HomeMy WebLinkAboutContract 53786 CITYSECRETARY
�aQ�.9 v t� JTRACT NO. 3 U 0
Co G
RENTAL AGREEMENT BETWEEN THE CITY OF FORT WORTH AND UNITED
RECREATION &MOBILE HOME CENTER, INC.,DOING BUSINESS AS UNITED RV
CENTER FOR THE RENTAL OF RECREATIONAL VEHICLES AND RELATED
SERVICES FOR ISOLATION EMERGENCY OVERFLOW SHELTER
This AGREEMENT is for the rental of travel recreational vehicles("Trailers")and related
services that will be used as isolation and quarantine overflow shelter("Agreement") and is made
and entered into by and between the CITY OF FORT WORTH, a Texas home rule municipality
("City"), and United Recreation & Mobile Home Center, Inc., dba United RV Center
("Vendor"). City and Vendor are referred to individually as a"Party"and sometimes collectively
referred to as the "Parties."
RECITALS:
1. WHEREAS,the United States of America, the State of Texas,Tarrant County,and the City
of Fort Worth have all declared a state of emergency due to the recent coronavirus
pandemic ("COVID-19");
2. WHEREAS, the Center for Disease Control has issued guidance to help prevent the spread
of COVID-19, including social distancing of at least six feet;
3. WHEREAS, due to social distancing requirements, emergency shelters do not have the
capacity to house people who are experiencing homelessness;
4. WHEREAS, City is committed to protecting the health, wellbeing, and life safety of City
residents who are homeless during times of emergency, such as the COVID-19 pandemic,
when community-based emergency shelters have reached full capacity;
5. WHEREAS, City has opened an emergency overflow shelter at the Fort Worth Convention
Center ("Shelter") to increase the number of shelter beds available to homeless residents
during this emergency;
6. WHEREAS, some people will be symptomatic and need to be isolated or quarantined, so
the City has opened an isolation area in the emergency overflow shelter; and
7. WHEREAS, Vendor can provide Trailers to be used as isolation and quarantine facilities
for the overflow emergency shelter during the COVID-19 pandemic.
NOW THEREFORE, the Parties for the mutual consideration included herein agree to enter into
the following Agreement.
AGREEMENT DOCUMENTS:
The Agreement documents shall include the following:
1. This Agreement for the rental of Trailers for isolation emergency overt] strcitc>s �
OFFICIAL RECORD
CITY SECRETARY
FT WORTH,T
2. Exhibit"A"—Vendor's Services and Charges;
3. Exhibit"B"—Certificate of Insurance
4. Exhibit"C"—FEMA Mandated Contract Clauses
Exhibit "A","B", and "C"which are attached hereto and incorporated herein, is made a part of
this Agreement for all purposes. In the event of any conflict between the terms and conditions of
Exhibit"A", "B", and "C" and the terms and conditions set forth in the body of this Agreement,
the terms and conditions of this Agreement shall control.
1. SCOPE OF SERVICES.
Vendor shall provide City with Trailers and related services, as more specifically
described in the Exhibit A,to be used as isolation emergency overflow shelter. Vendor shall drop
off Trailers at locations designated by the City in writing prior to delivery ("shelter") within 24
hours of the request by City for the Trailer. Vendor shall perform sewage and wastewater pumping
as agreed upon between City and Vendor based on usage but in no event any less frequently than
once every four days for each Trailer rented by City, unless City notifies Vendor in writing that
the Trailer has not been occupied within the last 24 hours or does not require pumping services, in
which case Vendor is not required to perform pumping services on that Trailer. Vendor shall also
provide perimeter fencing to surround the Trailers at each of the Shelter locations,wrap mattresses
and other porous surfaces in plastic, provide laundry services, and perform final cleaning and
decontamination services when the Trailers are picked up by Vendor. Upon expiration or
termination of this Agreement, Vendor shall pick up the Trailers from the Shelter within 72 hours
of the request by City, or as otherwise agreed in writing between the Parties.
2. TERM.
This Agreement shall begin on March 20, 2020 ("Effective Date") and shall expire
immediately at the time the shelter is closed by the City or immediately upon written notice by the
City, whichever is earlier. Execution of this Agreement after the Effective Date shall have no
bearing on the enforceability of the Agreement.
3. COMPENSATION.
3.1 City shall pay Vendor in accordance with the provisions of this Agreement. Vendor
shall not bill for expenses not specified by this Agreement unless City requests and approves in
writing the additional costs for such services. City shall not be liable for any additional expenses
of Vendor not specified by this Agreement unless City first approves such expenses in writing.
