HomeMy WebLinkAboutContract 48346 (3'd f SECRETARY c,
Due-s n€nvelopo tD r��acst3s z s n � ns 1,�E�Tf�A�T lM�a d .�y�
[t v
ADDElVI UAM TO AGREEMENT
BETWF;EN
THE CITY OF FORT jVORT'H
AND
MME ED. INC.
'ride ofAgreement: Indeed Resume and Ads Program ("the Agement".)
Name afVendov Indeed, Inc.
CSO Agreement Number:
Tenn ofAgreement: t r►�n --
Contract Documents:
This Addendum
Indeed Resume and Ads program Terms Sheet
RFQ I6-0369 Job Fasting and Resume Search Engine
Notwdthaanding any language to the contmrr in the attached Aggreemern presented by Indeed.
inc.,("Contractors") for rtsutne and ads services ("services`),the City of Fort Worth (,"City")
and Contractor (collectively the "parties-) herctry stipulate by et id nce of ctrcutim of this
Addendum ("-Addendum") below by a represeruitive of each party duly authuri;Led to, bind the
parties hereto, that the parties hereby agave that the provisions in this Addendum balm% shall hz
applicable to the Agreement as tallows:
1. Indemnity.- 10 (tie extent the attached Agreement requires the City to indemnify or hold
Contractor or anti, third party harmless from damages ufany kind or character, the City obiect,,to
these tears and any such terms are herebN deleted from the Agreement and shall have no force or
effect-
2.Attor-news.' Ems, Penalties, and Liquidated Damages: To the eszettt the tlttavhcd:cement
requires the City to pay imorneys` tee's for any action contemplated or taken, or penalties or
liquidat+cd damages in any amount, the City objects to theme ternts and any such terms are hereby
deleted from the tlgrecraacnt and shall have no force or effect,
J. Law and Venue: This Agreement and the rights and obligations of the parties heretu shall be
governed kv, and cormwed in accetrdance with the lads of the United States and state ofTexa%.
exclusive ofconflicts of lava psrovisien&, Venuc fir ane suit brought uncicr this Agree-trent shall
ZG Ok!-4 1 W-j+F-824-1 55-AFDAB-01
Ise in a court ofcompt=tent jurisdiction in Tarrant Count),-, Texas. To the extent this Agreement is
required tici be uoverniM by any state other than Texas or venue in 71-10-rant County, the City
-ib
k jects,to such terms and any such sns are hereby deleted fi-orn this AP
greement and shall have
no force or efffect-
4. Sovervign Immunity.- Nothing herein constittucs a waiver of the City's sovereign immunity.
To the extent this Agreement requires the City- to waive its rights or immunities as a government
entity=, such provisions are hercby deleted and shall have no force or elTect,
15. No Debt! In compliance with Ar .5 o Cc und -id and
isle- I I § f the - is -institution, it is erstoo
agreed that all obeli j i ility of funds. If such
gations of the City hereunder are subject to the availabi
funds are not appropriated or become unavailable, the City sliall have the right to terminatc this
Agreement except for those portions of funds which have been appropriated prier to termination.
6, Confidential Information: Tbe City Is a government entity under the laws of the State of
Texas and all do.--timents held cir maintainW by the City arusubj-tct to disclosurt under the Texas
Pubfic I ritm--m- ation Act- To the extent the Agreement requires.that the City maintain records in
violation of the Act, the City hereby objeets to such provi'Mons and such proNisions are hereby
deleted front the Agreement and shall have no force or effiect.
7. Addendum Controlling: df'any provisions of the attached Agreement and RFQ 16-0369,
curio ct with the terms herem,atc. prohibited ' applicable law, conflict with any applicable rule,
mgulation or tirdinanct ofthi:City. the terms in this Addendurit shall control,
S. Fiscal Funding Limitation: in the event no funds or insufficient funds are appropriated and
budecteJ or tire otherwise unavailable by any means, whatsoever in any tiscal period (or
pAyments; due under this Ag
,retinent, then the City will immediately notify Contractor oft,uch
oc�urrenerand this Aereement. shall be terminated on the last day of the fiscal period for which
appropriations -.VCT-,c recede without nifty or expenbc to the City of any kind what icvcr.
except io the portions of annual payments herein agreed upium For which funds shall have Iver
appropriated,
9. Ri I ght to Audit., Contractor agmcs that the City shall, until the expiration of one. (1)year after
final payment under this Agreement,and no more than ones ptzr year, ha access to and the right
it) examine any directly pertment Kook---4 documents, papers and records of Contractor involving
transactions rckam- to this, Aercement- Comra�ikir averetts that Citi shall have accvss d uriH
ng
.normal mwrking hours to all necessary Contractor tacilities and &hall be provided adequate and
appropriate vvorkspaoe in order to conduct audits in compliance with the provisions of this
section. The City sliallitive Contractor reasottable advanceno-ticc of 40nded audits, However,
nothing contained herein shall allow the City, to dispute, or challenge Indeed's click count.
CFW Tbdwt!T*ao F-imAW=Ftlwa
tea==2 0i 1
Dow j(p Enyp-bpm ILI'46141099-FFS2 i5-AFDB--OID5Oe8 7B
Additionally. nothing; contained herein shall allow the Cit-,- access to Indeed's internal hnaneials
or other dcwuments unrelated to the City's transactions relating to this Agreement,
This Addendum tnav be €xecuted in one or more counterparts. each of which tivhcn so executed
and delivered shall be considered an original. but such counterparts shall together constitute one
and the sante instrument and agreement, ,Any signature delivered by a party by facsimile or other
elcetronic transmission(including email transmission of portable document file(pdf)or similar
image)shall he deemed to be an original signature hereto}.
SiWiatury Page to Follou,
Executed this the �da% of kwil,1.044
CITY OF FORT NVI)RT11: 11NDEED, WC.
l
l3tr• _ 13y:
Alrtnis Ntume; yttee
A:�istnnt Cit. Manager `title:
Date: f f a-o((o Cate: I'/27/2016
�0 �
o°
By: �S o�
Ctii'Aret
o°o- ¢0
Af PRO IED A TO FCll i AtiD
13r•
Guillermo(Will)Trevino
AsstsWnt City Attorney
C antract Autbor-ization;
(OFFICIAL RECORD
Cf A An&od•Ing. Form AGMaWwu GI` Y 3ECRETARY
F—M&,CI EQUIRED —
NJ&-C: Not rNuired
Date Approved: Nj.A
flomi 1295 CcrtificablonNtj.r Not required
ON' Jftdtv-jInw,f-c—m-Addm&ml
V4wc 4 of 4
Indeed Rt-sume and A& Program Terms
A. indeed Resume PrograllITCrITIN service for any ear lti4eed's stile
tcrejon,violates ft-se IRP Te-rms, Including
the foregoing term, \Ve re-1mv the right to dr;p
These Indc-ed ReaButteProgram Teal's Or 1tA-1 any f Mai I a_erre tip armachment for ani
CV Prf or no Teablon-
warn T--nTr,-(oo.11cctivclv1RFTerntO
Itirm a ran of wA are axwporulej- iluo,
,be art rovided bV
-Merttnun
ch In the ev cut phone nubtn-
P
j, 'Agre,
and 4the Jotsltdin the resume, Indeed does not
ply to uny Lmtoyerthat,acc-�--sts or W guarantee their validity and cuo not confirm
tile-Weed Resurne Proirlon,fir that ot-henvis'e whether such numbers urs landlines or cell
1"Q-tte�;ins acceptau - -c
ce or the-se indeed Resvm
phouejtf You agree to call Job Seekers
Pregram Terms, regarding relevant job opportunities only.11
Any capitalized I-can-'s that lire wed b-Ul 'lot k your sole respon-8ibility to comply with all
deruted in these IRPTel"UP-1 have the meaning sLq TCPA guidelines.Including laws.against
forth in the-Aj Ill. automated telephone diallnit system.s.
- _;reenie -
1.The Program 2.Cancellation
133e A--.f dw Indeed Resume V'rogT-afn("lir Qgriun') t you have requested that ciantact a
by an individual who posts his or her re-surne on Resume YOU M3V not N-Vi)ke s"h
,fie Site(I-IL.-teinafLet.-Reiumc Ownef)or request.
