Loading...
HomeMy WebLinkAboutContract 56140 CSC No. 56140 FORT WORTH CITY OF FORT WORTH PURCHASE AGREEMENT BASED UPON AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF FORT WORTH AND TARRANT COUNTY WHEREAS Section 271.102 of the Texas Local Government Code allows Local Governments to pursue mutually beneficial and cooperative purchasing programs; and WHEREAS, pursuant to Chapter 791 of the Texas Government Code and Subchapter F, Chapter 271 of the Texas Local Government Code, the City of Fort Worth (City), a Texas home-rule municipality and Tarrant County(Name of other Entity)have entered into an Interlocal Cooperative Purchasing Agreement on October 15, 1988 which provides that when the one of the Local Government Entities enters into a contract with a Vendor for goods and services,the other Local Government is able to enter into a Purchase Agreement with the Vendor under the same terms and conditions offered to the Original Local Government Entity so long as the Vendor is agreeable. Copy Attached as Exhibit A; WHEREAS Chem-Aqua, Inc. (Vendor) and Tarrant County entered into a Purchase Agreement on October 13,2020 for HVAC Water Treatment Services and Water Treatment Equipment Repairs and this Agreement allows other Local Governmental Entities to enter into a Purchase Agreement with Vendor under the same terms and conditions. (Copy attached as Exhibit B); NOW THEREFORE, City and Vendor each of which will individually be referred to as a "Party" and collectively as the "Parties entered into this Purchase Agreement by and between Chem-Aqua, Inc. ("Vendor") and the City of Fort Worth, ("City"). The Parties agree that any references to Tarrant County in Exhibit B shall be construed as the City of Fort Worth for the purposes of this Agreement and all rights,benefits,duties, and obligations shall inure to the City as if the contract in Exhibit B were originally executed between the City and Vendor. This shall specifically include any requirements imposed on Vendor by virtue of Tarrant County Ordinance included in Exhibit B. The Agreement includes the following documents which shall be construed in the order of precedence in which they are listed: 1. Exhibit A— Agreement between the City of Fort Worth and Tarrant County; 2. Exhibit B — Contract between the Tarrant County and Vendor for Water Treatment Services identified as Bid No. 2020-219; 3. Exhibit C— Vendor's Quote, Pricing, Scope of Services or Purchase Order; 4. Exhibit D— Conflict of Interest Questionnaire. Exhibits A, B, C and D 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 B pursuant to the terms and conditions of this Cooperative Purchase Agreement, including all exhibits thereto. In the event of a conflict between Exhibit B and this Agreement or Exhibit A,then this Agreement and Exhibit A shall control. City shall pay Vendor in accordance with the fee schedule in Exhibit C 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 Fifty-One Thousand Dollars ($51,000.00). 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. The term of this Agreement shall begin upon execution and end October 12, 2021. City shall be able to renew this agreement for two (2) one-year renewal options by written agreement of the parties. 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 documents and records of Vendor involving transactions relating to this Agreement.Vendor agrees that City shall have access during normal working hours to all necessary Vendor facilities subject to Vendor's reasonable rules and regulations while at Vendor's 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, and all such audits shall be conducted on regular business days during Vendor's regular business hours in a manner that will not unreasonably interfere with Vendor's operations at its facilities. City's auditors shall present proper credentials to the manager of Vendor's facility at the time that they are admitted to such. This Agreement shall be construed in accordance with the laws of the State of Texas.If any action, whether real or asserted, at law or in equity, is brought pursuant to this Agreement,venue for such action shall lie in state courts located in Tarrant County,Texas or the United States District Court for the Northern District of Texas, Fort Worth Division. 