HomeMy WebLinkAboutContract 53862 RECEIVED
CSC No. 53862
MAY —1 2020
CITY OF FORT WORTH
CITY SECRETARY SUPPLIER SERVICES AGREEMENT
This SUPPLIER SERVICES AGREEMENT("Agreement") is made and entered into by and
between the CITY OF FORT WORTH("City"),a Texas home rule municipal corporation, acting by
and through Jesus J. Chapa, its duly authorized Assistant City Manager, and CORNERSTONE
DETENTION PRODUCTS, INC. ("Supplier"), a foreign for-profit corporation, acting by and
through Brian Burleson, its duly authorized Regional Sales Manager, each individually referred to as
a"party"and collectively referred to as the"parties."
AG REEMENT DOCUMENTS:
The Agreement documents shall include the following:
1. This Supplier Services Agreement;
2. Exhibit A—Scope of Services;
3. Exhibit B —Price Schedule;and
4. Exhibit C—Verification of Signature Authority Form.
Exhibits A, B and C, 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 terms and conditions set forth in the body of this Agreement,the terms
and conditions ofthis Agreement shall control.
1. SCOPE OF SERVICES.
Supplier shall provide Jail Door Maintenance and Repair parts and services for the City of
Fort Worth Police Department (FWPD). Exhibit "A," - Scope of Services more specifically
describes the services to be provided hereunder.
2. TERM,
This Agreement shall begin on May 1, 2020 ("Effective Date") and shall expire on April
30, 2021 ("Expiration Date"), unless terminated earlier in accordance with this Agreement("Initial
Term").Upon the expiration of the Initial Term,the Agreement shall be renewable under the same
terms and conditions for four(4)one-year renewal periods upon mutual, written, agreement of the
Parties.
3. COMPENSATION,
City shall pay Supplier in accordance with the fee schedule in accordance with the provisions of this
Agreement and Exhibit "B," — Price Schedule. Total payment made under this Agreement for the
firstYear by City shall not exceed the amount$34,904.00. Supplier 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 Supplier not specified by this Agreement unless City first approves such
expenses in writing. �_
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L,d' 4,tL"LARY
FT. WORTH,T
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4. TERMINATION.
4.1. Written Notice. City or Supplier may terminate this Agreement at anytime and for
any reason by providing the other party with 30 days' written notice oftermination.
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 Supplier
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 ofthe 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 Date, City shall pay Supplier for services actually rendered up to the
effective date of termination and Supplier 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, Supplier shall provide City with copies of all
completed or partially completed documents prepared under this Agreement. In the event Supplier
has received access to City Information or data as a requirement to perform services hereunder,
Supplier shall return all City provided data to City in a machine readable format or other format
deemed acceptable to City.
5. DISCLOSURE OF CONFLICTSAND CONFIDENTIAL INFO MATION.
5.1. Disclosure of Conflicts-Supplier hereby warrants to City that Supplier has made full
disclosure in writing of any existing or potential conflicts of interest related to Supplier's services
under this Agreement. In the event that any conflicts of interest arise after the Effective Date of
this Agreement, Supplier hereby agrees immediately to make full disclosure to City in writing.
5.2. Confidential Information._Supplier, for itself and its officers, agents and employees,
agrees that it shall treat all information provided to it by City("City Information")as confidential
and shall not disclose any such information to a third party without the prior written approval of
City.
5.3. Unauthorized Access.-Supplier 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. Supplier 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,
Supplier shall, in good faith, use all commercially reasonable efforts to cooperate with City in
identifying what information has been accessed by unauthorized means and shall fully cooperate
with City to protect such City Information fiom further unauthorized disclosure.
6. RK*HT TO AUDIT.
Supplier 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,
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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 Supplier involving
transactions relating to this Agreement at no additional cost to City. Supplier agrees that City shall
have access during normal working hours to all necessary Supplier 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 Supplier reasonable advance notice of intended audits.
7. INDEPENDENT CONTRACTOR.
It is expressly understood and agreed that Supplier 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, Supplier shall have the exclusive right to control the details of its
operations and activities and be solely responsible for the acts and omissions of its officers,
agents, servants, employees, consultants and subcontractors. Supplier acknowledges that the
doctrine ofrespondeat superior shall not apply as between City, its officers, agents,servants and
employees, and Supplier, its officers, agents, employees, servants, Suppliers and subconractors.
