HomeMy WebLinkAboutContract 58644CSC No. 58644
VENDOR SERVICES AGREEMENT
Ace Pipe Cleaning, Inc.
This VENDOR SERVICES AGREEMENT ("Agreement") is made and entered into by and
between the CITY OF FORT WORTH ("City"), a Texas home rule municipal corporation and Ace Pipe
Cleaning, 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."
AGREEMENT DOCUMENTS:
This Agreement and supporting documents shall include the following:
1. Exhibit A— Scope of Services;
2. E�ibit B— Price Schedule;
3. Exhibit C— Verification of Signature Authority Form and;
4. E�ibit D— Insurance Requirements.
Exhibits A, B, C and D, which are attached hereto and incorporated herein, are made a part of this
Agreement for all purposes. In the event of any conflict between the terms and conditions of E�ibits A, B
or C and the terms and conditions set forth in the body of this Agreement, the terms and conditions of this
Agreement shall control.
SCOPE OF SERVICES.
Vendor shall perform small diameter sewer cleaning to remove, and properly dispose of all material
dislodged ar generated during the cleaning operation on behalf of the Water Department. E�ibit "A," -
Scope of Services more specifically describes the services to be provided hereunder.
2. TERM.
This Agreement shall begin on the Effective Date, as established herein, and shall expire one year
after completion of the Services, unless terminated earlier in accordance with this Agreement. City shall
have the option, in its sole discretion, to renew this Agreement under the same terms and conditions, for up
to five (5) one-year renewal options.
3. COMPENSATION.
City shall pay Vendor in accordance with the fee schedule of Vendor personnel who perform
services under this Agreement in accordance with the provisions of this Agreement and Exhibit "B," — Price
Schedule. Total payment made under this Agreement shall be in the amount of Four Hundred, Eighty-
One Thousand, Three Hundred and Fifly Dollars ($481,350.00). Vendor shall 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 shall not be liable for any additional expenses
of Vendor not specified by this Agreement unless City first approves such expenses in writing.
4. TERMINATION.
4.L Written Notice. City or Vendor may terminate this Agreement at any time and far any
reason by providing the other party with 30 days' written notice of termination.
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
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42 Non-appropriation of Funds. In the event no funds or insufficient funds are appropriated
by City in any fiscal period for any payments due hereunder, City will notify Vendor of such occurrence
and this Agreement shall terminate on the last day of the fiscal period for which appropriations were
received without penalty or expense to City of any kind whatsoever, except as to the portions of the
payments herein agreed upon for which funds have been appropriated.
4.3 Duties and Obli�ations of the Parties In the event that this Agreement is terminated prior
to the Expiration Date, City shall pay Vendor far services actually rendered up to the effective date of
termination and Vendar shall continue to provide City with services requested by City and in accordance
with this Agreement up to the effective date of termination. Upon termination of this Agreement for any
reason, Vendor shall provide City with copies of all completed or partially completed documents prepared
under this Agreement. In the event Vendor has received access to City Information or data as a requirement
to perform services hereunder, Vendor shall return all City provided data to City in a machine readable
format or other format deemed acceptable to 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,
Vendar hereby agrees immediately to make full disclosure to City in writing.
5.2 Confidential Information. Vendor, for itself and its officers, agents and employees, agrees
that it shall treat all information provided to it by City ("City Information") as confidential and shall not
disclose any such information to a third pariy without the prior written approval of City.
53 Unauthorized Access. Vendor shall store and maintain City Information in a secure manner
and shall not allow unauthorized users to access, modify, delete or otherwise corrupt City Information in
any way. Vendor shall notify City immediately if the security or integrity of any City Information has been
compromised ar is believed to have been compromised, in which event, Vendor shall, in good faith, use all
commercially reasonable efforts to cooperate with City in identifying what information has been accessed
by unauthorized means and shall fully cooperate with City to protect such City Information from further
unauthorized disclosure.
6. RIGHT TO AUDIT.
Vendor agrees that City shall, until the expiration of three (3) years after final payment under this
contract, or the final conclusion of any audit commenced during the said three years, have access to and the
right to examine at reasonable times any directly pertinent books, documents, papers and records, including,
but not limited to, all electronic records, of Vendor involving transactions relating to this Agreement at no
additional cost to City. Vendor agrees that City shall have access during normal working hours to all
necessary Vendor facilities and shall be provided adequate and appropriate work space in order to conduct
audits in compliance with the provisions of this section. City shall give Vendor reasonable advance notice
of intended audits.
7. INDEPENDENT CONTRACTOR.
It is expressly understood and agreed that Vendor shall operate as an independent contractor as to
all rights and privileges and work perfarmed 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,
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Vendor shall have the exclusive right to control the details of its operations and activities and be solely
responsible for the acts and omissions of its officers, agents, servants, employees, consultants and
subcontractors. Vendor acknowledges that the doctrine of respondeat superior shall not apply as between
City, its officers, agents, servants and employees, and Vendor, its officers, agents, employees, servants,
Vendors and subcontractors. Vendor further agrees that nothing herein shall be construed as the creation
of a partnership or joint enterprise between City and Vendor. It is further understood that City shall in no
way be considered a co-employer or a joint employer of Vendor or any officers, agents, servants, employees
or subcontractor of Vendor. Neither Vendor, nor any officers, agents, servants, employees or subcontractor
of Vendor shall be entitled to any employment benefits from City. Vendor shall be responsible and liable
for any and all payment and reporting of taxes on behalf of itself, and any of its officers, agents, servants,
employees or subcontractor.
