HomeMy WebLinkAboutContract 59797City Secretary Contract No. 59797
FORTWORTH
"*411
VENDOR SERVICES AGREEMENT
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, acting by and
through its duly authorized Assistant City Manager, and MICHAEL'S KEYS, INC. ("Vendor"), a Texas
corporation, acting by and through its duly authorized representative, each individually referred to as a
"party" and collectively referred to as the "parties."
1. Scope of Services. Vendor will provide locksmith services for various City departments
on an "as needed" basis, as set forth in more detail in Exhibit "A," attached hereto and incorporated herein
for all purposes.
2. Term. This Agreement shall commence upon the date signed by the Assistant City
Manager below ("Effective Date") and expire one (1) year from the Effective Date ("Expiration Date"),
unless terminated earlier in accordance with this Agreement ("Initial Term"). After the Initial Term, this
Agreement shall automatically renew under the same terms and conditions for up to four (4) one-year
renewal terms (each a "Renewal Term"), unless terminated earlier in accordance with this Agreement.
3. Compensation. City will pay Vendor in accordance with the provisions of this Agreement,
including Exhibit `B," which is attached hereto and incorporated herein for all purposes. Total
compensation under this Agreement will not exceed Two Hundred Thousand Dollars and 00/100
($200,000.00). Vendor will not perform any additional 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 will 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 parry with 30 days' written notice of termination.
4.2 Non-annrooriation 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 will 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 Obligations of the Parties. In the event that this Agreement is
terminated prior to the Expiration Date, City will pay Vendor for services actually rendered up to
the effective date of termination and Vendor will 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 will provide City with copies of all
OFFICIAL RECORD
Vendor Services Agreement CITY SECRETARY
Michael's Keys, Inc. FT. WORTH, Tx Page 1 of 23
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 will return all City provided data to City in a machine-readable format or other format
deemed acceptable to City.
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 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 Confidential Information. Vendor, for itself and its officers, agents and employees,
agrees that it will treat all information provided to it by City ("City Information") as confidential
and will 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 subject to disclosure under the Texas Public
Information Act. In the event there is a request for information marked Confidential or Proprietary,
City will promptly notify Vendor. It will be the responsibility of Vendor 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 must store and maintain City Information in a secure
manner and will not allow unauthorized users to access, modify, delete or otherwise corrupt City
Information in any way. Vendor must 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 will, in good faith, use all commercially reasonable efforts to cooperate with City in
identifying what information has been accessed by unauthorized means and will fully cooperate
with City to protect such City Information from further unauthorized disclosure.
6. Right to Audit. Vendor agrees that City will, 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 will have access during
normal working hours to all necessary Vendor facilities and will be provided adequate and appropriate work
space in order to conduct audits in compliance with the provisions of this section. City will give Vendor
reasonable advance notice of intended audits.
7. Independent Contractor. It is expressly understood and agreed that Vendor will 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 will have the exclusive right to control the details of its operations
and activities and be solely responsible for the acts and omissions of its officers, agents, servants,
employees, Vendors, and subcontractors. Vendor acknowledges that the doctrine of respondeat superior
will not apply as between City, its officers, agents, servants and employees, and Vendor, its officers, agents,
employees, servants, contractors, and subcontractors. Vendor further agrees that nothing herein will be
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Michael's Keys, Inc.
construed as the creation of a partnership or joint enterprise between City and Vendor. It is further
understood that City will in no way be considered a Co -employer or a Joint employer of Vendor or any
officers, agents, servants, employees, contractors, or subcontractors. Neither Vendor, nor any officers,
agents, servants, employees, contractors, or subcontractors of Vendor will be entitled to any employment
benefits from City. Vendor will 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, contractors, or contractors.
8. Liability and Indemnification.
8.1 LIABILITY - VENDOR WILL 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, EMPLOYEES, CONTRACTORS, OR
SUBCONTRACTORS.
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 OFANYKIND 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 ANY AND ALL PERSONS, ARISING OUT OF OR IN
CONNECTION WITH THIS AGREEMENT, TO THE EXTENT CAUSED BY THE
NEGLIGENT ACTS OR OMISSIONS OR MALFEASANCE OF VENDOR, ITS OFFICERS,
AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, OR SUBCONTRACTORS.
8.3 INTELLECTUAL PROPERTY INDEMNIFICATION — Vendor agrees to
defend, settle, or pay, at its own cost and expense, 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 will 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 will have the right to conduct the defense of any such claim or action and all
negotiations for its settlement or compromise and to settle or compromise any such claim;
however, City will 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 will 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 will 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 will 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
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Michael's Keys, Inc.
restricted, Vendor will, 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.
Assignment and Subcontracting.
9.1 Assignment. Vendor will 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 will 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 will be 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, the subcontractor will execute
a written agreement with Vendor referencing this Agreement under which subcontractor agrees to
be bound by the duties and obligations of Vendor under this Agreement as such duties and
obligations may apply. Vendor must provide City with a fully executed copy of any such
subcontract.
10. Insurance. Vendor must 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 Services pursuant to this Agreement:
10.1 Coverage and Limits
(a) Commercial General Liability:
$1,000,000 - Each Occurrence
$2,000,000 - Aggregate
(b) Automobile Liability:
$1,000,000 - Each occurrence on a combined single limit basis
Coverage will be on any vehicle used by Vendor, or its employees, agents, or
representatives in the course of providing Services under this Agreement. "Any
vehicle" will be any vehicle owned, hired and non -owned.