Supplier further agrees that nothing herein shall be construed as the creation of a partnership or
joint enterprise between City and Supplier. It is further understood that City shall in no way be
considered a Co-employer or a Joint employer of Supplier or any officers, agents, servants,
employees or subcontractor of Supplier. Neither Supplier, nor any officers, agents, servants,
employees or subcontractor of Supplier shall be entitled to any employment benefits from City.
Supplier shall be responsible and liable for any and all payment and reporting of taxes on behalf
of itself, and any of its officers, agents, servants, employees or subcontractor.
8. LIABILITY AND INDEMNI TCATION.
8.1. L ABILITY_ SUPPLIER SHALL BE LIABLE AND RESPONSIBLE FOR
ANY AND ALL PROPER TY L OSS,PROPER TYDAMAGE AND/OR PERSONAL INJURY,
INCL UDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER,
WHETHER REAL OR ASSERTED, TO THE EXTENT CA USED BY THE NEGLIGENT
ACT(S) OR OMISSION(S), MALFEASANCE OR INTENTIONAL MISCONDUCT OF
SUPPLIER,ITS OFFICERS,AGENTS, SERVANTS OR EMPLOYEES
&Z GENE. AI. INDEMNIFICATION-SUPPLIER 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 SUPPLIER'S BUSINESS AND ANY RESULTING LOST
PROFITS) AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL
PERSONS,ARISING OUT OFOR IN CONNECTION WITH THISAGREEMENT, TO THE
EXTENT CAUSED BY THENEGLIGENTACTS OR OMISSIONS OR MALFEASANCE OF
SUPPLIER,ITS OFFICERS,AGENTS, SERVANTS OR EMPLOYEES
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INT . .L . T A . PROPERTY INDEMNIFI ATION Supplier agrees to defend, settle, or
pay, at its own cost and expense, any claim or action against City for infringement of any
patent, copyright, trade mark,trade secret, or similar property right arising from City's use
of the software and/or documentation in accordance with this Agreement, it being understood
that this agreement to defend, settle or pay shall not apply if City modifies or misuses the
software and/or documentation. So long as Supplier bears the cost and expense of payment
for claims or actions against City pursuant to this section, Supplier 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 Supplier 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, Supplier shall
fully participate and cooperate with City in defense of such claim or action.City agrees to give
Supplier 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 Supplier's duty to indemnify City under this Agreement.If the
software and/or documentation or any part thereof is held to infringe and the use thereof is
enjoined or restrained or, if as a result of a settlement or compromise, such use is materially
adversely restricted, Supplier 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 Supplier terminate this Agreement, and refund all amounts paid to Supplier by City,
subsequent to which termination City may seek any and all remedies available to City under
law.
9. ASSIGNMENT ND SUBCONTRACTING,
9.1. Assignment._Supplier shall not assignor 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 Supplier under which the
assignee agrees to be bound by the duties and obligations of Supplier under this Agreement.
Supplier and Assignee shall be jointly liable for all obligations of Supplier under this Agreement
prior to the effective date of the assignment.
9.2. Subcontract._If City grants consent to a subcontract, sub Supplier shall execute a
written agreement with Supplier referencing this Agreement under which sub Supplier shall
agree to be bound by the duties and obligations of Supplier under this Agreement as such duties
and obligations may apply. Supplier shall provide City with a fully executed copy of any such
subcontract.
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10. INSURANCE,
Supplier 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. Coverage and Limits
(a) Commercial General Liability:
$1,000,000- Each Occurrence
$2,000,000 - Aggregate
(b)Automobile Liability:
$1,000,000- Each occurrence on a combined single limit basis
Coverage shall be on any vehicle used by Supplier, its employees, agents,
representatives in the course of providing services under this Agreement.
"Any vehicle" shall be any vehicle owned, hired and non-owned.
(c) Worker's Compensation:
Statutory limits according to the Texas Workers' Compensation Act or any
other state workers' compensation laws where the work is being performed
Employers' liability
$100,000 - Bodily Injury by accident; each accident/occurrence
$100,000 - Bodily Injury by disease; each employee
$500,000- Bodily Injury by disease; policy limit
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 shall be
acceptable in the event of non-payment of premium. Notice shall be sent to
the Risk Manager, City of Fort Worth, 200 Texas Street, Fort Worth,Texas
67 102:_with_cogies to the Fort Worth City Attorney at the same address,
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(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.