8. LIABILITY AND INDEMNIFICATION.
8.1 LIABILITY - T�ENDOR SHALL BE LIABLE AND RESPONSIBLE FOR A.NYAND
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 i�ENDOR, ITS OFFICERS, AGENTS,
SERVANTS OR EMPLOYEES.
8.2 GENERAL INDEMNIFICATION- VENDOR HEREBY COVENANTSAND AGREES
TO INDEMMFY, HOLD Hf1RMLESSAND DEFEND CITY, ITS OFFICERS, AGENTS, SERVANTS
AND EMPLOYEES, FROMAND AGAINSTANYAND ALL CLAIMS OR LAWSUITS OFANYKIND
OR CHARACTER, WHETHER REAL OR ASSERTED, FOR EITHER PROPERTY DAMAGE OR
LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO VENDOR'S BUSINESS AND ANY
RESULTINGLOSTPROFITS)AND/ORPERSONALINJURY,INCLUDINGDEATH, TOANYAND
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 OR EMPLOYEES.
83 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 shall not apply if City modifies or misuses the software and/or
documentation. So long as Vendor bears the cost and expense of payment for claims or actions against
City pursuant to this section, Vendor shall 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 shall have the right to fully participate in any and all such settlement,
negotiations, or lawsuit as necessary to protect City's interest, and City agrees to cooperate with
Vendor in doing so. In the event City, for whatever reason, assumes the responsibility for payment
of costs and expenses for any claim or action brought against City for infringement arising under this
Agreement, City shall have the sole right to conduct the defense of any such claim or action and all
negotiations for its settlement or compromise and to settle or compromise any such claim; however,
Vendor shall fully participate and cooperate with City in defense of such claim or action. City agrees
to give Vendor timely written notice of any such claim or action, with copies of all papers City may
receive relating thereto. Notwithstanding the foregoing, City's assumption of payment of costs or
expenses shall not eliminate Vendor's duty to indemnify City under this Agreement. If the software
and/or documentation or any part thereof is held to infringe and the use thereof is enjoined or
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restrained or, if as a result of a settlement or compromise, such use is materially adversely restricted,
Vendor shall, at its own expense and as CiTy's sole remedy, either: (a) procure for City the right to
continue to use the software and/or documentation; or (b) modify the software and/or documentation
to make it non-infringing, provided that such modification does not materially adversely affect
City's authorized use of the software and/or documentation; or (c) replace the software and/or
documentation with equally suitable, compatible, and functionally equivalent non-infringing
software and/or documentation at no additional charge to City; or (d) if none of the foregoing
alternatives is reasonably available to Vendor terminate this Agreement, and refund all amounts paid
to Vendor by City, subsequent to which termination City may seek any and all remedies available to
City under law.
9. ASSIGNMENT AND SUBCONTRACTING.
9.1 Assi nment. Vendor shall not assign or subcontract any of its primary duties, obligations
ar rights under this Agreement without the prior written consent of City. If City grants consent to an
assignment, the assignee shall eYecute a written agreement with City and Vendor under which the assignee
agrees to be bound by the duties and obligations of Vendor under this Agreement. Vendor and Assignee
shall be jointly liable for all obligations of Vendor under this Agreement prior to the effective date of the
assignment.
9.2 Subcontract. If City grants consent to a subcontract for primary duties, such subcontractor
shall execute a written agreement with Vendor referencing this Agreement under which subcontractar shal]
agree to be bound by the duties and obligations of Vendor under this Agreement as such duties and
obligations may apply. Vendor shall provide City with a fully executed copy of any such subcontract.
10. INSURANCE.
Insurance requirements are found on Exhibit D.
11. COMPLIANCE WITH_LAWS, ORDINANCES RULES AND REGULATIONS
Vendor agrees that in the performance of its obligations hereunder, it shall comply with all
applicable federal, state and local laws, ordinances, rules and regulations and that any work it produces in
connection with this Agreement will also comply with all applicable federal, state and local laws,
ordinances, rules and regulations. If City notifies Vendor of any violation of such laws, ordinances, rules
or regulations, Vendor shall immediately desist from and correct the violation.
12. NON-DISCRIMINATION COVENANT.
Vendor, for itself, its personal representatives, assigns, subcontractors and successors in interest,
as part of the consideration herein, agrees that in the performance of Vendor's duties and obligations
hereunder, it shall not discriminate in the treatment or employment of any individual or group of individuals
on any basis prohibited by law. IF ANY CLAIM ARISES FROM AN ALLEGED VIOLATION OF
THIS NON-DISCRIMINATION COVENANT BY VENDOR, ITS PERSONAL
REPRESENTATIVES, ASSIGNS, 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.
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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 electronic means with 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 Ace Pipe Cleaning, Inc.
Attn: Dana Burgdoff, Assistant City Manager Theresa Calvert,Vice President
200 Texas Street 6601 Universal Ave.
Fort Worth, TX 76102-6314 Kansas City, Mo 64120
Facsimile: (817) 392-8654
With copy to Fort Worth City Attorney's Office at
same address
14. SOLICITATION OF EMPLOYEES.
Neither City nor Vendor shall, during the term of this Agreement and additionally for a period of
one year after its termination, solicit for employment or employ, whether as employee or independent
contractor, any person who is or has been employed by the other during the term of this Agreement, without
the prior written consent of the person's employer. Notwithstanding the foregoing, this provision shall not
apply to an employee of either party who responds to a general solicitation of advertisement of employment
by either party.