(c) Worker's Compensation:
Statutory limits according to the Texas Workers' Compensation Act or any other
state workers' compensation laws where the Services are being performed.
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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): ❑ Applicable ❑ N/A
$1,000,000 - Each Claim Limit
$1,000,000 - Aggregate Limit
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 must 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 must be submitted to City to evidence coverage.
10.2 General Requirements
(a) The commercial general liability and automobile liability policies must
name City as an additional insured thereon, as its interests may appear. The term
City includes its employees, officers, officials, agents, and volunteers in respect to
the contracted services.
(b) The workers' compensation policy must 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 must be provided to City. Ten (10) days' notice will be
acceptable in the event of non-payment of premium. Notice must be sent to the
Risk Manager, City of Fort Worth, 200 Texas Street, Fort Worth, Texas 76102,
with copies to the Fort Worth City 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
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 will not constitute a waiver of the insurance requirement.
(f) Certificates of Insurance evidencing that Vendor has obtained all required
insurance will be delivered to the City prior to Vendor proceeding with any work
pursuant to this Agreement.
11. Compliance with Laws, Ordinances, Rules and Regulations. Vendor agrees that in the
performance of its obligations hereunder, it will 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
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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 must immediately desist
from and correct the violation.
12. Non -Discrimination Covenant. Vendor, for itself, its personal representatives, assigns,
contractors, subcontractors, and successors in interest, as part of the consideration herein, agrees that in the
performance of Vendor's duties and obligations hereunder, it will 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, CONTRACTORS,
SUBCONTRACTORS, OR SUCCESSORS IN INTEREST, VENDOR AGREES TO ASSUME
SUCH LIABILITY AND TO INDEMNIFY AND DEFEND CITY AND HOLD CITY HARMLESS
FROM SUCH CLAIM.
13. Notices. Notices required pursuant to the provisions of this Agreement will 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: Assistant City Manager
200 Texas Street
Fort Worth, TX 76102-6314
Facsimile: (817) 392-8654
With copy to Fort Worth City Attorney's Office at
same address
Michael's Keys, Inc.
Thomas Blankenship, Solutions Director
206 W Bedford Euless Rd
Hurst, TX 76053
14. Solicitation of Emulovees. Neither City nor Vendor will, 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.
Notwithstanding the foregoing, this provision will 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 does 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 will 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
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Agreement, venue for such action will lie in state courts located in Tarrant County, Texas or the United
States District Court for the Northern District of Texas, Fort Worth Division.
18. Severability. If any provision of this Agreement is held to be invalid, illegal or
unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be
affected or impaired.
19. Force Maieure. 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 Controlling. Headings and titles used in this Agreement are for reference
purposes only, will 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 will 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 will be binding upon a party hereto unless set forth in a written instrument, which is
executed by an authorized representative of each party.
23. Counterparts. This Agreement may be executed in one or more counterparts and each
counterpart will, for all purposes, be deemed an original, but all such counterparts will together constitute
one and the same instrument.
24. Warranty 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 will 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.
25. Immigration Nationalitv Act. Vendor must 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 will provide City with copies of all I-9
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Michael's Keys, Inc.
forms and supporting eligibility documentation for each employee who performs work under this
Agreement. Vendor must 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 WILL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM
ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH
BY VENDOR, VENDOR'S EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, OR
AGENTS. City, upon written notice to Vendor, will have the right to immediately terminate this Agreement
for violations of this provision by Vendor.
26. Ownership of Work Product. City will be the sole and exclusive owner of all reports,
work papers, procedures, guides, and documentation that are created, published, displayed, or produced in
conjunction with the services provided under this Agreement (collectively, "Work Product"). Further, City
will 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 will 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 will 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 of City.
27. Signature Authoritv. The person signing this Agreement hereby warrants that they have
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. Each
parry is fully entitled to rely on these warranties and representations in entering into this Agreement or any
amendment hereto.
28. Change in Companv Name or Ownership. Vendor must 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.
29. No Bovcott of Israel. If Vendor has fewer than 10 employees or this Agreement is for
less than $100,000, this section does not apply. Vendor acknowledges that in accordance with Chapter
2271 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" has the meanings ascribed to those terms in Section 2271 of the Texas Government Code.
By signing this Agreement, 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 Agreement.
30. Prohibition on Bovcotting Enerav Companies. Vendor acknowledges that in accordance
with Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2,
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Michael's Keys, Inc.
the City is prohibited from entering into a contract for goods or services that has a value of $100,000 or
more that is to be paid wholly or partly from public funds of the City with a company with 10 or more full-
time employees unless the contract contains a written verification from the company that it: (1) does not
boycott energy companies; and (2) will not boycott energy companies during the term of the contract. The
terms "boycott energy company" and "company" have the meaning ascribed to those terms by Chapter
2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2. To the extent
that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement,
Vendor certifies that Vendor's signature provides written verification to the City that Vendor: (1) does not
boycott energy companies; and (2) will not boycott energy companies during the term of this Agreement.
31. Prohibition on Discrimination Against Firearm and Ammunition Industries. Vendor
acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government Code, as added
by Acts 2021, 87th Leg., R.S., S.B. 19, § 1, the City is prohibited from entering into a contract for goods or
services that has a value of $100,000 or more that is to be paid wholly or partly from public funds of the
City with a company with 10 or more full-time employees unless the contract contains a written verification
from the company that it: (1) does not have a practice, policy, guidance, or directive that discriminates
against a firearm entity or firearm trade association; and (2) will not discriminate during the term of the
contract against a firearm entity or firearm trade association. The terms "discriminate," "firearm entity"
and "firearm trade association" have the meaning ascribed to those terms by Chapter 2274 of the Texas
Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1. To the extent that Chapter 2274
of the Government Code is applicable to this Agreement, by signing this Agreement, Vendor certifies that
Vendor's signature provides written verification to the City that Vendor: (1) does not have a practice, policy,
guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will
not discriminate against a firearm entity or firearm trade association during the term of this Agreement.