(i7 Certificates of Insurance evidencing that Supplier has obtained all required
insurance shall be delivered to the City prior to Supplier proceeding with any
work pursuant to this Agreement.
11. OMP IAN WITH LAW .ORDI ANC .S. RULES ULATTONS.
Supplier 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 Supplier of any violation of such laws,
ordinances, rules or regulations, Supplier shall immediately desist from and correct the violation.
12. NON-DISCRIMINATION COVENANT.
Supplier, for itself, its personal representatives, assigns, subsuppliers and successors in
interest, as part of the consideration herein, agrees that in the performance of Supplier'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
SUPPLIER, ITS PERSONAL REPRESENTATIVES, ASSIGNS, SUBSUPPLIERS OR
SUCCESSORS IN INTEREST, SUPPLIER AGREES TO ASSUME SUCH LIABILITY
AND TO INDEMNIFY AND DEFEND CITY AND HOLD CITY HARMLESS FROM
SUCH CLAIM.
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(3) received by the other party by United States Mail,registered, return
receipt requested,addressed as follows:
To CITY:
City of Fort Worth
Attn: Jesus J. Chapa- Assistant City Manager
20-0007 Supplier Services Agreement Page 6 of 17
200 Texas Street
Fort Worth TX 76102-6311
Facsimile: (817) 392-8502
With a copy to the City Attorney's Office at the same address and to:
Contract Compliance Specialist
Bob Bolen Public Safety Complex
505 W. Felix St.
Fort Worth,TX 76115
To CONTRACTOR:
Cornerstone Detention Products,Inc.
Attn: Brian Burleson-Regional Sales Manager
2391 NE Loop 410 Suite 208
San Antonio, TX 78217
Phone: 256-560-4434
14. SOL.I1 ATION OF EMPL.OYEES..
Neither City nor Supplier shall, during the term of this Agreement and additionally for
a period of one year after its termination, solicit for employment or employ, whether as
employee or independent contractor,any person who is or has been employed by the other during
the term of this Agreement, without the prior written consent of the person's employer.
Notwithstanding the foregoing,this provision shall not applyto an employee of either party who
responds to a general solicitation of advertisement of employment by either party.
15. GOVERNMENTAL.POWERS.
It is understood and agreed that by execution of this Agreement, City does not waive or
surrender any of its governmental powers or immunities.
16. NO_WAIVE R.
The failure of City or Supplier 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 Supplier'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.
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18. SEVERABIL.ITY.
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. FORCEMAJEURE.
City and Supplier 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.
20. HEADINGS OT 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,
This Agreement, including Exhibits A, B and C, contains the entire understanding and
agreement between City and Supplier, 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.
24. COUNTEREARM.
This Agreement may be executed in one or more counterparts and each counterpart shall,
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for all purposes, be deemed an original, but all such counterparts shall together constitute one and
the same instrument.
25. WARRANTY.OF SERVICES..
Supplier 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 Supplier's option,
Supplier shall either(a)use commercially reasonable efforts to re-perform the services in a manner
that conforms with the warranty, or(b) refund the fees paid by City to Supplier for the
nonconforming services.
26. IMMIGRATION NATIONALITY ACT.
Supplier 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, Supplier shall provide City with copies of all 1-9 forms and supporting
eligibility documentation for each employee who performs work under this Agreement. Supplier
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 Supplier employee who is not legally eligible to
perform such services. SUPPLIER SHALL INDEMNIFY CITY AND HOLD CITY
HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO
VIOLATIONS OF THIS PARAGRAPH BY SUPPLIER, SUPPLIER'S EMPLOYEES,
SUBCONTRACTORS,AGENTS, OR LICENSEES. City,upon written notice to Supplier,shall
have the right to immediately terminate this Agreement for violations of this provision by Supplier.