3.2 City will pay a flat, daily rate per Trailer, in accordance with Exhibit "A" of the
Agreement (a day is defined as a calendar day for the purposes of this Agreement) that the City is
in possession of the Trailer. This amount shall include Vendor's costs in connection with this
Agreement for commissioning the Trailer (preparation, travel, and drop off at the shelter),
decommissioning(pick up from the shelter and related work),including staff costs, administrative
costs,and supply costs. Services provided by Vendor such as sewage pumping,perimeter fencing,
cleaning services, and wrapping porous surfaces shall be payable at the amounts Iisted in Exhibit
A of this Agreement. City will pay a percentage-based daily rate per trailer to reserve Trailers that
may be needed for future isolation needs,as more specifically described in Exhibit A. The amount
in this Section 3.2 shall be referred to herein as the "Payment".
3.3 City will pay for forty-eight additional hours following the City's notice to Vendor
to pick up a specific trailer or notice of the expiration or termination of this Agreement or through
the date certain included in the notice of termination, whichever is longer. If the Trailer was
occupied by an individual who was diagnosed as COVID-19 positive, then City shall pay Vendor
for twenty-four additional hours (total of seventy-two hours) after providing notice to Vendor to
either pick up the Trailer or of the termination or expiration of this Agreement or through the date
certain included in the notice of termination,whichever is longer,so long as the Trailer was vacant
for at least forty-eight hours prior to the pick-up time.
3A The Vendor will submit all invoices for Payment to the City on a bi-weekly basis.
City will pay Vendor within 5 days of receiving a correct and accurate invoice for the rentals. In
the event that City has pre-paid for any days or services under this Agreement and the City
terminates this Agreement or requests that the Trailer be picked up prior to the prepaid date or to
release the reservation on the Trailer, Vendor shall refund the City within thirty days the amount
that City pre-paid but did not use the Trailer. By way of example, if City prepaid for a Trailer
through the April 15, 2020, but requested on April 9, 2020, that Vendor pick up the Trailer that
had not occupied a COVID-19 positive person as of April 10, 2020,then Vendor would refund the
City the daily rental rate for each day beginning on April 12,2020, and ending on the last day that
was prepaid, April 15, 2020. If the Trailer in the above example had been occupied by an
individual who was COVID-19 positive, then the Vendor would refund the City as of April 13
instead of April 12.
3.5 Damages to the Trailers. City shall not be liable for any normal wear and tear
damages to the Trailers or for any damages that were made prior to the City's acceptance of the
Trailer. In the event the Trailer is damaged beyond that of normal wear and tear, City shall
promptly notify Vendor of such damage. If the damage makes the Trailer no longer suitable for its
intended purpose,then Vendor shall replace the Trailer with a different Trailer,if available,within
twenty-four hours. City will be responsible for any damages to the Trailers while the Trailers are
in the City's custody except for damages caused by Vendor or any subcontractor of Vendor or
damage that is caused by weather, including wind, hail, rain, tornado; riot or civil unrest; or other
similar cause. The City shall not be charged an amount for any damages in excess of the deductible
amount included in the Vendor's insurance policy at the time of execution of this Agreement,
which is $5,000 per unit. If damages to the trailer will exceed the deductible amount in the
Vendor's insurance policy, then Vendor must make a claim on its insurance and City will only be
responsible for the payment of the deductible amount.
4. TERMINATION.
Written Notice. City may terminate this Agreement at any time and for any reason by
providing Vendor with written notice of termination. The termination shall be immediate upon
notice or on a date certain, if the City includes a specific date of termination in its written notice.
Vendor may terminate this Agreement at any time and for any reason by providing City 60 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 last day of the fiscal period for which
appropriations were received without penalty or expense to City of any kind whatsoever, except
as to the portions of the payments herein agreed upon for which funds have been appropriated.
4.3 Duties and Obligations of the Parties. In the event that this Agreement is terminated as of
a future date certain, City shall pay Vendor for services actually rendered and completed 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.
5. DISCLOSURE OF CONFLICTS.
Vendor hereby represents and 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 to make full disclosure of such conflict of interest to City
immediately in writing.
6. RIGHT TO AUDIT.
Vendor agrees that City shall, until the expiration of 7 years after final payment under this
Agreement, or the final conclusion of any audit commenced during the said 7 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.
This provision shall survive the expiration or termination of this Agreement.
7. LIABILITY AND INDEMNIFICATION.
7.1 LIABILITY - 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 OR EMPLOYEES.
7.2 INDEMNIFICATION - VENDOR HEREBY COVENANTS AND AGREES
TO INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY (ALSO
REFERRED TO AS 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) PERSONAL INJURY,
INCLUDING DEATH, TO ANY AND ALL PERSONS, AND DAMAGES
FOR CLAIMS' OF INTELLECTUAL PROPERTY INFRINGEMENT,
ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT,TO
THE EXTENT CAUSED BY THE ACTS OR OMISSIONS OF VENDOR,
ITS OFFICERS, AGENTS, SUBCONTRACTORS, SERVANTS OR
EMPLOYEES.
