HomeMy WebLinkAboutContract 53680 r
City Secretary Contract No.
53680
FoRTWORTHO
C1TV OF FORT W ''f
C1N SECR�ARY ,� 0
Ot 6 $ Lo' VENDOR SERVICES AGREEMENT
Siddons Martin Emergency,Group
This VENDOR SERVICES AGREEMENT("Agreement")is made and entered into by and
between the CITY OF FORT WORTH("City'),a Texas home rule municipal corporation and
Siddons Martin Emergency,Group("Vendor"),each individually referred to as a"party"and
collectively referred to as the"Parties."
AGREEMENT DOCUMENTS:
The Agreement documents shall include the following;
1. This Vendor ServicesAgreement;
2. Exhibit A—Scope ofServices;
3. Exhibit B—Price Schedule;and
4. Exhibit C--Verification of SignatureAuthority Form.
5. Exhibit D—Seller's Sole Source Justification Letter
6. Exhibit E—Sole Source Procurement Justification
Exhibits A, B, C, D and E, which are attached hereto and incorporated herein, are made a part of this
Agreement for all purposes. In the event of any conflict between the terms and conditions of Exhibits A,
B or C and the terns and conditions set forth in the body of this Agreement,the terms and conditions of
this Agreement shall control.
1. �gpgg of Services.Vendor shall supply City with Repair of Fire of Fire Apparatus Damaged in
a Motor Vehicle Accident. (Collectively, the "Services"). Exhibit "A" - Scope of Services
more specifically describes the Services to be provided hereunder.
2. Term.This Agreement shall begin on the date signed by the Assistant City Manager below
("Effective Date')and shall expire on January 23,2021 ("Expiration Date"),unless terminated
earlier in accordance with this Agreement("Initial Tenn").City shall have the option,in its sole
discretion,to renew this Agreement under the same terms and conditions,for up to three(3)
one-year renewal options,at City's sole discretion.
3. Comnensation.City shall pay Vendor in accordance with the fee schedule of Vendor
personnel who perform services under this Agreement in accordance with the provisions ofthis
Agreement and Exhibit"B,"--Price Schedule,Total payment made under this Agreement for
the[first]year by City shall be in an amount up to One Hundred and thirty-thousand
dollars($130,000.00).Payments for the following years shall be as described in Exhibit B.
Vendor shall not perform any additional services or bill for expenses incurred for City not
specified by this Agreement unless City requests and approves in writing the additional costs
for such services.City shall not be liable for any additional expenses of Vendor not specified
by this Agreement unless City first approves such expenses inwriting.
Vendor Services Agreement Page 1 of
City Secretary Contract No.
1. Termination,
I.I. Written Notice.City or Vendor may terminate this Agreement at any time and for
any reason by providing the other party with 30 days'written notice of termination.
4.2 Non-appropriation of Funds. In the event no funds or insufficient funds are
appropriated by City in any fiscal period for any payments due hereunder,City will notify Vendor
of such occurrence and this Agreement shall terminate on the Iast day of the fiscal period for
which appropriations were received without penalty or expense to City of any kind whatsoever,
except as to the portions of the payments herein agreed upon for which funds have been
appropriated.
4.3 Duties and Obligations of the Parties. In the event that this Agreement is
terminated prior to the Expiration Bate,City shall pay Vendor for services actually rendered up to
the effective date of termination and Vendor shall continue to provide City with services
requested by City and in accordance with this Agreement up to the effective date of termination.
Upon termination of this Agreement for any reason, Vendor shall provide City with copies of all
completed or partially completed documents prepared under this Agreement. In the event Vendor
has received access to City Information or data as a requirement to perform services hereunder,
Vendor shall return all City provided data to City in a machine readable format or other format
deemed acceptable toCity.
2. 12kelosure of Conflicts and Confidential Information.
5.1 Disclosure of Conflicts. Vendor hereby warrants to City that Vendor has
made full disclosure in writing of any existing or potential conflicts of interest related to Vendor's
services under this Agreement. In the event that any conflicts of interest arise after the Effective
Date of this Agreement, Vendor hereby agrees immediately to matte full disclosure to City in
writing.
5.2 Confidential Information. Vendor, for itself and its officers, agents and
employees,agrees that it shall treat all information provided to it by City("City Information")as
confidential and shall not disclose any such information to a third party without the prior written
approval ofCity.
5.3 Public Information Act. City is a government entity under the laws of the State
of Texas and all documents held or maintained by City are subject to disclosure under the Texas
Public Information Act. In the event there is a request for information marked Confidential or
Proprietary, City 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.