32. Electronic Signatures. This Agreement may be executed by electronic signature, which
will be considered as an original signature for all purposes and have the same force and effect as an original
signature. For these purposes, "electronic signature" means electronically scanned and transmitted versions
(e.g. via pdf file or facsimile transmission) of an original signature, or signatures electronically inserted via
software such as Adobe Sign.
33. Entiretv of Agreement. This Agreement 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 null and void to the extent in conflict
with any provision of this Agreement.
(signature page follows)
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Michael's Keys, Inc.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiples.
CITY OF FORT WORTH:
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By: Dana Bure.hdoff (18, 2013f17:12 CDT)
Name: Dana Burghdoff
Title: Assistant City Manager
Date:
APPROVAL RECOMMENDED:
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Name: Ricky Salazar
Title: Interim Property Management Director
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ATTEST: �*o-1-41,61111
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By: (1
Name: 7annette S. Goodall
Title: City Secretary
VENDOR:
Michael's Keys, Inc.
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Date: " 171
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.
uii fe Gan/a
By: Denise Garcia (Jul 18,202310:47 CDT)
Name: Denise Garcia
Title: Purchasing Manager
APPROVED AS TO FORM AND LEGALITY:
By:
Name: Matthew A. Murray
Title: Assistant City Attorney
CONTRACT AUTHORIZATION:
M&C: 23-0545 / June 27, 2023
Form 1295:2023-1027966
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
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Michael's Keys, Inc.
City Secretary Contract No.
EXHIBIT A
SCOPE OF SERVICES
1. SCOPE
1.1. This Agreement is for the City of Fort Worth to receive locksmith services for various City
departments on an "as needed" basis.
1.2. These services will be used for repair and replacement of existing locks, lock rekeying, and key
copying, and to purchase locks and key blanks.
1.3. The City is obligated to pay for only those services actually ordered by an authorized City
employee and then received as required and accepted by the City.
1.4. Unit prices shall include all costs associated with the specified work, including but not limited to
handling, delivery, fuel charges, fees and certifications fees. NO ADDITIONAL CHARGES
WILL BE ACCEPTED OR PAID BY THE CITY.
1.5. Any services that have been omitted from this scope of service that are clearly necessary or in
conformance shall be considered a requirement although not directly specified or called for in
the scope of services.
2. VENDOR RESPONSIBILITIES
2.1. Locksmith Services - The items/services listed below are some of the items/services that shall be
covered under this contract but are not limited to:
2. 1. 1. Installation of New Locks
2.1.1.1.
Tubular Locks
2.1.1.2.
Digital Combination Locks
2.1.1.3.
Smart Code Locks
2.1.1.4.
Lock Rim
2.1.1.5.
Mortice Cylinder
2.1.1.6.
Deadbolts
2.1.2.Installation of New Cabinet Locks
2.1.2.1. Cam Locks
2.1.3.Repair Existing Locks
2.1.3.1. Tubular Locks
2.1.3.2. Cabinet Cam Locks
2.1.3.3. Sliding Panel Keyed Lock
2.1.3.4. Smart Code Locks
2.1.3.5. Lock Rim
Vendor Services Agreement
Michael's Keys, Inc. Page 11 of 23
2.1.3.6. Mortice Cylinder
2.1.3.7. Gate Locks
2.1.3.8. Deadbolts
2.1.3.9. Vehicles
2.1.4.Additional Keys
2.1.5.Locks for Purchase
2.1.5.1. Padlocks
2.1.5.2. Digital Combination Locks
2.1.5.3. Smart Code Locks
2.1.6.Miscellaneous Locksmith Services
2.1.6.1. Safes
2.1.6.1.1. Provide and install new safes for purchases
2.1.6.1.2. Repair existing safes
2.1.6.1.3. Rekey and/or program combinations to existing safes
2.1.7.All items shall be new and unused
2.2. Hours of Service
2.2.1.Normal operating hours shall be between 8:00 a.m. and 5:00 p.m. Monday through Friday.
2.2.2.After-hours shall be 5:01PM to 7:59PM Monday through Friday and all -day Holidays and
Saturday/Sunday.
2.2.2.1. Holiday time shall be all City holidays as follows:
2.2.2.1.1. New Year's Day
2.2.2.1.2. Martin Luther King Day
2.2.2.1.3. Memorial Day
2.2.2.1.4. Juneteenth
2.2.2.1.5. July 4
2.2.2.1.6. Labor Day
2.2.2.1.7. Thanksgiving Thursday and the following Friday
2.2.2.1.8. Christmas
2.2.3.When the City requests routine services, the Vendor shall contact requestor within two (2)
hours of request to arrange an acceptable repair date and time.
2.2.4.When the City requests emergency services the Vendor shall respond to the job site within
One (1) hour of the time of the call.
2.3. Locations for Services
2.3.1.Location(s) of needed services will be at multiple addresses within the City of Fort Worth at
Vendor Services Agreement
Michael's Keys, Inc. Page 12 of 23
Fort Worth Municipal Facilities.