7.3 THE VENDOR'S INDEMNIFICATION OBLIGATIONS UNDER THIS
PROVISION WILL SURVIVE THE TERMINATION AND/OR
EXPIRATION OF THIS AGREEMENT,
8. ASSIGNMENT AND SUBCONTRACTING.
8.1 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 of the assignment.
8.2 Subcontract, If City grants consent to a subcontract, subcontractor shall execute a
written agreement with Vendor referencing this Agreement under which subcontractor 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. City hereby allows Vendor to enter into subcontracts for the purpose of providing
perimeter fencing around the Trailers, laundry services, final cleaning services, and for sewage
and refuse pumping.
10. INSURANCE.
Vendor shall maintain at all times during the term of this Agreement the types and amounts
of insurance that are included in the certificate of insurance in Exhibit B.
10.1 General Requirements
(a) The commercial general liability and automobile liability policies shalt
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 INTaiver of Subrogation
(Right of Recovery)in favor of City.
(c) A minimum of 30 days' notice of cancellation or reduction in limits of
coverage shall be provided to City. Ten days' notice shall be acceptable in
the event of non-payment of premium. Notice shall be sent to City as
provided in the Notice section of this Agreement.
(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.
(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.
11. COMPLIANCE WITH LAWS, ORDINANCES, RULES AND REGULATIONS.
Vendor agrees that in the performance of its obligations hereunder,it shall comply with all
applicable federal, state and local laws, ordinances, rules and regulations and that any work it
produces in connection with this Agreement will also comply with all applicable federal, state and
local laws, ordinances,rules and regulations. If City notifies Vendor of any violation of such laws,
ordinances, rules or regulations, Vendor shall immediately desist from and correct the violation.
12. NON-DISCRIMINATION COVENANT.
Vendor, for itself, its personal representatives, assigns, 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 Or THIS NON-DISCRIMINATION COVENANT BY VENDOR,
ITS PERSONAL REPRESENTATIVES, ASSIGNS, SUB VENDORS OR SUCCESSORS
IN INTEREST, VENDOR AGREES TO ASSUME SUCH LIABILITY AND TO
INDEMNIFY AND DEFEND CITY AND HOLD CITY HARMLESS FROM SUCH
CLAIM.
This section shall survive the expiration or termination of this Agreement.
13. 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 by email with read receipt requested, or (3) received by the other Party by
United States Mail,registered,return receipt requested, addressed as follows:
To City: To Vendor:
Property Management Department
900 Monroe Street, Suite 400 United RV Center
Fort Worth,TX 76102-6314 Attn: Phil Bertram
Attn: Roger Venables 5100 Airport Freeway
Facsimile: (817) 392-7591 Fort Worth,Texas 76117
Roger.venabtesafortworthtexas.ggy Facsimile: (817)-834-7145
Phil@unitedrv.coni
City Attorney's Office
200 Texas Street
Fort Worth,TX 76102-6314
Facsimile: (817) 392-2235
14. WARRANTIES
14.1. PRICE WARRANTY
14,1.1. The price to be paid by City shall be that contained in Vendor's proposals which
Vendor warrants to be no higher than Vendor's current prices on orders by others for
products and services of the kind and specification covered by this agreement for similar
quantities under like conditions and methods of purchase. In the event Vendor breaches
this warranty,the prices of the items shall be reduced to the prices contained in Vendor's
proposals, or in the alternative upon City's option, City shall have the right to cancel this
contract without any liability to Vendor for breach or for Vendor's actual expense. Such
remedies are in addition to and not in lieu of any other remedies which City may have in
law or equity.
14,1.2. Vendor warrants that no person or selling agency has been employed or retained to
solicit or secure this contract upon an agreement or understanding for commission,
percentage, brokerage or contingent fee, excepting employees of an established
commercial or selling agency that is maintained by Vendor for the purpose of securing
business. For breach or violation of this warranty, City shall have the right, in addition to
any other right or rights arising pursuant to said purchase(s),to cancel this contract without
liability and to deduct from the contract price such commission percentage, brokerage or
contingent fee, or otherwise to recover the full amount thereof.
14.2 PRODUCT AND SERVICE WARRANTY
Vendor shall not limit or exclude any express or implied warranties and any attempt to-do
so shall render this contract voidable at the option of City.Vendor warrants that all services
performed in connection with this Agreement shall be in accordance with industry
standards and shall meet any legal requirements.