5.3 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
Vendor Services Agreement Page 2 ❑f
City Secretary Contract No.
Means and shall fully cooperate with City to protect such City Information from
further unauthorized disclosure.
3. Rieht to Audit.Vendor agrees that City shall,until the expiration of three(3)years after
final payment under this contract, or the final conclusion of any audit commenced during the.said three
years, have access to and the right to examine at reasonable times any directly pertinent books,
documents, papers and records, including, but not limited to, all electronic records, of Vendor involving
transactions relating to this Agreement at no additional cost to City. Vendor agrees that City shall have
access during normal working hours to all necessary Vendor facilities and shall be provided adequate and
appropriate work space in order to conduct audits in compliance with the provisions of this section. City
shall give Vendor reasonable advance notice of intended audits.
4. Independent Contractor.It is expressly understood and agreed that Vendor 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,Vendor shall have the exclusive right to control the details of its operations
and activities and be solely responsible for the acts and omissions of its officers, agents, servants,
employees, Vendors and sub Vendors. Vendor acknowledges that the doctrine of respondent superior
shall not apply as between City, its officers, agents, servants and employees, and Vendor, its officers,
agents, employees,servants,Vendors and sub Vendors. Vendor further agrees that nothing herein shall be
construed as the creation of a partnership or joint enterprise between City and Vendor. It is further
understood that City shall in no way be considered a Co-employer or a Joint employer of Vendor or any
officers, agents, servants, employees or sub Vendor of Vendor.Neither Vendor,nor any officers, agents,
servants, employees or sub Vendor of Vendor shall be entitled to any employment benefits from City.
Vendor shall be responsible and liable for any and all payment and reporting of taxes on behalf of itself,
and any of its officers,agents,servants,employees orsub Vendor.
5. Liabflmly and Indemnification.
8.1 LI BILIZ'Y_ VENDOR SHALL BE LIABLE AND RESPONSIBLE FOR
ANY AND ALL PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY,
INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER,
WHETHER REAL OR ASSERTED, TO THE EXTENT CAUSED BY THE NEGLIGENT
ACT(S) OR OMISSION(S), MALFEASANCE OR INTENTIONAL MISCONDUCT OF
VENDOR,ITS OFFICERS,AGENTS,SERVANTS OREMPL 0YEES
8.2 GENERAL INDEMNIFICATION- VENDOR HEREBY COVENANTS AND
AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS,
AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL
CLAIMS OR LAWSUITS OF ANY KIND OR CHARACTER, WHETHER REAL OR
ASSERTED, FOR EITHER PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED
DAMAGE OR LOSS TO VENDOR'S BUSINESS AND ANY RESULTING LOST PROFITS)
AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS,
ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, TO THE EXTENT
CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS OR MALFEASANCE OF
VENDOR,ITS OFFICERS,AGENTS,SERVANTS OREMPL0YEES
8.3 INTELLECTUAL PROPERTY INDEMNIFICATION — Vendor agrees to
defend, settle, or pay, at its own east and expense, any claim or action against City for
infringement of any patent,copyright,trade mark,trade secret,or similar property right
Vendor Services Agreement Page 3 of
City Secretary Contract No.
arising from City's use of the software and/or documentation in accordance with this
Agreement,it being understood that this agreement to defend,settle or pay shall not apply if
City modifies or misuses the software and/or documentation. So long as Vendor bears the
cost and expense of payment for claims or actions against City pursuant to this section,
Vendor shall have the right to conduct the defense of any such claim or action and all
negotiations for its settlement or compromise and to settle or compromise any such claim;
however, City shall have the right to fully participate in any and all such settlement,
negotiations,or lawsuit as necessary to protect City's interest,and City agrees to cooperate
with Vendor in doing so. In the event City, for whatever reason, assumes the responsibility
for payment of costs and expenses for any claim or action brought against City for
infringement arising under this Agreement, City shall have the sole right to conduct the
defense of any such claim or action and all negotiations for its settlement or compromise and
to settle or compromise any such claim; however, Vendor shall fully participate and
cooperate with City in defense of such claim or action. City agrees to give Vendor timely
written notice of any such claim or action,with copies of all papers City may receive relating
thereto. Notwithstanding the foregoing, City's assumption of payment of costs or expenses
shall not eliminate Vendor's duty to indemnify City under this Agreement. If the software
andlor documentation or any part thereof is held to infringe and the use thereof is enjoined
or restrained or, if as a result of a settlement or compromise, such use is materially
adversely restricted, Vendor shall, at its own expense and as City's sole remedy, either: (a)
procure for City the right to continue to use the software and/or documentation; or (b)
modify the software and/or documentation to make it non-infringing, provided that such
modification does not materially adversely affect City's authorized use of the software
and/or documentation; or (c) replace the software and/or documentation with equally
suitable, compatible, and functionally equivalent non-infringing software and/or
documentation at no additional charge to City; or(d)if none of the foregoing alternatives is
reasonably available to Vendor terminate this Agreement, and refund all amounts paid to
Vendor by City, subsequent to which termination City may seek any and all remedies
available to City underlaw.
