendor meets requirements under Section 176.006(a).
By law this questionnaire must be filed with the records administrator of the local governmental entity not later
than the 7th business day after the date the vendor becomes 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, Local Government Code.An
offense under this section is a misdemeanor.
jJ Name of vendor who has a business relationship with local governmental entity.
International Code Council
2
Check this box if you are filing an update to a previously filed questionnaire.(The law requires that you file an updated
completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which
you became aware that the originally filed questionnaire was incomplete or inaccurate.)
3 Name of local government officer about whom the information is being disclosed.
Name of Officer
4J Describe each employment or other business relationship with the local government officer, or a family member of the
officer,as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local government officer.
Complete subparts A and B for each employment or business relationship described. Attach additional pages to this Form
CIO as necessary.
A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income,
other than investment income, from the vendor?
Yes xI No
B. Is the vendor receiving or likely to receive taxable income,other than investment income,from or at the direction
of the local government officer or a family member of the officer AND the taxable income is not received from the
local governmental entity?
Yes xI No
5 Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or
other business entity with respect to which the local government officer serves as an officer or director, or holds an
ownership interest of one percent or more.
s
❑ Check this box if the vendor has given the local government officer or a family member of the officer one or more gifts
as described in Section 176.003(a)(2)(B), excluding gifts described in Section 176.003(a-1).
7
6/24/21
Signature of vendor doing business with the governmental entity Date
Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/30/2015
CONFLICT OF INTEREST QUESTIONNAIRE
For vendor doing business with local governmental entity
A complete copy of Chapter 176 of the Local Government Code maybe found at http://www.statutes.Iegis.state.tx.us/
Docs/LG/htm/LG.176.htm. For easy reference, below are some of the sections cited on this form.
Local Government Code§176.001(1-a):"Business relationship"means a connection between two or more parties
based on commercial activity of one of the parties. The term does not include a connection based on:
(A) a transaction that is subject to rate or fee regulation by a federal, state, or local governmental entity or an
agency of a federal, state, or local governmental entity;
(B) a transaction conducted at a price and subject to terms available to the public; or
(C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and
that is subject to regular examination by, and reporting to, that agency.
Local Government Code§176.003(a)(2)(A)and(B):
(a) A local government officer shall file a conflicts disclosure statement with respect to a vendor if:
(2) the vendor:
(A) has an employment or other business relationship with the local government officer or a
family member of the officer that results in the officer or family member receiving taxable
income, other than investment income, that exceeds $2,500 during the 12-month period
preceding the date that the officer becomes aware that
(i) a contract between the local governmental entity and vendor has been executed;
or
(ii) the local governmental entity is considering entering into a contract with the
vendor;
(B) has given to the local government officer or a family member of the officer one or more gifts
that have an aggregate value of more than$100 in the 12-month period preceding the date the
officer becomes aware that:
(i) a contract between the local governmental entity and vendor has been executed; or
(ii) the local governmental entity is considering entering into a contract with the vendor.
Local Government Code§ 176.006(a)and (a-1)
(a) A vendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship
with a local governmental entity and:
(1) has an employment or other business relationship with a local government officer of that local
governmental entity,or a family member of the officer,described by Section 176.003(a)(2)(A);
(2) has given a local government officer of that local governmental entity, or a family member of the
officer,one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B),excluding any
gift described by Section 176.003(a-1);or
(3) has a family relationship with a local government officer of that local governmental entity.
(a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator
not later than the seventh business day after the later of:
(1) the date that the vendor:
(A) begins discussions or negotiations to enter into a contract with the local governmental
entity; or
(B) submits to the local governmental entity an application,response to a request for proposals
or bids, correspondence, or another writing related to a potential contract with the local
governmental entity;or
(2) the date the vendor becomes aware:
(A) of an employment or other business relationship with a local government officer, or a
family member of the officer,described by Subsection(a);
(B) that the vendor has given one or more gifts described by Subsection (a);or
(C) of a family relationship with a local government officer.
Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/30/2015