14,3. SAFETY WARRANTY
Vendor warrants that the product leased to City shall conform to the standards promulgated
by the U.S. Department of Labor under the Occupational Safety and Health Act (OSHA)
of 1970, as amended. In the event the product does not conform to OSHA standards, City
may return the product for correction or replacement at Vendor's expense. In the event
Vendor fails to make appropriate correction within a reasonable time,any correction made
by City will be at Vendor's expense. Where no correction is or can be made, Vendor shall
refund all monies received for such goods within thirty(30) days after request is made by
City in writing and received by Vendor. Notice is considered to have been received upon
hand delivery, or otherwise in accordance with Section 29.0 of these terms and conditions.
Failure to make such refund shall constitute breach and cause this contract to terminate
immediately
15. GOVERNMENTAL POWERS
It is understood and agreed that by execution of this Agreement, City does not waive or
surrender any of its governmental powers or immunities. By execution of this Agreement.
16. NO WAIVER.
The failure of City or Vendor to insist upon the performance of any term or provision of
this Agreement or to exercise any right granted herein shall not constitute a waiver of City's or
Vendor's respective right to insist upon appropriate performance or to assert any such right on any
future occasion.
17. GOVERNING LAW/VENUE.
This Agreement shall be construed in accordance with the laws of the State of Texas. If
any action, whether real or asserted, at law or in equity, is brought pursuant to this Agreement,
venue for such action shall lie in state courts located in Tarrant County,Texas or the United States
District Court for the Northern District of Texas,Fort Worth Division,
18. SEVERABILITY.
If any provision of this Agreement is held to be invalid, illegal or unenforceable, the
validity,legality and enforceability of the remaining provisions shall not in any way be affected or
impaired.
19. FORCE MAJEURE.
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. The Parties acknowledge that this Agreement is being entered into during a state of
emergency following the COVID-19 pandemic outbreak, The Parties agree that this provision
shall not apply to the COVID-19 pandemic outbreak unless a subsequent binding order is issued
by an entity with direct jurisdiction over Vendor or City that prohibits the continuation of the
services.
20. HEADINGS NOT CONTROLLING.
Headings and titles used in this Agreement are for reference purposes only, shall not be
deemed a part of this Agreement,and are not intended to define or limit the scope of any provision
of this Agreement.
21. REVIEW OF COUNSEL.
The Parties acknowledge that each Party and its counsel have reviewed and revised this
Agreement and that the normal rules of construction to the effect that any ambiguities are to be
resolved against the drafting party shall not be employed in the interpretation of this Agreement
or Exhibits "A", "B", and"C
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. ENTIRETY OF AGREEMENT.
I
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 this Agreement.
26. IMMIGRATION NATIONALITY ACT.
Vendor shall verify the identity and employment eligibility of its employees who perform
work under this Agreement, including completing the Employment Eligibility Verification Form
(I-9). Upon request by City,Vendor shall provide City with copies of all 1-9 forms and supporting
eligibility documentation for each employee who performs work under this Agreement. Vendor
shall 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 by Vendor.
27. CHANGE IN COMPANY NAME OR OWNERSHIP
Vendor shall notify City's Assistant City Manager, in writing, of a company name,
ownership, or address change for the purpose of maintaining updated city records. The chief
executive officer 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.
28. SIGNATURE AUTHORITY.
The person signing this Agreement hereby warrants that he/she has the legal authority to
execute this Agreement on behalf of the respective Party,and that such binding authority has been
granted by proper order,resolution,ordinance or other authorization of the entity. This Agreement
and any amendment hereto, may be executed by any authorized representative of Vendor. Each
Party is fully entitled to rely on these warranties and representations in entering into this
Agreement or any amendment hereto.
29. PROHIBITION ON CONTRACTING WITH COMPANIES THAT BOYCOTT
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.
30. CONFIDENTIAL INFORMATION
Vendor acknowledges that the City is a governmental entity and is subject to the Texas
Public Information Act ("Act"). By executing this agreement, Vendor acknowledges that this
agreement will be publicly available on the City's website, and Vendor is therefore waiving any
claim of confidentiality, whether based in statute or the common law, to any and all materials
contained as part of this agreement including all documents and information referenced herein or
attached hereto.
[SIGNATURE PAGE TO FOLLOW]
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement in multiple
originals on the date written below their respective signatures to be effective on the Effective Date.
ACCEPTED AND AGREED:
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, inchiding ensuring all performance and
By. Name: reporting requirements.