F'mploycr on or through the Site I,-,slublect to all J.Your Information
applicable indeed bell-pra-ctice 9-uidclim&
Imlicies and outer terms and conditions,made You represent and%surmot thal all information
available to you,mcludillV 01TOUgh tile Situ you provide,to Indeed is convect and current-YOU
whicti may b.-T Modified at In,-y time-Youshallrepresent to Indeed that you are an Employer as
not ose An," Information obta-med fwm the Site ititeres-ted in cort4dering tfw*Resume OWI& a
excep, ft- - Jnr!d potential empioyee,
It intern u-&in ic lecti in
CtMlartmg Resume 0-omer-,through indeed,forbitity
puTjjse�--orfilling your A)b Lislinp, 4. INsx1almer gad 11mitation of Lia
1\,�I)tL-D'S PROVISION Of THE PROG11--k-M
-VOU, EXPRESSLY '-D ON
THE, - I I AN,-A-S
AND SITE IS MAIM I
AGREE THAT in punclA]sIng or C115tailling IS"AND"AS AVAILABLE"BASIS. WITH
ai-,-cto the Program,you RgrCc-to PAY 10 RESPEC-TTO THE PROGRAM AND YOUR
Indeed the Mnount indicated oil the'Site so that tJSE THEREOF.I NIDEFD AND I'FS
indeed will rac.ililate your sending of an cmail
AFFILIATESoAND ITS AND'I'HEIR RTHIRD-
di"fing your inter-ost,to the e-mail
tnest5age, inM PARl-Y LICENSOS, LXPREpsi
address 111m the relevant m-ut-nesubmitter has Ill IS 'LAI NI ALL WARRANITIES, LXPRESS
ptwit ed- to Indeed-lndtvd not gr ant OR IMPLIM INCLUDINNG WITHOUT
thAt the lid q is,-still in thIT-1 suchi t 1%
1 ITA-1710N ANY WARRANTY-1-HAT ANY
emaiMAR,ADDRESS Ti,-IfVI'HAS BEEN
read,-l-hat s-twil Mail will bc.acted U-p-111 by AnN
I)ROVIDED TO INDEED IS VALID.TTIAT
patential Re-5umtz that W1,v Reme ANY FLXLME SEN7 FIV INDEED A!'Y(,)UR
ON�jw�r3urne is vafid.accurate or Mplete in
REQUEST WILL REACH THE It
any,TtsNzi, In additioni
in ,acco
rd with the RECIPIENT TI IAT ANY INTENDED
Agrrefflem,you exprvssly tqgfem that Indeed
RECIPIENT OF ANY SUCH L4AIL WILL
does not allow its Resunic-Contact Sel-Vice to be READ SUCH EMAIL,OR THAT`A-INVY SUCH
used in ssTmn like rimoner, which Indeed INTENDED RECIVILN'T WILL ACT UPON
defines as sending requests torjohPOSItiOnS It'
SUCH EMAIL, NI)EFDANDri-s
per .3ns T
N0 AMLIATESS.AND ITS ANDTHEIR TIIRD�
io arc,as ndicatt-A 4 Inde-A
expencutee afO Resurne O Miavicw and PARTY LICENSORS, EXPRLSSLY
mactkirl,Unsuited fm the rolt-z In&-ed if---trves DISCLMNI ALL OTHER ',Vt-�RRANIIEL-S
ibc right to dig lc TrAced ReSt!"ne coma-ct
INC11,11NNG WIMOLIT LI ITS FOR acce_%�es or+des the Indeed Ad+ i Ptogmni.or
NON-IN FRI NG VNIFNT. who otherwise indicate�._, hii acceptance of these
MERCHANTABILITY ANIS FIJINNI_`;SS FOR Indeed Ads Program Terms.
NY PURPOSE Any capitafized terms that am used Lot not
EXCEPT FOR AMOLJ'N�'!S PAYABLrE defimmd in ffiese-z LAP Terms have to rnem- ifw sA-1
PI JIT f ISS U A N l' I-(0 S'F C-7 n(0)N'6 H E",I IN D ER forth in the Agreement,
AND FOR ANY BREACH BY YOU OFI.Thy Per ram
SECTION 1, TO THE FULLEST F-mIXTENT
PEWMI-FrED 13Y LAW:(a)NII ATI IER R-k-KIN t Ise of the Indeed Ads Program(-Progulim—)on
WILL BE LIABLE UNDER`I IRP ot through the She is subject to ati,applicabie
TERMS FOR ANY CONSEQUENTIAL lrkk--.d terms and policies.including without
SPECIAL.IND R-
EAIPLARY, lmitanote
Indeed Privacy Policy
and those
PLT,NITTR,!E,OR OTHER DAMAGES
WHETKER. IN CONVI-R-ACE TOIL TOR ANY irtstrwionpronrided on the Websilit, if you are
OTIIER LE(iAl.TI-IEORY,EVEN' IF using t=om ids Prognan, throuEgh our oiilinc
ADVISED Or ITIE POSSIBILITY OF SUCH fonns. Indeed policies may be modifiled at any
DJV,v4AGr.S AND NOTWITI-ISTANDING ANY time. With regards any job advertisements
FAILURE OFESSFINTIALL PURPOSE OF posted oil Indeelflior far payin'Ont or posted
ANN Y LI M I It D RMEM ED Y:AICD 0)E_A CH ror free and includingjobs provided to Indeed
PARTY'S AGGREGATE LIABILITY TO THE via un XML fwd -Job Ads*).you agree that
OTHER UN� Drlp-T"r-SE IRP TE-P.&VIS IS, you are sulely res IIsibte for aW ta),ad or job
1-11WFIED 10 VIVIC-)UNITS PAID OR PAYABLE c(tntent(including Job List"op anzi sacener
TOINDEED BY YOU FOR`THE INDEED questiorts)and target URts(-Creative'),
RESUXIE SERVICE GIVING RISE TO THE wbethermtby r rbryou
:and(b)
CLAIM. %sebsites proximately reachable, front Creative
4". PM
AVent 001 and your services and products
(collectively "Your Services").You shall protect
You shall be chaM. ed it,and as, indicitteo by the your passivords anA take full re-sonsibiliry fear
Site- if your billing a in your o\vri,and third part),use of your account-,
ddm���is i the 1-11nited
,vi in(IS Dollars. Job Ads may be phac4M on Cy)any court*--d or
Invoices ma be provided to you-via elecftonic pmperty prIGIVI d by Indeed("Indmi
mail, Property**) and(i)any other cowent or property
6.VourRo-ponsibifides provided ky a diird party(VarmeC)upon which
To the e.\�Icnt perinitted ylaw,You agree that
CW eed pines.Job Ads or prvvides search reill1r,
of Job Lioingvi(11'artner Properrn,You sluill
you are solely rc>,poftsible for:a)ally email you direct oniv to Indeed arty communications.
requzst it)b,--sent pray uani to these Ip Te-rm : regArding Job Ads on Partner Properties- Rv
bi any phone call fri tem message vou mAme to_q
- "Ang a J&b ilid,incl uding, in, XML feck'J,oo
Job Seeker towed via the fR-P i or 0 you or y flur indeed.-0)you auttlo-we IrOjed to reforynatwiJ
employet.'&fiegligeaa`c in use of the IRPVIv displayed laved on a
hos!,1heJohAdiobeeff&ti% _
Nothing contained herein,shall he Construed so- mobile device and 01)you authorize I ndcxf to
as to require You to creme aMnking fund or reformat and host 11W Job Ad ort an indeed
asse-s-s- I v and collu�lally tax to rund Your -d pag-Te sr)it c4 -ed more
, ev, hosic _ i, vi be display
obliggations under jbis paragm-aPh.11ils provision effiectivetv on Indeed or its puksher nci%vo-A,
survive the tzrmimtion of thili,Agreement- All dwhboar&will nellect the vatal clic kcowit
including !ITO clicks on the lndcA d ref w—rnarTed
atul Njsted page. In Thf.-event You pmviile
B. Indeeit Ads ProgrTerms. Deed--vith an Y lard Me be d whicb otir job
Ad shall not rum thirty days bel-Ort such End
Date Indeed may add a label(such as�'urgcni",
These I mcleed Ads Prog-tam"Ien-as V1 I A 11 ivgently hiring"or sinflikir)ri-ext in file word
Ternls�')t6mi as part of.and are into rated on the s-e�xtrch resufts pawNvhcry
into.the
your Job Ad is kfisplayod, Indee-di may ofTct
anti appl% to anN Empje-�er%vho
restart Iantlrl € r )fc� Ir rt rsr Jnr rids tlr !t f X1;4.� x«4screfiott For,e.ravypk, w ink
opportunity to be di-plavedmore pro linently tri«art n on tL t�tr,rt x°tle��. rr1 =�«rE yh�s gt,�'hdi
ori the.Site f'"Featus d Employer"). F=eatui-ed Idv identical ohl posted in midtie«he lovati nk,
I�mFlover li awarded at Inds 4'5 wle di retion. 1m s lilte-4 with a or genark
f1e akBiliyicy receive Femin;-:7d Employer, c`f)tnpvti ,-zine lr-,1 _.thav it court-mis hm tadv
gErwra Ili, is a function of€oily the number o ;1nd ivty w1te` bbs xiermit-Ld bt,
op�n jobs at your company and how much you AAcini trtrlh� l ies ssl11ray€`hootie resat t«f aeoelrttr
mrd.The Ee tureti Employer pTogrdm may be gtrr eII1PkvtT;t,W1 teed or am"Joh/hill- in Brat
changed or removed by Indeed many nitre.in anY or-no reason- #)-fon are a lraly
Indeed's sole discretion. 1111&d- Indeed nese res the rkght to hicluck or
. Ilett r#eel acct°°or all qft tivurjob lisfingsr rrr
eria mple; rfu°hr lr, ee itt,,z,mop,i cr rirry:such
I_°?Hess oth wmeted in an Insertion t.*icr or 1h I:.5-1rg-V fty.un;io h,hfwnds, refi-to the
other ae-re-emort to Wvcrfist xvith Indeed,you
r
may indtpendetatN cancel online any � _
that inclfrAnn afja s it)V7t3ls��trxrt rr1
.dver sernettt 3-it any time(stxh Cancellation is vide ince€n the It1�eetlSite mtri°htzt rr Intlee 1'
enerdlly etic Live within 24 hour`s)r Indeed tnn y and its taers.
