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HomeMy WebLinkAboutContract 53778-R1 CSC No. 53778 CSC No.53778-R1 CITY OF FORT WORTH CONTRACT RENEWAL NOTICE January 22, 2021 Leonard's Farm&Ranch Store,Inc. Attn:James Vaughn,President 7321 Camp Bowie Blvd.. Fort Worth,TX 76116 Re: Contract Renewal Notice Contract No. CSC No. 53778,(the"Contract") Renewal Term No. 1: 'April 7,2021 to April 6,2022 The above referenced Contract with the City of Fort Worth expires on April 6, 2021 (the "Expiration Date'j. Pursuant to the Contract, contract renewals are at the sole option of the City. This letter is to inform you that the City is exercising its right to renew the Contract for an additional one(1) year period, which will begin immediately after the Expiration Date. All other terms and conditions of the Contract remain unchanged. Please return this signed acknowledgement letter, along with a copy of your current insurance certificate, to the address set forth below, acknowledging receipt of the Contract Renewal Notice. Failure to provide a signed acknowledgment does not affect the renewal. Please log onto PeopleSoft Purchasing at http://fortworthtexas.pov/purchasing to insure that your company information is correct and up-to-date. If you have any questions concerning this Contract Renewal Notice, please contact me at the telephone number listed below. Sincerely, Brenda Rav, Sr. Contract Compliance Specialist Brenda.MQ,fortworthtexas.gov OFFICIAL RECORD CITY SECRETARY Contract Renewal FT. WORTH, TX CSC No. 53778 ACCEPTED AND AGREED: CITY OF FORT WORTH CONTRACT COMPLIANCE MANAGER: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including 111a ensuring all performance and reporting By: Valerie Washington(Jan26,202114:35C requirements. Name: Valerie Washington Title: Assistant City Manager Date: Jan 26, 2021 By: Mark Rauscher(Jan 22,202117:55 CST) APPROVAL RECOMMENDED: Name: Mark Rauscher By: Jim Davis Title: Assistant Fire Director Title: Fire Chief 1 s Davis(Jan 22,202122:29 EST) a F OR T a� APPROVED AS TO FORM AND ��O°°°00000°a� LEGALITY: 0 ATTEST: P�!�o 0p-��� V o o ° o o �1 ° ° l7n/y da °0000°°°°°° ap ChrisfanherAusfria By: �// $y: Christopher Austria(Jan 26,202114:25CST) Name: Mary Kayser Name: Christopher Austria Title: City Secretary Title: Assistant City Attorney CONTRACT AUTHORIZATION: M&C: 20-0148 (Ordinance No.24089-03-2020) Form 1295 Certification No.: 2020-585510 OFFICIAL RECORD CITY SECRETARY Contract Renewal FT. WORTH, TX CSC No. 53778 Leonard's Farm & Ranch Store, Inc. By: Name: James Vaughn Title: President OFFICIAL RECORD CITY SECRETARY Contract Renewal FT. WORTH, TX DATE(MM/DD/YYYY) Y CERTIFICATE OF LIABILITY INSURANCE 01/22/2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER An ela Lamb Insurance Agency,Inc. CONTACT NAME: g An ela Lamb 9 9 Y, 7001 Confederate Park Rd a1C No Ext:817-361-9864 Fvc,No): Ste 104 E-MAIL ADDRESS: Fort Worth TX 76108 INSURER(S)AFFORDING COVERAGE NAIC# INSURERA:Mesa Underwriters Specialty INSURED Leonard's Farm&Ranch Store INSURERB:Truck Insurance Company 3500 Marquita Dr INSURERC: Fort Worth Tx 76116 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICYNUMBER MM/DD MM/DD COMMERCIAL GENERAL LIABILITYLi EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED CLAIMS-MADE FI OCCUR PREMISES Ea occurrence) ccurrence $ 100,000 A MP014202800100 05/17/2020 05/17/2021 MED EXP(Any one person) $5,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY❑PRa ❑LOC PRODUCTS-COMP/OP AGG $2,000,000 OTHER: $ AUTOMOBILE LIABILITYDID COMBINED SINGLE LIMIT $ Ea accident ANYAUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTYDAMAGE $ AUTOS ONLY AUTOS ONLY Per accident UMBRELLA LIAB OCCUR DO EACH OCCURRENCE $ EXCESS LIAB HCLAIMS-MADE AGGREGATE $ DED F7RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER B ANYPROPRIETOR/PARTNER/EXECUTIVE Y/N A07498469 01/02/2021 01/02/2022 E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBEREXCLUDED? Y❑ N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 E E] DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION City of Fort Worth SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE y THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD City Secretary Contract No. 53778 RE���v�� 202 RFP#20-0040 oaTH � sE RwA�� R W RT'H� T 0 VENDOR SERVICES AGREEMENT Leonard's Farm& Ranch Store,Inc 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 Leonard's Farm&Ranch Store, Inc ("Vendor"), each individually referred to as a"party"and collectively referred to as the"parties." AGREEMENT DOCUMENTS: The Agreement documents shall include the following: 1. This Vendor 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. Repair of small engine service for the City Departments on as needed basis.