Title: Assistant City Manager
Date: O By:
Name: Roger Venables
APPROVAL RECOMMENDED: Title: Assistant Director PMD
APPROVED AS TO FORM AND LEGALITY:
By: J
Name: Roger Venables
Title: Assistant Director PMD By: Q- ! 4'zL Pz&
ame: Jo Ann Pate
ATTEST: Title: Assistant City Attorney
CONTRACT AUTHORIZATION:
M&C:
By: ... 1295:
Name: Mai . K ser
Title: City Secretary !�'��•�
S, 4
Vendor: �° ?• f
;AXTTEST:
By: Name: illiam H. White,JY By:
Title:President Name: I c2�y ,� U-)L p mk�
Title:
Date: � �� Zt�2U
OFFICIAL RECC'44''
CITY SECRETAR
FT. WORTH, T'�4'
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EXHIBIT"A"
Vendor's Services and Charges
Travel Trailer Rental Rates and Charges
1. $75 per day(up to 65 trailers) which includes all costs related to travel, delivery, set-up,
and removal.
2. $88 per day for additional trailers which includes all costs related to travel, delivery, set-
up, and removal
3. Any additional parts and accessary charges will be itemized and included with each
invoice with prior approval by City in writing.
Other Billed Services
1. Perimeter security fence installation at agreed upon price which will be agreed to in
writing.
2. Sewage pumping and disposal fee schedule, if required:
a. 3 times a week—$954.00 per trailer for each week
b. Emergency service Rate response within 4 hours of call (normal Business Hours)
—$318.00 per service per trailer+Additional $300.00 emergency call fee=
$618.00
c. Emergency Service Rate response within 4hours of call (After Business Hours)—
$318.00 per service per trailer+Additional $420.00 emergency call fee=
$738.00
d. Emergency Service Rate response within 4 hours of call(Weekend) - $318.00 per
service per trailer+$630.00 emergency call fee=$948.00
This is based on Business Hours lam—5pm,Monday—Friday. Pump Out frequency
can be adjusted and agreed upon between City and Vendor.
3. Trailer Preparation special requests:
a. Cover mattresses and other porous fabric with plastic for$250 per trailer.
4. Laundry Services:
a. Pick-up Charge: $50 per cart
b. Processing Rate: $8.00 per lb
c. Minimum weight: 10 lbs on all pick-ups
d. Frequency: Bi-weekly pickup and delivery schedule (I.e. Monday/Wednesday or
Tuesday/Thursday).
e. Turn-a-round time is 2 days on all orders.
5. Final Cleaning Service:
a. Once the City notifies Vendor that it will no longer use the Trailer Vendor will
provide cleaning and decontamination service for$450 per trailer. This service
shall only be performed if the Trailer was occupied while in the possession of the
City. City shall notify Vendor of any Trailers that were not occupied at the time
of pick-up.
Trailer Reservations
1. City may reserve additional Trailers that may be needed for fature use as follows:
a. Reservation fee shall be$22.00 per day, per Trailer(which is 25%of the rental
daily rental rate of$88).
b. Each reservation shall be for a default 2-week period, unless terminated earlier.
c. In the event a Trailer that was reserved is needed and is put into use, Vendor shall
credit any amount pre-paid for the reservation period toward the rental fees for the
Trailer. By way of example, if the City has twenty Trailers reserved and had
prepaid the reservation fee for the full fourteen days ($6,160) but requests that the
Trailers be put into use under this Agreement on day 7 of the reservation,Vendor
shall credit City $3,080 towards the rental amount of the Trailers.
EXHIBIT C
FEMA MANDATED CONTRACT CLAUSES
For purposes of the following clauses, the City of Fort Worth is referred to as "City" and
"Contractor" shall refer to the other party to this Agreement. If applicable to the work or services
being performed by Contractor under the Agreement, the following provisions are adopted and
form a part of the Agreement.
A. DAMAGES, 2 CFR §200.326 Appendix II to Part 200 (A)
(1) All work to be performed under this Agreement shall be timely commenced. A
breach of this Agreement by Contractor would cause substantial delay in the completion of the
required services affecting the safety and welfare of the public.
(2) In the event of Contractor's breach of its performance obligations, City shall have all
rights and remedies against Contractor as provided by law.
B. TERMINATION RIGHTS,2 CFR §200.326 Appendix II to Part 200 (B)
In addition to any termination rights included in the Agreement, City shall have the following
termination rights:
Termination for Convenience: Whenever the interests of the City so require, City may terminate
the parties' Agreement, in whole or in part, for the convenience of the City. City shall give
Contractor thirty (30) days prior written notice of termination specifying the portions of the
Agreement to be terminated and when such termination will become effective. If only portions of
the parties' agreement are terminated, Contractor has the right to withdraw from the parties'
Agreement, without adverse action or claims. In the event of a termination for convenience by
City, Contractor shall be entitled to payment for all work and services performed by it up to the
effective date of such termination.