3. WARRANTY
3.1. All parts installed under this contract shall carry a minimum allowable manufacturer warranty
period for up to one year. Warranties shall be effective on the date the parts are accepted by the
City.
3.2. No repair or service work provided on any existing equipment shall void the existing warranty
on the equipment.
3.3. Vendor warrants and guarantees that all items shall be in good working order from the time
items are placed into service. Items shall be free of defects by design, materials, and
workmanship for a period of not less than two years. Should equipment fail during the warranty
period, it shall be repaired/replaced at no expense to the City.
4. UNIT PRICE ADJUSTMENT
4.1. Vendor may request a Price Adjustment based on Price Adjustment Verification up to one time
Quarterly. Price Adjustment means an unplanned or unanticipated change, upward or downward,
from the established contract price that is supported by demonstrated Price Adjustment
Justification. A request for a Price Adjustment must be initiated by the Vendor. Price
Adjustments shall not be allowed more frequently than once Quarterly. It is within the sole
discretion of the City to determine whether an adjustment is necessary and/or acceptable.
4.2. Quarterly means the City's Fiscal year quarters, being each of the three (3) month periods the
first of which begins October 1. Quarter (Q) 1: October 1 — December 31; Q2: Jan 1 — March 31;
Q3P: April 1 — June 30; Q4: July 1 — September 30.
4.3. Price Adjustment Justification means documentation supporting a requested Price Adjustment
and showing an objectively verifiable basis for a change in price due to the documented impact
of economic conditions on labor, equipment, or materials. Examples of possible Price
Adjustment Justification include, but are not limited to, cost indexes, and/or updated supplier
price sheets. It is within the sole discretion of the City to determine whether Price Adjustment
Justification is sufficient and/or acceptable.
4.4. The Vendor must submit its Price Adjustment request, in writing, at least 60 days before the
effective period (1st day of a new quarter). The Vendor must provide all Price Adjustment
Justification, as defined above, at the time of its request for a Price Adjustment.
4.5. If the City, in its sole discretion, concludes that the requested Price Adjustment is unreasonable
or not fully supported by adequate Price Adjustment Justification, the City reserves the right to
adjust the rate increase, or reject the requested Price Adjustment in its entirety and allow the
contract to expire at the end of the contract term. If the City elects not to accept a requested Price
Vendor Services Agreement
Michael's Keys, Inc. Page 13 of 23
Adjustment, the Purchasing Division may issue a new solicitation.
4.6. Upon expiration of the Agreement term the successful bidder, agrees to hold over under the
terms and conditions of this Agreement for a reasonable period of time to allow the City to re-
bid an Agreement, not to exceed ninety (90) days. Vendor will be reimbursed for this service at
the prior Agreement rate(s). Vendor shall remain obligated to the City under all clauses of this
Agreement that expressly or by their nature extends beyond and survives the expiration or
termination of this Agreement.
4.7. Delivery of goods and/or services shall not be suspended by the Vendor without a 30-day prior
written notice to the Senior Purchasing Manager.
4.8. Only Published price changes will be accepted. Prices that were in effect at the time of order
placement shall take precedence.
5. PERFORMANCE
5.1. Failure of the City to insist in any one or more instances upon performance of any of the terms
and conditions of this Agreement shall not be construed as a waiver or relinquishment of the
future performance of any terms and conditions, but the Vendor's obligation with respect to such
performance shall continue in full force and effect.
6. HAZARDOUS CONDITIONS
6.1. The Vendor is required to notify the City immediately of any hazardous conditions and/or
damage to any property.
6.2. Hazardous materials shall be handled with care and workers shall wear Personal Protective
Equipment (PPE) while handling hazardous material. If there are questions regarding how to
dispose of materials, the Vendor shall contact City of Fort Worth Code Compliance at 817-392-
1234.
7. CONTRACT ADMINISTRATION AND TERMINATION
7.1. Contract administration will be performed by each City department. In the event the Vendor fails
to perform according to the terms of the agreement, The Department head or his/her designee
will notify the Vendor, in writing, of its failures. A meeting may be arranged to discuss the
Vendor's deficiencies. A written cure notice may be prepared giving the Vendor 14 calendar
days to cure any deficiency.
7.2. In the event the Vendor continues with unsatisfactory performance, the department will promptly
notify the Senior Purchasing Manager who will take appropriate action to cure the performance
problem(s), which could include cancellation, termination for convenience or default. If the
agreement is terminated for default, the Vendor may be held liable for excess cost and/or
liquidated damages.
Vendor Services Agreement
Michael's Keys, Inc. Page 14 of 23
7.3. The Vendor will be paid only those sums due and owing under the agreement for services
satisfactorily rendered, subject to offset for damages and other amounts which are, or which may
become, due and owing to the City.
8. BILLING FOR SERVICES; PAYMENT
8.1. Vendor shall bill for Services in accordance with this Agreement and based on the Payment
Schedule in Exhibit "B" for actual services performed.
8.2. All payment terms shall be "Net 30 Days."
8.3. Vendor shall invoice no more frequently than monthly for Services provided.
8.4. Vendor shall submit separate invoices in duplicate, on each purchase order or purchase change
order after each transaction. Invoices shall indicate the purchase order or purchase change order
number. Invoices shall be itemized.
8.5. The Vendor shall send invoices electronically to the City's centralized Accounts Payable
Department invoice email address: supplierinvoices@fortworthtexas.gov. This email address is
not monitored. Vendor shall not send correspondence to this email address. The sole purpose of
the supplier invoices email address is to receipt and process supplier invoices.