[simple description of scope of services].Exhibit"A,"-Scope of Services more specifically describes the services to be provided hereunder. 2. Term. This Agreement shall begin on the date signed by the Assistant City Manager below ("Effective Date") and shall expire one year from the effective date("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. 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"B,"—Price Schedule. Total payment made under this Agreement for the [first] year by City shall be in an amount up to Two Hundred and Fifty-One Thousand Dollars and zero cents. Dollars ($251,000.00). Payments for the following years shall be as described in Exhibit B. Vendor shall not perform any additional services or bill for expenses incurred for City not specified by this Agreement unless City requests and approves in writing the additional costs for such services. City shall not be liable for any additional expenses of Vendor not specified by this Agreement unless City first approves such expenses in writing. 4. Termination. OFFICIAL RE� R® -:. @Hg Vendor Services Agreement Page 1 0 B City Secretary Contract No. RFP#20-0040 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 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. 5.3 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 Vendor Services Agreement Page 2 of 13 City Secretary Contract No. RFP#20-0040 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. 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 OFANYMND OR CHARACTER, WHETHER REAL OR ASSERTED, FOR EITHER PROPERTYDAMAGE OR LOSS(INCL UDINGALLEGED 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 Vendor Services Agreement Page 3 of 13 City Secretary Contract No. RFP#20-0040 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, subsequent to which termination City may seek any and all remedies available to City under law. 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 Vendor Services Agreement Page 4 of 13 City Secretary Contract No. RFP#20-0040 (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): $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 Vendor Services Agreement Page 5 of 13 City Secretary Contract No. RFP#20-0040 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 ReEulations. 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 Leonard's Farm&Ranch Store,Inc. Attn: Valerie Washington James Vaughn,President Assistant City Manager 7321 Camp Bowie West Blvd. 200 Texas Street Fort Worth,Texas 76116 Fort Worth,TX 76102-6314 Facsimile: Facsimile: (817)392-8654 With copy to Fort Worth City Attomey'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. Vendor Services Agreement Page 6 of 13 City Secretary Contract No. RFP#20-0040 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. SeverabiH . 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 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. 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 Vendor Services Agreement Page 7 of 13 City Secretary Contract No. RFP#20-0040 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 I-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 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. 