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 Chem-A ua Inc., Attn: Dana Burghdoff,Assistant City Manager 2a►em �idoe r 200 Texas Street Fort Worth, TX 76102-6314 Facsimile: (817) 392-8654 Facsimile: With copy to Fort Worth City Attorney's Office at same address [SIGNATURES FOLLOW] The undersigned represents and warrants that he or she has the power and authority to execute this Agreement and bind the respective Vendor. CITY OF FORT WORTH: CONTRACT COMPLIANCE MANAGER: b L5=L�) By signing I acknowledge that I am the person By: Dana Burghdoff(A g9,202 2:22CDT) responsible for the monitoring and administration Name: Dana Burghdoff of this contract,including ensuring all performance Title: Assistant City Manager and reporting requirements. Date: APPROVAL RECOMMENDED: By: shAaeya, a �g 12114:12 ) Name: Shatabya Bergland Title: Contract Compliance Specialist CLIP-14Ld L b`zyYgl- By: Christopher H rder(Aug5,202114:15CDT) APPROVED AS TO FORM AND LEGALITY: Name: Chris Harder Title: Water Assistant Director ATTEST: By: s Name: Taylor Paris Title: Assistant City Attorney By: RonaldP.Gonzales(Aug10,2 07:34 ) avoRq� CONTRACT AUTHORIZATION: Name: Ronald Gonzales aaop FORT Uaa ��o°°°°°°° o oaad M&C: N/A Title: Acting City Secretary p10 °�-+o dvo oo a�ao ,�°° °° VENDOR *�a alb a*XiA Chem-Aqua,Inc: ATTEST: By: ame: DA�� rY1�.Ul� 1LL�l4A�s By: Title: am at9a Name: Tom, Title: Date: l Zt OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX �Q EXHIBIT A INTERLOCAL AGREEMENT BETWEEN COUNTY OF TARRANT AND CITY OF FORT WORTH This agreement is made this►2V`DayA j.,t, 1997 between the County of Tarrant, Texas and the City of Fort Worth, Texas. Pursuant to the authority granted by the "Texas Interlocal Cooperation Act," Chapter 791 Texas Government Code providing for the cooperation between local governmental bodies,the parties hereto, in consideration of the premises and mutual promises contained herein, agree as follows: WHEREAS, the contract is made under the authority of Sections 791.001-791.029 of the Texas Government Code; and, WHEREAS, the parties, in performing governmental functions or in paying for the performance of governmental functions hereunder shall make that performance or those payments from current revenues legally available to that party; WHEREAS,the governing bodies of each party find that the subject of this contract is necessary for the benefit of the public and that each party has the legal authority.to perform and to provide the governmental function or service which is the subject matter of this contract; furthermore, the governing bodies find that the performance of this contract is in the common interest of both parties; and that the division of cost fairly compensates the performing party for the services performed under this contract; I. The City of Fort Worth, Texas,hereby makes, constitutes and appoints Tarrant County its true and lawful purchasing agent for the purchase of various.commodities using Annual Contracts (Bids). Tarrant County will maintain a listing of Annual Contracts which are available for local entities use. To utilize one or more of these contracts, local entities must request authorization, in writing, to Tarrant County. - Upon receipt of request, Tarrant County will send a form letter to the appropriate vendor(s) for their approval and signature. Upon receipt of authorizing letter from the vendor(s), Tarrant County will forward a copy of the letter and appropriate Annual Contract to the requesting entity. The City of Fort Worth, Texas agrees that Tarrant County shall serve as the purchasing agent for selected items, and agrees that the bidding shall be conducted by Tarrant County according to its usual bidding procedures