8.6. Vendor shall include the following on the subject line of Vendor's e-mail: vendor name, invoice
number, and PO number, separated by an underscore (ex: Example, Inc._123456_FW013-
0000001234).
8.7. To ensure the system can successfully process invoices in an expedient manner, Vendor shall
adhere to the following requirements:
8.7.1. All invoices must be either a PDF or TIFF format.
8.7.2. Image quality must be at least 300 DPI (dots per inch).
8.7.3. Invoices must be sent as an attachment (i.e. no invoice in the body of the email).
8.7.4. One invoice per attachment (includes PDFs). Multiple attachments per email is acceptable
but each invoice must be a separate attachment.
8.7.5. Vendor shall not send handwritten invoices or invoices that contain handwritten notes.
8.7.6. A dot matrix invoice format is not acceptable.
8.7.7. The invoice must contain the following information:
8.7.7.1. Remit to Supplier Name and Address, if different;
8.7.7.2. Applicable City Department business unit# (i.e. FW013)
8.7.7.3. Complete City of Fort Worth PO number (i.e. the PO number must contain all
preceding zeros);
8.7.7.4. Invoice number;
8.7.7.5. Invoice date; and
8.7.7.6. Invoices must be submitted after delivery of the Services.
8.8. To prevent invoice processing delays, Vendor shall not send invoices by both mail and email.
Vendor shall not send the same invoice more than once by email to
supplierinvoices@fortworthtexas.gov. To check on the status of an invoice, Vendor shall contact
the City Department ordering the goods/services or the Central Accounts Payable Department by
Vendor Services Agreement
Michael's Keys, Inc. Page 15 of 23
email at: ZZ FIN AccountsPavable(afortworthtexas.2ov.
8.9. If Vendor is unable to send an invoice as outlined above at this time, Vendor shall send invoices
to the City's centralized Accounts Payable department instead of directly to the individual City
department. This will allow the City staff to digitize the invoice for faster processing. If electronic
invoicing is not possible, Vendor may send paper invoices to:
City of Fort Worth
Attn: FMS Central Accounts Payable
200 Texas Street
Fort Worth, Texas, 76102
8.10. The City's goal is to receive 100% of invoices electronically so that all supplier payments
are processed efficiently. To achieve this goal, we need the Vendor's support.
II. If Vendor has any questions, please contact the Accounts Payable team at (817) 392-2451
or by email to ZZ FIN AccountsPavable(afortworthtexas.2ov.
8.12. Vendor shall not include Federal, State of City sales tax in its invoices. City shall furnish
a tax exemption certificate upon Vendor's request.
Vendor Services Agreement
Michael's Keys, Inc. Page 16 of 23
City Secretary Contract No.
EXHIBIT B
PAYMENT SCHEDULE
FORT WORTH
PRICE SUBIOWTAL
Event Id Fage I Invited: EVENT DETAILS
CFWD1-23-0258
Event Round version S ubmit To: City of Fort Worth
1 1 FINANCIAL MANAGEMENT SERVICES
EventHame I FINANCE- City Hall Purchasing
=TS Lacksm th Ser iaea 201) Texas SL (Lower Level Rm 1500)
Start Tine Finish Time I Fart Worth TX 70102-C314
,3d11912 D23 14=31=0D Mr 45}13LI2023 13-34.4a CDT United States
Email: FMSPurchasingResponses@fortwanhtexas.gov
Lille ❑etaails
Line: 1
Des cri ion:
RA
Unit
UnitPrice
Total
Key du Ip 3dDn: American single un onsite-
EA
-99 1
1
Line: 2
descrir�IfIn:
Y
D
Unit
UnitPrice
Total
Key DuplieadDn: American single out at stop
4 -
EA
2-99 1
1
Line: 3
descriqPn:
Unit
UnitPriee
Total
Key Duplication: American single tut with
EA
anti -theft system cut Dnsite
Line: 4
DescriRn:
Unit
UnitPrice
Total
Key Duplication: American sirgle curt with
1 .
EA
antitheft s sh
y� cut at °p
75.00
Line: 5
descrQtian_
Unit
UnitPrice
Total
Key Duplication: American doubt- curt ansite
5 .
E.-.
-99 1
1
Line: 5
Desori"pn:
qq�
Unit
UnitPrice
Total
Key Duplication: American daubte cut at shop
4G {iD
E.-.
S-99 1
1
Line: B
Deseriotion:
4XV
Unit
UnitPrice
Total
Key Duplication: American double curt with
4D.04
EA
antitheft system cut onsrte
Line:
Descrintjon_
�y
Unit
UnitPrice
Total
Key Dup Cation: American double cut with
A
EA
anti -theft system out at shop
175-00
Vendor Services Agreement Page 17 of 23
EXHIBIT B
PAYMENT SCHEDULE
OTOT.
PRICE SUBMFTTAL
EventlU Fagel T1rriibed_ EVENT DETAILS
CP DI-23-045E
Event Round Version Submit To: C ity of Fort Worth
1 1 FINANCIAL MANAGEMENT SERVICES
Event Name I FI NANC E - City Hall P urchasing
I-S Lacksmir3 Sec iaea 201) Texas SL (Lower Level Rm 1500)
Start Time Finish Time Fart Worth TX 70102-C314
04LI-912023 20-32-OD Mr F12-12023 12-30-00 CUT United States
Ernad: FMSPurchasingResponses@fortwarthtexas.gov
Line=.5
description::
Unit
UnitPrice
Total
Key duplication: Famign single out onsL-...
