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Home My WebLink AboutContract 52437 -Y CT NO.__501437 Mitchell Adding Machine Company Inc., DBA Mitchell Time and Parking Cl mm T North IH-35 Austin,TX 78751 ip "Serving the Austin and Central Texas Area Since 1945" Email: James.horner@fortworthtexas.gov Submitted By: Gary J. Hobbs Attn: James Horner Phone: 512-371-7773 Project: Will Rogers Memorial Date: December 3, 2018 Gate 42 QTY Model Description Unit Price Total OPUSeries Credit Card Entry Terminal, FlexScan- Ready,Globalcom EMV-Capable, No Pin Pad Barcode ticket, Globalcom BV1000 EMV-capable 1 0-2700/OS1-0003 MSR/Chip credit card terminal (excludes pin pad), $ 11,200.00 $ 11,200.00 magnetic access card configuration, OPUS Umbra Grey (RAL 7022). OPUSeries Credit Card Exit Terminal, FlexScan- Ready, Globalcom EMVCapable Barcode ticket, 1 0-4700/OS1-0005 Globalcom BV1000 EMV-capable MSR/Chip credit $ 12,800.00 $ 12,800.00 card terminal and pin pad, magnetic access card configuration, OPUS Umbra Grey(RAL 7022). 2 1/0 100 Intelligent Lane Controller $ 2,800.00 $ 5,600.00 10100 Configuration File Reader configuration file 1 0-0100/CONFIG for 10100 Universal Lane Controllers (sold $ 640.00 $ 640.00 separately). 2 Umojo Intercom $ 585.00 $ 1,170.00 OPUSeries POS Terminal, FlexScan-Ready,Credit Card Capable Includes receipt printer and cash 1 0-5700/1K1-000P drawer. PAX S300 EMV Terminal Kit 0-0150/000- $ 6,400.00 $ 6,400.00 OOOH sold separately PAX S300 EMV Terminal Kit for OPUS-5000 Series 1 0-0150/000-000H POS Terminal Includes PAX S300 Terminal. $ 560.00 $ 560.00 FlexScan Barcode Imager Kit for OPUS-5000 1 0-0150/000-1000 Series Includes Barcode Imager $ 800.00 $ 800.00 1 AGP-5910/A705 Fee Indicator,Table Mount 120V,table mount. $ 960.00 $ 960.00 1 0-9000/0130 Barcode Ticket Reader and Validator $ 5,600.00 $ 5,600.00 2 Electical Eye Sensor $ 89.00 $ 178.00 2 Procyon UHF RFID Reader $ 3,600.00 $ 7,200.00 2 8' post for transcore reader $ 498.00 $ 996.00 OFFICIAL RECORD CITY SECRETARY FT. WORTH,TX WRM Gargage Lower Level OPUSeries Credit Card Entry Terminal, FlexScan- Ready,Globalcom EMV-Capable, No Pin Pad Barcode ticket, Globalcom BV1000 EMV-capable 1 0-2700/0S1-0003 MSR/Chip credit card terminal (excludes pin pad), $ 11,200.00 $ 11,200.00 magnetic access card configuration, OPUS Umbra Grey(RAL 7022). OPUSeries Credit Card Exit Terminal, FlexScan- Ready,Globalcom EMVCapable Barcode ticket, 1 0-4700/OS1-0005 Globalcom BV1000 EMV-capable MSR/Chip credit $ 12,800.00 $ 12,800.00 card terminal and pin pad, magnetic access card configuration, OPUS Umbra Grey(RAL 7022). 2 Umojo Intercom $ 585.00 $ 1,170.00 OPUSeries POS Terminal, FlexScan-Ready, Credit Card Capable Includes receipt printer and cash 1 0-5700/1K1-000P $ 6,400.00 $ 6,400.00 drawer. PAX 5300 EMV Terminal Kit 0-0150/000- OOOH sold separately PAX 5300 EMV Terminal Kit for OPUS-5000 Series 1 0-0150/000-000H POS Terminal Includes PAX 5300 Terminal. $ 560.00 $ 560.00 FlexScan Barcode Imager Kit for OPUS-5000 1 0-0150/000-1000 Series Includes Barcode Imager $ 800.00 $ 800.00 1 AGP-5910/A705 Fee Indicator,Table Mount 120V,table mount. $ 960.00 $ 960.00 1 0-9000/060 Barcode Ticket Reader and Validator $ 5,600.00 $ 5,600.00 2 Procyon UHF RFID Reader $ 3,600.00 $ 7,200.00 2 8' post for transcore reader $ 498.00 $ 996.00 WRM Gargage Upper Level OPUSeries Credit Card Entry Terminal, FlexScan- Ready, Globalcom EMV-Capable, No Pin Pad Barcode ticket, Globalcom BV1000 EMV-capable 2 0-2700/OS1-0003 $ 11,200.00 $ 22,400.00 MSR/Chip credit card terminal (excludes pin pad), magnetic access card configuration, OPUS Umbra Grey(RAL 7022). OPUSeries Barcode Pay-in-Lane Station, BNR, Coin, FlexScan-Ready, PX SCR200E MSR/Contact Terminal, U.S. Accepts credit cards using Payment Express SCR200E MSR/Contact credit card terminal, accepts notes and coins, 0-7700/OS1-000J- dispenses change in bills and coins (U.S.), OPUS 1 $ 36,400.00 $ 36,400.00 A10 Umbra Grey(RAL 7022). -REPM scanner supports JPEG image capture for the Pro+ Digital Archive feature.-Capable of communications with Genetec LPR system to enable use of patron's LPN along with the entry ticket or exit ticket for thpir narking 4 Umojo Intercom $ 585.00 $ 2,340.00 OPUSeries POS Terminal, FlexScan-Ready, Credit 2 0-5700/1K1-000P Card Capable Includes receipt printer and cash $ 6,400.00 $ 12,800.00 drawer. PAX 5300 EMV Terminal Kit 0-0150/000- 000H sold separately PAX S300 EMV Terminal Kit for OPUS-5000 Series 2 0-0150/000-000H POS Terminal Includes PAX S300 Terminal. $ 560.00 $ 1,120.00 FlexScan Barcode Imager Kit for OPUS-5000 2 0-0150/000-1000 Series Includes Barcode Imager $ 800.00 $ 1,600.00 2 AGP-5910/A705 Fee Indicator,Table Mount 120V,table mount. $ 960.00 $ 1,920.00 2 0-9000/0130 Barcode Ticket Reader and Validator $ 5,600.00 $ 11,200.00 OPUSeries Credit Card Exit Terminal, FlexScan- Ready Barcode ticket, magstripe credit card configuration, custom color. -REPM scanner supports JPEG image capture for the Pro+ Digital Archive 1 0-4700/OX1-0001 feature.