HomeMy WebLinkAboutContract 55100 CSC No. 55100
FORT WORTH,
VENDOR SERVICES AGREEMENT
This VENDOR SERVICES AGREEMENT ("Agreement") is made and entered into by and
between the CITY OF FORT WORTH ("City"), a Texas home rule municipal corporation and
SUNBELT POOLS, INC. ("Vendor"), a Texas Corporation, 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 and Price Schedule; and
3. Exhibit B—Service Acceptance Form
Exhibits A and B,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 or B 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. The purchase of pool chemicals, supplies, and equipment needed for
city swimming pools, for inspections, and treatment of water chemicals tanks as needed. Labor for the
installation and repair services of swimming pools, equipment, and supplies. Exhibit "A," - Scope of
Services more specifically describes the services to be provided hereunder.
2. Term. This Agreement shall begin on the date signed by the Assistant City Manager below
("Effective Date") and shall expire on May 31, 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(2)one-year renewal options,at City's sole
discretion.
3. Compensation.
a. City shall pay Vendor in accordance with the fee schedule of Vendor personnel who
perform services under this Agreement in accordance with the provisions of this
Agreement and Exhibit"A,"—Scope of Services and Price Schedule. Total payment
made under this Agreement for the [first] year by City shall be in an amount up to
One Hundred Fifty-One Thousand Dollars($151,000.00).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.
Vendor Services Agreement OFFICIAL RECORD
Sunbelt Pools,Inc. CITY SECRETARY
FT.WORTH,TX
b. Prior to submitting an invoice to the City for payment of the applicable Goods and
Service, Vendor must verify the quality of the Goods and Services performed. The
City will review and inspect all Goods and Services to determine their acceptability
and signify acceptance by execution of the Goods and Service Acceptance Form,
which is attached hereto as Exhibit `B". If the City rejects the submission, it will
notify the Vendor in writing as soon as the determination is made listing the specific
reasons for rejection. The Vendor will have ten(10) days to correct any deficiencies,
unless otherwise agreed to by the Parties in writing.Payment to the Vendor will not be
authorized unless the City accepts the Service in writing in the form attached in Exhibit
B. The City's acceptance will not be unreasonably withheld.
c. Following acceptance of the Goods and Service by the City,the Vendor must provide
the City with a signed invoice summarizing(i)the Goods and Service(s)that have been
completed and (ii) requesting payment. If the City requires additional reasonable
information, it will request the same promptly after receiving the above information,
and the Vendor must provide such additional reasonable information to the extent the
same is available. Invoices must be submitted to the City of Fort Worth PARD
Aquatics, attention Cory Stuhmer, 4200 S. Freeway, Suite 2200, Fort Worth, Texas
76115.
d. The City will make payment within thirty(30)calendar days after receipt of an invoice
from the Vendor unless there is a dispute as to the information provided in the invoice
for the Goods and Services.
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.
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
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Sunbelt Pools,Inc.
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 Public Information Act. City is a government entity under the laws of the State of
Texas and all documents held or maintained by City are subject to disclosure under the Texas Public
Information Act.In the event there is a request for information marked Confidential or Proprietary,
City shall promptly notify Seller. It will be the responsibility of Seller to submit reasons objecting
to disclosure. A determination on whether such reasons are sufficient will not be decided by City,
but by the Office of the Attorney General of the State of Texas or by a court of competent
jurisdiction.
5.4 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.
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,Vendors 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.
Vendor Services Agreement Page 3 of 14
Sunbelt Pools,Inc.
8. Liability and Indemnification.
8.1 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.
8.2 GENERAL INDEMNIFICATION- VENDOR HEREBY COVENANTS AND
AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS,
AGENTS,SERVANTS AND EMPLOYEES,FROMAND AGAINST ANYAND ALL CLAIMS
OR LAWSUITS OFANYKIND OR CHARACTER, WHETHER REAL OR ASSERTED, FOR
EITHER PROPERTYDAMAGE OR LOSS(INCLUDINGALLEGED DAMAGE OR LOSS TO
VENDOR'S BUSINESS AND ANY RESULTING LOST PROFITS) AND/OR PERSONAL
INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, ARISING OUT OF OR IN
CONNECTION WITH THIS AGREEMENT, TO THE EXTENT CAUSED BY THE
NEGLIGENT ACTS OR OMISSIONS OR MALFEASANCE OF VENDOR, ITS OFFICERS,
AGENTS,SERVANTS OR EMPLOYEES.