27. OWNERSHIP OF WORK PRODUCT.
City shall be the sole and exclusive owner of all reports, work papers, procedures, guides,
and documentation,created,published, displayed, and/or produced in conjunction with the services
provided under this Agreement (collectively, "Work Product"). Further, City shall be the sole and
exclusive owner of all copyright,patent,trademark,trade secret and other proprietary rights in and
to the Work Product. Ownership of the Work Product shall inure to the benefit of City fiom 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, Supplier 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, fi-ee fi.-om any claim, lien for balance due, or rights
of retention thereto on the part of City.
28. SIGNATURE AUTHORITY.
The person signing this Agreement hereby warrants that he/she has the legal authority to
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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 Supplier 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.
29. CHANGE IN COMPANY j A:dL QR OWNERSHIP
Supplier shall notify City's Purchasing Manager, in writing, of a company name,
ownership, or address change forthe purpose of maintaining updated City records.The president of
Supplier 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.
3o. PROHIBITION ON CONTRACTING WITH COMPANIES THAT ROY!OTT
ISRAEL
If Supplier has fewer than ten employees or the Agreement is for less than $100,000,this
section does not apply. Supplier 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, Supplier certifies that Supplier's signature
provides written verification to the City that Supplier: (1)does not boycott Israel; and(2)will
not boycott Israel during the term of thecontract.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in
multiples his
day of , 2020.
(signature page follows)
20-0007 Supplier Services Agreement Page 10 of 17
ACCEPTED AND AGREED:
CITY OF FORT WORTH CONTRACT COMPLIANCE MANAGER:
By signing I acknowledge that I am the
person responsible for the monitoring and
Tcsus T. r✓n administration of this contract, including
By: Jesus J.chapa(May 1, 020) ensuring all performance and reporting
Name: Jesus J. Chapa requirements.
Title: Assistant City Manager
APPROVAL RECOMMENDED: t�'/ir r�i�i
By: Cap in C.E.Plowman(Apr 29,2020)
Name: Capt.Chad Plowman
Title: Police Captain
By: E win Kraus(Apr29,2020)
Name: Edwin Kraus APPROVED AS TO FORM AND
Title: Chief of Police LEGALITY:
ATTEST:
. •1 >J" ti;t lnr Paris. �xox/Or2 hla:aeqzd7<6-o6_mur•NyM ,
By: ay�or r,r;s(o.a.voz«siao;He wtb .IlM,zz,zOxol
:Name: Taylor Paris
By:
.Title: Assistant City Attorney
y y
Name: Mary J. Kayser'
Title: City Secretary CONTRACT AUTHORIZATION:
M&C: (None Required)
Date Approved:
Form 1295 Certification No.: N/A
CORNERSTONE DETENTION
PRODUCTS, INC.
Name: Brian Burleson
Title: Re inal Sales Manager
1
OFFICIAL RECURE-?)
CITY SFCRETARV
20-0007 Supplier Services Agreement v Page 11 of 17
d
EXHIBIT A
SCOPE OF SERVICES
The Supplier shall provide all labor, materials, equipment, supplies, and tools required to
complete the work as specified, and in compliance with all applicable federal, state and local
codes and standards. The Supplier must oversee and coordinate the entire project. The Supplier
shall also be responsible, at no additional cost for cleanup and disposal of all trash and
construction debris generated by the project, disposal of any existing items removed but not used
in the new installation, and repair of any damage caused by the Supplier.
PURPOSE: The City seeks bids from a qualified bidders experienced in the maintenance, repair,
replacement,modernization, and warranty of repairs for Jail doors. Services shall include but not
be limited to preventative maintenance, general maintenance, repair or replacement of like item
or item of similar purpose, and like-and-kind replacement. No services will be performed under
this contract that impacts the structure, or require architectural or mechanical engineering,
drawings, or plans.
Equipment List:
• 8 RR Brink Track Sets
• 8 Mechanical 30 Series Locks
• 3 Southern Steel Slider Devices
SUPPLIER REQUIREMENTS:
The Supplier shall have a minimum of five (5) years' of continuous experience performing
commercial Jail door maintenance and repairs prior to this solicitation.
The Supplier shall provide and maintain a telephone dispatch system that is operational 24 hours
per day, seven (7) days per week, and 365 days per year (including holidays). Telephone
answering machines do not meet the requirements of this paragraph. The dispatch system shall
keep a record of the incoming call information for a minimum of one (1)year.
The Supplier shall have access to all necessary equipment and tools to safely test, service,and repair
the doors.