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 Vendor Services Agreement Page 8 of 13 City Secretary Contract No. RFP#20-0040 2270 of the Texas Government Code, the City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel;and(2)will not boycott Israel during the term of the contract. The terms"boycott Israel" and "company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this contract,Vendor certifies that Vendor's signature provides written verification to the City that Vendor: (1)does not boycott Israel; and(2)will not boycott Israel during the term of the contract. IN WITNESS WHEREOF,the parties hereto have executed this Agreement in multiples. (signature page follows) Vendor Services Agreement Page 9 of 13 City Secretary Contract No. RFP#20-0040 ACCEPTED AND AGREED: CITY OF FORT WORTH: CONTRACT COMPLIANCE MANAGER: By signing I acknowledge that I am the person W.'i responsible for the monitoring and administration of By. Valerie Washington(Apr 7,2020) this contract,including ensuring all performance and Name: Valerie Washington reporting requirements. Title: Assistant City Manager Date: Apr 7,2020 A. �/'����'�'`' By: Joshua A.Clam(Apr(Apr 6• 2020) Jos ua r:,lark APPROVAL RECOMMENDED: Name: Fire LiMten Title: Fire Lieutenant APPROVED AS TO FORM AND LEGALITY: ✓anne.5 0,gyis By: James Davis(Apr 6,2020) Name: Jim Davis J. a �t0 rc6�tr�rr V z�t Title: Fire Chief By: Christopher A stria(Apr6,2020) Name: Christopher Austria ATTEST: r R T Title: Assistant City Attorney o. CONTRACT AUTHORIZATION: By: .: (Ordinance No. 24089-03-2020) Name: Mary Kayser �c ' fl b i arj 5.' a03L0 j J 1 Title: City Secretary TEX VENDOR: Leonard's Farm&Ranch Store,Inc 7n0i"e 1/n. ter' ByJames Vaughn(Apr 6, 020) Name: James Vaughn Title: President Date: Apr 6,2020 ,20 OFFICUA , f(-'-" CITY SECRE t;. FT. WORTH, Vendor Services Agreement Page 10 of 13 EXHIBIT A SCOPE OF SERVICES Following Pages Vendor Services Agreement—Exhibit A Page 11 of 13 FORT WORTH, CITY OF FORT WORTH BID OFFER Event ID Page Invited: PUBLIC EVENT DETAILS CFWO1-20-0040 1 Event Round Version Submit To: City of Fort Worth 1 1 PURCHASING DIVISION Event Name LOWER LEVEL CITY HALL ITB Small Engine Repair Service 200 TEXAS ST. Start Time Finish Time Fort Worth TX 76102 01 08 2019 08:00:00 CST 01 23 2020 13:30:00 CST United States Email: FMSPurchasingResponses@fortworthtexas.gov .Event Description The City of Fort Worth seeks bids from qualified bidders to establish an annual agreement for Small Engine Repair Service on an as needed basis for the City Departments per the attached specifications.The term of this Agreement shall begin on the date stated in contract(Effective Date)and shall expire one year from the effective date, unless terminated earlier in accordance with the provisions of this Agreement(Initial Term). Upon the expiration of the Initial Term,the Agreement shall renew automatically under the same terms and conditions for up tp four(4)additional one-year periods, unless City or Vendor provides the other party with notice of non-renewal at least 60 days before the expiration of the initial term or renewal period. Terms & Conditions There is no pre-bid conference for this ITB. Bids are solicited for furnishing the supplies,services and equipment as set forth in this solicitation. Completed Bids including one executed original,three copies and one USB flash drive containing electronic versions of all bid documents must be received in the Purchasing Division by 1:30 P.M.,January 23,2020,and then publicly opened and read aloud at 2:00 P.M.in the Council Chambers.Bids must be submitted in a sealed envelope WITH THE BID NUMBER WRITTEN ON THE OUTSIDE OF THE ENVELOPE,addressed to the Purchasing Manager.YOUR BID MUST BE RECEIVED BY THE PURCHASING OFFICE AND TIME STAMPED PRIOR TO THE 1:30 DEADLINE IN ORDER TO BE CONSIDERED. Bids shall be mailed or hand delivered to the following address: City of Fort Worth, Purchasing Division, Lower Level,City Hall,200 Texas Street, Fort Worth,Texas 76102 Bids delivered by special courier(i.e. Federal Express,Special Delivery etc.)are to be marked on the outside of the courier s shipping envelope BID No.20-0040, ITB-SMALL ENGINE REPAIR SERVICE AND MUST BE RECEIVED BY THE PURCHASING OFFICE AND TIME STAMPED PRIOR TO THE 1:30 DEADLINE IN ORDER TO BE CONSIDERED. Late bids will be returned or destroyed;they will not be opened nor considered in the evaluation of the bid. Bids may be withdrawn at any time prior to the official