HomeMy WebLinkAboutContract 54302 CSC No.54302
VENDOR SERVICES AGREEMENT
SCRAP METAL RECYCLING SERVICES
This VENDOR SERVICES AGREEMENT ("Agreement") is made and entered into by and
between the CITY OF FORT WORTH("City"),a Texas home rule municipal corporation,acting by and
through its duly authorized Assistant City Manager, and JEANIE LADELL, INC. d/b/a CYCLONE
ALUMINUM & STEEL HANDLING ("Vendor"), a Texas corporation, acting by and through its duly
authorized representative, each individually referred to as a "party" and collectively referred to as the
"parties."
AGREEMENT DOCUMENTS:
The Agreement documents shall include the following:
1. This Vendor 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 of this Agreement
shall control.
1. SCOPE OF SERVICES.
Vendor to provide the collection and sale of various scrap metal and other mixed-metal materials
Exhibit"A,"-Scope of Services more specifically describes the services to be provided hereunder.
2. TERM.
This Agreement shall begin on August 5, 2020 ("Effective Date") and shall expire on August 4,
2021 ("Expiration Date"), unless terminated earlier in accordance with this Agreement ("Initial Term").
City shall have the option, in its sole discretion, to renew this Agreement under the same terms and
conditions,for up to four(4)one-year renewal options,at City's sole discretion.
3. COMPENSATION.
Vendor shall pay to the City the net proceeds from the Scrap Metal Items sold,less Vendor's fees
in accordance with Exhibit"B"-Price Schedule. Vendor shall not perform any additional services or bill
for expenses incurred for City not specified by this Agreement unless City requests and approves in writing
the additional costs for such services. City shall not be liable for any additional expenses of Vendor not
specified by this Agreement unless City first approves such expenses in writing.
4. TERMINATION.
4.1. Written Notice. City or Vendor may terminate this Agreement at any time and for any
reason by providing the other party with 30 days' written notice of termination.
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CITY SECRETARY
FT. WORTH, TX
CSC No.54302
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 prior
to the Expiration Date, City shall pay Vendor for services actually rendered up to the effective date of
termination and Vendor shall continue to provide City with services requested by City and in accordance
with this Agreement up to the effective date of termination. Upon termination of this Agreement for any
reason,Vendor shall provide City with copies of all completed or partially completed documents prepared
under this Agreement. In the event Vendor has received access to City Information or data as a requirement
to perform services hereunder, Vendor shall return all City provided data to City in a machine readable
format or other format deemed acceptable to City.
5. DISCLOSURE OF CONFLICTS AND CONFIDENTIAL INFORMATION.
5.1 Disclosure of Conflicts. Vendor hereby warrants to City that Vendor has made full
disclosure in writing of any existing or potential conflicts of interest related to Vendor's services under this
Agreement. In the event that any conflicts of interest arise after the Effective Date of this Agreement,
Vendor hereby agrees immediately to make full disclosure to City in writing.
5.2 Confidential Information.Vendor,for itself and its officers,agents and employees, agrees
that it shall treat all information provided to it by City ("City Information") as confidential and shall not
disclose any such information to a third party without the prior written approval of City.
5.3 Unauthorized Access.Vendor shall store and maintain City Information in a secure manner
and shall not allow unauthorized users to access, modify, delete or otherwise corrupt City Information in
any way.Vendor shall notify City immediately if the security or integrity of any City Information has been
compromised or is believed to have been compromised,in which event,Vendor shall,in good faith,use all
commercially reasonable efforts to cooperate with City in identifying what information has been accessed
by unauthorized means and shall fully cooperate with City to protect such City Information from further
unauthorized disclosure.
6. RIGHT TO AUDIT.
Vendor agrees that City shall,until the expiration of three (3)years after final payment under this
contract,or the final conclusion of any audit commenced during the said three years,have access to and the
right to examine at reasonable times any directly pertinent books,documents,papers and records,including,
but not limited to, all electronic records, of Vendor involving transactions relating to this Agreement at no
additional cost to City. Vendor agrees that City shall have access during normal working hours to all
necessary Vendor facilities and shall be provided adequate and appropriate work space in order to conduct
audits in compliance with the provisions of this section. City shall give Vendor reasonable advance notice
of intended audits.
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7. INDEPENDENT CONTRACTOR.