8.3 INTELLECTUAL PROPERTY INDEMNIFICATION — Vendor 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 Vendor bears the
cost and expense of payment for claims or actions against City pursuant to this section,
Vendor shall have the right to conduct the defense of any such claim or action and all
negotiations for its settlement or compromise and to settle or compromise any such claim;
however, City shall have the right to fully participate in any and all such settlement,
negotiations, or lawsuit as necessary to protect City's interest, and City agrees to cooperate
with Vendor in doing so. In the event City, for whatever reason, assumes the responsibility
for payment of costs and expenses for any claim or action brought against City for
infringement arising under this Agreement, City shall have the sole right to conduct the
defense of any such claim or action and all negotiations for its settlement or compromise and
to settle or compromise any such claim; however, Vendor shall fully participate and
cooperate with City in defense of such claim or action. City agrees to give Vendor timely
written notice of any such claim or action,with copies of all papers City may receive relating
thereto. Notwithstanding the foregoing, City's assumption of payment of costs or expenses
shall not eliminate Vendor's duty to indemnify City under this Agreement. If the software
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,Vendor shall, at its own expense and as City's sole remedy, either: (a)procure for
City the right to continue to use the software and/or documentation; or (b) modify the
software and/or documentation to make it non-infringing, provided that such modification
does not materially adversely affect City's authorized use of the software and/or
documentation; or (c) replace the software and/or documentation with equally suitable,
compatible, and functionally equivalent non-infringing software and/or documentation at no
additional charge to City; or(d)if none of the foregoing alternatives is reasonably available
to Vendor terminate this Agreement, and refund all amounts paid to Vendor by City,
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Sunbelt Pools,Inc.
subsequent to which termination City may seek any and all remedies available to City under
law.
9. Assignment and Subcontractinp,.
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
(d) Professional Liability(Errors&Omissions):
Vendor Services Agreement Page 5 of 14
Sunbelt Pools,Inc.
$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.
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.
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
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Sunbelt Pools,Inc.
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 Sunbelt Pools,Inc.
Attn: Assistant City Manager for IT Attn: Rob Morgan,President
200 Texas Street 10555 Plano Road
Fort Worth,TX 76102-6314 Dallas,TX 75238
Facsimile: (817)392-8654 Facsimile: 214 722-5092
Email robm@sunbeltpools.com
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.
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 Maieure. 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
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Sunbelt Pools,Inc.
limited to, compliance with any government law, ordinance or regulation, acts of God, acts of the public
enemy, fires, strikes, lockouts, natural disasters, epidemics, pandemics, wars, riots, material or labor
restrictions by any governmental authority,transportation problems,restraints or prohibitions by any court,
board, department, commission, or agency of the United States or of any States, civil disturbances, other
national or regional emergencies,and/or any other similar cause not enumerated herein but which is beyond
the reasonable control of the Party whose performance is affected (collectively "Force Majeure Event").
The performance of any such obligation is suspended during the period of, and only to the extent of, such
prevention or hindrance, provided the affected Party provides notice of the Force Majeure Event, and an
explanation as to how it hinders the party's performance, as soon as reasonably possible, as determined in
the City's discretion, after the occurrence of the Force Majeure Event. The form of notice required by this
section shall be the same as section 13 above.
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 and B.
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 and B,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. Immieration 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(1-9). 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
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Sunbelt Pools,Inc.
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 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.
29. Electronic Signatures. This Agreement may be executed by electronic signature, which
will be considered as an original signature for all purposes and have the same force and effect as an original
signature.For these purposes,"electronic signature"means electronically scanned and transmitted versions
(e.g.via pdf file or facsimile transmission)of an original signature,or signatures electronically inserted via
software such as Adobe Sign.
30. 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.
31. No Boycott of Israel. If Vendor has fewer than 10 employees or this Agreement is for
less than $100,000, this section does not apply. Vendor acknowledges that in accordance with Chapter
2270 of the Texas Government Code, the City is prohibited from entering into a contract with a company
for goods or services unless the contract contains a written verification from the company that it: (1)does
not boycott Israel;and(2)will not boycott Israel during the term of the contract. The terms"boycott Israel"
and "company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas
Government Code. By signing this contract,Vendor certifies that Vendor's signature provides written
verification to the City that Vendor:(1)does not boycott Israel; and(2)will not boycott Israel during
the term of the contract.