-Supports Roving Cashier using optional $ 12,000.00 $ 12,000.00 Proxmity Reader Kit and Roving Cashier Module.-Capable of communications with Genetec LPR system to enable use of patron's LPN along with the entry within grade or exit within lagtime ticket for their parking stay 4 Procyon UHF RFID Reader $ 3,600.00 $ 14,400.00 4 j 8' post for transcore reader $ 498.00 $ 1,992.00 Amon Carter OPUSeries Credit Card Entry Terminal, FlexScan- Ready, Globalcom EMV-Capable, No Pin Pad Barcode ticket, Globalcom BV1000 EMV-capable 1 0-2700/OS1-0003 MSR/Chip credit card terminal (excludes pin pad), $ 11,200.00 $ 11,200.00 magnetic access card configuration, OPUS Umbra Grey(RAL 7022). OPUSeries Credit Card Exit Terminal, FlexScan- Ready,Globalcom EMVCapable Barcode ticket, 1 0-4700/OS1-0005 Globalcom BV1000 EMV-capable MSR/Chip credit $ 12,800.00 $ 12,800.00 card terminal and pin pad, magnetic access card configuration, OPUS Umbra Grey(RAL 7022). 2 Umojo Intercom $ 585.00 $ 1,170.00 OPUSeries POS Terminal, FlexScan-Ready, Credit 1 0-5700/1K1-000P Card Capable Includes receipt printer and cash $ 6,400.00 $ 6,400.00 drawer. PAX S300 EMV Terminal Kit for OPUS-5000 Series 1 0-0150/000-000H POS Terminal Includes PAX S300 Terminal. $ 560.00 $ 560.00 FlexScan Barcode Imager Kit for OPUS-5000 1 0-0150/000-1000 Series Includes Barcode Imager $ 800.00 $ 800.00 1 AGP-5910/A705 Fee Indicator,Table Mount 120V,table mount. $ 960.00 $ 960.00 1 0-9000/060 Barcode Ticket Reader and Validator $ 5,600.00 $ 5,600.00 2 Procyon UHF RFID Reader $ 3,600.00 $ 7,200.00 2 8' post for transcore reader $ 498.00 $ 996.00 1 Electical Eye Sensor $ 89. 00 $ 89.00 Museum Lot OPUSeries Credit Card Entry Terminal, FlexScan- 1 0-2700/OS1-0003 $ 11,200.00 $ 11,200.00 Ready,Globalcom OPUSeries Credit Card Exit Terminal, FlexScan- Ready,Globalcom EMVCapable Barcode ticket, 1 0-4700/OS1-0005 Globalcom BV1000 EMV-capable MSR/Chip credit $ 12,800.00 $ 12,800.00 card terminal and pin pad, magnetic access card configuration, OPUS Umbra 0-0120/000-1000 FlexScan Barcode Imager Kit for OPUS- 2 F 2000/4000/4800 Series Includes Barcode Imager $ 800.00 $ 1,600.00 2 Electical Eye Sensor $ 89.00 $ 178.00 2 Umojo Intercom $ 585.00 $ 1,170.00 2 HID Prox Reader $ 515.00 $ 1,030.00 OPUSeries POS Terminal, FlexScan-Ready, Credit 1 0-5700/1K1-000P Card Capable Includes receipt printer and cash $ 6,400.00 $ 6,400.00 drawer. PAX 5300 EMV Terminal Kit for OPUS-5000 Series 1 0-0150/000-000H POS Terminal Includes PAX S300 Terminal. $ 560.00 $ 560.00 FlexScan Barcode Imager Kit for OPUS-5000 1 0-0150/000-1000 Series Includes Barcode Imager $ 800.00 $ 800.00 1 AGP-5910/A705 Fee Indicator,Table Mount 120V,table mount. $ 960.00 $ 960.00 1 0-9000/0130 Barcode Ticket Reader and Validator $ 5,600.00 $ 5,600.00 2 Procyon UHF RFID Reader $ 3,600.00 $ 7,200.00 2 T 8' post for transcore reader $ 498.00 1 $ 996.00 West Lot Central OPUSeries Credit Card Entry Terminal, FlexScan- Ready,Globalcom EMV-Capable, No Pin Pad Barcode ticket, Globalcom BV1000 EMV-capable 1 0-2700/OS1-0003 MSR/Chip credit card terminal (excludes pin pad), $ 11,200.00 $ 11,200.00 magnetic access card configuration, OPUS Umbra Grey(RAL 7022). OPUSeries Credit Card Exit Terminal, FlexScan- 1 0-4700/OS1-0005 Ready,Globalcom EMVCapable Barcode ticket, $ 12,800.00 $ 12,800.00 Globalcom BV1000 EMV-capable MSR/Chip credit 4 Umojo Intercom $ 585.00 $ 2,340.00 2 Electical Eye Sensor $ 89.00 $ 178.00 2 Procyon UHF RFID Reader $ 3,600.00 $ 7,200.00 2 8' post for transcore reader $ 498.00 $ 996.00 West Lot South OPUSeries Credit Card Entry Terminal, FlexScan- Ready, Globalcom EMV-Capable, No Pin Pad Barcode ticket, Globalcom BV1000 EMV-capable 1 0-2700/OS1-0003 $ 11,200.00 $ 11,200.00 MSR/Chip credit card terminal (excludes pin pad), magnetic access card configuration, OPUS Umbra Grey(RAL 7022). OPUSeries Barcode Pay-in-Lane Station, BNR, Coin, FlexScan-Ready, PX SCR200E MSR/Contact Terminal, U.S.Accepts credit cards using Payment Express SCR200E MSR/Contact credit card terminal, accepts notes and coins, 0-7700/0S1-000J- dispenses change in bills and coins(U.S.), OPUS 1 A10 Umbra Grey(RAL 7022).