15. GOVERNMENTAL POWERS.
It is understood and agreed that by execution of this Agreement, City does not waive or surrender
any of its governmental powers or immunities.
16. NO WAIVER.
The failure of City or Vendor to insist upon the performance of any term or provision of this
Agreement or to exercise any right granted herein shall not constitute a waiver of City's or Vendor's
respective right to insist upon appropriate performance or to assert any such right on any future occasion.
17. GOVERNING LAW / VENUE.
This Agreement shal] 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.
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 shall not in any way be affected or impaired.
19. FORCE MAJEURE.
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City and Vendor shall exercise their best efforts to meet their respective duties and obligations as
set forth in this Agreement, but shall not be held liable for any delay or omission in performance due to
force majeure or other causes beyond their reasonable control, including, but not limited to: acts of the
public enemy, fires, strikes, lockouts, natural disasters, wars, riots, material or labor restrictions by any
governmental authority, and/or any other similar causes.
20. HEADINGS NOT CONTROLLING.
Headings and titles used in this Agreement are for reference purposes only, shall not be deemed a
part of this Agreement, and are not intended to define or limit the scope of any provision of this Agreement.
21. REVIEW OF COUNSEL.
The parties acknowledge that each party and its counsel have reviewed and revised this Agreement
and that the normal rules of construction to the effect that any ambiguities are to be resolved against the
drafting party shall not be employed in the interpretation of this Agreement including its.
22. AMENDMENTS/ MODIFICATIONS/ EXTENSIONS
No amendment, modification, or extension of this Agreement shall be binding upon a pariy hereto
unless set forth in a written instrument, which is executed by an authorized representative of each party.
23. ENTII2ETY OF AGREEMENT.
This Agreement, including its E�ibits, 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 nul] and void to the extent in conflict with
any provision of this Agreement.
24. COUNTERPARTS.
This Agreement may be executed in one or more counterparts and each counterpart shall, far all
purposes, be deemed an original, but all such counterparts shall together constitute one and the same
instrument.
25. 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 thiriy (30) days from
the date that the services are completed. In such event, at Vendor's option, Vendor shall either (a) use
commercially reasonable efforts to re-perform the services in a manner that conforms with the warranty, or
(b) refund the fees paid by City to Vendar for the nonconforming services.
26. IMMIGRATION NATIONALITY ACT.
Vendor shall verify the identity and employment eligibility of its employees who perform work
under this Agreement, including completing the Employment Eligibility Verification Form (I-9). Upon
request by City, Vendor shall provide City with copies of all I-9 forms and supporting eligibility
documentation for each employee who performs wark under this Agreement. Vendor shall adhere to all
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Federal and State laws as well as establish appropriate procedures and controls so that no services will be
performed by any Vendor employee who is not legally eligible to perform such services. VENDOR
SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES,
LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY VENDOR,
VENDOR'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. City, upon written
notice to Vendor, shall have the right to immediately terminate this Agreement for violations of this
provision by Vendor.
27. OWNERSHIP OF WORK PRODUCT.
City shall be the sole and exclusive owner of all reports, work papers, procedures, guides, and
documentation, created, published, displayed, and/or produced in conjunction with the services provided
under this Agreement (collectively, "Work Product"). Further, City shall be the sole and exclusive owner
of all copyright, patent, trademark, trade secret and other proprietary rights in and to the Work Product.
Ownership of the Wark Product shall inure to the benefit of City from the date of conception, creation or
fixation of the Work Product in a tangible medium of expression (whichever occurs first). Each
copyrightable aspect of the Work Product shall be considered a"work-made-for-hire" within the meaning
of the Copyright Act of 1976, as amended. If and to the extent such Work Product, or any part thereof, is
not considered a"work-made-for-hire" within the meaning of the Copyright Act of 1976, as amended,
Vendor hereby eYpressly 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.
28. SIGNATURE AUTHORITY.
The person signing this Agreement hereby warrants that he/she has the legal authority to execute
this Agreement on behalf of the respective party, and that such binding authority has been granted by proper
order, resolution, ordinance or other authorization of the entity. This Agreement and any amendment hereto,
may be executed by any authorized representative of Vendar whose name, title and sib ature is affixed on
the Verification of Signature Authority Form, which is attached hereto as Exhibit "C". Each party is fully
entitled to rely on these warranties and representations in entering into this Agreement or any amendment
hereto.
29. CHANGE IN COMPANY NAME OR OWNERSHIP.
Vendor shall notify City's Purchasing Manager, in writing, of a company name, ownership, ar
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.
30. PROHIBITION ON CONTRACTING WITH COMPANIES THAT BOYCOTT ISRAEL
Vendor unless a sole proprietor, acknowledges that in accordance with Chapter 2271 of the Texas
Government Code, if Vendor has 10 or more full time-employees and the contract value is $100,000 or
more, 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
Vendor Services Agreement (Rev.9.0721) Page 7 of 13
not boycott Israe] during the term of the contract. The terms "boycott Israel" and "company" shall have
the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this
contract, Vendor certifies that Vendor's signature provides written verification to the City that if
Chapter 2271, Texas Government Code applies, Vendor: (1) does not boycott Israel; and (2) will not
boycott Israel during the term of the contract.