IN WITNESS WHEREOF,the parties hereto have executed this Agreement in multiples.
(signature page follows)
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Sunbelt Pools,Inc.
ACCEPTED AND AGREED:
CITY OF FORT WORTH:
yalBrie wrashina-ton CONTRACT COMPLIANCE MANAGER:
By:Valerie Washington(Dec 2 ,202014:58 CST) By signing I acknowledge that I am the person
Valerie Washington responsible for the monitoring and administration of
Assistant City Manager this contract,including ensuring all performance and
reporting requirements.
Date: Dec 29, 2020
Cry M. Sftidunor
By.Cory VStuhmer(Dec 29,202011:53 CST)
APPROVAL RECOMMENDED: Cory Stuhmer,Athletics Coordinator
Park&Recreation Department
BY. 1 APPROVED AS TO FORM AND LEGALITY:
Richard Zavala,Director
Park&Recreation Department A44--
��LL By:N ico Arias(Dec 29,202014:56 CST)
'�'26 Nico Arias
By:Sandra You n o (Dec 21,2020 11:28 CST) Assistant City Attorney
Sandra Youngblood,Assistant Director
Park&Recreation Department CONTRACT AUTHORIZATION:
M&C: 20-0583 (8/25/2020)
ATTEST: aa�44nn�
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City Secretary az�EXAso°p
VENDOR:
Sunbelt Pools,Inc.
By:/ V
Rob Morgan,President
Date: Dec 21, 2020
Vendor Services Agreement OFFICIAL RECORD
Sunbelt Pools,Inc. CITY SECRETARY
FT.WORTH,TX
EXHIBIT A
SCOPE OF SERVICES AND PRICE SCHEDULE
1. Services will be performed on an as-needed basis at the written request of the City and in the form
of a Work Order.
2. For a Work Order to become effective,it must(1)be signed by a designated representative of the
City and Vendor; (2)be based on the agreed upon Services and prices listed in Exhibit A; (3)list
the start and completion dates for the Service(s); and(4)include a written Notice to Proceed from
the City.
3. Vendor must complete the Service in accordance with the Work Order and the terms of this
Agreement. The Parties may amend the initial work orders upon mutual written agreement.
4. Prior to performing any services under the Agreement, the Vendor and the Director will come to
an agreement on the cost of services and labor.
5. Labor costs will not exceed One Hundred and Twenty-Five Dollars($125.00)an hour.
6. The goods and services that will be provided under this agreement include,but are not limited to,
the goods and services listed in Exhibit A.Additional goods and services may be provided so long
as they fall within the same types of goods and services that are listed.
Scope: Minor and major repairs on swimming pool equipment which include pumps, filters,heaters,
lights,valves and plumbing. Repairs on UV units,controllers,VFDs and more extensive equipment are
included. Structural repairs such as pool decking,plaster, skimmers,main drains and other repairs that
require drilling and heavy machinery. Sunbelt provides new equipment installation and commissioning
(when applicable). Processing and distributing chemicals and swimming pool supplies.