-REPM scanner supports $ 36,400.00 $ 36,400.00 JPEG image capture for the Pro+ Digital Archive feature.-Capable of communications with Genetec LPR system to enable use of patron's LPN along with the entry ticket or exit ticket for their parking 2 Umojo Intercom $ 585.00 $ 1,170.00 OPUSeries POS Terminal, FlexScan-Ready, Credit 1 0-5700/1K1-000P Card Capable Includes receipt printer and cash $ 6,400.00 $ 6,400.00 drawer. PAX 5300 EMV Terminal Kit for OPUS-5000 Series 1 0-0150/000-000H POS Terminal Includes PAX 5300 Terminal. $ 560.00 $ 560.00 FlexScan Barcode Imager Kit for OPUS-5000 1 0-0150/000-1000 Series Includes Barcode Imager $ 800.00 $ 800.00 1 AGP-5910/A705 Fee Indicator,Table Mount 120V,table mount. $ 960.00 $ 960.00 1 0-9000/0130 Barcode Ticket Reader and Validator $ 5,600.00 $ 5,600.00 I Procyon UHF RFID Reader $ 3,600.00 $ 3,600.00 1 8' post for transcore reader $ 498.00 $ 498.00 2 Electical Eye Sensor $ 89.00 $ 178.00 Watt Lot OPUSeries Credit Card Entry Terminal, FlexScan- 1 0-2700/OS1-0003 Ready,Globalcom EMV-Capable, No Pin Pad $ 11,200.00 $ 11,200.00 OPUSeries Credit Card Exit Terminal, FlexScan- Ready, Globalcom EMVCapable Barcode ticket, Globalcom BV1000 EMV-capable MSR/Chip credit 1 0-4700/051-0005 card terminal and pin pad, magnetic access card $ 12,800.00 $ 12,800.00 configuration, OPUS Umbra Grey(RAL 7022). 2 1/0 100 Intelligent Lane Controller $ 2,800.00 $ 5,600.00 2 Umojo Intercom $ 585.00 $ 1,170.00 OPUSeries POS Terminal, FlexScan-Ready, Credit 1 0-5700/1K1-000P Card Capable Includes receipt printer and cash $ 6,400.00 $ 6,400.00 PAX 5300 EMV Terminal Kit for OPUS-5000 Series 1 0-0150/000-000H POS Terminal Includes PAX 5300 Terminal. $ 560.00 $ 560.00 FlexScan Barcode Imager Kit for OPUS-5000 1 0-0150/000-1000 $ 800.00 $ 800.00 Series 1 AGP-5910/A705 Fee Indicator,Table Mount 120V,table mount. $ 960.00 $ 960.00 1 0-9000/060 Barcode Ticket Reader and Validator $ 5,600.00 $ 5,600.00 2 Electical Eye Sensor $ 89.00 $ 178.00 2 Procyon UHF RAID Reader $ 3,600.00 $ 7,200.00 2 8' post for transcore reader $ 498.00 $ 996.00 Burnet Tandy OPUSeries Credit Card Entry Terminal, FlexScan- Ready,Globalcom EMV-Capable, No Pin Pad Barcode ticket, Globalcom BV1000 EMV-capable 1 0-2700/0S1-0003 MSR/Chip credit card terminal (excludes pin pad), $ 11,200.00 $ 11,200.00 magnetic access card configuration, OPUS Umbra Grey(RAL 7022). OPUSeries Credit Card Exit Terminal, FlexScan- Ready,Globalcom EMVCapable Barcode ticket, Globalcom BV1000 EMV-capable MSR/Chip credit 1 0-4700/OS1-0005 card terminal and pin pad, magnetic access card $ 12,800.00 $ 12,800.00 configuration, OPUS Umbra Grey(RAL 7022). 2 Umojo Intercom $ 585.00 $ 1,170.00 2 1/0 100 Intelligent Lane Controller $ 2,800.00 $ 5,600.00 OPUSeries POS Terminal, FlexScan-Ready, Credit 1 0-5700/1K1-000P Card Capable Includes receipt printer and cash $ 6,400.00 $ 6,400.00 drawer. PAX 5300 EMV Terminal Kit for OPUS-5000 Series 1 0-0150/000-000H POS Terminal Includes PAX 5300 Terminal. $ 560.00 $ 560.00 FlexScan Barcode Imager Kit for OPUS-5000 1 0-0150/000-1000 Series Includes Barcode Imager $ 800.00 $ 800.00 1 AGP-5910/A705 Fee Indicator,Table Mount 120V,table mount. $ 960.00 $ 960.00 1 0-9000/0130 Barcode Ticket Reader and Validator $ 5,600.00 $ 5,600.00 2 Electical Eye Sensor $ 89.00 $ 178.00 2 Procyon UHF RFID Reader $ 3,600.00 $ 7,200.00 2 8' post for transcore reader $ 498,001 $ 996.00 Software/Installation eParcVal &eFlexPrint Validation package 1 AMS5180VPB consisting of Online Validation and QR Barcode $ 9,600.00 $ 9,600.00 Validation Modules. 1 Dell SQL Server $ 4,500.00 $ 4,500.00 1 Dell APP Server $ 4,000.00 $ 4,000.00 1 Installation of equipment listed in this proposal $ 48,100.00 $ 48,100.00 Shipping: $ 6,545.00 Subtotal: $ 599,984.00 Amano Credit: $ (40,000.00) Tax: Exempt Grand Total: $ 559,984.00 Deposit Payment Terms: * Mitchell Time and Parking requires 50%payment at the time of signing to ensure timely delivery of project. * Mitchell Time and Parking reserves the right to charge a cancellation fee of 20%of the total contract to be paid immediately at the time of cancellation. Mitchell Time and Parking Invoicing Terms: *Net 10 days,finance charges of 1.5%per month after the first month, and each month thereafter. The Following are Excluded from this Proposal: *Overtime Hours Additional Charges May Apply for After Business Hours(Bam4:30pm) Projects 1--"? '&� (' 11, hq (�hthorizecl Signature Date � 4 �r Gary J. Hobbs President Alternative #1 Amano Analytics Suites QTY Model Equipment Unit Price Total 1 API/Analytic