31. PROHIBITION ON BOYCOTTING ENERGY 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), the City is prohibited from entering into a contract for
goods or services that has a value of $100,000 or more, which will 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.
32. 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 which will 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
ofthe 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.
IN WITNESS WHEREOF, the parties hereto have eYecuted this Agreement to be effective as of
the date subscribed by the City's Assistant City Manager ("Effective Date").
(si;nature page and exlaibits follow)
Vendor Services Agreement (Rev.9.o7.z1) Page 8 of 13
ACCEPTED AND AGREED:
CITY OF FORT WORTH:
T�� �3��.���'.�°GG
o,n� a���f,i,ciorf (oec �i, zo vsa csr�
By: Name: Dana Burgdoff
Title: Assistant City Manager
Date:
APPROVAL RECOMMENDED:
Christopher l�arder
By_ �,�;roP�,e� �.,,�A� �o�«f,.z�zz�� �; ��7,
Name: Chris Harder, PE
Title: Water Director
ATTEST:
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p F FORT�aa
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a°�� � o9-��d
dvo o=o
Ppp'� °oo o° �`vd
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�a�.r2e-fte-S, ��rcr%a,CG
B}�� JannetteS.Goodall(Dec22,20221S08CST)
Name: Jannette Goodall
Title: City Secretary
APPROVED AS TO FORM AND LEGALITY
�
By: ��a�� �.o��: �. z��� ���<<; �,T�
Name: Doug Black
Title: Sr. Assistant City Attorney
CONTRACT AUTHORIZATION:
M&c: 22-0953
DATE: 11/29/2022
1295:2022-947420
VENDOR:
By: Name: eresa Calvert
Title: Vice President
Date: 12/19/2022
CONTRACT COMPLIANCE MANAGER:
By signing I acknowledge that I am the person
responsible for the monitoring and administration of
this contract, including ensuring al] performance and
reporting requirements.
By� ��� ��
Name: Regina Jones
Title: Contract Compliance Specialist
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
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EXHIBIT A
SCOPE OF SERVICES
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PART 2
SCOPE OF SERVICES/SPECIFICATIONS
1.0 SCOPE
1.1 The City of Fort Worth (City) seeks bids to finalize an annual agreement for Small Diameter
Sewer Cleaning for the Water Department on an "as needed" basis. Prospective bidders
should ensure they download all attachments for complete responses and understanding of
the agreement the City intends to award from this solicitation. The successful bidder(s),
known hereafter as "Contractor"/ "Vendor".
1.2 This Agreement shall begin on the date stated in Purchase Order ("Effective Date") and
shall expire on upcoming September 30th, ("Expiration Date"), unless terminated earlier in
accordance with this Agreement ("Initial Term"). Upon the expiration of the Initial Term, the
Agreement shall renew automatically under the same terms and conditions for up to four
(4) one-year renewal periods (October 1 to September 30) and for a fifth renewal period
which shall expire on completion of total five-year duration, unless City or Contractor
provides the other party with notice of non-renewal at least 60 days before the expiration of
the Initial Term or renewal period. However, if funds are not appropriated, the City may
cancel the Agreement 30 calendar days after providing written notification to the
Contractor/Vendor.
1.3 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.
1.4 Following the award, additional services of the same general category that could have
been encompassed in the award of this Agreement, and that are not already on the
Agreement, may be added based on the discount bid and price sheet provided with the
bid.
1.5 Any specifications/requirements 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.
1.6 The submission of a bid by the bidder shall be considered evidence of compliance with
these requirements.
2.0 TENTATIVE SCHEDULE OF EVENTS
TASK DATE
ITB Release Date September 13, 2022
Deadline for Questions September 19 2022 at 10:OOAM (Local Time
Answers Posted September 21, 2022
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ITB Responses Due Date September 29, 2022 AT 1:30 p.m. (Local
Time)
Recommended Vendor Selection October, 2022
Mayor and Council Consideration November, 2022
Contract Execution December, 2022
3.0 CHANGE IN COMPANY NAME OR OWNERSHIP
3.1 The Vendor shall notify the 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 the company 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 do so may adversely impact future invoice
payments.
4.0 METHOD OF AWARD
4.1 Bids will first be evaluated based upon bids received from a responsible bidder that
presents the best value to the City. A responsible bidder is defined as a bidder that:
4.1.1 Meets all the requirements listed in Part 2, Section 5.0.
4.12 Submits a completed bid package within the stated deadline and in accordance
with the bid specifications.
4.2 Bids that do not receive 50% or more of the total available points, excluding the points for
price, will be deemed non-responsive.
4.3 The following criteria will be used to determine the best value:
4.3.1 Cost of service — up to 30 points
4.32 Contractor's qualifications, experience and references — up to 30 points
4.3.3 Availability of resources (equipment, personnel) - up to 25 points.
4.3.4 Ability of Contractor to meet the City's needs — up to 15 points
4.4 In order for the City to receive adequate coverage on its requirements as specified in the
solicitation, the City reserves the right to make multiple awards.