Inmg.Jiately Carrel the Pr grarn or'the-ie IAP 4 Disclaimer and Limitation nfLl Ittty
Terms at any time upon notice. Indeed may
modif'flit Program or thff—e IAP Terms at any Ili€DEED'S PROVISION OF THE PROGRAM
time�,ithwii liability=and yr Wst of The AND THE SITE,IS PROVILIED ON AN"AS
T"w
gram after notice thtd ditse,LAP Terms have IS"AND` S 'fit ILABLE"BASIS, 11
changed Indicates acceptance of the updated IAP RESPECT TO THE PR Re i&ND YOUR
Terms-, 1,-1,4,5 and is will survive an (ISE THEREOF.INDEED AND ITS
expiration or ternnitrtr ton of the IAP Terms. AFV11,1ATE S,ANTD ITS'AN THEIR� THIR
3.P`rtalf bUrd Uses I'r�1�T LI—C'E�ISORS,DISCLAIM ALL
WARRANTIES, EXPRESS OR IMPLIH).
You"a I not.acrd shaH not aulborize any per, INCLUDING WFITIOUT LL4IT TION FOR
to,(fit cerate autoo-rated,firaudutent or Tait NI I1 FR NG I Tr
Mhenvise inn lid im n-t,ar elli k!�;or tt=1 ki E RCHAIINTA,BILI"I NO FI , = S F 0
advenisc Inything ill gal or en-gap to ani ' 't°` PURPOSE.IndevA and its a li to and
illegal dr fhaudirlent I€fsme�ss Practice in arra° its and tiers thin/- IIi ertsc)N disOmin all
:tate nr country whm your advertisement ent is guarantees regarding m0ionin or the bevels or
(H.V, laved-You represent and wat ch that(x)all thning uP(i)Coos per click e(ii)click thr+au h
yrour inforruat on is correct and current-,(y)you rates.(ill)delivery of any 1111pressior trrr any
bold and grant Indeed and I t ers alI right-,to Partner I'rp- y or Indod P -��v or se ri n-
copy.dis-ATIbuic mrd display Creative t I i �<r n Bush Er'o _ l,-�.(IV)CI!ek54 r(VI Conv iollt'
and(z)siuch U and-o e €t lini"ej from YOUT It any'CreatiNt. EXCEPT FOR AIMO _NT
Jibssi 6m:I'iding `bur- Se iCc-S tl rerfa)w lI PAYABLE PLIRS1'Af ITI SECTION a
tart vtof:to s-rr en ow e vi lation of I IERI<UNDER,,-. FOR ANNA BREACH B
applicable latvs, Violaficm of therlici a�v YOU OF SEC-FION 1, TO TI IE FULL_LSA-
result in Itutuedi itis termination of these IAF' p XTENIT P R. t ITER BY L_W1 (a)
Terms or your sceourit Nviti3out noti cc,and may NEITHER PARTYWILL II,I BE LIABLE I.3NDFA
slfbjeci yAlli to legal penalties and TI JEW IAPTERINIS FOR ANNY
� iTartr :Infleedor Pariner,c Mqy reieel r r r:(ANSECtUENI TI; t_,SPECIAL,INDIRECT,
r rtz== rti'. *s, tom' rtt ,rt tt- a L XEINIP I_A RY, P UNI f IVE',OR CrTHE
Eurzl;ai=r r ` ria t�r M11.1 'r Il=l <Lf e.(" DAMAGES WHETHER I I t It I COI :T T,
rc ithay-r rr=tit e t-ar e_xanwt of sc irt,110ceJ Run, TORT OR ANY 011 t IER L EGAL TFIE RN%
lei.€suelt.Iijh di t?ra , air EmpigverT, rar er to EVEN IF ADVISED CSF'ITIE POSSSIBIVI FY
L,_,, Weed mtq,I-quire
OF SUCII DAMAOLS AND
tri h sponyorWin r,tt er to NOTWITHSTANDING ANY EA1LURE o
Verih,fn legitirria. 11#1.-tit,Jo ,4 artrt"or tlrr F I�EI�`1 IAI ISI I�I� I f)tt A�- In ti I l 1
Eniplqivr xind �' =r tr eoffheftee to REMEDY,AND itfi EACH PARTY'S
"Ast vlysleyr 17115 requirv"Tent nrtry IV fni4de in r WRE -MT LIABILITY TO THE 01-1 W
it is Enter l-_4os$1 53 F 9 S r• X38 C 1 E35rJAQii EI
UNDER TI-IF-SE, IAP 11.R S IS LIMITED TO Terms,,Indeed Prime Term,,and Indeed Targeted
AMO -TS PAID OR PAYABLE TO INDEED Ads Terms{ifa plicable to you),the Indeed Ads
By YOU FOR TI IE JOB ADS GIVING RISE gi- renis. Indeed Resume Prop-din 1'ei-Tn
TO THE CLAIM. IrideedINviobolt Terms,'Indeed Prime'Ferrns and
Payment Ind d Targ-eted Ads Terms will govem with
respect to the Ind&-d Ads Program, indeed
You shall he cb ed based tin actual clicks or Resume Program, Indeed Mobtilrs I-n&ed Prime
outer billing- methods you may,choose online,if aid Indeed TaWW rids,res cthTly,and the
you are located in the girt}ted States,you shall, Areerrrenr will othrirvvise'govern-Any wi-tiver of
pky all qharge&in ISS dollars.Charges are any provision of-this,Agreement will be etTective
solely based on lttd d` clic-me uremen � only i1 in v4ritit acrd s};-red lid°ltrdeed.`leis
prtd�s determination a of clicl-count shill t ntent,together with any arnendttrents and
binding=Refunds,(if any)are at the abswlute any additional agereerne its you may enter Into
discretion of Indeedand only in the form of with indeed in connection with the.Site.shall
advertising credit for Indeed Property- Irivoiees c€institut�the enure �e�r rtt lr�t��een%rcau and
mAy be provided to you via electronic mail, Indeed concerning the Site.IfanN provision of
&Vour°Responsibilities this Agreement is deemed invalid kap°a c;-curt of
competent jurisdiction,the invalidity of such
"Fo the extent Permitted by la-,v Fort agree that provisit*n bail trot attic"c-t the validity.,oRhe
you am solely resp€n ible for:a)your Program remaining provisions ofthvi Agreement, which
use,b)yourCreative;0 your xvebsitel or shall main in full force and effect.
services,;d3 breach of these IAP Terms:cl.y.=ou or
your employee's negliget�e in us�.ol ttre 111' £3y accessing car using.the Site,You signifi'yurrr
laicatlring -sto ned herein shall be construed so
ttssct�t to this Agreement and�tl rz e to comply
as to require You to arcate n inking ftrrid tri v}ith all applicable laws and t�gulaticrrts,
assess.levy mid collect any tax to d hour irrclradin Lr�.export artil reportcrrtttrol lrtvVs
obli ihr under tlti Ira *rapli_"I Itis grxavi iron and re law
sand.copyright las and.outer laws'
dial}survive the# r�nnatiurt ol'tlris grecttreitty rcrxlira intellectual prrrperty�.. 5'cau.re�presen,
warrant and t ov errant that you are not a)located
in,or a resident or a national of,any., country
li,Governing taw and Dispute Resolution subject to a U.S.government embargo ckr-other
re-striction,or that has lin designated by the
This�: eement and ata:'dispute Wish-,out of t U'S.government as a"terrorist suppx"ng"
in corinecti+art vvii i this Agreement will 1 country.(b) an+7 of the I .S. governmA nt lisA&
gm-ernedws to a31 math,including,but not of rc t eted end triers,The materials an the Site
limited to the vkatidity,c nsstnactit- andare prov<<dx�l��°ith"Ixestrictecl 1�i�Etts:"t,��t;
pe formance of this A reemem.by and under duplication,or disclosure by.the Government is
the laves of the IStute of'r xaAs subj t to restrictions a sO forth in appliLable
la:ws and regulati€v s,Use ofthe materials by-the
9, 14 isirenanc us Gov3ernnent constituteskno le goment of
indeedFs pr€apr€ riots in titan.