Termination for Cause: The City may, by written notice of default to Contractor, terminate the
parties' Agreement, in whole or in part, if the Contractor fails to satisfactorily perform any
provisions of the parties' agreement after a period of ten (10) following Contractor's receipt of a
Notice of Deficiency provided by City.
C. EQUAL EMPLOYMENT OPPORTUNITY CLAUSE (2 CFR §200.326 Appendix II
to Part 200 (C))
If applicable to the work and services performed by Contractor under the Agreement, during the
performance of the Agreement, Contractor shall comply with the Equal Employment Opportunity
Clause(41 CFR 60-1.4(b)):
(1) Contractor will not discriminate against any employee or applicant for employment
because of race, color, religion, sex, or national origin. Contractor will take affirmative action to
ensure that applicants are employed, and that employees are treated during employment without
regard to their race, color, religion, sex, or national origin. Such action shall include, but not be
limited to the following: Employment, upgrading, demotion, or transfer; recruitment or
recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and
selection for training, including apprenticeship. Contractor agrees to post in conspicuous places,
available to employees and applicants for employment, notices to be provided setting forth the
provisions of this nondiscrimination clause.
(2) Contractor will, in all solicitations or advertisements for employees placed by or on
behalf of the Contractor, state that all qualified applicants will receive considerations for
employment without regard to race, color,religion, sex, or national origin.
(3) Contractor will send to each labor union or representative of workers with which it
has a collective bargaining agreement or other agreement or understanding, a notice to be provided
advising the said labor union or workers' representatives of the Contractor's commitments under
this section, and shall post copies of the notice in conspicuous places available to employees and
applicants for employment.
(4) Contractor will comply with all provisions of Executive Order 11246 of September
24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
(5) Contractor will furnish all information and reports required by Executive Order
11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor for
purpose of investigation to ascertain compliance with such rules, regulations, and orders.
(6) In the event of the Contractor's noncompliance with the nondiscrimination clauses
of this Agreement or with any of the said rules, regulations or orders, this Agreement may be
canceled, terminated, or suspended in whole or in part and the Contractor may be declared
ineligible for further City contracts or federally assisted construction contracts in accordance with
procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions
may be imposed and remedies invoked as provided in Executive Order 11246 of September 24,
1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
(7) Contractor will include the portion of the sentence immediately preceding
paragraph (1) and the provisions of subparagraphs 1 through 7 in every subcontract or purchase
order unless exempted by rules,regulations,or orders of the Secretary of Labor issued pursuant to
section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be
binding upon each subcontractor or contractor. contractor will take such action with respect to any
subcontract or purchase order as the administering agency may direct as a means of enforcing such
provisions,including sanctions for noncompliance:provided,however,that in the event contractor
becomes involved in, or is threatened with, litigation with a subcontractor or contractor as a result
of such direction by the administering agency the contractor may request the United States to enter
into such litigation to protect the interest of the United States.
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D. DAVIS-BACON ACT AND COPELAND "ANTI-KICKBACK" ACT (2 CFR
§200.326 Appendix II to Part 200 (D))
If applicable to the work and services performed by Contractor under the parties' Agreement:
(1) Bacon-Davis Act:Applicable to construction or repair of public buildings or public
works. See FEMA Public Assistance Program and Policy Guide,Ch.2 (V)(G)(2),page 32 and Ch.
(FP 104-009-2/January 2016);
(2) Copeland "Anti-Kickback" Act: In contracts subject to the Davis-Bacon Act,
Contractor shall comply with the Copeland "Anti-Kickback" Act (40 U.S.C. §3145), as
supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and
Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants
from the United States"). The Act provides that the contractor and subcontractor must be
prohibited from inducing,by any means,any person employed in the construction,completion, or
repair of public work, to give up any part of the compensation to which he or she is otherwise
entitled. The City must report all suspected or reported violations to the appropriate Federal
agency.
(a) Contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the
requirements of 29 C.F.R.pt. 3 as may be applicable, which are incorporated by reference into
this Agreement.
(b) Contractor or subcontractor shall insert in any subcontract the clause above
and such other clauses as FEMA may by appropriate instructions require, and also a clause
requiring the subcontractors to include these clauses in any lower tier subcontracts. The
Contractor shall be responsible for the compliance by any subcontractor or lower tier subcontract
with all of these contract clauses.
(c) A breach of the Agreement clause above may be grounds for termination
of the Agreement, and for debarment as a contractor and subcontractor as provided in 29 C.F.R.
§5.12.
E. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (2 CFR §200.326
Appendix II to Part 200 (E)) (40 U.S.C.3701-3708)
Contracts in excess of $100,000 that involve the employment of mechanics or laborers shall
comply with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29
CFR Part 5). Under 40 U.S.C. 3702 of the Act, each Contractor and its subcontractors shall
compute the wages of every mechanic and laborer on the basis of a standard work week of 40
hours. Work in excess of the standard work week is permissible provided that the worker is
compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked
in excess of 40 hours in the work week.