It is expressly understood and agreed that Vendor shall operate as an independent contractor as to
all rights and privileges and work performed under this Agreement, and not as agent, representative or
employee of City. Subject to and in accordance with the conditions and provisions of this Agreement,
Vendor shall have the exclusive right to control the details of its operations and activities and be solely
responsible for the acts and omissions of its officers, agents, servants, employees, consultants and
subVendors. Vendor acknowledges that the doctrine of respondeat superior shall not apply as between
City, its officers, agents, servants and employees, and Vendor, its officers, agents, employees, servants,
Vendors and subVendors. Vendor further agrees that nothing herein shall be construed as the creation of a
partnership or joint enterprise between City and Vendor. It is further understood that City shall in no way
be considered a Co-employer or a Joint employer of Vendor or any officers,agents,servants,employees or
subVendor of Vendor. Neither Vendor, nor any officers, agents, servants, employees or subVendor of
Vendor shall be entitled to any employment benefits from City. Vendor shall be responsible and liable for
any and all payment and reporting of taxes on behalf of itself, and any of its officers, agents, servants,
employees or subVendor.
8. LIABILITY AND INDEMNIFICATION.
8.1 For purposes of this Agreement, the following words and phrases shall be defined as
follows:
1. Environmental Damages shall mean all claims, judgments, damages, losses,
penalties, fines, liabilities (including strict liability), encumbrances, liens, costs,
and expenses of investigation and defense of any claim,whether or not such claim
is ultimately defeated, and of any good faith settlement or judgment, of whatever
kind or nature, contingent or otherwise, matured or unmatured, foreseeable or
unforeseeable, including without limitation reasonable attorney's fees and
disbursements and consultant's fees, any of which are incurred as a result of
handling,transportation,application,and disposal of fertilizer,pesticides and other
chemicals pursuant to this Agreement, or the existence of a violation of
environmental requirements pertaining to,and including without limitation:
a. Damages for personal injury and death, or injury to property or natural
resources;
b. Fees incurred for the services of attorneys, consultants, contractors,
experts, laboratories and all other costs in connection with the
investigation or remediation of such wastes or violation of environmental
requirements including, but not limited to, the preparation of any
feasibility studies or reports of the performance of any cleanup,
remediation, removal, response, abatement, containment, closure,
restoration or monitoring work required by any federal, state or local
governmental agency or political subdivision, or otherwise expended in
connection with the existence of such wastes or violations of
environmental requirements, and including without limitation any
attorney's fees, costs and expenses incurred in enforcing this Agreement
or collecting any sums due hereunder; and
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C. Liability to any third person or governmental agency to indemnify such
person or agency for costs expended in connection with the items
referenced in subsection(b)above.
2. Environmental requirements shall mean all applicable present and future statutes,
regulations, rules, ordinances, codes, licenses, permits, orders, approvals, plans,
authorizations, concessions, franchises, and similar items, of all governmental
agencies, departments, commissions, boards, bureaus, or instrumentalities of the
United States, states, and political subdivisions thereof and all applicable judicial,
administrative, and regulatory decrees, judgments, and orders relating to the
protection of human health or the environment,including without limitation:
a. All requirements, including, but not limited to, those pertaining to
reporting, licensing, permitting, investigation, and remediation of
emissions, discharges, releases, or threatened releases of hazardous
materials, pollutants, contaminants or hazardous or toxic substances,
materials, or wastes whether solid, liquid, or gaseous in nature, into the
air, surface water, groundwater, stormwater, or land, or relating to the
manufacture, processing, distribution, use, treatment, storage, disposal,
transport, or handling of pollutants, contaminants, or hazardous or toxic
substances, materials, or wastes, whether solid, liquid, or gaseous in
nature; and
b. All requirements pertaining to the protection of the health and safety of
employees or the public.
8.2 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.
8.3 GENERAL INDEMNIFICATION-VEND ORHEREBYCOVENANTS AND AGREES
TO INDEMNIFY,HOLD HARMLESS AND DEFEND CITY,ITS OFFICERS,AGENTS,SERVANTS
AND EMPLOYEES,FROMAND A GAINSTANYAND ALL CLAIMS OR LAWSUITS OFANYKIND
OR CHARACTER, WHETHER REAL OR ASSERTED, FOR EITHER PROPERTY DAMAGE OR
LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO VENDOR'S BUSINESS AND ANY
RESULTING LOST PROFITS)AND/OR PERSONAL INJURY,INCLUDING DEATH, TO ANYAND
ALL PERSONS, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, TO THE
EXTENT CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS OR MALFEASANCE OF
VENDOR,ITS OFFICERS,AGENTS,SERVANTS OR EMPLOYEES.