ThisAtgecmc.r t(inLludins*the indeed ds-
Pr-ogatam Terrras, tndciA Resume Pro um-7ems, Yen and tand and ar<knowledge, that.Inde-ed or
Indeed Mob Iolt lent s.Indeed Friary.=Terms and its affiliates,or its tartheir licer4ors,owrrs all
Indeed Targeted A&-s Teams incorporated he:r6nt right title tint interest to the Situ and all
If applicuble to you)constitutes the entire proprietary rigltt_s -mo idled tlrereNvith,Indeed
agree
mertt between the parties%v itla.respect In reserves all right_ rrc�t specittcrrll °smantci
the subject tntrtter hereof and supersedes and herein,Yt) shall not rrradif $anycopyright
replaces. ll prior or+contempprartett�sa
noticespropriety . legends,arty tnademarrk and
understanding-s or eemenD-, written of oral, service-mark attribution;any patent nmrkin *<
regarding such subject matter.In tine-event of or other indicia ofownerslril�tan the teIal
anv irrecpneilable conflict between this acce&sed through the Site,other than your laser
Age rnent and the Indecrl Ads Program Terms: �dtttettt.any. arse tvfrn�materials or de-seripttr?ns,
I ndeed Resume€pro t-dtrr Terms, Indeed M obolt any deriv=ative use ofthe Site or its arcate ls,
aril any use o data miturt-2,robots,or similar
4
Dacusign C-nveiope 10,0alAI O-FF824466•Ar-08-0105088AD678
data gathering and extraction tools is strictly
prohibited, In 1w event may 3YOU fmmc tiny
portico or the Site or any materials co"Wried
therein. IINDF-Im. INC.
Churn=of Add= ; If you have provided a
Irilling address to tr4,and you change such
SL
billing address from art add within the .�-
United States to an addm-i outside the UnitedI'rirtt Name-- ��' �s
,taw-,s,car from an address outside of the United �a� 5gru1 t��t�
Stats to an add'rrti inside tate United State*,you
will confinim to be lid In'this ASTcemm Title:
with the sam I ndmd party for the remainder of
the calendar month in%%hich you rude the Date; 10127/2016
charge, &ginning on Ow ftr51 day of tdc neat
calt<ncl tr rirr�nth.you he shy a rt that You %N ill
be bound by this t grvemeni with the!V-Plkahle
Indeed party identified in the first ptragraph of
thik Agreement with respect to such new
territory.
Any natic:e+to Indeed mwit he sent to the
applicable Indeed entity identified in tine first
paragraph of this Agreerncnl via ccrtitied first
class or air mail or overnight courier.are
deemed given upon recelpt.and mm--t reference
the Program that Is the 9uhje4-t of the 110ticc(ri,z._
Indeed Ads Program.Indeed Itf-suntc:Program.
Indeed MoRtilt or Indeed Publisher Provrain).
Notice to you may he effected by sending entail
to the email address specified in your account.or OFFICIAL RECORD
by posting n message to your mount interface: CITY SECRETA li ff
and is deemed received when silt(for email)+rr
no n<re than fifteen t 15)days Tidier having been FT. INORTHS 7X
posti='d(for mes:aVas in your Indeed Ads
interface).
You may not a5sign or delepte any of your
rights or ubligat,ons herewuler without Indeed's
prior wiittett consent and xny Such attempt IS Fop
®agpOgagqq �,
void.Indeed may treely assign or delegate its
dvks,and Lwhli tiol s ltereWMrr without notice Al o ��
to you. Ind-md and you an not leg-al partners or ®g
egerrt tit are independent ctsnttctor+, 00 0°$�f
� D
C LIFNI T.-City of Fan WorthNfwy
J:Vgysery Ci Secretary
Prir • ame:Susan Alanis
-I-itle.Assistant City Malinger
APPROVED AS TO FORM AND LEGALITY.
N® M&C REQUIRED Assistant City
Attorney�„i/e+e.�-a(revc
Ekka;Sign Envolop€+Q_roti14i 9-FF82-4465-AFD8-471 Utia58AD&78
REQUEnST FOR QUOTATION
PurOa6t3g Division
1 000Throckm,oFton
Fort Worth,Texas 6102-6311
Phone,, 17-392-21057
Fax,817-,397-8A40
INFO NO 16-0369
QUOT FOR.- Job Posting and Resume search Engine
TUESDAY,JULY 1+6,2016, 00 PK
UID4 PENINGDATE,
Darlan Gavin
BUYER:
EMAIL
INSTRUCTiON Ml3iD_I I
Quotes are solicit !or furnishing the mar"criandise, supplws, cervices artrifur equipmerit set forth Completed Quote
must be received in thePurchasing Divisuon 1000 Throckmotton, Fort Worth, —1exas 76102 by t above "qui
deadline"Quotas artist ht fis'ed to HIL-3224M-0.0. addamurt trr the above Buyer.GHX of Fart Warih and have
tltg bid number and aWning data cl"dy rn>mdWd an jim f rrAng. Late quotes will not be cons;dered for
avewd un-less l idder&am notified othe wE . Quotes may,be Wilictrawri at any brnee prior to the official opening by
written,natifc an. Quotes may not be alto,amended or yfflhdr€wn after the official o ring_
Your quote roust tiesutrritted on this.rd y
Freight and all atter delivery ages shall be included in the unit phce(s)bid-
Thm City is exempt trum Federal Excise and State Sales Tax, therefore. tax roust riot be included in Ine quote
pdce.
Items quoted roust meet or exceed City of Fart Vrth Speor tions; hv4,-dvr--; The City of Fort Worth may consider
and acce E agnate bids if eF herein t en most advantageous to the City, Tit City' ie rues the nght,
hro er. tc hold Cts City specificatiom artd toet'rrhif e "or p#uar ' ta#us City ts= ar ilea mitt to t or
reject in part or whole any quote submitted.and to waive any teohnicaties for the best interest of the City.
The undersign apr'ees, it the quote is accepted, *�v furnish any and alt stems upon which pnoes we offared, of 9re
pn W)and upon the terms and conditions oontaimd in,the specificatioils.The period foraccaptance of this proposal
void De eaterhlar days (R ca�2tear says unfess a ditferent pen'od is inserted by the hidden
after openlrig:ate
Will agreement he available for Cooperative Agmement use? ( Section 5,pagrtr 5)y No-
C&+af Fort_Wg njard PuMha ing TeEMa anti.Qct 3fjWgns Ah" j2I2i!j
company Name&Adder(PW*e write legibly) QUOTE EVALUATION
r`
The quote award_ $ball be based an, but not necessarily
limited to the following factors:
' '' •i i, Unit Prue
-- 2. Total Quote Price
3. Terms;and Discounts
4 Dative, 11
ry Dat
5 Results of Testing Samples
6 Spacial Ike-ods and Requirements of the City
T Past experience with productfservice
-- 8 Vandoes past performance
Telephone-Cao,(AO 0, City's evaluation of the Vendor's responsibility
10, Demurrage chargag,freight iiests and rnilaag
Fax no.( ) ---
t1 Estimated cost ofsupplies,mainternance,storage,
12. Fatirtated surplus value
Stgoafurt?' E _ Ertl
Address: - __ ?7 "vfii� { , t ls�i.<'' r 4=*" tr t 4, 3.it ' b 1:�"
Date. . -
bRTH
V T V
_ OR V(
Cliff on Departments
Choose Become A Vendor
evil & orinUftons
Click,J Accept These-Te€x s to proceed
At nex#semen,slick No,t Want to Register
Click Register
The lr5t,TegMWkon por,,up asks for your Federal ID#or Soual Security Number and yuur
ompanyname The p y e tF proper organizationt same as
on Invoices you would present for payment to the Cad of Fort Warth
Follow through the screens by dishing o tine ave at the bottom of each screen, The lest
screen will est:for your commodities es( r s imd?ur services that can be provided to the City).
Thi information is used to send quoteaNd opporturiftfes to you y entail and rs also required in
Wider to hep your accwMactive-
Enter e key word see # for unk ertrr m codes( �rrfiple janitorial)
An ornall address is require to register online
If i-ed i ill be requested to provide e copy el`your Minnrityl
Worrian Owned Business cartr t°r
EmW e copy of yriur_ yys IR S W-9 totrn to the City" venter registimtt n nr tr rx at
Your registration will nol t activated until rapt ted
is receiv -and ved _-d,-i omp' l€-ted W-9s may also be faxed to the vendor registration
edministrwlor at 8117-392_7254.
Con ratulettoris,you've re isteredii You will reeve ars .. .eat tis your re trati n con€€ dun.