6. Assignment_andSubcontractine.
9.1 Assignment_ Vendor 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 assignment, the assignee shall execute a written agreement with City and Vendor under which
the assignee agrees to be bound by the duties and obligations of Vendor under this Agreement.
Vendor and Assignee shall be,jointly liable for all obligations of Vendor under this Agreement
prior to the effective date ofthe assignment.
9.2 Subcontract. If City grants consent to a subcontract, sub Vendor shall execute a
written agreement with Vendor referencing this Agreement under which sub Vendor shall agree
to be bound by the duties and obligations of Vendor under this Agreement as such duties and
obligations may apply. Vendor shall provide City with a fully executed copy of any such
subcontract.
7. llk�U[anc . Vendor 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:
10.1 Coyemge_and Limits
Vendor Services Agreement Page 4 of
City Secretary Contract No.
(a) Commercial GeneralLiability:
$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 Vendor, 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- BodiIy 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 outer 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.
10.2 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
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 shallbe
Vendor Services Agreement Page 5 of
City Secretary Contract No.
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 isrequired.
(e) Any failure on the part of City to request required insurance
documentation shall not constitute a waiver of the insurancerequirement.
(f) Certificates of Insurance evidencing that Vendor has obtained all
required insurance shall be delivered to the City prior to Vendor proceeding with
any work pursuant to this Agreement.
S. Com0liance_with Laws. Ordinances. Rules and Regulations. Vendor agrees that in
the performance of its obligations hereunder, it shall comply with all applicable federal, state and local
laws,ordinances, rules and regulations and that any work it produces in connection with this Agreement
will also comply with all applicable federal,state and local laws,ordinances,rules and regulations. If City
notifies Vendor of any violation of such laws, ordinances, rules or regulations, Vendor shall immediately
desist from and correct the violation.
9. Non-Discrimination Covenant. Vendor, for itself, its personal representatives, assigns,
sub Vendors and successors in interest,as part of the consideration herein, agrees that in the performance
of Vendor's duties and obligations hereunder, it shall not discriminate in the treatment or employment of
any individual or group of individuals on any basis prohibited by law.IF ANY CLAIM ARISES FROM
AN ALLEGED VIOLATION OF THIS NON-DISCRIMINATION COVENANT BY VENDOR,
ITS PERSONAL REPRESENTATIVES, ASSIGNS, SUBVENDORSS OR SUCCESSORS IN
INTEREST, VENDOR AGREES TO ASSUME SUCH LIABILITY AND TO INDEMNIFY AND
DEFEND CITY AND HOLD CITY HARMLESS FROMSUCHCLAIM.
10. 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 VENDOR:
City of Fort Worth Siddons-Martin Emergency Group.
Attn:Valerie Washington,
Assistant City Manager
200 Texas Street _Facsimile:
Fort Worth,TX 76102-6314
Facsimile:(S 17)392-8654 3 �q�i errs y
With copy to Fort Worth City Attorney's Office at [Aoo`z,", T Y -77a73
same address E,U�-/r�,�/• /f�-�C?�71Z%77�i ri
Vendor Services Agreement Page 6 of
City Secretary Contract No.
II. Solicitation of Employees. Neither City nor Vendor shall, uring the term of this
Agreement and additionally for a period of one year after its termination, solicit for employment or
employ,whether as employee or independent contractor,any person who is or has been employed by the
other during the term of this Agreement, without the prior written consent of the person's employer.
Notwithstanding the foregoing,this provision shall not apply to an employee of either party who responds
to a general solicitation of advertisement of employment by either party.
12. Governmental Powers. It is understood and agreed that by execution of this Agreement,
City does not waive or surrender any of its governmental powersor immunities.
13. No Waiver.The failure of City or Vendor to insist upon the performance of any term or
provision of this Agreement or to exercise any right granted herein shall not constitute a waiver of City's
or Vendor's respective right to insist upon appropriate performance or to assert any such right on any
futureoccasion.