8.4 ENVIRONMENTAL INDEMNIFICATION. VENDOR HEREBY COVENANTS AND
AGRESS TO RELEASE, INDEMNIFY, DEFEND, REIMBURSE, AND HOLD HARMLESS THE
CITY, ITS OFFICERS, AGENTS, EMPLOYEES AND VOLUNTEERS, AGAINST ANY AND ALL
ENVIRONMENTAL DAMAGES AND THE VIOLATION OF ANY AND ALL ENVIRONMENTAL
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REQUIREMENTS RESULTING FROM THE NEGLIGENT ACTS OR OMISSIONS OR
MALFEASANCE OF VENDOR, ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES
PERFORMING SERVICES PURSUANT TO THIS AGREEMENT.
9. ASSIGNMENT AND SUBCONTRACTING.
9.1 Assignment. Vendor shall not assign or subcontract any of its duties, obligations or rights
under this Agreement without the prior written consent of City. If City grants consent to an assignment,the
assignee shall execute a written agreement with City and Vendor under which the assignee agrees to be
bound by the duties and obligations of Vendor under this Agreement.Vendor and Assignee shall be jointly
liable for all obligations of Vendor under this Agreement prior to the effective date of the assignment.
9.2 Subcontract. If City grants consent to a subcontract, sub Vendor shall execute a written
agreement with Vendor referencing this Agreement under which sub Vendor shall agree to be bound by the
duties and obligations of Vendor under this Agreement as such duties and obligations may apply. Vendor
shall provide City with a fully executed copy of any such subcontract.
10. INSURANCE.
Vendor shall provide City with certificate(s) of insurance documenting policies of the following
types and minimum coverage limits that are to be in effect prior to commencement of any work pursuant
to this Agreement:
10.1 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 Vendor, its employees, agents,
representatives in the course of providing services under this Agreement. "Any
vehicle" shall be any vehicle owned,hired and non-owned.
(c) Worker's Compensation:
Statutory limits according to the Texas Workers' Compensation Act or any other
state workers' compensation laws where the work is being performed
Employers' liability
$100,000- Bodily Injury by accident; each accident/occurrence
$100,000- Bodily Injury by disease; each employee
$500,000- Bodily Injury by disease;policy limit
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(d) Professional Liability(Errors&Omissions):
$1,000,000- Each Claim Limit
$1,000,000- Aggregate Limit
Professional Liability coverage may be provided through an endorsement to the
Commercial General Liability (CGL) policy, or a separate policy specific to
Professional E&O. Either is acceptable if coverage meets all other requirements.
Coverage shall be claims-made,and maintained for the duration of the contractual
agreement and for two (2) years following completion of services provided. An
annual certificate of insurance shall be submitted to City to evidence coverage.
(e) Environmental Impairment Liability(EEL)and/or Pollution Liability-$2,000,000
per occurrence.EEL coverage(s)must be included in policies listed in items(a)and
(d) above; or, such insurance shall be provided under separate policy(s). Liability
for damage occurring while loading,unloading and transporting required under the
contract shall be included under the Automobile Liability insurance or other
policies.
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 76102,with copies to the Fort
Worth City Attorney at the same address.
(d) The insurers for all policies must be licensed and/or approved to do business in the
State of Texas. All insurers must have a minimum rating of A-VII in the current
A.M.Best Key Rating Guide,or have reasonably equivalent financial strength and
solvency to the satisfaction of Risk Management. If the rating is below that
required,written approval of Risk Management is required.
(e) Any failure on the part of City to request required insurance documentation shall
not constitute a waiver of the insurance requirement.
(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.