Fora it ch-angestedits to your vendor profile pleaseemall the vendor registration adminMrstorat
The City of Fart Worth prefers to make vandor payments by direr deposit to venders`checkinagisevip s
accounts or by pax rnerrt credit mrd. The direr deposit prods is called Automated CleaOrig House
Transfer(AC H) Advantages of ACH Are
Gives vendors use of the funds one business day AFTER the transfer-has taken place
Vendors rec=eive an e-mailshaWing the invoices dieing pata by the transfer.
Invoices approved fu Oyrrient by 3'00 p mt 0 be transferred same day and ter-ill reac h- the vendors-
bole accouMs by tip ne A h Usme_ss day
To register for ACH servica please visit = - igJ,an the link titled
;Auternated Giearin IHqUM Sat �,download,wmplete and submit the hvoA(--Ft forms
Tm re iste^ for'rredit card Invoicepsyments,p?e s Jack e, ur�.°hasi!ng Manz- y emaR t
Page t of I
BID SOLICITATION
D O NINE ilATi.; AND TI:
�'� ti9�i�at}Q:Qr,}Y�tll
BUYEPD.-,bi7 Gavin
PHONE# (817YHO-7057 as4.
'
V— .�' _.Oty of Ft Wail ti
Adnrt :. L'7"-7 FO:
TX 5 E
r 7 S �] l � " t�'<`1 ±v.'�>e f 4a.r« ,=�*-rt`7'h.'T�Ftd TX7FiCr2
JA.4City,sww Zip('WOT
�
w, It*C-cjer FMYt�*t-.r y) nff--4� Wfir f,7Jtqwg _..._..
if_-ss :.tr3`s .Tw A; #OvA tnt .thy w,'',2016,
y-M'Xhaw"C> *rao w any and tar any as_ L-yWwa' c3
Me r�r p"With 30 da"V111t3en r--Aiue a!1kirmnalion
I
VVE AGREE 7i-t 1'URN15t101Y GRAL1,Cf THE ITEMS QUOIEDRT DiF'Ht4`�S S?iT VYFV UWIE
(MUST BF fdELD FIRM FOR PERIOD OF 990 DAYS.
�tli�tt� Irit.
Tel' OF PAYMENT: y i? 1t CC3ANY;
of IYERY: _ SIGNATURE..
TELEEPNONE<NUMBER: } s IJAME AND TITLE: { t i t
eft
... _ 4?. Prices bid shall remain firm for each one-year term of theAg+oement and Sh811 include all
associated frc ght and delivery coasts
4,5 Phoes a#fered shwa!be used€?r b d ana,$ss and forAgreer:ent Priv In cam-,cf erovs
in exten5 s or totals,the unit prices offeree)will govsm
4.6 Upon expiation of the Agreement term the successful binder,"less to hold over under
the inters ago ctrndibaa s of ibis Aga n-e t for a re sona-b#e,per of t me In 01w;Ifte
cit}to r=bid an�-gr Enenl,not to exceed ninety W)days Venoorcsirl be rwnbufsecl for
this service at the-prior agreement rates).Vendw shall remain oblioatLo tO tit's.City
under WI clauses of thisAgreament that expressly or by their hature extends beyond and
survives the expiration or termination of this Agreement
s COOPERATWE PURCHASING
51 Should other governmental entities decide to partluipate In thisAgreernew,Bidders.
shall indicate in their Did response vrh ether they agree that all terms,conditions,
Page 4 of e0
Dc4hpEmm >,, moi`?c -t #=ate 3 [Xai
S 2 It me sup st'ut Bidder agreess to extend the reauttingAgreernent to other goiremmerittal
entities,the fall in 11 apply;Governmental entities within utilizipQ agreements+earth
the City of Fort =h will eligible,but not obligated to purchase material1servIces
under thisAg ment(s)awarded as a mitt of this sDimitation Allptirrhasesby
�ovrrr�r z= s = �tt i�of � rr;�h varll tailed err l ty to��`-t
gciverr mentat entity and paid by that govemmentsJ entily TheCityof F },shill not
be responsible for another governmental entity's dents, Each governmental entity will
order its own matenal,iservices as needed,
6.0 LAWS,REGULATIONS,AND€3 -INANC =Tlz Vendor smell be responsible for meetmg W4
Federal laws,ordinances,and regulat;on State:laws,ordinance and regulations;Coup t
ordinances and regulations and Citi laws,ordinances,and regulations for safety of people,
erwironmenit,and property This in-dudes,but is not limited to,all Federal,State,Comet},ar;d City
g eocf m,Adrnlinist a Do ns and ComimIssions such as thenvi , ental Protect!on Ager y
(EPA), t at al Stilety and Health Administration t i.and trie Texas Commissiorl on
Environmental Quality(TCEO), in the even;any law,regulathn or ordinance becomes effective
after the start of this Agree- t,the Vendor is required to comply With new poll cy,Any
mandates requiring the City to comply with new guidellines Will also require the
Vendortocompty:
TO QUANTITIES - The quantities listed on the bid solicitation are only estimates based on
previous usage and do not indicate intent to purchase or a guarantee of future business, The
City of Fort Worth is obligated to pay for only those materials and service actually cirdered by
ars ad City emp4and than received as reqvlradaridl,ac , _ed by 1-he City
.0 PERFORMANCE-Failure of the city to insist ir,any one or more Instar.ces,upon performance
of triy of the tams-and conditions of this Agreement shall not be construed as a Waiver or
relinquishment of thelrture performance of any terms and conditions,but the Vendor's
--biqation with re to such dr-ma a shall continue intl fcT-%A and aft
9X INSURANCE REQUIREMENTS
NTS
10 1 -11*Vendor shall assume ail nslr and hat-Allay for socidents wid damage- that may
. or pt` ciurnr iha pr -,.�rir�rr � ti- _ f
The Vendor stall file with the City of Fort°'Worth Pursing Division. prior to the
mmencemerrt of serviceks.a certi r to of insurance documenting the following
r uir insurance-
10.1,1
nsurance-t .'t 1 Fafiure to pcovidesucA int iattun, winin t f t of calendar days of a req.m st by
the City may be grounds for Agreement termi tion
92 Policies shall trate Twj exdiumlons by endorsements which nullify the requiro lines of
*ver .ri se l Amds of e unless aitch en dents are
approved by the City In event a c cri tract has r b&d or e and the
exclusions aro determined to be raasoinab�j u table ley the City or the Cit
€Iesrrds additional it`nsurarr coverage,and the City desires thse- Vendor to obtain
such coverage,City Will make a formal request to Vendor
9 tarLdory VVorke-s'Compillsati-om.trmi - nTOoy+ 's UaNhtly
Insurance at the fotlovwrhgfirnits:
100.000 EachAcci[lent
x5- 001,0-00cease-Policy 1,m t
his coverage may be writtenas
fellows
'r s`Ceram p--n sawn and Empto"_yers'tiabiIt ty co verage wilth,11rnits
consistent with statutory bene-fits,outlirned it the Teams markers'
ompen tionAct( rt,8308 1,01 etseq. Teal,Rev,Civ" SSI,)art!
mil"M p II�t for, Erre ers'�1. -1' 0 $t , eachaccident
disease pererrtptvyee,
922 Commercial Genzaral Liabinty Insurance-irfrdluding Exploskii-,.Cdlapse,
and Under+gr ruin o eafig be-provideea as fall -
52,000,00D.AnnualAggregate
Coverage stall include but riot be limited to the following,premises/
oWations, indepe0dent Very uciVc rnptef d operations,personal
iray a trltual Itataty insurance shall be.far ,an
occurrence basis,and 315 comprehensive as the current Insurance ervt s
O (ISO)policy,
3 Aura Lability Instifance shWJ provi d- i
1,000,000 Combined Single Limit EachAccident
Ac om merdal business po Ii-cy shall providee czverage on-An Y.AL46 ,d ef iriwaid
as autos owned,Fired and non-ovaied,
9,21.E The Vendor shall fu ,-s Purchasing Manager,with a cerb-ficate of
insurance - it the required ii-murancerpnoctotheizommefloement of
services
10.0 ADOfTIONALINSURANCEREOUIREMENTS
101 Except for tt n li ence and/or willful misconduct of The City, its
officeTs,employees or servants. the City. its offiters, employees and
servants shall be fisted adtftonal Insiffed on Vendoes
applicable insurance policies except under employes liability
insurance coverage under Vndoes workers'cc mpensatiun Insurance
policy,
rue Certificates of insurance'reasonably satisfactory to the City and VWrkers
Compensation Affidavit mint to received before Vendor can begin work Failure
to supply and maintain such insuranre shah be a breach of cootract
F inaritial Management Services Department Attention:
Purchasing Division
IWO TmockmononStreet Fort
Worth;Texas 76102
10,3 Any failure,on part of the City to request required insurance mentation shall
ire it ss�art rr� - einVendor
provide the City a minimum 30 days'notice of cancellation,non-renewal,ar4or
material change In policy term.s or coverage. A ten 0 0)day notice shall be
ac ale irr
tfie even*;of prem urn
!0_4 Insurersrrrust eutlenzed tis tlusaness Ira tree Mate Tans have a
currentA l Best rating of Vil or equivalent measure of financial strength and
may1
10_ u ible limits,or sel€funded retention limits,on each polity must rut exceed
1(),Ol r 00 peroc arrence unj-_ss otherwise approved by the City:
1 .6 �l van 's c p rqj s'ns n ,en I l a fir itr i surart ttty
may consider alternatl coverage or risk treatment rhea res through Insurance
pools or risk retention groups ` hp--City must approve In writing any alternative
coverage
10:.7 4tltorker 'co pertseiioninsurancep€�lacrts)coveringernplcyeasa>tfineVendor
shall he elitlEaqdid 0a s r t every in
facer of t -e4y.exc pt a�rrr fine n4N0 'u.wi lU arae riby the Cq,
ILI, A
108 Crty iall not be responsible fbr the dired payment of insurance premium costs
for Vendor's insurance,
10,9 vmaror's insurance Wc4--shall ea,--h be endorsed to provide that soh
insurance- Is primary protection ana any seff-funded-or commercial coverage
maintained by City shall not be called upon to contribute to loss recovery,
except(of the negligence andf or willful misconduct by the City.