4.5 The City reserves the right to accept or reject in whole or in part any or all bids received
and to make an award on the basis of individual item, combination of items, or overall bid,
as it is deemed in the best interest of the City. The City also reserves the right to reject the
ITB 22-0214 Small Diameter Sewer Cleaning Services
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bid of a bidder who has previously failed to perform properly or complete on time
agreements of a similar nature.
4.6 The City reserves and shall be free to exercise the right to evaluate bid in relation to
performance record of bidder with the City itself, another municipal corporation of like size,
or private corporations during the past two-year period. Such precautions are deemed to be
in the public interest inasmuch as Vendor failure or inability to furnish items within the
prescribed time can create emergency situations and impose unnecessary hardship on
both the City as a municipal corporation and the public at large.
4.7 If Attachment B, Consideration of Location of Bidder's Principal Place of Business, is
completed by any Bidder, the City will review the Attachment to determine whether Local
Preference will apply to the award.
4.8 The City also reserves the right to reject the bid of a bidder who has previously failed to
perform properly or complete on time agreements of a similar nature.
5.0 CONTRACTOR REQUIREMENTS IN ORDER FOR THE BID TO BE EVALUATED
5.1 The Contractor shall:
5.1.1 Have a minimum of two (2) years of experience conducting services similar or
related to the Scope of Services/Specifications.
5.1.2 Have and operate a full-time, permanent business address with the ability to be
reached by email and telephone from 8:OOam — 5:OOpm, Monday- Friday.
6.0 DEFINITIONS
6.1 Contract Manager- City of Fort Worth employee assigned to manage the compliance,
oversight and/or administration of the contract or project for their department of
employment.
6.2 Designee - a City of Fort Worth employee assigned by the Department Contract Manager
to assist with the compliance, oversight and/or administration of the contract or Project.
7.0 SERVICE REQUIREMENTS
7.1 The Contractor has the entire responsibility to prevent sewer overflows and building
backups during cleaning operations. Any overflow that occurs shall be reported to the City
of Fort Worth, Field Operations division immediately. In addition, the Contractor shall
contact the City of Fort Worth Emergency Hotline (817-392-4477) and proceed with clean
up according to the instructions of the City and the Department of Environmental
Compliance. Contractor shall clean and restore the overflow site, and will compensate
property owners for all damages. If a backup occurs after hours and the Customer Service
Call Center receives a call, Field Operations will dispatch a crew to mediate the sewer
blockage. If the property owner files a claim for clean-up resulting from the backup, the
Contractor will be responsible for this expense.
7.2 It is the Contractor's responsibility to capture, remove, and properly dispose of all materials
dislodged or generated during the cleaning operations. During sewer cleaning operations,
all sludge, dirt, sand, rocks, grease, and any other solid or semi-solid material shall be
ITB 22-0214 Small Diameter Sewer Cleaning Services
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captured and removed from the downstream manhole of the section being cleaned.
Passing material into the downstream sewers is specifically prohibited.
7.3 Although it is not expected that a sewer will be left 100% clean, cleaning shall result in a
substantial improvement of hydraulic conditions where further cleaning would not
measurably improve the capacity of the sewer. The Contractor shall report to the City of
Fort Worth the extent of cleaning performed and the quantity and type of debris removed
from each reach of sewer inspected. The sewer cleaning report shall be submitted each
week.
7.4 The Contractor shall use appropriate step clean methods, which may result in light or
regular cleaning based on the sewer size, age, material, and condition. The Contractor
shall take necessary steps to prevent damage to the sewer in the cleaning process.
� 5 The City of Fort Worth shall determine whether the Contractor shall remove certain
obstructions to complete cleaning of the line. Heavily scaled pipe, including all iron pipes,
shall be technically cleaned followed by hydro flushing, similar to the cleaning of other
pipes.
7.6 Decanted waste water shall be routed or downstream of site back into the manhole or
downstream of site. Solids disposal will be at Cold Springs Processing (1300 Cold Springs
Rd, Fort Worth, Texas 76102) under the Water Department, Field Operations Division
account at no charge to the vendor. Manifest must be sent to project manager weekly.
8.0 ACCEPTANCE OF CLEANING
8.1 Acceptance of sewer line cleaning shall be based on inspection at manholes. The City will
do random spot checks using closed circuit television (CCTV) equipment. A line shall be
considered clean if the depth of debris remaining after cleaning is less than or equal to the
following:
Pipe Size Maximum Debris % Remaining
Less than 12 inches Negligible <5
13 inches through 1.5 inches >5
24 inches
9.0 MANHOLE CLEANING
9.1 Cleaning of debris from manholes shall be considered incidental to sewer main cleaning.
All debris shall be removed from the manhole walls and floor.
9.2 Debris shall be removed either manually or by a vacuum cleaning unit. Debris cleaned from
sanitary sewer mains shall be hauled by the Contractor to the disposal site indicated by the
City of Fort Worth. For the purposes of this Contract, the Contractor shall be deemed to
have removed debris when such debris has been loaded in the vehicle or other equipment
used by the Contractor to transport debris from the City's property. When the Contractor
has removed any debris, the debris shall become the sole property of the Contractor until it
is deposited at the sites identified. Junction chambers shall be cleaned to the same
standard as manholes
ITB 22-0214 Small Diameter Sewer Cleaning Services
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10.0 ORDER OF CLEANING
10.1 The pattern of cleaning within a collection system maintenance area shall be to clean from
the furthest upstream manhole, proceeding downstream to the trunk lines. Cleaning of
trunk lines should only be performed after all upstream sewers have been cleaned. City
approval is required for any exception to this procedure in advance.