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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, subVendors and successors in interest, as
part of the consideration herein, agrees that in the performance of Vendor's duties and obligations
hereunder,it shall not discriminate in the treatment or employment of any individual or group of individuals
on any basis prohibited by law. IF ANY CLAIM ARISES FROM AN ALLEGED VIOLATION OF
THIS NON-DISCRIMINATION COVENANT BY VENDOR, ITS PERSONAL
REPRESENTATIVES,ASSIGNS, SUBVENDORSS OR SUCCESSORS IN INTEREST,VENDOR
AGREES TO ASSUME SUCH LIABILITY AND TO INDEMNIFY AND DEFEND CITY AND
HOLD CITY HARMLESS 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: To VENDOR:
City of Fort Worth Jeanie Ladell,Inc.
Attn: Dana Burghdoff,Assistant City Manager P.O. Box 1408
200 Texas Street Azle,TX 76098
Fort Worth,TX 76102-6314 Facsimile: 817-677-5103
Facsimile: (817)392-8654
With copy to Fort Worth City Attorney's Office at
same address
14. SOLICITATION OF EMPLOYEES.
Neither City nor Vendor 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
apply to an employee of either party who responds to a general solicitation of advertisement of employment
by either party.
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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 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.
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.
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23. ENTIRETY OF AGREEMENT.
This Agreement, including Exhibits A, B and C, contains the entire understanding and agreement
between City and Vendor,their assigns and successors in interest, as to the matters contained herein. Any
prior or contemporaneous oral or written agreement is hereby declared null and void to the extent in conflict
with any provision of this Agreement.
24. COUNTERPARTS.
This Agreement may be executed in one or more counterparts and each counterpart shall, for all
purposes, be deemed an original, but all such counterparts shall together constitute one and the same
instrument.
25. WARRANTY OF SERVICES.
Vendor warrants that its services will be of a high quality and conform to generally prevailing
industry standards.City must give written notice of any breach of this warranty within thirty(30)days from
the date that the services are completed. In such event, at Vendor's option, Vendor shall either (a) use
commercially reasonable efforts to re-perform the services in a manner that conforms with the warranty,or
(b)refund the fees paid by City to Vendor for the nonconforming services.
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. 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 from the date of conception, creation or
fixation of the Work Product in a tangible medium of expression (whichever occurs first). Each
copyrightable aspect of the Work Product shall be considered a "work-made-for-hire" within the meaning
of the Copyright Act of 1976, as amended. If and to the extent such Work Product, or any part thereof, is
not considered a "work-made-for-hire" within the meaning of the Copyright Act of 1976, as amended,
Vendor hereby expressly assigns to City all exclusive right, title and interest in and to the Work Product,
and all copies thereof,and in and to the copyright,patent,trademark,trade secret,and all other proprietary
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rights therein, that City may have or obtain, without further consideration, free from any claim, lien for
balance due,or rights of retention thereto on the part of City.
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 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 NAME OR OWNERSHIP
Vendor shall notify City's Purchasing Manager, in writing, of a company name, ownership, or
address change for the purpose of maintaining updated City records.The president of Vendor or authorized
official must sign the letter. A letter indicating changes in a company name or ownership must be
accompanied with supporting legal documentation such as an updated W-9, documents filed with the state
indicating such change, copy of the board of director's resolution approving the action, or an executed
merger or acquisition agreement. Failure to provide the specified documentation so may adversely impact
future invoice payments.
30. PROHIBITION ON CONTRACTING WITH COMPANIES THAT BOYCOTT ISRAEL
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 with 10 or more full-time employees that
has a value of$100,000 or more that is to be paid wholly or partly from public funds of the City 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 term "boycott Israel" has the
meaning ascribed to it by Section 808.001 of the Texas Government Code. The term"company"has the
meaning ascribed to it by Section 2270.001 of the Texas Government Code. To the extent that Chapter
2270 of the Government Code is applicable to this Agreement, by signing this Agreement, 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 this Agreement.
(signature page follows)
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement to be effective on
the dates set forth in Section 2.
ACCEPTED AND AGREED:
CITY OF FORT WORTH:
CONTRACT COMPLIANCE MANAGER:
By signing I acknowledge that I am the person
Dana 9UY6 L4_of±
responsible for the;:monitoring and administration of
BY: Dana Burghd off g 12,202012:29 CDT) this contract, including ensuring all performance and
Name: Dana Burghdoff reporting requirements.