The Supplier will have access to and utilize electronic data management systems and
communication devices as needed to meet the requirements of this contract.
HOURS OF SERVICE:
The Supplier shall perform all non-emergency repairs and maintenance during normal business
hours, which is defined as Monday through Friday from 8:00 a.m. to 5:00 p.m.
The Supplier may be required to perform door repair services during non-regular business hours,
which is defined as Monday through Friday from 5:01 p.m. to 7:59 a.m., weekends, and official
City holidays. The Supplier shall not invoice the non-regular business hour rate for services unless
20-0007 Supplier Services Agreement—Exhibit A Page 12 of 17
requested and approved in writing by the City Contract Manager or designee(representative) prior
to starting the work.
The Supplier shall not charge an overtime rate due to lack of available staff for services
performed during non-regular hours that could reasonably be completed during regular
business hours. Labor
charges will begin no sooner than when the Supplier's technicians sign in to the City Jail and
shall end no later than when the technician signs out of the City Jail. Labor charges shall be
invoiced to the nearest %4 hour.
The Supplier shall provide the City with a Supplier Point of Contract(SPOC)person. The SPOC
shall be available and on-call twenty-four (24) hours daily including weekends and holidays.
Supplier shall provide the office number, email address, and cell phone number for the SPOC,
During times the SPOC
is unavailable(due to vacation,travel, etc., for example),the Supplier shall provide a designee for
the SPOC. The designee shall meet the same requirements as specified for the SPOC and shall
have the same authority as the SPOC.
SUPPLIER RESPONSIBILITIES:
The Supplier shall provide all equipment, materials, labor, tools, incidentals, expendable items,
personnel protective equipment,and transportation necessary for proper execution and completion
of maintenance, repair, and replacement services. The materials and services provided by the
Supplier shall comply with all current Federal, State and local laws, City of Fort Worth
ordinances, rules and regulations.
The Supplier shall notify the City's identified point of contact at each work site with an estimated
time of arrival one (1) business day prior to beginning work at the City location, unless the City
representative indicates additional notification time at the time of the request.
In response to a repair call,the Supplier shall inspect the entire door and mechanism before repairs
begin to ensure that no other repairs are required.
The Supplier shall repair all doors, components, and associated equipment when requested by the
City so that they operate to the original manufacturer's performance specifications.
The Supplier shall provide a work order ticket to the City representative detailing all maintenance
and/or repairs performed. The work order ticket shall be signed by the City representative on
completion of work.
The Supplier shall provide a minimum one (1) year warranty against defects of materials, services,
and workmanship.
The Supplier shall be responsible for the immediate clean-up of the work area and the removal
of debris to broom clean status. Cleaning of the work area shall be subject to the City
representative's inspection and approval.
The Supplier's technicians shall have passed a pre-employment background check paid for by
Supplier. Any technicians arrested during employment under this Contract shall not be assigned
to work on City premises.
The Supplier shall be responsible for damage done to property or equipment as a direct result of
the Supplier's actions. Should the Supplier and/or his employees cause any damage to City
property, the Supplier shall immediately inform the City representative. The Supplier shall make
20-0007 Supplier Services Agreement--Exhibit A Page 13 of 17
repairs or replacement to the satisfaction of the City representative at no cost to the City. The City
may, however, at its sole discretion, elect to make repairs or replacements of damaged property
and deduct the cost from any payments owed to Supplier or to recover costs if no payments are
owed.
PREVENTATIVE MAINTENANCE SERVICE REQUIREMENTS:
The Supplier shall work with the City to establish and perform a routine and preventative
maintenance schedule on any of the City doors as requested by the City representative.
The Supplier shall conduct a preliminary jail door assessment at the request of the City
representative within two (2) weeks upon request, at no cost to the City. The City anticipates
developing a comprehensive assessment of all doors covered by this contract within 45 days
of contract award.
The assessment report shall be provided to the City in an electronic format approved by the City
representative and a minimum shall include the following:
• Location and designation of the jail doors
• Door Size and Manufacturer name
• An overall assessment of the entire door system which shall include each major component
(component list shall be mutually agreed upon between the Supplier and the City
representative), and a recommendation by the Supplier for service or replacement
• A capital replacement schedule based on end of useful life expectancy of the equipment and
shall include an estimated cost
The Supplier shall respond to non-scheduled preventive maintenance requests within one (1)
business day and acknowledge receipt of the request by phone or email with the City
representative. The Supplier shall complete the non-scheduled preventative maintenance request
within one (1) week of the request, or as otherwise mutually agreed to between the Supplier and
the City representative.