One Time Set-up Fee $ 2,000.00 $ 2,000.00 1 Symphony Analytics- Essentials $150/ Month or $450/Quarter ADDENDUM TO AGREEMENT BETWEEN THE CITY OF FORT WORTH AND MITCHELL ADDING MACHINE COMPANY, INC., DBA MITCHELL TIME AND PARKING This Addendum to the Agreement ("Addendum") is entered into by and between the Mitchell Adding Machine Company, Inc., dba Mitchell Time and Parking ("Seller") and the City of Fort Worth ("City"), collectively the"parties", for a purchase of parking automation equipment with Radio Frequency Identification Technology. The Agreement shall include the following: 1. The WRMC Equipment Plus_; and 2. This Addendum. This Agreement shall not exceed $561,984.00, and City makes no representation that City will procure the total amount of goods or services under this Agreement from Seller. City shall only be responsible for goods or services actually ordered by City up to this not to exceed amount. Notwithstanding any language to the contrary in the attached Agreement (the "Agreement"), the Parties hereby stipulate by evidence of execution of this Addendum below by a representative of each party duly authorized to bind the parties hereto, that the parties hereby agree that the provisions in this Addendum below shall be applicable to the Agreement as follows: 1. Term. The Agreement shall become effective upon the signing of the Agreement (the "Effective Date") and shall expire (_5_) years after the Effective Date (the Expiration Date"), unless terminated earlier in accordance with the provisions of the Agreement or otherwise extended by the parties. 2. Termination. a. Convenience. City may terminate the Agreement at any time and for any reason by providing Seller with 30 days written notice of termination. b. Breach. If either party commits a material breach of the Agreement,the non- breaching Party must give written notice to the breaching party that describes the breach in reasonable detail. The breaching party must cure the breach ten (10) calendar days after receipt of notice from the non-breaching party, or other time frame as agreed to by the parties. If the breaching party fails to cure the breach within the stated period of time, the non-breaching party may, in its sole discretion, and without prejudice to any other right under the Agreement, law, or equity, immediately terminate this Agreement by giving written notice to the breaching party. Addendum Page 1 of 9 C. Fiscal Funding Out. In the event no funds or insufficient funds are appropriated by City in any fiscal period for any payments due hereunder, City will notify Seller of such occurrence and the Agreement shall terminate on the last day of the fiscal period for which appropriations were received without penalty or expense to the City of any kind whatsoever, except as to the portions of the payments herein agreed upon for which funds have been appropriated. d. Duties and Obligations of the Parties. In the event that the Agreement is terminated prior to the Expiration Date, City shall pay Seller for services actually rendered up to the effective date of termination and Seller shall continue to provide City with services requested by City and in accordance with the Agreement up to the effective date of termination. Upon termination of the Agreement for any reason, Seller shall provide City with copies of all completed or partially completed documents prepared under the Agreement. In the event Seller has received access to City inforination or data as a requirement to perform services hereunder, Seller shall return all City provided data to City in a machine readable format or other format deemed acceptable to City. 3. Attorneys' Fees, Penalties, and Liquidated Damages. To the extent the attached Agreement requires City to pay attorneys" fees for any action contemplated or taken, or penalties or liquidated damages in any amount, City objects to these terms and any such terms are hereby deleted from the Agreement and shall have no force or effect. 4. Law and Venue. The Agreement and the rights and obligations of the parties hereto shall be governed by, and construed in accordance with the laws of the United States and state of Texas, exclusive of conflicts of laws provisions. Venue for any suit brought under the Agreement shall be in a court of competent jurisdiction in Tarrant County, Texas. To the extent the Agreement is required to be governed by any state law other than Texas or venue in Tarrant County, City objects to such terms and any such terms are hereby deleted from the Agreement and shall have no force or effect. 