14. Governing Law / Venue. This Agreement shall be construed in accordance with the
laws of the State of Texas. If any action,whether real or asserted,at Iaw or in equity, is brought pursuant
to this Agreement, venue for such action shall lie in state courts located in Tarrant County,Texas or the
United States District Court for the Northern District of Texas,Fort Worth Division.
15. Severab itv. 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 orimpaired.
16. Force Majeure. City and Vendor shall exercise their best efforts to meet their respective
duties and obligations as set forth in this Agreement,but shall not be held liable for any delay or omission
in performance due to force majeure or other causes beyond their reasonable control, including, but not
limited to, compliance with any government law, ordinance or regulation, acts of God, acts of the public
enemy, fires, strikes, lockouts, natural disasters, wars, riots, material or labor restrictions by any
governmental authority,transportation problems and/or any other similar causes.
17. Headings not controlling. Headings and titles used in this Agreement are for reference
purposes only, shall not be deemed a part of this Agreement, and are not intended to define or limit the
scope of any provision ofthisAgreement.
18. Review of_Counsel. The parties acknowledge that each party and its counsel have
reviewed and revised this Agreement and that the normal rules of construction to the effect that any
ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this
Agreement or Exhibits A,B,andC.
19. Amendments /Modifications I 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 eachparty.
20. Entirely of Agreement. This Agreement, including Exhibits A, B and C, contains the
entire understanding and agreement between City and Vendor,their assigns and successors in interest, as
to the matters contained herein. Any prior or contemporaneous oral or written agreement is hereby
declared null and void to the extent in conflict with any provision of thisAgreement.
Vendor Services Agreement Page 7 of
City Secretary Contract No.
21. Counternarts. This Agreement may be executed in one or more counterparts and each
counterpart shall, for all purposes, be deemed an original, but all such counterparts shall together
constitute one and the same instrument.
22. Warranil of Services. Vendor warrants that its services will be of a high quality and
conform to generally prevailing industry standards. City must give written notice of any breach of this
warranty within thirty(30)days from the date that the services are completed. In such event,at Vendor's
option,Vendor shall either(a)use commercially reasonable efforts to re-perform the services in a manner
that conforms to the warranty, or (b) refund the fees paid by City to Vendor for the nonconforming
services.
23. Immigration Nationafily Act. Vendor shall verify the identity and employment
eligibility of its employees who perform work under this Agreement, including completing the
Employment Eligibility Verification Form (I-9). Upon request by City, Vendor shall provide City with
copies of all 1-9 forms and supporting eligibility documentation for each employee who performs work
under this Agreement. Vendor sha11 adhere to all Federal and State laws as well as establish appropriate
procedures and controls so that no services will be performed by any Vendor employee who is not legally
eligible to perform such services. VENDOR SHALL INDEMNIFY CITY AND HOLD CITY
HARMLESS FROM ANY PENALTIES,LIABILITIES,OR LOSSES DUE TO VIOLATIONS OF
THIS PARAGRAPH BY VENDOR,VENDOR'S EMPLOYEES,SUBCONTRACTORS,AGENTS,
OR LICENSEES.City,upon written notice to Vendor,shall have the right to immediately terminate this
Agreement for violations of this provision byVendor.
24. Ownershin_of_Work_Product-City shall be the sole and exclusive owner of all reports,
work papers, procedures, guides, and documentation, created, published, displayed, and/or produced in
conjunction with the services provided under this Agreement(collectively,"Work Product").Further,City
shall be the sole and exclusive owner of all copyright,patent,trademark,trade secret and other proprietary
rights in and to the Work Product.Ownership of the Work Product shall inure to the benefit of City from
the date of conception, creation or fixation of the Work Product in a tangible medium of expression
(whichever occurs first). Each copyrightable aspect of the Work Product shall be considered a "work-
made-for-hire" within the meaning of the Copyright Act of 1976, as amended. If and to the extent such
Work Product, or any part thereof, is not considered a "work-made-for-hire" within the meaning of the
Copyright Act of 1976,as amended,Vendor hereby expressly assigns to City all exclusive right,title and
interest in and to the Work Product, and all copies thereof,and in and to the copyright,patent,trademark,
trade secret, and all other proprietary rights therein, that City may have or obtain, without further
consideration,free from any claim,lien for balance due,or rights of retention thereto on the part of City.