102 Liquid shall be decanted back into the manhole at the site or downstream of siphons.
Solids disposal will be at Cold Springs Processing (1300 Cold Springs Rd, Fort Worth,
Texas 76102) under the Water Department, Field Operations Division account at no charge
to the Contractor. Manifest must be sent to project manager weekly.
11.0 EQUIPMENT REQUIREMENTS
11.1 High-velocityjet cleaning equipment: Cleaning shall be performed using high pressure
sanitary sewer cleaning units designed to deliver 50-65 gallons per minute of clean water at
a pump pressure of between 1800 and 2500 pounds per square inch (psi), through a
nozzle assembly designed for such application with orifices drilled at angles ranging from
10 to 60 degrees from the pressure hose axis, as appropriate for application and pipe size.
The nozzle assembly shall include a nozzle extension to center nozzle in pipe and prevent
nozzle from entering lateral lines. Equipment shall also include a high-velocity gun for
washing and scouring manhole walls and floor. The gun shall be capable of producing
flows from a fine spray to a solid stream. The equipment shall carry its own water tank,
auxiliary engines, pumps, and hydraulically driven hose reel.
112 For cleaning large diameter sewer, the Contractor may use a combination hydraulic high
volume water and solids separation system. Water volume of up to 250-gpm at or above
2,000-psi will move solids to the downstream manhole in high flow conditions. The
separation system will dewater solids to 95% (passing a paint filter test) and transfer them
to a dump truck, if needed, for transport to a water reclamation facility, approved landfill, or
other location specified by the County or designee. Wash water shall be filtered to a point
where it can be used in the pump for continuous cleaning. No bypassing of sewer flows will
be necessary. The unit shall be capable of 24-hour operation and the unit shall not leave
the manhole until a section is fully cleaned.
12.0 MOVE IN AND ASSOCIATED DEPLOYMENT COST
12.1 The "Move in fee" or "Mobilization fee" shall be defined as the cost incurred by the
contractor to perform any preparatory operations necessary for work to begin. It shall
include all activities and associated costs for transportation of the contractor's personnel,
equipment, and operating supplies to the site.
13.0 DEPLOYMENT AND RESPONSE TIME OF STANDARD SERVICE CALLS
13.1 The Contractor shall respond to a service call and deploy to the designated location within
three (3) hours of receiving a work order. A work order may contain one or more
deployment locations. One (1) "Move-In" fee shall be paid to the contractor per work order
issued, regardless of the number of deployment locations included.
14.0 DEPLOYMENT AND RESPONSE TIME OF EMERGENCY SERVICE CALLS
14.1 The City shall determine when an emergency situation exists. When emergency work is
required, the Contractor shall mobilize to the designated location within twenty-four (24)
hours after being given notification from the City. The Contractor shall make all necessary
arrangements for setting barricades, notifying citizens, etc. After the emergency work has
ITB 22-0214 Small Diameter Sewer Cleaning Services
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been completed, there will be no additional "Move-In" charges paid to remobilize back to
the previous project location.
15.0 CONTRACTOR REQUIREMENTS
15.1 The Contractor shall follow standard contractor meter procedures with the Water
Department to obtain and use hydrants. Only City of Fort Worth hydrants may be accessed.
A deposit will be required, but the vendor will not have a water usage bill. A log of use must
be kept and reported to the contract manager.
15.2 GIS files will be supplied by the City to the contractor to allow the contractor to create their
own maps.
15.3 All cost of permits for vehicles and transportation will be the responsibility of the Contractor.
15.4 The Contractor shall track daily job progress using a daily work log. This daily log will track
all quantities of work performed to include but not limited to the following:
15.4.1 Date/Time
15.4.2 Weather
15.4.3 Job Progress
15.4.4 Labor
15.4.5 Materials
15.4.6 Change Order Progress
15.5 Daily work logs shall be used to justify quantity of work performed on a specific work order
package.
15.6 The Contractor shall perform services on an as-needed basis Monday- Friday from 8am to
5pm.
15.7 The Contractor shall provide emergency services on an as-needed basis Monday- Friday
during normal working hours as well as all hours weekends and holidays. Work outside of
normal hours is not anticipated, but the contingency needs to be covered.
15.7.1 City observed holidays are:
15.7.1.1 New Year's Day
15.7.1.2 Martin Luther King, Jr. Day
15.7.1.3 Memorial Day
15.7.1.4 Juneteenth
15.7.1.5 Independence Day
15.7.1.6 Labor Day
15.7.1.7 Thanksgiving Day
ITB 22-0214 Small Diameter Sewer Cleaning Services
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EXHIBIT B
PRICE SCHEDULE
Vendor Services Agreement — Exhibit B(Rev.9.o721) Page 11 of 13
FORT WORTH
-�V BlD SUBMISSION S[GNATURE PAGE
EventlD — — — - Page
CFWO1-22-0214 �
Event Round Version
1 1
Event Name -
iT5 Sr.ia11 D_amete= Se:•:e= Clean'_c�a :ccv'_ces
Start Time
Finish Time
09/13/2022 08:00:0� CDT 09/29/2022 13:30:00 CDT
Invited: EVENT DETAILS
Submit To: City of Fort Worth
FINANCIAL MANAGEMENT SERVICES
FINANCE - Purchasing
200 Texas St. (Lower Level, South)
Fo�t wortn nc �s� 02
United States
Email: FMSPurchasingResponses@fortworthtexas.gov
The undersigned, by his/her signature, represents that he/she is submitting a binding offer and is authorized
to bind the respondent to fully comply with the solicitation document contained herein. The Respondent, by
submitting and signing below, acknowledges that he/she has received and read the entire document packet
sections defined above including all documents incorporated by reference, and agrees to be baund by the terms
therein.