ER
14.50 1
1
Line: 9
description_
{ttv
Unit
UnitPrice
Total
Key duplication: Foreign single cut at shag
40.0C
EA
I4-5D
Line: 11)
descriR cn:
UM
UnitPrice
Total
Key dug €ation: Foreign daub'e cut ansioe
40-OD
EA
14.50 1
1
Line: 11
description:
Otv
Unit
UnitPrice
Total
Key duplication: Foreign double cut at shag
40-00
EA
I4-50 1
1
Line: 12
descrigvn:
Unit
UnitPrice
Total
Key duo cation: Tubular onsit-
EA
5-00 1
1
Line: 13
descri nn:
Unit
UnitPrice
Total
Key duo natim: Tubutar at shop
AM
EA
5-00 1
1
Line: 14
descriRtinn:
9U
Unit
UnitPrice
Total
Key du €3tion: duplication best onsite
15-OD
EA
14-50 1
1
Line:15
description:
Otv
Unit
UnitPrice
Total
Key dupl €3tion: duplication best at shop
45-00
EA
14.50 1
1
Vendor Services Agreement
Michael's Keys, Inc. Page 18 of 23
EXHIBIT B
PAYMENT SCHEDULE
FORT WORTH
PRICE SUBMWTAL
Event ID Page kwked: EVENT DETAILS
�:F4401-23-0:59 a
Event Round version Submit To: City of Fart Worth
1 FINANCIAL MANAGEMENT SERVICES
Event Name I FINANCE- City Hall Purchasing
: —9 1, d,k mi th Ser i,xs 201) Texas SL (Lower Level Rm 15U(I]
Start Time FnishTime Fart Worth TX 70102-6314
J611EJ2023 14:31:0D Cff 09121/2023 13:30:00 CUT United States
Email: FMSPurohasingResponses@fortworthtexas.gov
Line: 16
l7escrio�pn:
Unit
Un tPrice
Toil
Key duplication: Transponder duplicate with
EA
one key cut onsite-
75-OO
Line: '7
❑escriotian:
ON
Unit
UnitPrice
Total
Key D..plicatian:Transponder duplieatewith
10.04
EA
one key cut at shop
175.00
Line: 70
Descriptian:
�y
Unit
UnitPriae
Total
Key duplication: Transponder duplicate
EA
with two keys cut onside
Line: 19
Description:
pty
Unit
UnitPrire
Total
Key Duplication: Transponder duplicate with
50.00
EA
two keys out at shag
Line: 20
description:
U nit
. Ini4Prirp
TafAl
Key Duplicatonm : Commercial single cut onside
EA
3.50
Line- 21
Descrigbgq:y
Unit
UnitPrice
Total
Key i m on: Commercial single cut at
- o
EA
shop
Is-5D
Line- 22
Description:
Qty
Unit
UnitPrioe
Total
Key Dtllication: Transponder duplicate with
35.00
EA
one current key cut onside
175.00 I
I
Line: 23
Description:
V�((
Unit
UnitPrie-e
Total
Key duplication: Transponder duplicate with one
10.00
EA
current key cut at shop
175.00 I
I
Vendor Services Agreement
Michael's Keys, Inc. Page 19 of 23
EXHIBIT B
PAYMENT SCHEDULE
FART WO T .
PRICE SUBMnTAL
Event Id Pair I Itwited= EVENT DETAILS
CFK01-23-0099 5
Event Round Version Submit To: City of Fort Warth
], _ FINANCIAL MANAGEMENT SERVICES
Event Mare I FINANCE- City Hall Purchasing
_;--B l,ocksmi =h Servixa 2DU Texas SL (Lower Level R.m 1500)
Start Time Finish Time I Fart Worth TX TO102-C314
30--Y 2023 10-31:a0 = -911=/2023 13:34:4a COT United States
Email: FMSPurchasingResponsesfortworhtexas.gov
Line- 24
Description: �1�y Unit UnitPrice Tatal
Key duduplicate plk=ian_ Transponder with two f5.lfa EA
current keys out onside 130-00
Line- 25
description: Unit UnitPrice Total
Key Duplication: Transponder duplicate with two 0- EA
current keys out at shop 130-00
Line: 29
Description_
qh
Unit
UnMice
Total
RekeyChange: Lock in Lever (key) onsite
TOM
EA
rwtth 2 keys)
125-OD
Line: 2
Des cr�p�on:
Rekey {,`Range: Lock in Lever {key) at shop
1 ` -dd
Unit
EA
UnMioe
Total
twith.2 keys)
I � �-
Line: 26
description:
Otv
Unit
UnMice
Total
Rekey Change: Lock rim or mortise cylinder an
Bd-Od
EA
sie (w-th F keys)
I25-OD I
I
Line- 29
desoripp'on:
ckx
Unit
UnMice
Total
Rekey Change: Lock rim or mortise cylinder at
BOM
EA
shop �wrth2ke),B)
I18-5D I
I
Line: 30
desrrioo'�on:
Unit
UnMice
Total
Rekey Change: Best with change key onsi-
B
EA
I25-OD I
I
Line- 31
descripotiqon:
Rekey Change: Best with change key at shop
ChX
100-N
Unit
EA
UnitPrice
Total
1 18-5D
Vendor Services Agreement
Michael's Keys, Inc. Page 20 of 23
EXHIBIT B
PAYMENT SCHEDULE
FORT WORTH.