1GO Mv Re the ptirchase order is in effect,Vendor shall(aport,in a timely Marsw to
the Purchasing Division any Rnown lots oozuffele that couldOi -e rise to a
liability claim or fawstelt or which could result in a property loss.
10-11 Vendor-s riatAity shall not be Omit ed to the specified ern mjnts of Insurance
requireaherein
I METHODOFAWARII
11A, EW w-h be waivated based an the towest rwe and responsil:Ae bidder.
complying with ail of I provWoins of thesolidtation,omvided ft W irinte is
reasonable,and itis to the best interest of the City to ept JL
11 2 In order for the City to receive adequate uoversg6 on its requirements as speciffied in the
soliicaabon,IN--Cony rese-ves the 'Vt to make mul"awards,
113- The City also reserves the right to reject the bid of a bidder who has previously failed to
perform props dy ot complete on time agreements of a similar nature,
12 OUESTIONS
12.1 Quesoons,explanations ori;larifications desired by a bidder te gandirig any partuf
the bid must be requested in writing from the Purchasing Division. Request can
bee send to thefolio mmng;
12.1 .1-Gari-n Gav t n.Cor s ct C om ph&-ce-Speci Vis?,
12 12,2,City ut Fort Worth Purchasing Division
Attention:Da rt Gavin,RFQ No. 16-0244
1 WO Thru*rriortm-Six-e-wit
Fort Wofth,Texas 76102
12,12,3,17acsimile (S17)392-844G,Attenllom Darien Gavin
RFQ N-c, 16=0369,Job Risv-g ard Ras-gm Sewai E'rjore-
Page 7 of 20
CITY OF FORT WORTH,TEXAS
STANDARD PURCHASING TERMS AND CONDITIONS
1 0 j2jEINMONQEfjLnR
Tyre City of Fort Worth, Its ofl`icers, agents, sewants 4 a0honzed employoes, vendors and
subvendors who act on behalf of various City departmants,bodies or agencies-
2-0 129EINIMIN QE DELLEN
The cwusultant conturactor, supplier, vendor or other prcivider of goods andlor services, -its
officers, agi?nts, servants, employees, vefidors and subvendors who art on bebalf of the enttv
under a con"ct win the City of Fort Wairth
30 EURUCINEMAMN
Any InformaliDn submitted to the City of Fort VVbrth (the'City)may be, requested by a member of
the public, under the Texas Public Informatton Act See- T_k Gorv'T CoDE Atin §§ 552=,
5552_128(c (WW Supp; 2M_-) If the City receives a request for a Seller's Pjoprie-tary
tntom-aln, the Seller listed In, the request will be rflied and given an opportur-di to rn-ake
argurrients to the Texas Attorney General's Offince (the 'AG) regarding reasons the set
believes that its 01formatiGn may not lawfully be rel easeed. If Seller &-,as not make arguments or
the AG rejectis the arguments Seller makes. Seller's Information will be- released without penalty
to the,City
4,0 PROHIOLTMAGAIM-FEBBQ_ML-INTEREST IN gDSj&AQTfi
No officer or employe e of Sayer shail have a fira nual inwest direm' or ir4recL in any coM-m-cl
WT h awar of be ftlanci"t inwaved. directly or ands y- in the safe to BuW of any taro,
materials, supplies Of Services, except on b"f of Buyer as an officer of amployee, Any w0lifull
violation of this sea`on shall constitute malfnae in office, and any officer or employee found
guilty thereof shall thereby forfeit his office or position, Any vlotahori of this section with the
know"e. expreasad or Imialled, of the person or eon ration contracting with the City Council
shall rerider the contract rrvalld by the City Manager or the City Council (Chapter XXVII, Section
16,City of Fon Worth Charter)
No ample -
�yess of the e Buyer or its offlc�ars, agents, sawants, vendors or subverldars who
act on behalf of various City departments,. bodies oes r agencies are authorized to place
orders for goods andlor sen;I Ices without providing approved contract numbers, purchase
order numbers, or release numbers issued by the Buyer Ttre only exceptions are
Por sib Card orders and err e�. -.ces pursutant to Texas LwW Governmerr4 Code
Section 252 072fa)(1), (2), of t3). in the case off emiergemcies- , the BLYers Purdm5mg
Division will plarce sAich orders,
Acc-eptance of an order and delivery on Me pan of the Seller without an approved
contract number. purchase order number, or release number Issued by the Owyer may
result In rejection ai'delivury,return of,goods at the Salter's cost andfor non-payment
UJUR IQ EA&KAQF.Q!2QQj
ISeffeef will Package goods in accarclu—nou with good ccirtmerdal practce, Eacil shipping
container, -shall be clearly and peftnan--ritly marked as fostaxs_- (a) Seller's name and address- (b))
Consignees name,address and purchase arder or ptifehame,change order numbar; (c) Container
number and total number of containers, e.g., box 1 of 4 boxes and (d) Number of the coritalrier
bearing the packing slip, Seller shall bear the cost of packaging unless dtherwlsa provided,
Goods shall be sujitaNy pade-ed to secure lo: sl transportation costs and to conform to
reWireirnents of common carriers arA any appitzable specifficatiani- Buyeis CuLmt or -ye--ght shs-i
ne final aqd conttusfve on sh,'umnits no,w--=- npariled by paycking Gists
R F 0 No i&-,1_1,a6 9,kc-b iPrmtrm ad Jqmff-,,e--Seard-i Engine
Page 8 of 20
70 SHIMBIUNDERMEMMOPROMWIEP
Seller is not authorized to ship the goods under reservation, and no tender of a bill of lading will
orate as a tender of goods
6,0 T1TLEANkfiLjK_QF IL
QfiS
The title and risk of loss of tate goods shall not pass to Buyer until Buyer actually receives
and-
takes possession the goods et the point"points of delivery atter inspection ancpe e- of
the
Freight terms shall to F.0-8. Destination, Freight Prepaid and Allowed, unless delivery terms are
sp � e in Steer's bid- Bu ` to reimburse It fir transportation costs in
` nt spec&ed to Selleers W or actualits, wh�ev r is - ter, if gds deltvary
terms do not include transportation costs, provided, Buyer shall have the right to designate what
method of transportation shall be used to ship the gds.
t _ fY .
The place of deiivgry shall be W forth in the "Ship to" block of the purchase order, purchase
change order,or release order,
11 -3 MHT QF INEEF.9119N
Buyer shall have the right to inspect !he goods upon deFtvery before acceming thea, ie--snail
be responsible for all charges for the return to Seller of any goods refei:ted as being
nonconforming under the specifications.
t tPl'itt3t�
Seller shall submit separate invoices In duphoatle, on each purchase orderor purchase
change dater after-each dativery: Invoices stall Indicate the purchase mer or purchase
chaiVe order number- Invoices shall be eternized and Vansportation charges, if any, shall
be l` separately A copy of the bill of Wing and the freight waybill, applicable.
should be attached to the Invoice. Se4er sh ?t malt or deliver frivoices to Owyees
Department and address as set feral In the block of the purchase order, purchase
hang
order or release order entity "SNO to," Payment shall not be made until the above
instruments have been, submitted after d overt' and accepter of thegoods services
Seller shall not include Federal Excise, State or City Sales Tax in Its Invoices. The Buyer
shall furnish a tax exemption ce-Mficate upon Seller's request.
t A
Seller warrants that the product sold to Buyer shell conform to Me standards promulgated by the
U S, C perta ent of Labor'render the Occupational Safety and Health Act (OSHA) of 1970, as
amended. In the event the jcrc gut does not conform to OSS nd ids, Buyer may return the
P for correcuon or replacement at Seller's ex ae. In t &tent Seller fags to �a xa
appropriate correction it�n a renle tinier ars core .; made by Buyermil be at Slles
erspensee Where no correction is or can be made, Seller shall refund all monies received for such
goods within thirty tial days after request is crude b Baeyer in riffing and received by Seller
1 is ns to have been received upon hand delivery, o ` - ise M accordance M
Section 29,0 these terms and condMons t=at ure to make such ek -I constilute breacri
and cause this toritfact W terminate immediately.