Overtime requirements. No contractor or subcontractor contracting for any part of the contract
work which may require or involve the employment of laborers or mechanics shall require or
permit any such laborer or mechanic in any workweek in which he or she is employed on such
work to work in excess of forty hours in such workweek unless such laborer or mechanic receives
compensation at a rate not less than one and one-halftimes the basic rate of pay for all hours worked
in excess of forty hours in such workweek.
(1) Violation: Iiability for unpaid wages; Iiquidated damages. In the event of any
violation of the clause set forth in this section the Contractor and any subcontractor responsible
therefor shall be liable for the unpaid wages, In addition, such Contractor and subcontractor shall
be liable to the United States(in the case of work done under contract for the District of Columbia
or a territory,to such District or to such territory),for liquidated damages.Such liquidated damages
shall be computed with respect to each individual laborer or mechanic, including watchmen and
guards, employed in violation of the clause set forth in this section, in the sum of$10 for each
calendar day on which such individual was required or permitted to work in excess of the standard
workweek of forty hours without payment of the overtime wages required by the clause set forth
in this section.
(2) Withholding for unpaid wages and liquidated damages. The City shall upon its own
action or upon written request of an authorized representative of the Department of Labor withhold
or cause to be withheld,from any moneys payable on account of work performed by the Contractor
or subcontractor under any such contract or any other Federal contract with the same prime
contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety
Standards Act,which is held by the same prime contractor, such sums as may be determined to be
necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and
liquidated damages as provided in the clause set forth in paragraph(2) of this section.
(3) The Contractor and subcontractor shall insert in any subcontract the clauses set
forth in paragraphs (I)through(4) of this section and also a clause requiring the subcontractors to
include these clauses in any lower tier subcontracts.
F. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT, 2
CFR§200.326 Appendix 11 to Part 200 (F)
If applicable to the work and services performed by Contractor under the parties' Agreement and
if the Federal award meets the definition of"funding agreement"under 37 CFR§401.2(a) and the
City wishes to enter into a contract with a small business firm or nonprofit organization regarding
the substitution of parties, assignment or performance of experimental,developmental,or research
work under that"funding agreement,"the City must comply with the requirements of 37 CFR Part
401, "Rights to Inventions Made by Nonprofit Organizations and Small Business."
G. CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT (2
CFR§200.326 Appendix II to Part 200 (G))
Contractor shall comply with all applicable standards, orders or regulations issued pursuant to the
Clean Air Act(42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act as amended
(33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the
Regional Office of the Environmental Protection Agency(EPA).
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Contractor shall include the foregoing requirements in each subcontract exceeding $100,000.
H. DEBARMENT AND SUSPENSION (2 CFR §200.326 Appendix II to Part 200 (I))
(1) This Agreement is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2
C.F.R. pt. 3000. As such, the Contractor is required to verify that none of the Contractor, its
principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are
excluded(defined at 2 C.F.R. § 180.940) or disqualified(defined at 2 C.F.R. § 180.935).
(2) The Contractor must comply with 2 C.F.R.pt. 180,subpart C and 2 C.F.R.pt.3000,
subpart C and must include a requirement to comply with these regulations in any lower tier
covered transaction it enters into.
(3) This certification is a material representation of fact relied upon by City.If it is later
determined that the Contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt.
3000, subpart C, in addition to remedies available to City, the Federal Government may pursue
available remedies, including but not limited to suspension and/or debarment.
(4) The Contractor agrees to comply with the requirements of 2 C.F.R.pt. 180,subpart
C and 2 C.F.R. pt. 3000, subpart C throughout the period of performance. The Contractor further
agrees to include a provision requiring such compliance in its lower tier covered transactions.
I. BYRD ANTI-LOBBYING AMENDMENT(2 CFR§200.326 Appendix II to Part 200
(j))
Contractor must file with the City the required certification. Each tier certifies to the tier above
that it will not and has not used Federal appropriated funds to pay any person or organization for
influencing or attempting to influence an officer or employee of any agency, a member of
Congress,officer or employee of Congress,or an employee of a member of Congress in connection
with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each
tier must also disclose any lobbying with non-Federal funds that takes place in connection with
obtaining any Federal award. Such disclosures are forwarded from tier-to-tier up to the non-
Federal award. If not provided with a bid response, Contractor must complete and submit the
Certification Regarding Lobbying Form.
J. PROCUREMENT OF RECOVERED MATERIALS (2 CFR §200.326 Appendix II
to Part 200 (K) and 2 CFR §200.322)
(1) In the performance of this contract, the Contractor shall make maximum use of
products containing recovered materials that are EPA-designated items unless the product cannot
be acquired.