opening.Bids may not be altered,amended or withdrawn after the official opening.The undersigned agrees, if the bid is accepted,to furnish any and all items upon which prices are offered,at the price(s)and upon the terms,conditions and scope/specifications contained in this document.The period for acceptance of this bid will be 90 calendar days after the bid opening date. DOCUMENT NAME-LOCATION Bid Offer Sheet"-Cover Page of Final Bid Document V1 and attached as a separate document Instruction to Bidders-Part 1 of Final Bid Document V1 Purchasing Agreement Specifications- Part 2 of Final Bid Document V1 Standard Purchasing Terms and Conditions- Part 3 of Final Bid Document V1 Scope of Services/Specifications-Part 4 of Final Bid Document V1 Conflict of Interest Disclosure Requirement"-AttachmentA of Final Bid Document V1 Consideration of Location of Bidder's Principal Place of Business""(if applicable)- Attachment B of Final Bid Document V1 Vendor Contact Information""-Attachment C of Final Bid Document V1 How to Register with the City of Fort Worth-Attachment D of Final Bid Document V1 No Bid Sheet-Attachment E of Final Bid Document V1 Vendor Service Agreement(Sample)-Attachment F of Final Bid Document V1 "Required to be completed and submitted.See Section 20.0,Part 2 for all required document submission. Documents are hereby incorporated into this Solicitation by reference,with the same force and effect as if they were incorporated in full text. FORT WORTH. CITY OF FORT WORTH BID OFFER Event ID Page Invited: PUBLIC EVENT DETAILS CFWOI-20-0040 2 Event Round Version Submit To: City of Fort Worth 1 1 PURCHASING DIVISION Event Name LOWER LEVEL CITY HALL ITE Small Engine Repair Service 200 TEXAS ST. Start Time Finish Time Fort Worth TX 76102 01 08 2019 08:00:00 CST 01 23 2020 13:30:00 CST United States Email: FMSPurchasingResponses@fortworthtexas.gov The undersigned, by his/her signature, represents that he/she is submitting a binding offer and is authorized to bind the respondent to fully comply with the solicitation document contained herein.The Respondent, by submitting and signing below,acknowledges that he/she has received and read the entire document packet sections defined above including all documents incorporated by reference,and agrees to be bound by the terms therein. Legal Company Name: Leonard's Farm&Ranch Store, Inc. Company Address: 7321 Camp Bowie West Blvd. City,State,zip: Fort Worth, TX 76116 PeopleSoft Supplier No. 0000001587 Federal ID Number(TIN): 26-3727505 Printed Name of Officer or Authorized Representative: James Vaughn Title: President Signature of Officer or Authorized Representative: Date: 1-22-2020 Email Address: ]vaughn@leonardsfarmstore.com Phone Number: 817-332-2283 PART-4 SCOPE OF SERVICES/SPECIFICATIONS 1.0 DEFINITIONS 1.1 Small Engines and Minor Equipment hereinafter called"Equipment'. 1.2 Parts and Components hereinafter called"parts". 1.3 Repair, Maintenance and Service hereinafter called"service". 1.4 City of Fort Worth hereinafter called"City". 1.5 Successful Bidder, Vendor or Service Company hereinafter called"Contractor". 2.0 SCOPE Work performed consists of equipment, materials, labor, parts and personnel to supply service to City owned equipment. Contractor will also make parts and components available to the City for purchase over the counter to complete minor repairs or maintenance. 3.0 INTENT 3.1 The intent of these specifications is to describe the minimum requirements for an annual agreement for the provision of parts and services for equipment that shall include but not be limited to the following examples: 3.1.1 Push mowers: Cub Cadet,Toro,Snapper 3.1.2 Riding Mowers: Cub Cadet, Toro,Snapper 3.1.3 Deck Mowers: Kubota,Toro 3.1.4 Blowers: Echo,Stihl, 3.1.5 String Trimmers: Stihl, Echo,Weedeater 3.1.6 Edgers: McClane,Stihl 3.1.7 Hedge Trimmers: Stihl,Echo 3.1.8 Pole Saws: Stihl,Echo 3.1.9 Chain Saws: Stihl, Echo,Husqvarna 3.1.10 Concrete Saws: Stihl,Echo 3.1.11 Multi-Purpose Saws: Partner, Husqvarna, Bosch,Makita 3.1.12 Generators: Honda, Briggs&Stratton, Generac, Dewalt,Troybilt 3.1.13 Spreaders/Cutters/Ram: Holmatro 3.1.14 Water Pumps: Honda,Waterous 3.2 Bidder shall submit with their bid package a listing of equipment that Bidder can repair and parts that arein stock. 