and in accordance with applicable State statutes. The City of Fort Worth Texas, agrees that all specifications for selected items shall be as determined by Tarrant County. III. The City of Tort Worth, Texas, agrees to pay the supplier for all goods, equipment and products pursuant to this agreement. The successful bidder or bidders shall bill the City of Fort Worth, Texas directly for all items purchased, and the City of Fort Worth, Texas shall be responsible for vendor's compliance will all conditions of delivery and 'quality of the purchased items. IV. John Wally,Purchasing Manager, is hereby designated as the official representative to act for the City of Fort Worth, Texas in all matters relating to this agreement. V. This agreement shall take effect upon execution by both signatories. I VI. This agreement shall be in effect from the date of execution until terminated by either party to the agreement. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their authorized officers the day and year first above written. TARRANT COUNTY CITY OF FORT WORTH BY: ✓ . BY: Bob Terrell 6, l DATE:_ g— �� TITLE: City Manager DATE: EXHIBIT B z°OUNT REFERENCE NUMBER F COMMISSIONERS COURT PAGE i of 6 • �' COMMUNICATION DATE: 10/13/2020 SUBJECT: BID NO. 2020-219 -ANNUAL CONTRACT FOR HVAC WATER TREATMENT SERVICES AND WATER TREATMENT EQUIPMENT REPAIRS - FACILITIES MANAGEMENT-VARIOUS VENDORS - PER UNIT PRICE,HOURLY LABOR RATE,AND MARKUP FOR PARTS COMMISSIONERS COURT ACTION REQUESTED: It is requested that the Commissioners Court award Bid No. 2020-219, Annual Contract for HVAC Water Treatment Services and Water Treatment Equipment Repairs, for Facilities Management, to the following vendors at the per unit price, hourly labor rate, and markup for parts: Primary Chem-Aqua, Inc. Secondary Entech Sales & Service, LLC Alternate Garratt-Callahan Company BACKGROUND: Notice of the County's intent to bid was advertised in local newspapers, as required by State statute, and posted on the Internet, the Arlington Black Chamber of Commerce, the Fort Worth Hispanic Chamber of Commerce, the Fort Worth Metropolitan Black Chamber of Commerce, and the Tarrant County Asian American Chamber of Commerce. Seven hundred seventy-nine (779) vendors were contacted and requested to participate in this bid process. All documents pertaining to this bid were posted on the Tarrant County website and were downloaded by interested bidders. A pre-bid conference held on September 9, 2020 was attended by four (4) vendors as well as representatives from Facilities Management and Purchasing. Four(4)bids were received. Bids were evaluated by Facilities Management and Purchasing representatives. Award recommendations are to the low bids meeting specifications. The term of the contract is twelve (12) months, effective October 13, 2020, with two (2) options for renewal periods of twelve (12) months each. Therefore, it is the joint recommendation of Facilities Management and Purchasing that Bid No. 2020-219, Annual Contract for HVAC Water Treatment Services and Water Treatment Equipment Repairs, be awarded to the vendors listed above at the per unit price, hourly labor rate, and markup for parts. FISCAL IMPACT: Expenses for last year were approximately $134,886.84. Services are provided on an as-needed basis. SUBMITTED BY: Purchasing PREPARED BY: James Bocks,CPPB APPROVED BY: O O O O � O O O U O O O O O O O O J L O O O O O O O 4 cu J Z } I j LO ti O O LO � N QO CO Ln rl � N M N N O — Ef} Ef} Ef} Ef} Ef} Ef} Ef} Ef} U J m d O CD CD CD ti O O O Q O Z cU O LO O O cm O O O U cu Z pp 0 � Lri CV o o r o LO ti O CC) LO NC) N N W z � = U a r r r z W X o 0 0 0 0 0 0 0 0 0 o O o 0 CD CD La c ~ O N X O CO O O co co O O Z } W CO LO CO CO r r N O m ci N CM CM r N cu cu w U Q E!? E!? E!? E!? E!? E!? H} H} N E m Q Q CU O i O O O O O O O O U cu E pp 0 o 0 0 o LO LO o 0 ZL u = p d co co coo O N N O Q W U U > U co O O O O O O O O W N O x ON M 0 N co ON ~ CO co N rll� co ai 6 ri V-� O Y LU o Co 6s 6s 6s 6s 6s tos