PRICE SUBMrFTAL
Event ID Page I Inrrtedl: EVENT DETAILS
UW01-23-QO58
Event Round Version Submit To: City of FwtWarth
1 = FINANCIAL MARAGEMENT SERVICES
Event Name I FINANCE- City Hall Purchasing
I7E I,acksmi [b Srrviaea 201) Texas SL (Lower Level Rm 1500)
Slant Tune Finish Time Fart Worth TX 7,01 02-6314
Odl18f2d23 14=31=0diM 4511112U23 13-34=40 r>aT United States
Email: FMSPurchasingResponses(Mfortworthtexas.gov
Line: 32
desorption:
GKv
Unit
UnitPrire
Total
Rekey Change: Tubularonsim
00.013
EA
I45-00
I
Line: 33
desm%VGn:
Gft
Unit
UnitPrice
Total
Rekey Change: Tubular at shop
60M
EA
I:35-00
I
Line: 34
description:
Unit
UnitRke
Total
Rekey Change: Vehides with air bagshrith VeNcle Arr&Theft
iWX
75L0
EA
System (vats) andror Passive Anti -Theft Systern (pats) onsite
I 1 s5.00
(with kEO
Line: 35
Descrroti°n-
Otv
Unit
UnitRiee
Total
Rekey Change: Vehicles with ai bags.Lwhh
175-M
E-.
wa15 aFeat pats ansibe (with-Dut key)
12-25.00 I
I
Line: 36
desoriq'on:
9h
Unit
UnitPtlCe
Total
Rekey Change: Vehides with air bags.?
17, d
EA
we 1h vats androt pars al shop (with key)
1195.00 I
I
Line: 37
desorip 'on:
Unit
UnitPriee
Total
Rekey v�a-ge: Vehkdes„ith air bagshvith
1 - 0
EA
vacs a-&Cr pats at shW NOth-out key)
I .1 9,5.00 I
I
Line: 3B
descripton:
Otr
Unit
UnitPtice
Total
RekeyChannge:Transponder atsite
150-00
EA
1225.00 1
1
Line: 2
description:
Otv
Unit
UnitPtiee
Total
Rakeyvha-ge:Transponderatshop
150-00
EA
1 9,5.00 I
I
Vendor Services Agreement
Michael's Keys, Inc. Page 21 of 23
EXHIBIT B
PAYMENT SCHEDULE
FORT WORTH.
'1110� PRICE SUBMITTAL
Event Id Pa4p rrvited: EVENT DETAILS
CFYrO1-23-0458 7
Event Round Version Submit To: City of Fort Warth
I 1 FINANCIAL MANAGEMENT SERVICES
EverdName FINANCE- City Hall Purchasing
I'_8 I,ocksmitb Ser iaei 201) Texas SL (Lower Level Rm 1500)
Stark Tine Fiiish Time Fart Worth 7X 76102-0314
13d118f4D23 20:32:OD CM o5111121323 13:30:00 CDT United States
Email: FMSPurchasingResponses@fortworthtexas.gov
Line: 40
description:
Qbr
Unit
UnhPrice
Total
Key, Remote Head, 2011 Ford Escape (H75 MADE
125.00
EA
BUTTON) cut owite
1200.00
Line: 41
description:
Gh
Unit
UnitPriee
Tctal
Key. Rernate Head. 2011 Ford Escape (H75 BLADE 4
2S.Do
EA
BUTTON) cut at shop
1200.00
Line: 42
Desc ' ion-
Unit
UnitPrice
Total
Key, RemateHead, 2018 Ford Escapef.HU101 BLADE
2 h 0
EA
3 BUTTON) cut onsite
1200.00
Line: 43
Description:
City
Unit
UnitPrice
Total
Key, Remote Head, 2018 Ford Escape (HU101 BLADE
25.00
EA
3 BUTTON) cut at shop
1200.00
Line: 44
Description:
Otv
Unit
UnitPriCe
Total
Locksmith Services. S.eruice Call Charge Normal
150.00
HR
hags - Man -Fri 8:00Arn-5:OOPM
175.00
Line: 45
Description:
Unit
UnitPrice
Total
Locksmith Services Sery ce Call, After Hams -
5.
HR
Mon -Fri 5-01 PM - 7:59AM, SabSvn, Holidays
1125.00
Line: 40
Descri[P'Dn:
?AD
Unit
UnitPrice
Total
Locksmhh Services_ Regular Hours - Mon -Fri, 13:00Am
1
HR
-5:OOPM
75.00
Line: 47
descriotion:
Otv
Unit
UnitPrice
Total
Locksmith Services_ After Hours - Mon-Fn 5:01 PM -
55_DO
HR
7:52AM, Sat Sun, Hdioap
-14.50
Vendor Services Agreement
Michael's Keys, Inc. Page 22 of 23
EXHIBIT B
PAYMENT SCHEDULE
FORT WORTH
"11�
PRICE SUBMITTAL
Event ID
Page
Invitt+d= EVENT DETAILS
CFW01-23-0058
-
Event Round Version
Submit To: CiyDfFDrtWarth
1 k
FINANCIAL MANAGEMENT SERVICES
Event Name
FNANCE- City Hall Purchasing
T_S I,acksm tb Services
201) Texas SL (Lower Level Rm 150(l}
Start Time Firsh Time
Fart Worth TX 70102-C314
0d/1812p23 14=31=06 iVP 45f11/2023
L3.34=40 CGT
United States
Email: FMSPurchasingResponses@fortwDahtexas.gov
Line: 4l#
Desvipbmr
My
Unit UnilPrice Told
Key. Commercial Key, Schlage SC9, SC 1. SC4. SC7
15fL00
EA
Box Df 50
12.99
Total Bid f x mount:
Line: 46
Description_
gffg
LjDrt
Padlocks
50.00
EA
Percentd&mntfromFist price 20
Line: 50
Descriptierc
Combination Look digital
55.00
EA
Percentdisowrtfromlist price %
Line: 51
Desvilpfim=
Qty
LI &
Safes
25.00
EA
Peraem disDatff t iron list price 40
Lirre_ rat
descrotian_
Ups
Lever, Electric, 24 malt
24A0
EA
Percent discowrt frorn list price 25 %
Line: 53
Deseriptim:
OltiF
Unit
Repla. TmYL Safe Battery, electronic keypad
24.00
EA
Percent dis.ount from I ist price %
Vendor Services Agreement
Michael's Keys, Inc. Page 23 of 23
7/12/23, 9:30 AM
M&C Review
CITY COUNCIL AGENDA
Create New From This M&C
DATE: 6/27/2023 REFERENCE
NO..