4.0 RESPONSE 4.1 Contractor shall respond and supply any parts or begin any service required during regular business hours (8:00 AM through 4:00 PM, Monday through Friday, excluding holidays)within 48 hours or less 4.2 Contractor shall respond and supply any parts or begin any emergency service required during regular business hours (8:00 AM through 4:00 PM, Monday through Friday, excluding holidays)within 8 hours or less. 20-0040 Small Engine Repair Service Page 27 of 52 4.3 The City, at its option, may pick up and deliver equipment needing emergency service. 4.3.1 Emergency Service shall be completed within 1 business day. 4.3.2 Emergency service shall be requested by the appropriate supervisoror designated representative. 5.0 GENERAL REQUIREMENTS 5.1 All Bidders shall furnish copies of any certificates and/or licenses required by these specifications or manufacturer evidencing the extent or their authority and show authorization to perform all requirements of this agreement.The successful Contractors awarded the agreement shall keep their certificates and/or license up to date throughout the life of this agreement and submit copies to the City upon request. 5.2 Contractor shall keep accurate records of all equipment parts and components serviced or replaced. Identifying the parts and any other information required by the City. 5.3 Contractor shall notify the City immediately of any parts that have or could fail to operate as designed. Upon completion of services made to parts, any failures and the reason for failure shall be indicated in reports submitted to the City. 5.4 Testing of engines shall be performed to the manufacturer requirements or better. In the absence of manufacturer requirements,testing shall be done, if requested by the City,for detection of any potential internal malfunctions to aid in avoiding major breakdown and costs. 5.5 The City shall have the sole responsibility of declaring the test results acceptable or unacceptable.Any equipment, parts, or components found with unacceptable test results and the reason for being found unacceptable shall be indicated in the records submittedto the City. 5.6 Parts shall be OEM (Original Equipment Manufacturer). Only after market, rebuilt and/or remanufactured parts that meet manufacturer's specifications can be used by mutual agreement of both parties. 5.7 Aftermarket, rebuilt and/or remanufactured parts shall not exceed 75% of new OEM part prices and used parts (if approved by the City)shall not exceed 50% of new OEM prices without City consent. 5.8 Contractor shall tear down equipment to determine the cost of restoration to OEM specifications. Upon completion of the tear down a report shall be made to the City detailing the cost of any service where the estimate exceeds 50% of the replacement cost of the unit.The City contact shall determine if the service will be performed or if the equipment will be replaced. Cost of the service shall not exceed 75% of the replacement cost. 5.9 Contractor shall return all non-serviceable parts, engines and components to the Cityupon request. 6.0 REQUIRED EQUIPMENT AND FACILITIES 6.1 Contractor shall have all equipment,tools, license and certificates to perform all requirements of this agreement. 20-0040 Small Engine Repair Service Page 28 of 52 6.2 The City reserves the right to inspect all equipment,tools and facilities required tobe used in the performance of this agreement before, during and after the award of this agreement. 6.3 Contractor's equipment,tools and facilities shall comply with all manufacturer requirements and shall remain in such compliance throughout the life of thisagreement. 6.4 All equipment,tools, and facilities used in the performance of this agreement shall be fully maintained, clean, in good working condition, suitable for the intended purposeand operated by qualified personnel. 7.0 CONTRACTOR RESPONSIBILITIES 7.1 Contractor shall provide a reasonable ability for the City to pick up engines and parts or drop off any engines or parts on an as needed basis. 