Legal Company Name: Ace Pipe Cleaning, Inc.
Company Address: 6601 Universal Ave.
City, State, Zip: Kansas City, MO 64120
Vendor Registration No. 0000011180
Printed Name of Offrcer orAuthorized Representative: Bruce Vantine
Title: Secretary/Treasurer
Signature of O�cer orAuthorized Representative:
Date: 9�2��22
Email Address: bvantine@acepipe.com
Phone Number: $�6-241-2891
Federal Identification Number (FID)� 44-0580656
Will agreement be available for Cooperative Agreement use? Yes X No_ (refer to Section 22, Part 1)
ITB 22-0214 Small Diameter Sewer Cfeaning Services
2 of 28
FORT WORTH
L�- BID SUBMISStON SIGNATURE PAGE
-- _
EventlD Page
CFWO1-22-0214
Evont Round Version
I 1
- --
Event Name - - -
IT3 Sma1l.Diamete� S�;•.e� Cl�anina Services
StartTime Finish Time
Q.°/_=_�•/2�2"l. OB:OG;O_0 Cb'" 09j29,�2022 13:30:O�i CD^
Line: 1
Descriptio_n;__ _
SEWER LINE CLE/1NING<=10" DIAMETER
Invited: EVENT DETAILS
Submit To: City of Fort Worth
FINANCIAL MANAGEMENT SERVICES
FINANCE - Purchasing
200 Texas St. (Lower Level, South)
Fort wortn rx �s�o2
United States
Email: FMSPurchasingResponses@fortworthtexas.gov
Qty Unit
150000_00 LF
UnitPrice
.69
Line: 2
Description:
SEWER LINE CLEANING - 10"< TO 16" DIAMETER
Qty Unit
180000.00 LF
UnitPrice
_ 81
Line: 3
DesCription:
Tota1
103,540.00
Total
145,800.00
_ — - -- Qty^___._ ___ Unit UnttPrice Tocal
- _ __
SEWER LINE CLEANING - 16" < TO 21" DIAMETER 90�00.00 LF -- --
_____
1.33 119,700.00
Line: 4
Doscription_
- - -W._
SEWER LINE CLEANING - 21" < TO 24" DIAMETER
Line: 5
Description:
MOVE IN FEE
Qty Unit
60000,00 LF
_ - aty--_ unit
3.00 LF
Line: 6
Description__ _ _Qty _ _ _ __ URit
EMERGENCY M�VE IN FEE (8 AM-5 PM) WEEKDAYS, 3.�0 LF
ALL HOURS WEEKENDSAND HOLIDAYS
Uni[Price Total
'I .71 102,6Q0.00
UrtitPrice Total
750.00 2,250.J0
UnitPrice _. _ Total_--_-_
2,500.00 7.500_00
Total Bid Amount: --
$481,350.00
A bid of "0" (zero) will be interpreted by the City as a no-charge (free) item and the City will not expect to pay for that item. A bid of "no bid" or
no response (space left blank) will be interpreted by the City that the Offeror does nof wish to bid on that item. Be advised, a"no bid" or no
response may be considered as non-responsive and may result in disqualification of the bid.
ITB 22-0214 Small Diameter Sewer Cleaning Services
3 of 28
EXHIBIT D
INSURANCE
Vendor Services Agreement — E�ibit D(xev.9.o72t) Page 13 of 13
'`��� ��
City of Fort Wortlz, Texas
Mayor and Council Communication
DATE: Tuesday, November 29, 2022 REFERENCE NO.: **M&C 22-0953
LOG NAME: 13P22-0214 SMALL DIAMETER SEWER CLEANING EC WATER
SUB.TECT:
(ALL) Authorize Execution of a Purchase Agreement with Ace Pipe Cleaning, Inc. for Small Diameter
Sewer Cleaning in an Annual Amount Up to $481,350.00 and Authorize Up to Five Automatic Renewal
Options for the Same Annual Amount for the Water Department
RECOMMENDATION:
It is recommended that the City Council authorize execution of a purchase agreement with Ace Pipe
Cleaning, Inc. for small diameter sewer cleaning in an annual amount up to $481,350.00 and authorize up
to five automatic renewal options for the same annual amount for the Water Department.
DISCUSSION:
The Water Department approached the Purchasing Division to procure an annual ab eement for small
diameter sewer cleaning. Under the proposed agreement the vendor will provide sewer cleaning to remove
all sludge, dirt, sand, rocks, grease, and any other solid or semi-solid material.
In order to procure the service, staff issued Invitation to Bid (ITB) Number 22-0214. The ITB consisted of
detailed specifications describing the contractor's responsibilities and requirements to provide these
services and supplies.