25. Signature Author*ly The person signing this Agreement hereby warrants that he/she
has the legal authority to execute this Agreement on behalf of the respective party, and that such binding
authority has been granted by proper order,resolution,ordinance or other authorization of the entity.This
Agreement and any amendment hereto, may be executed by any authorized representative of Vendor
whose name, title and signature is affixed on the Verification of Signature Authority Form, which is
attached hereto as Exhibit"C".Each party is fully entitled to rely on these warranties and representations
in entering into this Agreement or any amendment hereto.
Vendor Services Agreement Page 8 of
City Secretary Contract No.
26. Change in ComRany Name or OwIlgahin. Vendor 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 president of Vendor or authorized official must sign the letter. A letter
indicating changes in a company name or ownership must be accompanied with supporting legal
documentation such as an updated W-9,documents filed with the state indicating such change,copy of the
board of director's resolution approving the action, or an executed merger or acquisition agreement.
Failure to provide the specified documentation so may adversely impact future invoice payments.
27. No Bovcatt of Israel.If Vendor has fewer than 10 employees or this Agreement is for
less than $100,000,this section does not apply. Vendor acknowledges that in accordance with Chapter
2270 of the Texas Government Code,the City is prohibited from entering into a contract with a company
for goods or services unless the contract contains a written verification from the company that it:(1)does
not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott
Israel" and "company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas
Government Code. By signing this contract, Vendor certifies that Vendor's signature provides
written verification to the City that Vendor: (1) does not boycott Israel; and (2) will not boycott
Israel during the term of the contract.
IN WITNESS WHEREOF,the parties hereto have executed this Agreement in multiples.
(signature page follows)
Vendor Services Agreement Page 9 of
ACCEPTED AND
AGREED:CITY OF FORT
WORTH:
CONTRACT COMPLIANCE MANAGER
By signing I acknowledge that I am the person
41-11-3 responsible for the monitoring and administration of this
By: Valerie Washin¢ton(Mar 16 2020)
contract,including ensuring all performance and
Name: Valerie Washington on
reporting requirements.
Title: Assistant City Manager
Mar 18,2020
Date: By:Robert arton(Ma,18,2020)
Name: Robert Barton
APPROVAL RECOMMENDED: Title: Fire Deputy Chief
-7—, j y f APPROVED AS TO FORM AND LEGALITY:
B.,lames Davis(Mar 18,2020)
l7 Name: James D.Davis Chy, �y Auwy 4g,
Tide: Fire Chief ChristopherA stria(Mar 18,2020)
_ By: - - -
Name: Christopher Austria
ATTEST: Title: Assistant CityAttorney
CON T RAC T AUTriO IZA- ION`
T M&C: 20-0134 L3 o3/�a o
By: Mary J.K 7 r(M ,2020) Ar
Name: Mary J.Kays ,
Title: City S
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C.�
,�r�• � fir,
VENDOR: `
ATTEST-
By: By: _
Nam, r ZAC Name: J n is
Title: %mac S�r�vrfG/1J�r�9 � Title:
Date:
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Adjust and align TAK-4 and rear suspension
Ins e� ct engine fuel lines
Inspect cab for stress cracks
Perform numgfUnctaollal test
JIL aerial certiflcation for funetlon and operation inspection
fzranhic.
Install grWgd,hand reflective stri ing on following areas
• front bumper
cab front sheet
driysfs cab door
driver cab dogr.=
The foliow�ng areas will be metal finished.sanded,primed.Qainted and buffed
Divers side_cab_door.
_ Front bummer
_ Cab font sheet
Driver side cab step well
Road test
fash.clean un.and touch nn
The Fort Worth aerial will be Flatbed tfahspgrWtjpq.j%all bg n=idgd from Fort Worth.TX to
Total estimated labor:353.5 hours n S127.00 ner_hour
Total estimated material
Total sublet
EXHIBIT B
PRICE SCHEDULE
Quote Follows
Oshkosh Car pmV9n Ga ssiflcatlon-Restricted
MIDWEST SERVICE&REPAIR CENTER
ESTIMATE
DEALER CUSTOMER ADDRESS PIERCE CONTACT
Siddons-Martin Fort Worth FD 2920 West Bolt St Al Bousbley
Fort Wart TX
NO.UNITS I ESTIMATE DATE BODY MODEL CIIASSIS REF.JOB NO. START DATE
1 10-23-19 Aerial 107' velocity 33300TR
ACCIDENT REPAIR OF. ONE(1)Pierce Velocity 107'ASL
VI N#4P I BCAGFXKA020650
Labor
Item Item Description Material airs. QtY Sublet
1 Remove and re lace front bumper extension $1,231.00 8
2 Remove and replace the one(1)piece bumper manufactured from 0.25"formed $1,656.00 3
steel with a 0.38"bend radius
3 Remove and replace the two(2)driver side front bumper extension Whelen M6 $481.00 2
watming lights
4 Remove and reinstall Federal Q28,air homs,speakers,passenger side front $35.00 4
discharge piping,center tray and passenger side lower warning lights.