7.2 Safety 7.2.1 Contractor must be thoroughly familiar with all safetymeasures pertinent to its operations. 7.2.2 Contractor shall be responsible for instructing its employees in all safety measures and compliance. 7.2.3 Contractor shall at no time permit use of or operation of City ownedengines or parts being serviced in a manner that creates a safety hazard. 8.0 WARRANTY 8.0 Contractor shall provide a warranty to include at a minimum, but not limited to the following: 8.1 In addition to any other warranties in this contract,the Contractor warrants that all work and products supplied under this contract conforms to the contract requirements and is free from any defect in workmanship, equipment, material,or design furnished by the Contractor. 8.2 Contractor agrees to repair or replace promptly, on a one-for-one basis without additional cost to the City of Fort Worth, any and all defective work and products. The City defines"prompt"repair or replacement to be within twenty-four(24) hours after notification by authorized City personnel. 8.3 This warranty shall continue for a period of 90 days from date of acceptanceof products and work by the City. 8.4 Contractor shall remedy at the contractor's expense any non-conforming or defective products or work. In addition,the Contractor shall remedy at Contractor's expense any damage to real or personal property owned by the City of FortWorth,when that damage is the result of a defect of products furnished. 8.5 The Contractor's warranty with respect to products repaired or replaced will run for 90 days from date of installation and acceptance of such by the City. 20-0040 Small Engine Repair Service Page 29 of 52 8.6 The City of Fort Worth shall notify the Contractor,within a reasonable time after the discovery of any failure, defect, or damage. 8.7 If the Contractor fails to remedy any failure, defect, or damage within a reasonable time after receipt of notice,the City of Fort Worth shall have the right to replace, repair, or otherwise remedy the failure, defect, or damage at the Contractor's expense. 8.1 This warranty shall not include failures attributable to accident,fire, or negligence onthe part of City personnel. 20-0040 Small Engine Repair Service Page 30 of 52 EXHIBIT B PRICE SCHEDULE Following Pages Vendor Services Agreement—Exhibit B Page 12 of 13 FORT WORTH CITY OF FORT WORTH BID OFFER Event ID Page Invited: PUBLIC EVENT DETAILS CFW01-20-0040 3 Event Round Version Submit To: City of Fort Worth 1 1 PURCHASING DIVISION Event Name LOWER LEVEL CITY HALL !TB Small Engine Repair Service 200 TEXAS ST. Start Time Finish Time Fort Worth TX 76102 01 08 2019 08:00:00 CST 01 23 2020 13:30:00 CST United States Email: FMSPurchasingResponses@fortworthtexas.gov Line Details Line: 1 Description: Qtv Unit UnitPrice Total Regular Hourly Rate for Repairs(8:00am to 2250.00 HR 5:00pm) $80.00 $180,000.00 Line: 2 Description: Qtv Unit UnitPrice Total Overtime Hourly Rate for Repairs(5:01 pm to 250.00 HR 7:59am weekdays,all day $120.00 Saturdays and Sundays) $30,000.00 Line: 3 Description: Qtv Unit UnitPrice Total Holiday Hourly Rate for Repairs(all City 100.00 HR observed holidays) $160.00 $16,000.00 Line: 10 Description: Qtv Unit UnitPrice Total Pickup/Delivery Fee per Round Trip 250.00 EA $100.00 1$25,000.00 Total Bid Amount: $251,000.00 FORT WORTH. CITY OF FORT WORTH BID OFFER Event ID Page Invited: PUBLIC EVENT DETAILS CFWOl-20-0040 2 Event Round Version Submit To: City of Fort Worth 1 1 PURCHASING DIVISION Event Name LOWER LEVEL CITY HALL � ITB Small Engine Repair Service 200 TEXAS ST. Start Time Finish Time Fort Worth TX 76102 01 08 2019 08:00:00 CST 01 23 2020 13:30:00 CST United States Email: FMSPurchasingResponses@fortworthtexas.gov The undersigned, by his/her signature, represents that he/she is submitting a binding offer and is authorized to bind the respondent to fully comply with the solicitation document contained herein.The Respondent,by submitting and signing below,acknowledges that he/she has received and read the entire document packet sections defined above including all documents