The Supplier's preventative maintenance schedule shall include but not limited to the following:
• Check for proper door alignment per manufacturer's specification
• Check locking mechanism to ensure maximum setting and engagement
• Check for proper operation of locking mechanisms per manufacturer's specifications.
• Check for excess grease deposits.
• Check Limit switch adjustment settings for proper indication
• Check and test individual key release and re-locking functions
• Test electrical operation of door control and indication mechanism.
• Inspection and testing of all mechanical door and associated component parts,transmitters,and
receivers with terminals.
• Adjustment, Iubrication, cleaning, and repair or replacement of any parts and mechanisms as
necessary to keep door equipment in proper and safe operating condition. Lubricants and
cleaning supplies shall be included in the flat fee charged for preventative maintenance services
20-0007 Supplier Services Agreement—Exhibit A Page 14 of 17
• Maintain the efficiency, safety, and rated opening and closing speeds for each door unit, per
the manufacturer specifications and within the limits of applicable codes.
• Examination, maintenance and repair of all safety devices and governors for each door. Door
safety devices and/or governors shall never be left in a bypassed state.
• Electrical Service:
• Wiring evaluation, testing, repair
• Voltage and Circuit Capacity analysis
• National Electric Code (NEC) requirements check
• Replace switches and receptacles as-needed
• Review/Inspect Power Source and connections to the load center. Quote repairs as needed.The
Supplier shall provide a Preventive Maintenance Schedule within one (1) month after request
by the City.
The Supplier shall notify the City representative at least two (2) business days before scheduled
maintenance activities.
The Supplier shall develop and maintain preventive maintenance documentation on all jail doors
and door systems and equipment that details regular maintenance tasks and service intervals in
accordance with this scope of work. The Supplier shall provide a copy of the preventive
maintenance documentationwithin five(5) business days following request by the City.
The Supplier shall invoice routine and preventative maintenance services separately from
nonemergency and emergency repair services. Repair services shall be paid at the hourly bid rate
for labor service and cost of repair parts to include any mark-up or discount per the terms of this
contract.
City jail door location and preventative maintenance
frequencies: Fort Worth City]ail
350 West Belknap
Fort Worth, Texas 76102
Frequency: Every six months -two (2)times per year
Dates to be determined by mutual agreement of the
parties
NON-EMERGENCY REPAIR SERVICES:
The Supplier shall perform non-emergency repair services on an as-needed basis for City jail
location when requested by the Police Department. Non-emergency repairs are defined as minor
repairs that are needed, but not required, to keep an overhead door functioning (immediately
opening and closing).
The Supplier shall acknowledge receipt of non-emergency repair requests within two (2) business
hours by phone or email to the City representative.
The Supplier shall provide a quote that clearly distinguishes the cost of parts and labor in writing
or email within one (1) business day for approval by the City representative in writing or email
prior to the start of the work.
The Supplier shall complete non-emergency repairs within two (2) business days of the City's
20-0007 Supplier Services Agreement—Exhibit A Page 15 of 17
request, or in a timeframe mutually agreed upon between the Supplier and City representative.
EMERGENCY REPAIR SERVICES:
The Supplier shall provide emergency repair services on an as-needed basis. The Supplier shall
respond to emergency service requests twenty-four (24) hours per day, seven (7) days per week
(including holidays).Emergency services are defined as a repair situation where a door will not open
or close,either manually or electronically,to allow for entry and exit.The need for immediate repair
will be determined and approved by the City representative.
The Supplier shall acknowledge receipt of an emergency request within twenty (20) minutes or
less and be onsite within three (3) hours unless otherwise approved or agreed-upon by the City
representative. The response time shall begin at the time the call is made and end at the time the
appropriate Supplier's employee signs in at the work site.
The Supplier shall provide a quote that clearly distinguishes the cost of parts and labor in writing
or email within one(1)day of the emergency repair request for approval by the City representative.