5 Remove and reinstall driver/passenger side head lights,turn signals,front $35.00 5
warning lights,grille surround and hood
6 Remove and replace front cab fiberglass surround $2,003.00 8
7 Remove and replace driver side cab door $3,054.00 6
8 Remove 1 reinstall passenger side cab door for surround replacement ----- 3
9 Remove and replace driver side cab doorstep housing $452.00 9
10 Remove and replace driver side cab doorstep insert $121.00 l
11 Remove and replace driver side cab Romeo mirror $697.00 2
12 Remove and replace driver side stainless-steel fenderette $376.00 1
13 Remove and replace driver side crew cab doorstep insert. $121.00 1
14 remove and replace driver side cab lift cylinder $512.00 2
Page I of 3
❑r aA Corporation Classification-Restricted
15 Remove and replace driver 1 passenger front frame extensions $596.00 15
16 Remove and replace front frame crossmember $ 167.00 1
17 Remove and replace radiator fan shroud $196.00 1
18 Remove 1 install and inspect radiator for damage $135.00 5
19 Remove 1 reinstall electrical,coolant and Air Conditioning components for Cab $120 00 72
removal from the chassis
20 Remove and replace steering miter box $323.00 2
21 Remove and replace lower steering shaft $275.00 1
22 Remove and replace driver side lower Air conditioning lines.Recharge system to $536.00 3
proper OEM specs.
Remove and replace the following seat belts and retractors seating positions.
• Driver's seat.
23 • Officer seat $3,120.00 6
• Passenger side crew cab rear facing
• Driver side crew cab rear facing
24 Remove and replace engine turbo $2,342.00 3
25 Remove and replace transmission bell housing.Transmission will be dyne tested $2,907 00 35
for proper operation and shifling.
26 Transmission will be dyne tested for proper operation and shifting. 2,342.00
27 Remove and replace driver side front discharge piping $463.00 12
28 Remove and rep lace rear cab lock downs $341.00 3
29 Engine will be dyno tested for proper operation and function $120.00 8
30 Inspect driver side front cab wiring harnesses{Open accident damage) $65.00 4
M Remove and replace engine motor and transmission mounts $135.00 6
Remove and replace 500-gal water tank matching original design and material.
32 $35.00 16 $I0,568.00
Water tank will lose its lifetime warranty due to the accident
Tow the chassis to frame shop
33 Check frame for diamond,twist,and sidesway--repair as required — $5,800.00
Scribe rear wheels and check axle
Adjust and align TAIL-4 and rear suspension
34 inspect engine fuel lines ---- 5
35 inspect cab for stress cracks --- I
Page 2 of 3
Oshkosh Corporation Cla uiffc tlon-Restrdded
36 Perform pump functional test $120.00 5
37 UL aerial certification for function and operation inspection --- $2,272.00
Graphic,
Install graphics and reflective striping on following areas
38 front bumper $515.00 9
■ cab front sheet
• drivers cab door
■ driver cab door seal
The following areas will be metal finished,sanded,primed,painted and buffed
■ Drivers side cab door.
39 ■ Front bumper $420.00 76
■ Cab front sheet
■ Driver side cab step well
40 Road test 1 $75.00 4
41 Wash,clean up,and touch up $ 120.00 10
42 The Fort Worth aerial will be Flatbed transportation will be provided from Fort _ ..__ $12,399.00
Worth,TX to We amve a,Wi and back
TOTALS $26,242.00 353.5 $3I,039.00
Total estimated labor:353.5 hours @$127.00 per hour $44,894.00
Total estimated material $26,242.00
Total sublet $31,039.00
TOTAL ESTIMATE $102,175.00
NOTE:This is an estimate and not a formal quotation due to the possibility of unknown hidden damage.Should actual work costs
exceed this estimate,the purchaser shall be contacted for approval prior to work continuing.Actual(true),not estimated,costs shall he
reflected in the invoice.All estimates are valid for 60 days.Estimate does not include any special shipping charges unless otherwise
noted,will be added to invoice.Purchase Order or written approval required ors all orders.Met-30 days terms.Pick-up/delivery not
included unless otherwise noted. All applicable Pierce structural and paint warranties will he reinstated.