Title: Assistant City Manager
08/12/2020 .t9 �5i2
Date: Bv: Alan Shuror(Aug 7,202020:39 CDT)
Name: Alan Shuror
APPROVAL RECOMMENDED: Title: Sr.Administrative Services Manager
c te11e Coke APPROVED AS TO FORM AND LEGALITY:
By:
Steve Cooke(Aug 12,2020 09:11 CDT)
Name: Steve Cooke
Title: Property Management Director I R�,4. M-rhAckwp
By: Richard A.McCracken(Aug 12,202012:22 CDT)
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ATTEST: p F°°°°°°°°°�oppd Name: Richard McCracken
oho Title: Assistant City Attorney
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°o °°° �d CONTRACT AUTHORIZATION:
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By:
Name: Mary Kayser Form 1295 Certificate#:2020-636868
Title: City Secretary
VENDOR:
Jeanie Ladell, Inc. yy�� ATTEST:
By: LLA"
Name: C`f5 U I Arloahe L By.
Title: �P (�I bU.'�11� Name: 11)
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OFFICIAL RECORD
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EXHIBIT A
SCOPE OF SERVICES
1.0 GENERAL REQUIREMENTS
1.1 Vendor shall be responsible for the collection of scrap metal such as, but not
limited to: brass, copper, steel, aluminum, cast, pot metal at multiple locations
identified by the City of Fort Worth.
1.2 Vendor shall be responsible for the sale of various scrap metal and mixed-metal
materials collected from the City of Fort Worth according to varying timeframes:
(1) monthly pickup, (2) on-call pickup requiring 48 hour response, and (3)
emergency pickup requiring 24 hour response.
1.3 The collection and purchase of metal materials shall be established on the best
available market price based on the American Metal Market Publication (AMM)
published by American Metal Market LLC, Houston Prices, low side, at or plus
percent(%), a pre-established weighing and accounting method.
2.0 TYPES OF SCRAP METAL AND INVENTORY EXAMPLES
2.1 Metal types and examples of inventory listed in Section 2.2 are a representation of
what may be in the City's scrap metal collection at any given time,but not limited
to:
2.2 TYPES OF SCRAP METAL AND EXAMPLES
TYPES OF SCRAP METAL
Aluminum Carbide
Brass Copper
Iron Iron
Steel Nickel
Tin Titanium
EXAMPLES OF INVENTORY
ALUMINUM METAL
A.C. compressor Evaporators
A.C. lines A.C. lines
Accumulators Rotors
Condensers Engines
Coolers Window regulators
Engine Seat frames
Evaporators Rims
Oil pans Vehicle body parts
Radiators Wiper motors
Rims Wiper arms
Rotors Blower motors
Seat frames Compressors
Turbo Nuts
Vehicle body parts Bolts
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Window regulators HVAC units,
Wiper motors Wire
Wiper arms
Duct
Window/door frames
2.3 The City will remove fluids/gases from all items placed into the scrap metal bins.
3.0 COLLECTION SERVICES
3.1 Vendor shall conduct all service work during normal business hours, which are
7:30 a.m. to 11:30 p.m. Monday through Thursday and 7:30 a.m. to 3:30 p.m. on
Fridays unless expressly authorized by the Fleet Service Center Supervisor(s) or
their designee. Any deviation from this timeframe shall require written approval
from the Fleet Service Center Supervisor(s)or their designee.
3.2 Vendor shall follow frequency schedule referenced in Section 4.3. Vendor shall
remove bin containing scrap metal and replace with an empty container during the
same visit.
3.3 Vendor shall notify City personnel before arriving to perform collection duties.
Vendor shall also notify City personnel when leaving the City premises.
3.4 Vendor shall provide devices, such as safety cones or personnel with safety flags
if operating motorized equipment such as forklifts,to remove scrap metal.
3.5 Vendor shall be responsible for any damages to City property during the course of
the loading and removal of scrap metal.
3.6 Vendor shall ensure that all personnel involved in the scrap metal collection
process shall have all required licenses and training for the operations related to
the functions and duties of this agreement.
3.7 Vendor shall keep their certifications and/or licenses up to date throughout life of
this agreement. Current copies shall be submitted to the City.
3.8 Vendor shall carry,maintain and provide a current certificate of insurance prior to
commencing work.
3.9 Vendor shall be responsible for sorting and dividing all scrap metal for removal,
shipment, disposal, and perform these duties while adhering to all Federal, State
and Local laws and procedures.