CODE: P TYPE:
Official site of the City of Fort Worth, Texas
FoRTWORyn
**M&C 23- LOG NAME: 13P 23-0058 LOCKSMITH
0545 SERVICES EC PMD
CONSENT PUBLIC NO
HEARING:
SUBJECT: (ALL) Authorize Execution of an Agreement with Michael's Keys, Inc. for Locksmith
Services for City Departments in an Annual Amount Up to $200,000.00 and Authorize Up
to Four Automatic Renewals for the Same Annual Amount
RECOMMENDATION:
It is recommended that the City Council authorize execution of an agreement for with Michael's Keys,
Inc. for locksmith services for City Departments in an annual amount up to $200,000,00 and authorize
up to four automatic renewals for the same annual amount.
DISCUSSION:
The Property Management Department approached the Purchasing Division to finalize an agreement
for locksmith services. Property Management was joined in this bid by the Water, Parks, Public
Events, Fire, Aviation, Police, Financial Management Services, Code Compliance and Library
Departments. In order to procure these items, Purchasing issued Invitation to Bid (ITB) No. 23-0058
describing the specifications needed by the Property Management Department. These services will
be used for repair and replacement of existing locks, lock rekeying and key copying, and to purchase
locks and key blanks.
The bid was advertised in the Fort Worth Star -Telegram for four (4) consecutive Wednesdays
beginning on April 19, 2023, April 26, 2023, May 3, 2023 and May 10, 2023. The bid was opened on
May 11, 2023.
The City received three (3) responses. One response was deemed non -responsive for failing to
include all of the required documentation.
An evaluation panel comprised of members of the Property Management Department and the
Economic Development Departments reviewed and scored the submittals using the Best Value
criteria.
The scores were averaged for each of the criteria and the final scores are listed in the table below.
Proposer Evaluation Factors
a b c d e Total Rank
Michael's Keys, Inc. 17.00 5.00 9.00 5.00 35.00 71.00 1
Priority Lock and Key 15.00 5.00 7.00 5.00 0 32
* The Bidder did not achieve the minimum number of technical points to proceed, therefore, did not
receive a ranking.
Best Value Criteria:
a) Qualifications and Experience
b) Methodology and Approach to Performing Services
c) Resources (Personnel Available)
d) Resources (Equipment)
e) Cost of Services
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7/12/23, 9:30 AM
M&C Review
After evaluation, the panel concluded that Michael's Keys Inc. presents the best value for the City.
Therefore, the panel recommends that Council authorize an agreement with Michael's Keys, Inc. Staff
certifies that the recommended vendor's bid met specifications.
FUNDING: The maximum amount allowed under this agreement will be $200,000.00.00; however, the
actual amount used will be based on the need of the departments and available budget. Funding is
budgeted in the participating departments' operating funds.
DVIN-BE - A waiver of the goal for Business Equity subcontracting requirement is approved by the
DVIN-BE, in accordance with the Business Equity Ordinance, because the purchase of goods or
services is from sources where subcontracting or supplier opportunities are negligible.
ADMINISTRATIVE CHANGE ORDER: An administrative change order or increase may be made by
the City Manager up to the amount allowed by relevant law and the Fort Worth City Code and does
not require specific City Council approval as long as sufficient funds have been appropriated.
AGREEMENT TERMS: Upon City Council approval, this agreement shall begin upon execution and
expire on September 30,2023.
RENEWAL TERMS: This agreement may be renewed for up to four (4) additional, automatic one-
year terms. This action does not require specific City Council approval provided that the City Council
has appropriated sufficient funds to satisfy the City's obligations during the renewal term.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that funds are available in the current operating budget, as
previously appropriated, in the participating departments' Operating Funds to support the approval of
the above recommendation and execution of the agreement. Prior to any expenditure being incurred,
the participating departments have the responsibility to validate the availability of funds.
BQN\\
TO
Fund Department Account Project Program Activity
ID ID
FROM
Fund Department Account Project
ID ID
Submitted for City Manaqer's Office by_
Originating Department Head:
Additional Information Contact:
ATTACHMENTS
Program Activity
Budget Reference # Amount
Year (Chartfield 2)
Budget Reference # Amount
Year (Chartfield 2)
Dana Burghdoff (8018)
Reginald Zeno ()
Reginald Zeno (8517)
Steve Cooke (5134)
Jo Gunn (8525)
Eugene Chandler (2057)
,(Purchasing) Request for Business Equity Goal 04.03.23GV.pdf (CFW Internal)
1295.pdf (CFW Internal)
SAM Search Results.pdf (CFW Internal)
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