tos tos W w UT -all ) � o 0 0 0 0 0 0 0 O O LCj O o O o 0 0 N _� i � LO co 0) 11,N N � w W U a 6s 6s 6s bs bs bs bs bs Q M CD Cl) w O O O L1) Q O N x O N O N (n (n M LO > X Z d x O O N M M W N 2 LC W co O co M M O (6 O N S 0 O �{} �} 6} 6} W. W. W. V} � Q U ^L LL UQ d U) O O O M ti ti LO m O V ti O I,- LO N N ti V > ' i w T- w M co co N LO = o a N O LO w O N N T- w Z E d4 d4 d4 d4 d4 d4 d4 d4 O cu () � a) N N N N N N N N r r r r r r r r J L ^` L W Q Z O fn Q Z O _ (n N �_ L U 1E U L Q Q 7 to U (6 U O N N > J v> > U m L N Q N 2 m E m O U m m _ CN O cu LO Q U U U m l N Q O_ an d co r N M Ln CO I� U- W N N Of O O Cc) Cc) O Cfl O O U O O O O O O O O J i O O O O O O O O cu J Z } j LO LO N O O O O O O cv l r O O N rl N N� I _ ~ E 0 U J m d C) CDco CO C) CO C) C)iZ 0 Z CU C) LO CO CO C) CO C) C)Q U cB Z m O U Ln I� 00 00 6 00 6 6 0 J Q ? .L N co Lo Lo I� Lo I� ti LU Z = U 0- CS) O I� ti r N r r Z W O O O O O O O O X O O O O O O O O O O C) C) C) O C) C) ~ o � "- O C) C) C) C) C) C) (.0 LLJ Z } Ly O LO N N N CO N r U N cli N r Ln w cu U Q E!? E!? E!? E!? E!? E!? E!? E!? N E m Q Q CU O i O O O O O O O O U m cu E pp o LO C) C) C) LO C) C)0 Q (� � .L C) N C) C) C) N C) CM Z LL = U d C) r r r r C) r Q r r r CO K? Ef} Ef} Ef} Ef} Ef} Ef} Ef} w U °' o 0 0 0 0 0 0 0 � U O O O O O O O W N O W NN rn � � W rn W W CO z � r� oo Lfj Lfj C\; Q cn m m o o W) o 0 0 0 O O CV N. N. O O O O U j 6 LO LO .i � O = V C Q LOLN O CO! O CO! O O Cl) Cfl co O O O_ CD CD X Z N x N L M LM LO LO2 LC W O LO M O T- T- 0 Q E!4 E!4 E!4 E!4 E!4 E!4 E!4 E!4 LL_ C 7 d U O M LO CD 1 CD CD Q I- LO LO V U M 0 i LOw LO coo N O N N = 0 a co m It N T- w T- N N N N N r r r r r r r r J N U N O O m Z to _ 7 Q O � U (B � Q (B 0 N � o ) o 0 L Q U O O >j C O v LLI O N N C 7 m i C s= r U s= O O O 7 7 = N Q N N O m O ` C) o J zv z -0 ca � � � a 7 7 C) U w z U) U) N Q m d LL_ W N OTTF I cq 1 0, 1 "t I ul I o 0- of I I N U O O O O O LO J L O O O M O ti cu J Z } Lu N LO O cu O Ln � ~ E O E!? E!? E!? E!? E!? U J m d O O O O O Q O Z cu LO LO O O LO U cu Z pp 0 ti N Ln ti 0 J � � i co co co N W Z = U d c0 co 17 W O O O O O WC ~ O c X O O LO co cu - Z } W Cfl N N U O O N (� (u cu cu E!? E!? E!? E!? Ef? Q m W L � N cn Q Q CU O L O O O U cu E m 0 o o LO U� cu L co co N Q LL 2 U d CO K? K? K? K? K? K? W U > U � W N O k c00 ON O N O CO COZ W aj O CV N V C LU M bs bs bs bs 6s Q � W m m O O O O O Q � � � O O O O O O w W U a Q w w CD CD CD CD M ti O C O O d Q O N x CDw CDI* CDN O 't N M W T- 2 L 7 Z W eo ao T- LO N 0 Q LL L �_ U Q o ti o 0 0 V > O' i w O O N N 2 U a to ti N Z N N co O J (f U N N >_ to Q to U U aI W L O L L LO U O - O 0 = Z O L L U - 6 - Q Q 7 N N cu J " i J a) Q O') L N CO co C N (n CO Q A O m > = v� E .� � O O N LzO LQO N Q m (B O LO O E > "' O N O N O � 0 L EU N N = (B � _ (BLL No U � Q H O :� m d E " LL W N N � = CO L k � ° % 2 0) LO ƒ C 7 2 2 w cu & cn � LO cok z CU ? � £ 0 ./ 2 / z 2 2 / , ? k 6 0 E w cn CO ƒ f 2 / L ¥ o cli cn 7 k cu § LU E � u k ° O @ ƒ � z ƒ CO 613� 613� 2 9 m R R R 6 6 6 CO CO2 ƒ L cli R LO 2 w » q m � f % \ § < co \ m m R cn 00 m U R O .§ V- 2 � � �w 3 ¥ f--S f--S « � CD o % U u d o I,- « £ o § x � m ƒ ± ƒ C%4 co c _ O E Q � q 2 U CD C ■ o « U M I 2 b 0 2 O U k 2 / 2 = % ) / g § cn ) ƒ 2 ' -J k \ 0 wf E � 2 2 \ �$ $ / COw ¥ ' 02 < 9 \ 7 u 6 v c 3 q m k f / ƒ cq < COk ) ƒ b 2 m � � � U o % 2 c z w 2 cu z 0 \ k 3 « co R q 2 O / 2 / z ƒ w 2 2 2i w k 0 E w cn ƒ f - 2 / LU ® 0 3 0 cn 7 = _ @ m 3 co 3 E O / ƒ � z ƒ CO 2 9 m u CO � 2 W » � / z f % � \ k \ Co ) % ƒ < f R k 2 � U f 6 ./ w � w « � Q ° cn x ƒ / ƒ x 2 � 0 § o 2 C) R f 0 « U 0 2 O U —1 D .[ ƒ $ ® 0 « 2 E % \2 E\ c ® q CO cl ƒ 3 c x U- b 2 � � � EXHIBIT D 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 whho( ash business relationship with local governmental entity. IV 2JA 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? r Yes 1::1 No I 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 No A 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 or 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