The Supplier shall provide emergency service to restore the door to its original operational
status, or complete a temporary repair to restore the door to a manual operation status, within
four (4) hours from arrival onsite unless mutually agreed to between the Supplier and City
representative.
The City understands that at times major parts or parts that are not commonly stocked may affect
the Supplier's ability to complete an emergency repair in the specified timeframe. If there is a
delay in completing an emergency door repair, the Supplier shall secure the opening in a way to
keep unauthorized personnel from entering.
If the Supplier cannot respond to any emergency repair request in the specified timeframe, the
City reserves the right to contact another Supplier to perform the repair services. The Supplier
shall be responsible for any price difference between the contracted amount and the alternate
Supplier's charge.
I
REPLACEMENT PARTS:
The Supplier shall provide replacement parts on an as-needed basis. The Supplier shall maintain
an adequate inventory of replacement parts to ensure minimal down time during the maintenance
and repair of the doors. The City and Supplier can estimate an adequate parts inventory for
repairs. The Supplier and the City will mutually agree on what an adequate parts inventory is
based on the doors in use at City locations.
The Supplier shall use parts, lubricants, and chemicals associated with the maintenance and
repairs ofthe doors that meet the manufacturers'specifications and standards for the type of doors
being repaired.
All replacement parts shall be of the same or higher quality and of the same manufacturing design
as the parts being replaced. Replacement parts may be new or reconditioned to the original
manufacturer's specifications. The Supplier shall invoice all parts used for door maintenance or
repair at the percentage discount off the parts and supplies manufacturer's suggested retail price
lists.
The estimated replacement parts include a Jail Door Electric Motor meeting the following
specifications:
20-0007 Supplier Services Agreement—Exhibit A Page 16 of 17
• The Jail Door Electric Motor("Motor") shall be new, unused and of recent manufacture.
• Motor shall be Southern Folger 51-5000049 Motor 1/10 HP RH with fasteners, or equal
• RPM: 65
• Torque: 34 inch pounds.
• Inch-Pounds Ratio: 24.5
• Vo Its: 115
• Cycle: 60
• Duty: Continuous
• Phase: I
• Amps: 1.5
• Class: B
• The Motor will be used to open and close sliding metal doors at the Fort Worth City Jail.
20-0007 Supplier Services Agreement—Exhibit A Page 17 of 17
EXHIBIT R
LI&ICE SCHEDULE
Proposers shall provide a price schedule for all items needed to provide all services required
in the Scope of Services,Exhibit A, with their proposals.
1. Regular Hours Labor Rate,Monday-Friday, 7.00AM-5:OOPM: $155.00IHour
2. Non-regular Hours Labor Rate, Monday-Sunday, from $386.00/Hour
5:01PM-6:59AM including weekends and holidays
3. Preliminary Jail Door Assessment and Report: Included in first Preventative
Maintenance service.
4. Routine Preventative Maintenance Service $11,635.00/Each
5. Jail Door Motor,as specified $1,680.00/Each
Make and Model of Motor: Southern Folger 51-5000049
6. Other Replacement Parts and Supplies, Discount from Price List 10%
*Responses shall state Days and Times Non-regular Hours Labor Rate applies.
20-0007 Supplier Services Agreement—Exhibit 8 Page 16 of 17
EXHIBIT C
VERIFICATION OF SIGNATURE AUTHORITY
Execution of this Signature Verification Form ("Form") hereby certifies that the following
individuals and/or positions have the authority to legally bind Supplier and to execute any
agreement, amendment or change order on behalf of Supplier. Such binding authority has been
granted by proper order, resolution, ordinance or other authorization of Supplier. City is fully
entitled to rely on the warranty and representation set forth in this Form in entering into any
agreement or amendment with Supplier. Supplier will submit an updated Form within ten (10)
business days if there are any changes to the signatory authority. City is entitled to rely on any
current executed Form until it receives a revised Form that has been properly executed by Supplier.
1. Name: Kr�,
Position: `
Signature
2. Name: ger-K cY►- I¢6LFn G•ti•
Position: /�6-5
Signature
3. Name`- �,-��
Position: t-; gcK1+���5`1� ��rti
Signature Name:
Signature of President/CEO
Other Title:
Date:
20-0007 Supplier Services Agreement—Exhibit C Page 17 of 17