5. Insurance. a. The City is a governmental entity under the laws of the state of Texas and pursuant to Chapter 2259 of the Texas Government Code, entitled "Self-Insurance by Governmental Units," is self-insured and therefore is not required to purchase insurance. To the extent the Agreement requires City to purchase insurance, City objects to any such provision, the parties agree that any such requirement shall be null and void and is hereby deleted from the Agreement and shall have no force or effect. City will provide a letter of self-insured status as requested by Seller. b. Seller shall provide City with certificate(s) of insurance documenting policies of the following types and minimum coverage limits that are to be in effect prior to commencement of any work pursuant to this Agreement: 5(b)(1) Coverage and Limits Addendum Page 2 of 9 (a) Commercial General Liability: $1,000,000 - Each Occurrence $2,000,000 - Aggregate (b) Automobile Liability: $1,000,000 - Each occurrence on a combined single limit basis Coverage shall be on any vehicle used by Seller, its employees, agents, representatives in the course of providing services under this Agreement. "Any vehicle" shall be any vehicle owned, hired and non-owned. (c) Worker's Compensation: Statutory limits according to the Texas Workers' Compensation Act or any other state workers' compensation laws where the work is being performed Employers' liability $100,000 - Bodily Injury by accident; each accident/occurrence $100,000 - Bodily Injury by disease; each employee $500,000- Bodily Injury by disease; policy limit (d) Professional Liability (Errors & Omissions): $1,000,000 - Each Claim Limit $1,000,000 - Aggregate Limit Professional Liability coverage may be provided through an endorsement to the Commercial General Liability (CGL) policy, or a separate policy specific to Professional E&O. Either is acceptable if coverage meets all other requirements. Coverage shall be claims-made, and maintained for the duration of the contractual agreement and for two (2) years following completion of services provided. An annual certificate of insurance shall be submitted to City to evidence coverage. 5(b)(2) General Requirements (a) The commercial general liability and automobile liability policies shall name City as an additional insured thereon, as its interests may appear. The term Addendum Page 3 of 9 City shall include its employees,officers,officials,agents,and volunteers in respect to the contracted services. (b) The workers' compensation policy shall include a Waiver of Subrogation (Right of Recovery) in favor of City. (c) A minimum of Thirty(30)days' notice of cancellation or reduction in limits of coverage shall be provided to City. Ten (10) days' notice shall be acceptable in the event of non-payment of premium. Notice shall be sent to the Risk Manager, City of Fort Worth, 200 Texas Street, Fort Worth, Texas 76102, with copies to the Fort Worth City Attorney at the same address. (d) The insurers for all policies must be licensed and/or approved to do business in the State of Texas. All insurers must have a minimum rating of A- VII in the current A.M. Best Key Rating Guide, or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. If the rating is below that required, written approval of Risk Management is required. (e) Any failure on the part of City to request required insurance documentation shall not constitute a waiver of the insurance requirement. (0 Certificates of Insurance evidencing that Seller has obtained all required insurance shall be delivered to the City prior to Seller proceeding with any work pursuant to this Agreement. 6. Sovereign Immunity. Nothing herein constitutes a waiver of City's sovereign immunity. To the extent the Agreement requires City to waive its rights or immunities as a government entity; such provisions are hereby deleted and shall have no force or effect. 7. Limitation of Liability and Indemnity. To the extent the Agreement, in any way, limits the liability of Seller or requires City to indemnify or hold Seller or any third party harmless from damages of any kind or character, City objects to these terms and any such terms are hereby deleted from the Agreement and shall have no force or effect. 8. No Debt. In compliance with Article 11 § 5 of the Texas Constitution, it is understood and agreed that all obligations of City hereunder are subject to the availability of funds. If such funds are not appropriated or become unavailable, City shall have the right to terminate the Agreement except for those portions of funds which have been appropriated prior to termination. 