BU 1
Qty Item Retail Price Discount Total
1 Taylor F'^•S-DPG Powder,.25 lb. $40.86 48.17 S32.69
1 Taylor reagent#4-2oz.' $7.04 -$1.41 $5.E3
1 Taylor FAS-DPD Reagent 2 oz. $14.56 -$2.91 S11.B5
1 Taylor reagent#13-2 oz $5.94 -$1.19 $4.75
1 F°S-DPD Powder R-87D 10g' $10.24 -$2.05 $8.t 9
1 Taylor reagent#13-Galion $43.84 $8.77 S35.C•7
1 Case for C kits T,�'i'LOR $42.36 48.47 S33.E9
1 cave only for_75 oz $18.61 $3.72 S14.E9
1 12 pack dpd dipper spoon $2.40 -$0.48 $1.92
1 Test block for K2D06 $13.24 -$2.65 S1o.59
1 Cyanuric mixing bottle $4.19 40.84 $3.35
Vendor Services Agreement-Exhibit A Page 11 of 14
Oty Item Unit Price Discount Total
1 Custom VGB 24x36 frame and grate $964.28 -$192.86 $771.42
1 170FH2A1SUAA Stennerpump $528.93 -$105.79 $423.14
1 Flow sensor.5-4" Signet $573.95 -$114.79 $459.16
Part only.To be billed at 125/M per tech plus drive
1 Flow sensor 5-8" Signet $580.15 -$116.03 $464.12
Part only.To be billed at 125lhr per tech plus drive
1 Totalizer digit battery panel $612.31 -$122.46 $489.85
Part only.To be billed at 125/Ir per tech plus drive
1 Perpendicular 14"comer 90 outside White S236.25 -$47.25 $189.00
Each
1 Perpendicular grate 14 inch White/ft $64.01 -$12.80 S51.21
1 Injection check valve 1/4" $17.34 -$3.47 $13.87
1 MP 2-OD lamp S848.75 -$169.75 $679.00
Part only.To be billed at 1251hr per tech plus drive
082418v
1 Service Call-Trip $0.00 $0.00
To be billed at 1251hr per tech plus drive
1 Walk through assessment $0.00 $0.00
To be bilker at 125Ihr per tech plus drive
1 AT-517 display board $617.51 -$123.50 $494.01
Part only.to be billed at 1251hour per tech plus drive time
1 Stenner pump $381.01 -$76.20 $304.81
1 Granular Chlorine 50#PAIL $132.69 -$26.54 $106.15
RO UN2880
Calcium Hypochlorite
Hydrated Mixture
5.1 PGII
Chemical Emergency Contact Number 800-424-9300
1 Calcium chloride 50# $32.34 -$6.47 S25.87
1 Pump Challenger 1.5hp PTR $996.25 -$199.25 $797.00
1 Munatic Acid 15 gallon DRUM $110.61 -$22.12 S88.49
UN1789
Hydrochloric Acid 8 PGII
Chemical Emergency Contact Number 800-424-9300
1 Nexgen Salt Sensor $0.00 $0.00
ALL CHLORKING PRODUCTS NEED SERIAL NUMBER TO QUOTE ANY PARTS
1 3 inch Trichlor Tabs 50#PAIL $230.95 -$46.19 $184.76
Qty Item Unit Price Discount Total
RQ UN2468
Trir:hloroisocyanuric Acid
Dry 5.1 PGII
Chemical Emergency Contact Number 800-424-9300
1 haywa•d BASKS- $0.00 $0.00
NEED FURTHER INFO,MEASUREMENTS, p/n ,etc...
1 1"flow Meter $0.01D $0.00
Notenough info.IFfor ChlorKing we will need Serial Number of Unit
1 BECSys5 controller O S 1 G P 1 X Fc 3 :': $5.800.00 -$11160.00 $4,640.00
Vendor Services Agreement Page 12 of 14
Sunbelt Pools,Inc.
Detailed Exceptions to
Item Not to Exceed Hourly Information on Hourly Labor
No. Short Description Full Descriptim Labor Rate Hourly Labor Rate Rate
Factory trained
Not to Exceed Hourly tech_ Travel time
Labor Rate for Hourly Labor Rate for Installation/Repair of Swimming Pool is billed at hourly
15 Instal lation/Repair of Water Treabnent Chemicals,Supplies,and Equipment—State s 12500
/Hour rate_
Swimming Pool Water the Not to Exceed hourly labor rate for Installation/Repair Service of
Treatment Chemicals, Equipment and Products.
Supplies,and Equipment
Factory trained
Not to Exceed Hourly tech_ Travel time
Labor Rabe for Hourly Labor Rate for Installation/Repair of Swimming Pool is billed at hourly
16 Installation/Repair of Coatings and Compounds--State the Not to Exceed hourly labor t 1 25'��IHour rate
Swimming Pod Coatings rate for Installation/Repair Service of Equipment and Products.
and Compounds
Vendor Services Agreement Page 13 of 14
Sunbelt Pools,Inc.