3.10 Vendor shall provide any and all necessary equipment,tools,and labor to perform
the functions of sorting, cutting,loading and transporting of all scrap metal.
3.11 Vendor shall be responsible for loading and picking up items from ground level
and in recycling containers.
3.12 Vendor shall, in addition to monthly pickup,be available for on-call services and
required to use a trailer or truck for immediate loading and removal of scrap metal
from City locations.
3.13 Vendor shall keep the City's yard(s) and areas in a clean and orderly condition
while performing the duties of this agreement. Vendor must not create unsafe
conditions for others working in the area and must leave the collection area in a
clean condition when finished with the work.
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Cyclone Aluminum Page 13 of 19
CSC No.54302
4.0 RESPONSE TIMES AND LOCATIONS
4.1 Vendor shall respond and begin any work required during regular business hours
within a maximum of 48 hours or less by mutual agreement from time services are
requested. Requested emergency response shall be within maximum of 24 hours
or less by mutual consent. Regular business hours are noted in Section 3.1 above.
4.2 Vendor shall notify the City Department requesting service(s) within 24 hours if
Vendor is unable to perform service(s) properly, on schedule or of any other
failure. Upon completion of service(s)request,any failures by Vendor and reason
for failure shall be indicated in reports submitted to the City Department requesting
the service.
4.3 The City has multiple locations that house scrap metal. These areas will not
accommodate roll-off containers and require the Vendor to manually load the scrap
metal on a trailer or truck. The City will provide a current listing of all facilities
that require the collection of various scrap metal and other miscellaneous
materials. This list may be modified.
4.3.1 CITY SCRAP METAL PICK UP FOR PMD LOCATIONS:
NAME LOCATION QUANTITY FREQUENCY
OF BINS
Brennan Body Shop 2400 Brennan Ave. I IX,per month
Fort Worth,TX 76106
James Ave. Service 5001 James Ave I IX,per month
Center Fort Worth,TX 76115
James Ave. Service 5021 James Ave I IX,per month
Center Fort Worth,TX 76115
(Heavy Duty&Light
Du
North Service Center 317 Hillshire Dr. I IX,per month
Fort Worth,TX 75052
Bin pickup: Southwest
corner of shop
Southside Service 4100 Columbus Tr. I IX,per month
Center Fort Worth,TX 76133
Water Service Center 2222 W. Daggett St I 1X,per month
Fort Worth,TX 76104
Facility& All within Fort Worth city I On-call
Construction Sites limits
Emergency Response All within Fort Worth city I As needed
Locations limits
5.0 PAYMENTS
5.1 The request for these services may vary according to the needs of the City. The
City is only obligated to pay for services actually ordered by an authorized City
employee and then received and accepted as required by the City.
5.2 All checks should be submitted directly to the requesting department. It is the
responsibility of the Vendor to get the name of the responsible person, telephone
Page 14 of 19
CSC No.54302
numbers and address of the department at the time the service is requested. The
requesting department is required to issue a purchase order release number to the
Vendor prior to ordering services.
6.0 REVENUE TO THE CITY
6.1 Monies paid to the City of Fort Worth will be based on the American Metal Market
Publication(AMM)published by American Metal Market LLC, Houston Prices,
low side, at or plus percent(%).
6.2 Vendor shall be responsible for submitting a copy of the AMM reference sheet for
each day of collection that corresponds to the price paid for each of the scrap metal
collected on the specified day. It is understood that AMM is published daily and
the purchase price will be determined by referencing the price listed on the day the
material(s)were collected.The documentation for each collection date must match
the date of the AMM published price referenced on the respective price payment
memo to the City.
6.3 Vendor must submit a monthly tabulation sheet to the City with each payment
delivered to the City.Vendor shall note the following information on each monthly
tabulation sheet:
6.3.1 The date of collection;
6.3.2 Location of collection;
6.3.3 Spreadsheet Matrix with columns of the various scrap metals stating the
type,weight and amount to be paid to the City;
6.3.4 Scale Ticket Number;
6.3.5 Scale Location; and
6.3.8 Delivery Site Scale Number
6.4 Payment for all collected materials shall be based on weight. It is the Vendor's
responsibility to ensure the scrap metal is weighed on the same day of collection
by 4:00 pm with an independent third-party state certified scale at the scrap
depository/processor.