9. Confidential Information. City is a government entity under the laws of the State of Texas and all documents held or maintained by City are subject to disclosure under the Texas Public Information Act. To the extent the Agreement requires that City maintain records in Addendum Page 4 of 9 violation of the Act, City hereby objects to such provisions and such provisions are hereby deleted from the Agreement and shall have no force or effect. In the event there is a request for information marked Confidential or Proprietary, City shall promptly notify Seller. It will be the responsibility of Seller to submit reasons objecting to disclosure. A determination on whether such reasons are sufficient will not be decided by City, but by the Office of the Attorney General of the State of Texas or by a court of competent jurisdiction. 10. Addendum Controlling. If any provisions of the attached Agreement, conflict with the terms herein, are prohibited by applicable law, conflict with any applicable rule, regulation or ordinance of City, the terms in this Addendum shall control. 11. Immigration Nationality Act. City actively supports the Immigration&Nationality Act(INA)which includes provisions addressing employment eligibility, employment verification, and nondiscrimination. Seller shall verify the identity and employment eligibility of all employees who perform work under the Agreement. Seller shall complete the Employment Eligibility Verification Form(I-9),maintain photocopies of all supporting employment eligibility and identity documentation for all employees, and upon request, provide City with copies of all I-9 forms and supporting eligibility documentation for each employee who performs work under the Agreement. Seller shall establish appropriate procedures and controls so that no services will be performed by any employee who is not legally eligible to perform such services. Seller shall provide City with a certification letter that it has complied with the verification requirements required by the Agreement. Seller shall indemnify City from any penalties or liabilities due to violations of this provision. City shall have the right to immediately terminate the Agreement for violations of this provision by Seller. 12. No Boycott of Israel. If Seller is a company with ten (10) or more full-time employees, Seller acknowledges that in accordance with Chapter 2270 of the Texas Government Code, City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. If applicable under this Agreement, by signing this Addendum. Seller certifies that Seller's signature provides written verification to City that Seller: (1) does not boycott Israel: and(2) will not boycott Israel during the term of the Agreement. 13. Right to Audit. Seller agrees that City shall, until the expiration of three (3) years after final payment under the Agreement, have access to and the right to examine any directly pertinent books, documents, papers and records of Seller involving transactions relating to the Agreement. Seller agrees that City shall have access during normal working hours to all necessary Seller facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section. City shall give Seller reasonable advance notice of intended audits. 14. Disclosure of Conflicts and Confidential Information. Addendum Page 5 of 9 a. Disclosure of Conflicts. Vendor hereby warrants to City that Vendor has made full disclosure in writing of any existing or potential conflicts of interest related to Vendor's services under this Agreement. In the event that any conflicts of interest arise after the Effective Date of this Agreement, Vendor hereby agrees immediately to make full disclosure to City in writing. b. 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 party without the prior written approval of City. c. 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 or 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. 