14-0O A E1j �d Q--Z t �t
If this Purchase 's for the IX-erre of software "ducts e 'or services, and mss �se-
agreed,eed, Seller hereby grants to Brayer, a jawpetpal, imevocable, nori-eWusive, r€c trans
myatty free license to use the software, This sol ate is 'pruprletani� to Seller, and is licence
and provided to the Buyer for Its sole use for purposes lander this Agreement and any attachiad
orderscz invoir Th—e Uy may n z a or stere this software C-W permission of the
Seder;howevef Buyer may make copies of the so "; re expressly for bz-., rip s -
j;;L t
1, The o. t a�a f or- ori dart tlof, -bed
nereunder, including but not limited to; progra , documentation, software,
analyses, applications, methods; ways, and processes (in this Section each
Individually referred to as a " liverable" and collectively as the " ilverabl ,")
do not Infringe upon or violate any patent, copyrights, trade a_ , service marks,
trade secrets, or any Intellectual property rights or ether third paw proprietary
rights,In the performance of services ander this Agreement
2. SELLER shall be liable and responsible for any and all claims made against the
City for Infringement of any pate copyright, trademark, service mark, trade
fret, or other Intellectual property rights by the Use of or= supplying of any
Detiverabl sj in the course of performance or completion of, or In any way
connected with providing the services, or the City's continued use of the
teliverablels)hereunder,
SELLER agrees to indemnify, defend, settle, or pay, at its o=wn cost and expense,
including the payment of �s fees, any clam or action against the city for
Infringement of any patent, copyright, trade mark, service mark, trade secret or
other Intellectual property right arising from City's use of the Dellverabl r), or any
part thereof, in accordance with this Agreement It being understood that this
agreement to indemnify,defend,settle or pay shall not apply if the City modifies or
misuses the Deliverable(s). gp long as SELLER bears the cost and expense
payment For claim or actions against the City pursuant to this section 8, SELLER
shall have the right to conduct the defense of any such clalrrt 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 tftement- negotiations, or lawsuit as necessary to protect the Citys
Interest, and City agrees to cooperate with SELLER in doing sir.In the event City,
KFQ NO 16-0369,369,J P_- o i t
Paget 2 of 20
for whatever reason, assumes the responsibility for payment of costs and
expenses for any claim or action brought against the City floor Infringement arising
under this Agreement, the Citi shall have the sole right to conduct the defense of
any such claim or action and all negotiations tot its settlement or compromise and
to settle or compromise any such dlal l however. SELLER shall fully participate
erre cooperate with the Cly In defense of such claim or aeon, City agrees to give
SELLER timely written notice of any such claim of action,with copies of all papers
City may recelve relating thereto, Notwithstanding the foregoing, theCity's
assumption of payment of costs or expenses shall not eliminate ELLER's duty to
Indemnity the City under this AgreamanL It the Dellverablo(s), or any part
thereof, Is held to Infringe and the use the Is enjoined or restrained or, If as a
result of a settlement or compromise, such use Is materially adversely restricted,
SELLER shall, at its own expense and as City's sole remedy, either. to procure for
City the right to continue to use theDeliverable(s), or (b) modify the tiver bte(s)
to make the€nifit non4rifringing.provided that such modification does not materially
adversely affect City's authorized of the ve lei[sll or (c) replace the
Dellverable(swith equally suitable, poem time, and functionally equivalent ntrrr-
Infr ngin Dellverable(sl at no additional charge to CItyrl or (d) it none of the
foregoing atternatives Is reasonably available to SELLER, terminate this
Agreement and refund all amounts paid to SELLER by the City, subsequent to
which termination City mayseek any all remedies available to City undfirlaw,
Seller agrees that any and all antalyses, evaitp-at_ions, reports, memoranda, letters, ideas,
orocessesm n-WhEM15, WDgranis,apd manuals t# t were developed, _prepared.. conceived,Trade or
suggested by the Seller for the Claypwsuarli to a Work Order,kW-udmg all such dev s as
are originated or conceived during the term of the Contract and that are completed or reduced to
writing thereafter (the"Work Producl) and Seller acknowledges than such irk product may be
considered` orkis) -made for hire` and will be and remain lhae exclusivepro � of'th City-To
the extent that the do Prcduct, welder appdlcaUe law, may not be consideredwork(s)made for
hire agrees that tis Apr ent effectJvaiy transfers, gets, n s; an-4 a - ;
elaralveiy to Bu'or=all rlttt , title acrd o yip iritareats, Inling copyright,which Cllr a
have In any Worm Product or any tangible media embodying such Work Produra, without the
necessity of any turther consideration, and Buyer shall ie entitled to obtain and hold In its own
name, all Intellectual Property dgntts in and to the _VvDfK Pnxjuct Seller for ftelf arid on behalf of
Its vendors hereby watives y property inlerEst In sucli Vubm PfodtrA
The City awris and operates a computing envirGnment and ne (collectively the'Network"), It
Seiler reqtiires acmes, whethef ensile or remade, to the City's network to prime service
i re , and cher is wired to a tine the Intemet. In ' r 1; email, City da ase t r
network apps lion,Seller shall separately execute the ty"s NeWork Acmes Agreemiwtt poor t
providing such services. A copy of the City's standard Network Access Agreement can be
provided upon request.
18-0 !GANCELLAIM
Bayer shAll have tate right to cincei this contras imme ateiy for d faun on all r any pan of ;e
unddltmed portion of this order if e#ler breaches any of the tetras hereof, including warranties s of
Seller Such right of cam. ellation la In addition to and mt in lieu of any olher ren'redle , which
l uiy may have in levy or equity,
RFQ No 16-0369, n 1 . e.Search Engine
Pagel 3 of 2n
EAv -f_in W- A OF TE
I JU TERNMAIM
The performance of work or purchase of goods under this order may be terminated in whole or in
pad by Buyewith or without catisee, at any time upon the delivery to moiler of a written 'Notice 13.1,
TermirtkuW sped-fying the exte-,it to whach performance of wo* or the goods to be putcliased
under the order is term itrated and the date upon which such termination becomes of , S-icn
right of terminativri is in addition to and not in Iieu of any other terminawn rights of Buyer as set
forth herein,
MAO A2fijraNMM- 1QELE9nQN
No iintereesL obligation or Nht of SeIW., including Oie right to receive payment, under fts contrapt
shelf be assigned or delegated to another entity thout the express written consent of Buyer.
Any attempted assignment or delegation of Sener shall be wholly void and totally ine-flective for all
purposes unless made in conformity with this paragraph for to Buyer giving Its consent, Seller
a that SeVer shaii provide., at r-c additiorial cost to Buyer: all documents, as determined by
Buyer; that are reasonabAe- and necessary to verify Settees kVW status and transfer of rjds,
interests, or obligations to another entity, The documents that may be requested Include, but are
not limited to, Articles of Incorporabon end Wated amervdments, Certificate of Merger, IRS Form
VV-9 to verify tax ideriffication numbr-_r, etc. Buyer reserves the right to withhold all pa
I i - -Yments to
any ently o0w than Seffer, if Se-Her is not ir. cornpliance with this provls�n If SceRef fails W
provide necessary information in a=- rdanice with this section, Buyer shaft ml be Rable for any
penalties,fees or interest resulting therefrom,
21-0 WA=
No claim or right a-rising out of a t this contr in whole or to pan by a
wa(ver a., renunciation of the ciaim or fight wnfess Die waiveT or rertunciation A suzpartecl by
consid
eration in writing and Is signed by the aggrieved party,
22-0 1i 9121EIgAI-19—N
This czarrtmct cant rnodffted Gf resdrided only by a wTm&.n agreement signed by both parties
210 THEAGREEMENJ
in the absence of an otherwise negotiated contract, or unless stated otherwise, the Agreement
between Bu
yef and Seffer &hall consist of these Standard Terms and Conditions together with
any a_ id do—amients pubfished by the Buyer and Seller's Response to such bid (Me
cont,ac documents'), Tbis Agreement is intended by the parties as a final expression of their
agreement and is Intended also as a complete and exclu__M' statement of the termsof theh-
agreem-ent, No course of priot dealings between the parties and no usage of trade shall be
r-elevant to supplement or exp4ain any term used in this Agreement Acceptance of or
acquiescence in a cmffa--of performance under this Agreement shall not be relevant-to del.etmine
the meaning of this Agreement even though me -Wing or acquiescing party has kr*wtedge&
the performance and opportunity for objection Wha-riever a term defined by the Uniform
Commercial Code (UCC) is used in this Agreement, the definition contained In the UCC shall
control In the evIent of a conflict between the oruntract dowments, the order of precedence shall
be these standard Terms and Gondillons, the Stryer's pubkished txd documents and the,Sefles
resp ted Conact, this Agreemerit sha� not
onse, if Buyer and Seller have otharwiaa tr
se negoV
apply,
24O AE P_U
This agreement shall be- govremed by the Undofm Commaral the term 'UnifibTm
ee
Comrn of �UCC' is usedi It 'r 3! constaied as m nin
�ercja; C-nde, the Un;fo,-m Comi-m-Kval
Code as adopted and amended in the State of Texas. Both parties agree that ve�lue for any
litigation arising from this co Worth, Tarrant County, Texas. This contra-cl
_ntract. shall be in Fort Worth
Shall be governed,construed and enforced under the laws of the State of Texas.