Page 3 of 3
EXHIBIT D
Seller's Sole Source Justification
I
PIERCE MANUFACTURING INC
A&ICLWXOS71-MUCArCV;ZPDXAnoNCOMPAW-;-130
I
2600 AMERICAN DRIVE
POSTOFFICEBOX2017
APPLETON,WISCONSIN 54912-2017
920-832-3000 FAX 920-832-3208
i
I
I
I
January 24, 2019
To whom it may concern,
Since 1917, Pierce Manufacturing has provided the finest fire apparatus in the industry. The quality of f
our products and services are our number one priority. 4 fl
In order to provide you with the personalized level of service you deserve, Pierce Manufacturing has
established a widespread network of authorized dealers throughout the country. Siddons Martin �
Emergency Group LLC 1 Global ARFF is the authorized dealership in Texas, New Mexico and
Louisiana supporting the Pierce fire apparatus product line. They are the sole source for parts and
warranty service in this area accordingly and are extremely qualified to provide you with the service
you have come to expect.
Siddons Martin Emergency Group LLC/Global ARFF is also the authorized sole source parts
distributor for aftermarket service and support for the Oshkosh Airport product line within Texas, New
Mexico, Arizona, Louisiana, Oklahoma, and Southern Nevada.
Please contact them directly for any requests concerning both product lines. Siddons Martin
Emergency Group LLC 1 Global ARFFcan provide you parts and labor for any of these apparatus at
the quality youdeserve.
Regards,
"i -
Sr. Customer Support Manager
Pierce Apparatus and Airport Products
Pierce Manufacturing, Inc.
An Oshkosh Corporation Company* ISO Certified
a sH
EXHIBIT E
SOLE SOURCE PROCUREMENT
JUSTIFICATON
FORT WORTH
CITY OF FORT WORTH
CHAPTER 252 EXEMPTION FORM
This form must be l2rovided when re guesting to make a purchase over$50,000 without followin
public bidding requirements.
Instructions:Fill out the entire Form with detailed information. Once you have completed this
form,provide it to the Purchasing attorney for review.The attorney will review the information
you have provided and determine whether using an exemption to Chapter 252's biding
requirements would be defensible.If you are printing this form to provide to Legal, please do not
provide the Primer portion.Failure to provide sufficient information may result in follow up
questions and cause a delay in the attorney's determination.
Section I:General Information
Requesting Department: Fire Department
Name of Contract Manager: Asst. Fire DirectorMark Rauscher
Department's Attorney: Christopher Austria
Item or Service sought: Siddons Martin ER group to do work on Q16 Truck inspection Repair after
Accident. _
Vendor: Siddons Martin E
Current Agreement for item/service:Yes No X
CSC#:
How will this item or service be used:
Section 2:Exemption Justification
Please indicate which exemption you believe apnlies to the urchase and provide information to
sugport its aRplicabilily.Please refer to the Exeml2tion Primer for detailed information about
common exemptions.
a procurement made because of a public calamity that requires the immediate appropriation
of money to relieve the necessity of the municipality's residents or to preserve the property of the
municipality,
Page 1 of
X a procurement necessary to preserve or protect the public health or safety ofthe
municipality's residents;
X a procurement necessary because of unforeseen damage to public machinery,equipment,
or other property;
a procurement for personal,professional,or planning services;
a procurement for work that is performed and paid for by the day as the work progresses;
A purchase of land or a right-of-way;
X a procurement of items that are available from only one source,including:
a purchase of rare books,papers,and other library materials for a public library;
paving drainage, street widening,and other public improvements,or related matters,if at
Ieast one-third of the cost is to be paid by or through special assessments levied on property
that will benefit from the improvements;
a public improvement project,already in progress,authorized by the voters of the
municipality, for which there is a deficiency of funds for completing the project in
accordance with the plans and purposes authorized by the voters;
a payment under a contract by which a developer participates in the construction of public
improvement as provided by Subchapter C,Chapter212;
personal property sold:
(A) at an auction by a state licensed auctioneer;
(B) at a going out of business sale held in compliance with Subchapter F,Chapter 17,
Business&Commerce Code;
(C) by a political subdivision of this state, a state agency of this state,or an entity of
the federal government;or
(D) under an interlocal contract for cooperative purchasing administered by a
regional planning commission established under Chapter 391;
Services performed by blind or severely disabled persons;
Goods purchased by a municipality for subsequent retail sale by the municipality;
EIectricity;or
Advertising,other than legal notices.