incorporated by reference,and agrees to be bound by the terms therein. Legal Company Name: Leonard's Farm&Ranch Store, Inc. Company Address:_7321 Camp Bowie West Blvd. City,State,Zip:Fort Worth, TX 76116 PeopleSoft Supplier No. Federal ID Number(TIN): 26-3727505 Printed Name of Officer or Authorized Representative: James Vaughn Title: President Signature of Officer or Authorized Representative: Date: 1-22-2020 Email Address:_jvaughn@,1eonardsfarmstore.com Phone Number: 817-832-2022 20-0040 Small Engine Repair Service Page 2 of 52 CONFLICT OF INTEREST QUEST[ONNAIRE FORM CIQ For vendor doing business with local governmental entity This questionnaire reflects changes made to the law by fig.23,84th Leg_, Regular Session. OFRCEUSEONLY This questionnaire is being filed in aceardaneewith Chapter 176,Local Govemment Code, Qaie Received by a vendorwho has a business relationship as defined by Section 176.001(1-a)with a.local governmental entftyand the vendor meets requirements under Section 176.006(a). By law this questi'annaire must be filedwith the records administrator of the local governmental entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1),Local.Government Code. A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Ciode.An offense underthis section is a misdemeanor_ Name of vendor who has a business relationship with local governmental entity. Leonard's Farm&Ranch Store,Inc. 2 Check this box If you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.) 3 Name of local government officer aboutwhom the Information in this section is being disclosed. Not Applicable Name of Officer This section(item 3 including subparts A, e, C, & D) must be completed for each officer with whom the vendor has an employment or other business relationship as defined by Section 176.001(1-a),Local Government Code. Attach additional pages to this Form CIQ as necessary- A. Is the local government officer named in this section receiving or likely to receive taxable income,other than investment income,from the vendor? Yes M No B. Is the vendor receiving or likely to receive taxable income,other than investment income„from or at the direction of the bcaf govemment officer named in this section AND the taxable income is not received from the local governmental entity? Yes FX-:S� No C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government officer serves as an officer or director,or holds an ownership interest of one percent or more? Yes No D. Describe each employment or business and family relationship with the local government officer named in this section. 4 1-22-2020 Sign a of vendor doing business with the g rnmental.;i date Adopted 817/2015 20-0040 Small Engine Repair Service Page 32 of 52 ATTACHMENT-B CONSIDERATION OF LOCATION OF BIDDER'S PRINCIPAL PLACE OF BUSINESS Section 2-14 of the Fort Worth Code of Ordinances authorizes the City Council, when considering competitive sealed bids,to enter into a contract for certain purchases with a bidder whose principal place of business is in the corporate limits of the City of Fort Worth and whose bid is within 3 or 5 percent of the lowest bid, depending on the value of the request and goods or services requested, if the lowest bid is from a business outside the municipality and contracting with the local bidder would provide the best combination of price and other economic benefits to the municipality. Requests to be considered a local business must be submitted on this form with bid packages to be considered by the City of Fort Worth. Questions should be addressed to the Purchasing staff listed in the bid or request package. The Fort Worth City Council requires the following information for consideration of location of a bidder's principal place of business. Add additional sheets if needed to provide this information. 1. Locational Eligibility: Principal Place of Business in Fort Worth,Texas. a. Do you have a Fort Worth office? If yes, identify address: Yes,we do have a Fort Worth Office. The Address is the following: 7321 Camp Bowie West Blvd Fort Worth, TX 76116 b. What percentage of estimated gross company sales (worldwide) are sales originating in Fort Worth? "Originating in Fort Worth" shall mean payable at the Fort Worth office. [must exceed 50%] 58 Percent 2. Economic Development opportunities resulting from contract. a. Number of Fort Worth resident-employees? 