6.5 Rejected material by the Vendor for payment is subject to audit by City personnel
at any given time without notice.
6.6 Vendor shall pay the City within thirty (30) days of the collection date of each
batch of scrap metal collected.
6.7 The City reserves the right to transport scrap metal directly to a recycling location,
other than Vendor's,using their own equipment and personnel.This is an optional
process and not the standard method by which the City departments will handle
their scrap metal processing.
7.0 REQUIRED EQUIPMENT
7.1 Vendor shall have all equipment and tools necessary to perform all requirements
of this agreement such as but not limited to carts,dollies,boxes,lifting equipment,
trucks and trailers.
7.2 City reserves the right to inspect all Vendor's facilities, equipment and tools used
in performance of agreement before, during and after award of agreement and
Scrap Metal-Vendor Services Agreement
Cyclone Aluminum Page 15 of 19
CSC No.54302
during performance of agreement. Vendor must agree that unannounced/surprise
inspections can be carried out by authorized employees representing City
Departments.
7.3 Vendor's facilities,equipment and tools shall remain current throughout life of this
agreement being fully maintained, clean, in good working condition, suitable for
the intended purpose and operated by fully qualified licensed personnel.
7.4 Elevator use or any other lifting equipment shall be at discretion of the City.
Should elevators or lifting equipment be allowed, all surfaces shall be protected
from damage. Care shall be given to not overload and/or exceed equipment
capacity.
Scrap Metal-Vendor Services Agreement
Cyclone Aluminum Page 16 of 19
CSC No.54302
EXHIBIT B
PRICE SCHEDULE
Vendor shall pay City the Unit Price per pound as outlined below. For Line 6,the unit price is per pound
and the total price is per ton:
Dine Detaiis
Line; l
bescflpncn:_ Ory Unit UndtPHoe TOMI
S rilr.of a!:rz�}AjUlutm at ct pJis(*)percent 9.00 EA
i,1 �: err P4 A
Line; 2
dese lion: _ Qty Ltr,k_ .-LrnllPrlca.— Taal_
.$Ile 0:CatalyRlc CanverWs et or plus(11 1.00 EA
pwvml
Line- 3
Oescrlptfo- Q7f —I nK UnktPrlcs Tgtal
$ale aI nlslnless Steel e0.ar 1.00 EA
Linn, 4
Dascriptlolr:.—__—_ — $4f Link Ui Pnce TQWI
5see of EL-LtwMatam at or
�,- E7 _.
Llr.�; s
O+e�criptlon. gy Unlit — — - UnNPnc�_v T !
S81e of whale Tranarnimlem at $.a0 fA �—
Lane, B
Qiv nit unNPrlo� 7nlel
Sale Mme-d hketela at or plue H percent 1.00 EA
Lire; 7
DeazdpNnm: _ Qkyr Urdt unfAPrk* Tolel
$ale of Miscellaneous,Materiels Iwnod, 1.00 CA
glass,otc-)ai ar 0W.(41 peraeol _°U 14S I LYL� ]J,(�
UnQ; 8 I �"
Description:.-..._. Qlw Unit ..�nkedo. T TOW
1=eeS for L,'611ia an 1-Op EA _ ---.
Lyre: 9
DU:FGIiPllvrr sty Unit_ Uni1Pr15P 1qt
Transporiatrn Cosl 1.00 EA
total Bid Amount! ` Q
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Cyclone Aluminum Page 17 of 19
CSC No.54302
Line Item Description Quantity Unit of Unit price
Measure
Line Item 10: Sale of Brass at or Each
plus (+) percent (%)
% L .
Line Item 11: Sale of Capper at or 1 Each
plus (+) percent{°!o} i} r
'5-y,, C�
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Cyclone Aluminum Page 18 of 19
CSC No.54302
EXHIBIT C
VERIFICATION OF SIGNATURE AUTHORITY
JEANIE LADELL, INC.
P.O. BOX 1408
AZLE, TX 76098
Execution of this Signature Verification Form ("Form") hereby certifies that the following individuals
and/or positions have the authority to legally bind Vendor and to execute any agreement, amendment or
change order on behalf of Vendor. Such binding authority has been granted by proper order, resolution,
ordinance or other authorization of Vendor. City is fully entitled to rely on the warranty and representation
set forth in this Form in entering into any agreement or amendment with Vendor. Vendor 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 Vendor.