Please provide details and facts to explain why you believe the exemption a lies to the
purchase. You may also attach documentation to this form.
Q16 was in an accident on 10/16/19. This was one of the new Pierce Trucks that had been in
service for only 2 weeks.There is body and mechanical damage to the truck.Besides the body damage to
the quint, it also has a cracked bell housing on the transmission, a throw fan belt, possible fan shroud
damage,and the turbo hit the frame rail.The Fire Department would like to request authorization to have
Siddons-Martin ER Group do the repair work to the truck. Siddons Martin is the authorized dealership in
Texas, New Mexico and Louisiana supporting the Pierce fire apparatus product line. They are also the
Sole Source for parts and warranty service in this area. In order to ensure there is no warranty
complication,we feel it would be in the best interest for the Sole Source dealer to complete the work.
Page 2 of
Section 3: Attorney Determination
With the facts provided by the department, is the use of the claimed exemption defensible if
the City were to be challenged on this purchase?—Yes or No
Was there anything not included on this form or attached hereto that was relied on in making this
determination? Yes or No
If yes,please explain:
�a1
Page 3 of
3/23/2020 M&C Review
CITY COUNCIL AGENDA FORT II
DATE: 3/3/2020 REFERENCE **M&C 20- LOG NAME: 36SS SIDDONS-MARTIN
NO.: 0134 APPARATUS REPAIR
CODE: C TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: Authorize Sole Source Agreement with Siddons Martin ER Group, LLC for Repair of Fire
Apparatus Damaged in a Motor Vehicle Accident (ALL COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council authorize the sole source purchase of repair services in an
amount not to exceed $130,000.00 from Siddons Martin ER Group, LLC for Quint 16, fire apparatus
assigned to Fire Station 16 and manufactured by Pierce Manufacturing, Inc.
DISCUSSION:
While responding to a call for service on October 16, 2019, fire apparatus Quint 16, assigned to
Station 16 located at 5933 Geddes Avenue, was struck by a motorist who failed to stop at a traffic
light. Damage incurred in this accident has rendered the apparatus inoperable. This damage
occurred within the first month of service for this equipment and within the warranty term. To prevent
the warranty coverage being void, Quint 16 should be returned to Pierce Manufacturing for repair
service through their authorized dealer, Siddons Martin ER Group, LLC (Siddons Martin).
Siddons Martin is the authorized dealership in Texas, New Mexico, and Louisiana supporting the
Pierce fire apparatus product line and the sole source for parts and warranty service in this area.
Repair costs were estimated at $102,175.00 by Siddons Martin; however, final costs will not be
known until Pierce Manufacturing is able to verify the full extent of damages. Costs are not estimated
to exceed $130,000.00.
The repairs will be funded by the Risk Management Fund, and recoveries pursued.
BID ADVERTISEMENT -This procurement is exempt from the competitive bidding requirements as
provided for under Section 252.022(7)(A) of the Texas Local Government Code because Siddons
Martin ER Group, LLC is the sole provider of parts and warranty service for the Pierce fire apparatus
product line.
ADMINISTRATIVE CHANGE ORDER -An administrative change order or increase may be made by
the City Manager up to the amount allowed by relevant law and the Fort Worth City Code and does
not require specific City Council approval as long as sufficient funds have been appropriated.
M/WBE OFFICE - A waiver of the goal for MBE/SBE subcontracting requirements was requested by
the Department and approved by the OBD, in accordance with the MWBE or DBE Ordinance,
because the MWBE Waiver is based on the sole source information provided to the MWBE Office by
the managing department's project manager.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that upon approval of the above recommendation and award of the
contract, funds are available in the current operating budget, as appropriated, in the Risk
Management Fund. Prior to any expenditure being incurred, the Risk Management Department has
the responsibility to validate the availability of funds.
TO
Fund Department Account Project Program I Activity I Budget Reference# I Amount
ID ID Year Chartfield 2
FROM
a pps.cfwnet.org/cou ncil_packet/mc_review.asp?I D=27703&cou ncildate=3/3/2020 1/2
3/23/2020 M&C Review
F R6Ahd Department Account Project Program Activity Budget Reference# Amount
ID ID Year Chartfield 2
Fund Department Account Project Program Activity Budget Reference# Amount
— l Year a fie
Submitted for City Manager's Office by_ Valerie Washington (6199)
Originating Department Head: Jim Davis (6801)
Additional Information Contact: Mark Rauscher (6803)
ATTACHMENTS
apps.cfwnet.org/council_packet/mc_review.asp?ID=27703&councildate=3/3/2020 2/2