The ITB was advertised in the Fort WoYth StaY-Telegram for three consecutive weeks: Wednesday
September 14, 2022, Wednesday September 21, 2022 and Wednesday September 28, 2022.
The City received four (4) responses. An evaluation panel, comprised of inembers of the Water and the
Park and Recreation Departments, reviewed and scored the submittals using the Best Value criteria.
The individual scores were averaged for each of the criteria and the final scores are listed in the table
below.
PROPOSER � Evaluation Factors
❑�❑ p ech ❑ Total Rank
omts Score �
Ace Pipe Cleaning 22.00 18.33 11.00 51.33 30.00 8l .33 �
BCAC 14.00 14.17 8.50 36.67 0.00 36.67 2*
Underground �❑
Pro-Pipe, Inc. 12.00 12.50 6.50 31.00 N/A 31.00 0**
Kleen-Pipe 14.00 10.00 7.50 31.50 N/A 31.50 0**
* Vendor received 0 points for cost as their pricing was more than double that of the lowest cost bidder.
** Vendor did not achieve the minimum technical points required (35) to be considered further, and
therefore did not receive a ranking.
Best Value Criteria:
a) Contractor's Qualifications, Experience, and References
b) Availability of Resources (equipment/personnel)
c) Contractor's ability to meet the City's needs.
d) Cost of service
After evaluation, the panel concluded that Ace Pipe Cleaning, Inc. presents both the best value and the
necessary coverage for the City, therefore, the panel recommends that Council authorize an
agreement with Ace Pipe Cleaning, Inc. No guarantee was made that a specific amount of services would
be purchased. Staff certifies that the recommended vendor bids met specifications.
FLTNDING: The maximum annual amount allowed under this agreement will be $481,350.00 however the
actual amount used will be based on the need of the department and available budget. Funding will be
budgeted in the Other Contractual Services account of the Wastewater Department's Water & Sewer Fund.
BUSINESS EQUITY: A waiver of the goal for Business Equity subcontracting requirement is approved
by the Department of Diversity and Inclusion, in accordance with the Business Equity Ordinance, because
the purchase of goods or services is from sources where subcontracting or supplier opportunities are
negligible.
AGREEMENT TERMS: Upon City Council approval, the agreement will begin upon execution and will
end September 30, 2023.
RENEWAL OPTIONS: This agreement may be automatically renewed for up to four (4) automatic one-
year renewal periods (October 1 to September 30) and for a fifth renewal period which shall run from
October 1 to the anniversary date of execution. 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.
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.
FiSCAL INFORMATION / ERTIFI ATION:
The Director of Finance certifies that upon approval of the recommendation, funds are available in the
current operating budget, as previously appropriated, in the Water & Sewer Fund. Prior to an expenditure
being incurred, the Water Department has the responsibility to validate the availability of funds.
B QN\\
FUND IDENTIFIER �FID��:
�
Fund Department Account Project programActivity
ID ID
Budget Reference # (Chartfield
Amount
FROM
Year
2)
Fund Department Account Project programActivity Budget Reference #(Chartfield Amount
ID ID Year 2)
CERTIFICATION�:
Submitted for Ci Manater's Office h�
Originating Denartment Head•
AdditionalInformation ontact•
ATTACHMENTS
1. Ace Pipe Form 1295 igned }Ldf (CFw �nternal)
2. Waiver. ,�df (CFW Internal)
Reginald Zeno (8517)
Dana Burghdoff (8018)
Reginald Zeno (8517)
Chris Harder (5020)
Anthony Rousseau (8338)
Eugene Chandler (2057)
ACTION BY ALL OF THE DIRECTORS
OF
ACE PIPE CLEANING
BY WRITTEN CONSENT
IN LIEU OF AN ANNUAL MEETING
The undersigned, being all the members of the Board of Directors of Ace Pipe
Cleaning Inc., a Missouri corporarion (the "Cor��ora_ tioii"), hereby waive all norice, and
hereby vote for, consent to, ratify, and adopt the following actions as if the same had been
duly voted for, consented to, ratified, and adopted at a duly called and convened annual
meeting of the board of directors of the Corporation:
R.ESOLVED, that the following persons are hereby elected to the offices of
the Corporation set foxth opposite such person's name, to serve until such
person's successors are elected and qualified, in accordance with the By-Laws of
the Corporation:
Steve Hontz
Don Uberroth
Theresa Calvert
Bruce Vantine
President
Vice President
Vice President
Secretary / Treasurer
FURTHER RESOLVED, this consent may be executed in two or more
counterparts, each of which shall be deemed an original, but all of which
together shall constitute one instrument. This consent may be executed by
facsimile, telecopy, pdf, or other reproduction, and such execution shall be
considered valid, binding and effective for all purposes.
PURTHER RESOLVED, that any and all acts previously taken by the
officers of the Corporation since the date of the last annual meeting (or written
consent in lieu thereo� of the Board of Directors, are in all respects expressly
ratified and confirmed as the acts and lccd �r�f the Cc>rPor.ay�on.
� \\`�v���iiuir��,,��
�`� ��E A N/ ��'�-,
Dated: January 10, 2019 -'� �`���Q�'.••"'••;yG' �'%
. •. � ;
Steve Hontz, = 'i+ ; CORPORAT'E : z '
Being the Sole Director of the Cor�o�iQnS E A L='� _
; � � ;
; . � ,
. . �
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