EXHIBIT B
SERVICE ACCEPTANCE FORM
Service(s)Performed:
Service Ref. #:
Service Name:
Completion Date:
Service Target Completion Date:
Service Actual Completion Date:
Approval Date:
Comments(if needed):
Approved by Vendor: Approved by City's Project Manager:
Signature: Signature:
Printed Name: Printed Name:
Title: Title:
Date: Date:
For Director Use Only
Contracted Payment Amount:
Adjustments:
Approved Payment Amount:
Vendor Services Agreement—Exhibit B Page 14 of 14
12/9/2020 M&C Review
Official site of the City of Fort Worth,Texas
CITY COUNCIL AGENDA FORTWORTII
DATE: 8/25/2020 REFERENCE**M&C 20- LOG 13PSWIMMING POOL CHEMICALS,
NO.: 0583 NAME: SUPPLIES, AND EQUIPMENT
CODE: P TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT. (ALL)Authorize Execution of Agreements with Sunbelt Pools, Inc. and Leslie's Poolmart,
Inc. for Swimming Pool Chemicals, Supplies and Equipment for City Departments in a
Combined Annual Amount Up to $200,000.00 Using Cooperative Contracts and Authorize
Two Annual Renewal Options
RECOMMENDATION:
It is recommended that the City Council authorize the execution of agreements with Sunbelt Pools,
Inc. and Leslie's Poolmart, Inc. for swimming pool chemicals, supplies and equipment for all City
Departments in a combined annual amount up to $200,000.00 using Texas Association of School
Boards (Buyboard) Contract No. 613-20 and authorize two annual renewal options.
DISCUSSION:
On May 31, 2020, BuyBoard Contract No. 533-17 for swimming pool chemicals, supplies and
equipment expired with no remaining renewals. In lieu of the expired contract, BuyBoard implemented
contract no. 613-20.
The Purchasing Division contacted all City departments to participate in the new cooperative
agreement. The Code Compliance, Parks and Recreation, and Water Departments responded. City
Departments will use the new agreement to purchase pool chemicals, supplies and equipment needed
for City swimming pools, inspections, and treatment of water chemical tanks on an as needed basis.
The contract also includes hourly labor rates for installation and repair services of swimming pools,
equipment and supplies.
Staff recommends awarding non-exclusive agreements to Sunbelt Pools, Inc. and Leslie's Poolmart,
Inc. using Buyboard Contract No. 613-20. No guarantee was made that a specific amount of these
goods will be purchased.
Fund allocation amongst each vendor will be distributed as listed below:
Sunbelt Pools, Inc. $151,000.00
F Leslie's Poolmart, Inc $40,000.00
A MBE/SBE goal is not assigned when purchasing from an approved purchasing cooperative or public
entity.
This agreement will commence upon City Council approval and end May 31, 2021, to coincide with
Buyboard Contract No. 613-20.
State law provides that a local government purchasing an item under a cooperative purchasing
agreement satisfies state laws requiring that the local government seek competitive bids for purchase
of the item. Texas Association of School Boards Buyboard Contracts have been competitively bid to
increase and simplify the purchasing power of government entities.
An administrative change order or increase may be made by the City Manager up to the amount
allowed by relevant law and the Fort Worth City Code and does not require specific City Council
approval as long as sufficient funds have been appropriated.
This agreement may be renewed for up to two additional one year terms in accordance with the terms
and conditions of Buyboard Contract No. 613-20 or applicable successive BuyBoard contracts for the
same services at the City's option. This action does not require specific City Council approval provided
that City Council has appropriated sufficient funds to satisfy the City's obligations during the renewal
terms.
apps.cfwnet.org/council_packet/mc_review.asp?I D=28152&councildate=8/25/2020 1/2
12/9/2020 M&C Review
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that funds are available in the current operating budget, as
previously appropriated, in the participating departments' Operating funds to support the approval of
the above recommendation and execution of purchase agreement. Prior to any expenditure being
incurred, the participating departments have the responsibility to validate the availability of funds.
BQN\\
TO
Fund Department Account Project Program Activity Budget FReference# Amount
ID ID I Year (Chartfield 2)
FROM
Fund Department Account Project Program Activity Budget Reference# Amount
ID ID Year Chartfield 2
Submitted for City Manager's Office by_ Jesus J. Chapa (5804)
Originating Department Head: Reginald Zeno (8517)
Additional Information Contact: Cynthia Garcia (8285)
A'ja Robertson (8585)
ATTACHMENTS
apps.cfwnet.org/council_packet/mc_review.asp?ID=28152&councildate=8/25/2020 2/2