15. Independent Contractor. It is expressly understood and agreed that Seller shall operate as an independent contractor as to all rights and privileges and work performed under this Agreement, and not as agent, representative or employee of City. Subject to and in accordance with the conditions and provisions of this Agreement, Seller 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,contractors, and subcontractors. Seller acknowledges that the doctrine of respondeat superior shall not apply as between City, its officers, agents, servants and employees, and Seller, its officers, agents, employees, servants, consultants, contractors and subcontractors. Seller further agrees that nothing herein shall be construed as the creation of a partnership or joint enterprise between City and Seller. It is further understood that City shall in no way be considered a Co-employer or a Joint employer of Seller or any officers, agents, servants, employees, consultants, or subcontractors of Seller. Neither Seller, nor any officers, agents, servants, employees, consultants or subcontractors of Seller shall be entitled to any employment benefits from City. Seller 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, consultants, or subcontractors. 16. Assignment. Seller shall not assign or subcontract any of its duties, obligations or rights under this Agreement without the prior written consent of City. If City grants consent to an Addendum Page 6 of 9 assignment, the assignee shall execute a written agreement with City and Seller under which the assignee agrees to be bound by the duties and obligations of Seller under this Agreement. Seller and Assignee shall be jointly liable for all obligations of Seller under this Agreement prior to the effective date of the assignment. 17. Notices. Notices required pursuant to the provisions of this Agreement shall be conclusively determined to have been delivered when (1) hand-delivered to the other party, its agents, employees, servants or representatives, (2) delivered by facsimile with electronic confirmation of the transmission, or (3) received by the other party by United States Mail, registered, return receipt requested, addressed as follows: To CITY: To SELLER: City of Fort Worth 6 t;{1,,I1 ��. M4w- 1 ' nA(.0(+vimr R•�1�� Attn: Susan Alanis,Assistant City Manager �bb5 Title Pres:c�cv�� 200 Texas Street Lrg o N ?2j Fort Worth,TX 76102-6314 -7z—m Facsimile: (817)392-8654 Facsimile: 5-12-371.7jQ With copy to Fort Worth City Attorney's Office at same address 18. 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. 19. No waiver. The failure of City or Seller to insist upon the performance of any tern or provision of this Agreement or to exercise any right granted herein shall not constitute a waiver of City's or Seller's respective right to insist upon appropriate performance or to assert any such right on any future occasion. 20. 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. 21. Force Maiet ire. City and Seller 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, compliance with any government law, ordinance or regulation, acts of God, acts of the public enemy, fires, strikes, lockouts, natural disasters, ears, riots, material or labor restrictions by any governmental authority,transportation problems and/or any other similar causes. Addendum Page 7 of 9 22. Amendments/Modifications/Extensions. No amendment, modification, or extension of this Agreement shall be binding upon a party hereto unless set forth in a written instrument, which is executed by an authorized representative of each party. 23. Change in Seller Name or Ownership. Seller shall notify City's Purchasing Manager, in writing, of a company name, ownership, or address change for the purpose of maintaining updated City records. The Seller's 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. 24. 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. Each party is fully entitled to rely on these warranties and representations in entering into this Agreement or any amendment hereto. (signature page follows) Addendum Page 8 of 9 Executed this the*day of 2019. R CITY: City of Fort Worth Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all By: performance and reporting requirements. Name: n:Y Title: ssistant ih,ManagerAl Date: I s l By: Name: Approval Recommended: Title: ltiy., Approved as to Form and Legality: By: ) Name: Title: By: Name: .Jessica rn ang Attest: �,'� Title: Senior A istant City Attorney Contract Authorization: Bv Name: Title: City Secre ry ZCi lq �' L'�7j 2�t1 v �r SELLER: AULAI Bv: Name: , 5 WIs Title: Tr, et Date: OFFICIAL RECORD CITY SECRETARY FT. WORTH,T Addendum Official site ofthe Cit�of Fort Worth,Texas s City Council Agenda IIIIIIII�� COUNCIL ACTION: Approved on 5/21/2019- Ordinance Nos.23671-05-2019 and 23672- 05-2019 20WILL ROGERS DATE: 5/21/2019 REFERENCE **C-29130 LOG NAME: MEMORIAL CENTER NO.: PARKING SYSTEM UPGRADE CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: Authorize Sole Source Agreements with Mitchell Adding Machine Company, Inc., dba Mitchell Time and Parking in a Total Amount not to Exceed $645,933.49 for the Purchase of