(a) Competitively within a tinieframe providing for compliance with the
contract performance schedule;
(b) Meeting contract performance requirements; or
(c) At a reasonable price.
(2) Information about this requirement is available at EPA`s Comprehensive
Procurement Guidelines web site, littp://www.epa.gov/cpg/. The list of EPA-designate items is
available at littp://���vw.et�a.�rov/cpg/products/htm,
K. ACCESS TO RECORDS
(1) Contractor agrees to provide City, the FEMA Administrator, the Comptroller
General of the United States, or any of their authorized representative's access to any books,
documents, papers, and records of the Contractor which are directly pertinent to this Agreement
for the purposes of making audits, examinations, excerpts, and transcriptions.
(2) Contractor agrees to permit any of the foregoing parties to reproduce by any means
whatsoever or to copy excerpts and transcriptions as reasonably needed.
(3) Contractor agrees to provide the FEMA Administrator or his authorized
representative's access to construction or other work sites pertaining to the work being completed
under the contract.
L. SEAL, LOGO AND FLAGS
Contractor shall not use the U.S. Department of Homeland Security's seal(s), logos, crests, or
reproductions of flags or likenesses of the U.S. Department of Homeland Security's agency
officials without specific FEMA preapproval.
M. NO OBLIGATION BY FEDERAL GOVERNMENT AND COMPLIANCE WITH
LAWS
The Federal Government is not a party to this Agreement and is not subject to any obligations or
liabilities to City, Contractor, or any other party pertaining to any matter resulting from the
contract. City may seek reimbursement for expenses under this Agreement from FEMA and
Contractor acknowledges that it must comply with all federal laws,regulations, executive orders,
FEMA policies,procedures, and directives.
N. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR
RELATED ACTS
Contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and
Statements) applies to the Contractor's actions pertaining to this contract.
INTEROFFICE MEMO
EMERGENCY PURCHASE
To: Cynthia B. Garcia, Assistant Finance Director, Financial Management Services
Leann Guzman, Senior Assistant City Attorney
Jay Chapa, Deputy City Manager
From: Steve Cooke, Director, Property Management Department
Date: March 23, 2020
Subject: United RV Trailer Rentals—Temporary Quarantine Shelters
Covid-19 is an infectious disease caused by severe acute respiratory syndrome coronavirus 2: a
strain similar to SARS, The disease was first identified in China and has quickly spread to the
rest of the world. Last week the World Health Organization (WHO) declared it a global
pandemic. Currently the United States is working to prevent mass infection in the country by
passing a 15 day guide that is intended to slow the spread of the virus. As a consequence, there
exists a need to ensure the pandemic does not spread in the homeless population of Fort
Worth, and a need to provide quarantine shelter for first responders and other essential
personnel.
To ensure safety and immediate detection of potential infection among the homeless population,
the City of Fort Worth created a homeless shelter in the Fort Worth Convention Center. The
attached memorandum authorized up to $50,000 to set up ten (10)temporary trailers to
quarantine individuals that have tested positive for COVID-19 or require isolation due to severe
symptoms as determined by health care providers from JPS or the City Public Health Officer.
As the pandemic worsens, JPS health officials have increased their estimate for the number of
potential homeless that might need to be quarantined. They estimate up to 150 individuals may
need this service, but do not have a good estimate on how many will need to be quarantined at
any given time. They have determined that only one person will be allowed in each trailer.
Based on this guidance, the original request must be greatly increased. This memorandum
requests authority for an additional $200,000.00. Trailers will be ordered in incremental batches
to stay ahead of the demand and use. The basic cost for each trailer is$75.00 per day, with
additional costs for fencing and ongoing sewer disposal service for trailers at FWCC. This
authorization will allow approximately 75 additional trailers for one month, along with associated
fencing and recurring sewage disposal service. If things get worse and we don't find better
options than the trailers,we will ask for additional authorization in the future.
Chapter 2, Article I, Section 2-9 at(9) of the City's Code of Ordinances and Section 252.022 of
the Local Government Code exempts from normal bidding requirements expenditures that are
necessary to preserve or protect the city's property and the public health or safety of the
municipality's residents.
APPROVED FOR EMERGENCY PROCUREMENT:
Prepared by: _-- .��
Glenn Balog, PMD Assistant Director
Recommended: _c�teve Cm,6(approved via e-mail 3/23/2020)_
Steve Cooke, PMD Director
Approved As To Form and Legality: � ,gym
Jo Ann Pate, Assistant City Attorney II
Approved: 49�
Cynthia Garcia, Assistant Finance Director
Jay Chapa, Deputy City Manager
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