1. Name;)AMP-S A &e tMl
Position:V p-Duu-
Sigiliture
2. Name UA,
P it. V P- -TL
Signature
3. Name:
Position:'Li, Sal-—WYi eA✓
ignature
Name:
ignature of Vresident/CEO
Other Title:
Date: r7 31 0,ZQ
Vendor Services Agreement—Exhibit C Page 19 of 19
8/14/2020 M&C Review CSC No.54302
Official site oT me ury oT rorc worm,Texas
CITY COUNCIL AGENDA FORTWORTII
DATE: 8/4/2020 REFERENCE **M&C 20- LOG NAME: 1320-0143 SCRAP METAL
NO.: 0480 SERVICES LSJ PMD
CODE: P TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT. Authorize the Execution of a Revenue Agreement with Jeanie Ladell, Inc. d/b/a Cyclone
Aluminum for Scrap Metal Collection and Sales for Various City Departments Through the
Property Management Department (ALL COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council authorize the execution of a revenue agreement with Jeanie
Ladell, Inc. d/b/a Cyclone Aluminum for scrap metal collection and sales for various City departments
through the Property Management Department and authorize four annual renewal options.
DISCUSSION:
The Property Management Department (PMD) approached the Purchasing Division for assistance with
securing an agreement for scrap metal collection and sales that will be performed on an as-needed
basis. Purchasing Staff issued an Invitation to Bid (ITB)that consisted of detailed specifications
describing services to be performed under this Revenue Agreement (Agreement).
BID ADVERTISEMENT - This Bid was advertised in the Fort Worth Star-Telegram on May 27, 2020,
June 3, 2020 and June 10, 2020. Thirteen vendors were solicited from the purchasing vendor
database; a sole response was received. The Purchasing Division made attempts to contact potential
vendors to determine why only one bid was received. The vendors did not respond to the inquiries.
JEANIE LADELL, INC. d/b/a Cyclone Aluminum will be required to sort and divide all scrap metal for
removal, shipment and disposal. The City will be paid within 30 days of the collection date for each
batch of scrap metal collected. Departments will adhere to the City's current accounting policies and
procedures for processing revenue funds.
PRICE ANALYSIS - Cyclone Aluminum offers prices based on the American Metal Market LLC,
Houston prices, plus markup percentages between 1 and 5 percent. No guarantee has been made
that a specific amount of scrap metal will be sold; however, 101,656 pounds of scrap was collected
from the PMD in fiscal year 2019 which generated a revenue of$2,798.20.
M/WBE OFFICE -A waiver of the goal for MBE/SBE subcontracting requirements was requested by
the Purchasing Division and approved by the M/WBE Office, in accordance with the BDE Ordinance,
because the purchase of goods or services is from sources where subcontracting or supplier
opportunities are negligible.
Upon City Council approval, the Agreement shall begin upon execution of the Agreement and expire
one year from that date.
RENEWAL OPTIONS - This Agreement may be renewed for four additional one-year renewal
periods. This action does not require specific City Council approval provided that the City Council
has appropriated sufficient funds to satisfy the City's obligations during the renewal term.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that upon approval of the above recommendation and execution of
the contract, funds will be deposited to the General Fund. The Property Management Department
(and Financial Management Services) is responsible for the collection and deposit of funds due to the
City.
TO
apps.cfwnet.org/council_packet/mc_review.asp?I D=28049&councildate=8/4/2020 1/2
8/14/2020 M&C Review CSC No.54302
T Fund Departmen7 Account Project Program Activity Budget Reference# Amount
ID I ID I I Year (Chartfield 2)
Fund Department Account Project Program Activity Budget Reference# Amount
F OM ID I I ID I I Year Chartfield 2
Fund Department Account Project Program Activity Budget Reference# Amount
ID ID Year Chartfield 2
Submitted for City Manager's Office by_ Jay Chapa (5804)
Ori g.inatin Department Head: Reginald Zeno (8517)
— g—P Steve Cooke (5134)
Additional Information Contact: Cynthia Garcia (8525)
LaKita Slack-Johbnson (8314)
ATTACHMENTS
apps.cfwnet.org/council_packet/mc_review.asp?ID=28049&councildate=8/4/2020 2/2