Parking Automation Equipment with Radio Frequency Identification Technology to Enable the Consolidation of the Parking Systems of the Dickies Arena and the Will Rogers Memorial Center and to Provide Preventative Maintenance at City Parking Facilities, Authorize an Agreement with RPGA Design Group Inc., in an Amount Not to Exceed $11,000.00 to Redesign Driving Lanes to Accommodate the Automation Equipment at Will Rogers Memorial Center, and Adopt Appropriation Ordinances (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council: 1. Authorize sole source agreements with Mitchell Adding Machine Company, Inc., dba Mitchell Time and Parking for a total amount not to exceed $645,933.49 for the purchase of parking automation equipment with radio frequency identification technology to enable the consolidation of the parking systems of the Dickies Arena and the Will Rogers Memorial Center and to provide preventative maintenance at City parking facilities for the Transportation and Public Works Department; 2. Authorize an agreement with RPGA Design Group Inc., in an amount not to exceed $11,000.00 to redesign driving lanes to accommodate the automation equipment at Will Rogers Memorial Center; 3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the amount of$656,933.49 in the Municipal Parking Fund (54501), from available funds in the Municipal Parking Fund's net position; 4. Authorize a transfer in the amount of$656,933.49 from the Municipal Parking Fund (54501) to the Municipal Parking Capital Project Fund (54502); and 5. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the amount of$656,933.49 in the Municipal Parking Capital Project Fund (54502), from the Municipal Parking Fund (54501) for the purchase of parking automation equipment for Will Rogers Memorial Center, preventative maintenance at City parking facilities, and to redesign the driving lanes at Will Rogers Memorial Center. DISCUSSION: The Transportation and Public Works Department (TPW) recommends entering into sole source agreements with Mitchell Adding Machine Company, Inc., dba Mitchell Time and Parking (MTP) to purchase parking automation equipment with Radio Frequency Identification Technology (RFID) for an amount not to exceed $561,984.00 for the Will Rogers Memorial Center (WRMC) Parking System and to provide five year service and preventative maintenance in an amount not to exceed $83,949.49 for the Will Rogers Memorial Center Parking System and the Houston and Commerce Street Parking Garages. The total amount with MTP will not exceed $645,933.49. TPW also recommends entering into an agreement with RPGA Design Group Inc., for $11,000.00 for the redesign of the West Lot in the WRMC Parking System. The total for all these improvements is $656,933.49. The system improvements will allow for a seamless integration of city parking assets with the new Dickies Arena in addition, automation will assist the city in ensuring financial integrity. M/WBE OFFICE - A waiver of the goal for MBE/SBE subcontracting requirements was requested by TPW and approved by the M/WBE Office, in accordance with the MWBE or BDE Ordinance, because the MWBE Waiver is based on the sole source information provided to the M/WBE Office by TPW's project manager. The procurement from MTP is exempted from competitive bidding requirements because it is a purchase of software and related services for which MTP is the exclusive owner and provider, as authorized by Section 252.022 of the Local Government Code. Only MTP's software is compatible with the City's existing Amano McGann software system. RPGA Design Group, Inc. is one of five firms selected to perform architectural services through the City's Annual Architectural Service Agreement (M&C C-27982). This agreement is in All Council Districts. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that funds are available in the Municipal Parking Fund Reserve Cash Balance, and that prior to transfer an expenditure being made in the Municipal Parking Capital Fund, the Parking Fund has the responsibility to validate the availability of funds. TO Fund Department Account Project ProgramActivity Budget Reference# Amount ID ID Year (Chartfield 2) FROM Fund Department Account Project ProgramActivityBudget Reference # Amount ID ID Year (Chartfield 2) Submitted for City Manaller's Office by: Susan Alanis (8180) OriL,inatinll Department Head: Steve Cooke (5134) Additional Information Contact: Tanya Brooks (7861) ATTACHMENTS MTP Form 1295_Redacted.pdf parking ord AOl.docx parking ord A02.docx RPGA Form 1295 Certificate Redacted.pdf