R F 0 No 6--0 369, Job Pas-exig"Rf
asi�Search E
Page',4 of 20
- • zz [. s. a -' a y �.. • ! _ i i -$
#' I let of
This m-rtract is made and entered into Vot n reference spea5cally to Chapter 17, Article Ill,
Divi-i ("Employment rac i '), of the City Code of the City of Fort Mith (1986), a
amended. and Seller hereby covenants and -agrees that Seiler, its employees, officers, agents,
vendors or subvendors, have frilly complied with all provisions of same, and that no eemployee.,
participant, applicant, vendor or subvendbr has been discriminated against according to the terms
of such Ordinanoe,by Seller,its employees,officers,agents,vendor or subvverrdars herein.
1.O ! ML
QffMQNTT t lAbtTX
The City of Fort Worth actively sappads ft ImmigTation & Petr r rty Apt il-NA) which InclLides
provl icros addressing employment effTl trty, employment ve_ffu&on and nort6scrimnation
Seller shall v._rrfy the identify and emolbyrrient eli btlrty of all employees who performWork- under
this Afire e-at Seiler shall mplete the Emplesymen i`t:gibility Verifi tion Form (1'- it rrrairrta n
photocopies of all supporting employment oliglbility and Idiinhty documentation for all employees,
and upon request, provide Seller with copies of all 1-9' forms and suppfirfing eligibility
documentation for each employee who performs worlk oar anis Agreement,- Seller shall
establish aWapnate procedures and controls so that no services will b purfor rred by any
vaorker who, is not tty eii Vle to perform such seri ler shall provide
`. tip Fetter that. it has cornWred with the verificabon rear irad by this
Agreement Tali Indemnify y penaffiess or liatAbes, dui to violationo. of this
provision Buyer shall have the right to immediately tormime tits Agreement for viot- s of this
provision by Seller.
32.O t=iEALfikt.SAEM,NDjg Y1RQHMENTAt"RR-QUjREkt[Mj
Services. products, materials, and supplies provided by the Seller must meet or exceed all
applicable item, safety, and the armfironmental laws, requirem'
a standards. to addtt ,
Seller to n and , at i n expense, f alt t ..s its, carIfficates, and
inspections r° to prowde the products or to poirform the services i f uner Seller ShAll
ii rft"y Buyer from any pertathes or liaNlitese to violations of this provisimn. r shah
have the right to immediately terminate tt,"sAgr exit for violations of this provision by Seller
33.0 Bl_ HT TO-AU
See addendum
.Oa 2t ►RtM
to accordance with the moons of the Arm-ricans With. a, e Ad of IM (ADA),
warrants it and anv and air of ft subvendom WN mt ly discriminate on ft bass of
disabliTy in the 'vis' o of a s to l lir the tern is arx-tV corMtom
of employment fear applicants for emploMent . 'tit,,or emplo yees of Sefter or any of its_z
$otter warrants It Wit fully comply with AKA's provtsiorrs and any other applicable federal, state and
local laws concerning disability and Wil d€�fend; lnder�n Fy and hold E�tysr hanrrle against any
claims or allegalioris asserted by third parties or subvendors against Bir arising mA of filler$
androf its subvendor's alleged failure to empty wilh the above-reforenced laws concerning disabitify
discrirTiination in the Wormance of this agreement
RFQ No t -03--6g,JcL,E-- o f arzi Rg- Erqne-
Pageiea of 20
3 .O RES"UTtON
It
It l-w Buyef of Seller has a claim, dispAde, or Darer mfr In question for breach of duly,
ob-ligat-ons,seftMVS rendered air . arises Mi Agreement t1he partes shall A—W
attempt to resofve the� throt dis"resolutionprocess. The dim �shr .
t p 1n wnWV` s a dr the dwm,dispute, or breach The
notce shall state the nature of the dispute and list the party's specific reasons for suchr . `e-
Within tern (14) brrrrtness.Sys of receipt of the notice; boar parties shall make a good faith e
either throLgh small. ural, phone conference. In person meetings, or.other reasonable means to
resdve BITY claim, dispute,breach r mer-matter In question#,tat may Anse out of,or in ctmnection
this Agreernent. If the - fail to resolve the dispibe within sixty ( ) days of the date a
wev of tile no'-enofte of tie d1pute,Ow tt ma submit. W to P - - " .
upon , consent a .es wp in tt� Industry
Arb`itratiw Rales f the Amo n on w i or other applicable rules
mediation then In effect, If the parties canes resolve the dispute through mediation,then either party
SII have the right to ex6rdse any and all remedies tAe under law riling the dispute,
l evi sed O.--tobar 14.2016
RFQ No 15-036.9, _ _m ErVane
Pref 7 of 20
Do
ATTACHMENT A—CONFLICT OF INTEREST DISCLOSURE REQUIREMENT
Pursuant to Chapter 176 of the Local Government Code,any person or agent of a person who ntracts
or seeks to caMuct for the sale or purchase of property,goods,or services with a local govemm ental
entity(i.e.The City of Fort Mrlh)must disclose in the Questionnaire Form CIO('r uastlorinaire)the
person's affiWation of business relatioriWp Mat might cause a conflict of interest with the local
govemTruental entity BY law,Me Questionnaire must be filed wJ-h the Fort Wolh City Seaetary no later
than seven days after the datese the persoii beWns contract&scuswons or negotialtorts with 11 ie City,or
subm i'ds an ap
-p-lication or response to a request for pry csals or Ws!corriesp4mems e,Or wvzther Vatting
related to a pctentW Agreement with the Ott Updated Quesfiormaira5 must ba-filed in conformance with
Chapter 176.
A copy of bhe Questionnaire Form CIO is enclosed with the submittal documents The form is also
available at ;-10i,,,'--,
If you have any questions about compliance,please consult your own legal counsel, Compliance is the
individual responsbilty of each person or agent of a person Who is subject to the filing teQuirement-An
offense under Chapter 176 is a Class C misdemeanor-
NOTEt t1you are not aware of a Conflict of Interest in any business re"onship that you might
have with the City,use NIA In each of the areas on the form Howevef;a signature Is required in
the#4 box in all cas-es.
RFO No. 16-036S,Job Po-"ar4 Resurne Search ErVrx4
Pagel 8 of 20
ED";
CONFLICT Or INTEREST OUESTIONNAIRE
fill
i
tm
- -_
t
ir..
i
S _
I
F ps. 16-03,6-4.Job Postng a Resume Sew-ch Erwyne
Pagel 0
FORT WORTU.,
ATTACHMENT B-VENDORCONTACT INFORMATION
Vendor's Name.-
L'13
Vendors LocalAddrew-
Phone: -'Z-C'� UF-) z Fax
Ems fl:- r� �-,L7-
Name of mrsors to C-ontact Wbern jpjaamg- all wder-
T7
Pham arTrde
.............
Phone- 5=Z-5 7 Fax-
Emait---. tz C
Phone- Fax
Email-
Name-Mille
Phone: Fax:
Email,
Signature Pnnted Name Data
RFO No. 16-0369:idb Po"and Resu-m Search ETVne
Pa-ge2l)of 20
NO QUOTE SHEET
Daria Cavan,Contract Compliance Spedalist
u 4 Division
Fax No 817-392
If your firm has chosen not to submit a quote for this procurement,please complete this form and submit
tn;
City of Fort Wim, sfrT Division
I WOO Th
Fon Worth,Texas 76102
{of fax to above addressl
Please chethe sterns that apply:
Or,not !!the ita tst requirud.
Cannot be competitive,
nnot meet the Speaftations highlighted in the attached Dd,
Cant provide Insurance required
Cannot provide Bor4ing required.
Cannot wmply with Indemnification r u rements,
large.
Job too small,
Do not wish to nss with the Cy.
ElOther reason
Company Name.,
Autnortredffr t
T ptaor * ,_t_ _ F Number:I—
RFO No 16-0-369,Job Postkig and
Ergvw-
Page2llofW