4 employees b. Amount of City of Fort Worth ad valorem taxes (real and business personal property)paid by company(for prior tax year—Fort Worth office or former location, if Fort Worth office is newly- established)? S 14,761.30 -Year 2019 Certification of information: The undersigned does hereby affirm that the information supplied is true and correct as of the date hereof, under penalty of perjury. Leonard's Farm&Ranh Store, Inc. 1-22-2020 (Company Name (Date) James Vaughn-President (Signature) (Printed Name and Title) 20-0040 Small Engine Repair Service Page 33 of 52 - ATTACHMENT C—VENDOR CONTACT INFORMATION Vendor's Name: Leoanrd's Farm& Ranch Store, Inc. Vendor's Local Address: 7321 Camp Bowie West Fort Worth TX 76116 Phone: 817-332-2283 Fax: 817-877-5246 Email: jvaughn(,a,leonardsfarmstore.com Name of persons to contact when requesting services or billing questions: Name/Title James Vaughn-President Phone: 817-332-2283 Fax: 817-877-5246 Email: jvaughn@leoanrdsfarmstore.com Name/Title Phone: Fax: Email: Name/Title Phone: Fax: Email: Will your company accept P-card payments? XX yes no James Vaughn 1-22-2020 nature Printed Name Date 20-0040 Small Engine Repair Service Page 34 of 52 Bidders Qualifications: Company Name: Leonard's Farm & Ranch Store, Inc. Address:7321 Camp Bowie West, Fort Worth,TX 76116 Background: Leonard's Fam & Ranch Store has been in business in Fort Worth under current ownership for the last 11 years. This business has been in Fort Worth since 1946 under previous ownerships. Current Owner,James Vaughn, has lived in the Fort Worth area since 1996. Owner previously served 5 years in the United States Marine Corp, 1991-1996, Years in Business: 11 years under current ownership Services Provided: Outdoor Power Equipment Sales, Parts, Service, and Warranty. Full Service Dealer for the following brands:Toro,Scag, Gravely,Ariens, Billy Goat, Echo,Shindaiwa, Dr. Power Equipment, Echo, Stihl, Rotary,Stens, Kawasaki Engines, Kohler Engines, Honda Engines, Briggs and Stratton, and Bearcat. 3 fulltime mechanics on duty at Fort Worth location. Leonard's stocks a large inventory of equipment and parts for the brands we carry. We have a 6 full service bay shop for equipment repair. Over 23,000 sqft.facility for outdoor power equipment needs. Certifications: • Stihl Silver Service Qualified • Toro Master Service Dealer • Scag Pro Gold Dealer • Echo/Shindaiwa Signature Dealer • Kohler Service Qualified • Kawasaki Service Qualified References.• 1. Tarrant County Auditors Office 100 E.Weatherford St Fort Worth,TX 76196 Point of Contact: Charelle Bennett Phone: 817-884-1134 Email Address: CNBennett@tarrantcounty.com 2. Tarrant Regional Water District 1022 N. Calhoun Fort Worth,TX 76164 Point of Contact: Kirk Simmons Phone: 817-335-2491 Email Address: kirk.simmons(E)trwd.com 3. Fort Worth ISD 100 N. University Dr. NW 140E University Plaza Bldg. Fort Worth,TX 76107 Point of Contact: Wayne Heppel Phone: 817-740-5569 Email Address:Wayne.HeppelCa@fwisd.org Listing of Equipment Bidder Can Repair and Parts that are in Stock • Toro Equipment& Parts • Gravely Equipment& Parts • Ariens Equipment& Parts • Scag Equipment& Parts • Stihl Equipment& Parts • Echo Equipment& Parts • Billy Goat Equipment& Parts • Shindaiwa Equipment& Parts • Dr. Power Equipment Equipment& Parts • Kawasaki Engines Equipment& Parts • Kohler Engines Equipment& Parts • Honda Engines Equipment& Parts • Briggs&Stratton Engines Parts • Rotary Parts • Stens Parts • Walbro Parts • Zama Parts • Oregon Parts Price List Price List available on Flash Drive FORT WORTH. CITY OF FORT WORTH BID OFFER Event ID Page Invited: PUBLIC EVENT DETAILS CFW01-20-0040 1 Event Round Version Submit To: City of Fort Worth 1 1 PURCHASING DIVISION Event Name LOWER LEVEL CITY HALL ITB Small Engine Repair service 200 TEXAS ST. Start Time Finish Time Fort Worth TX 76102 01 08 2019 08:00:00 CST 01 23 2020 13:30:00 CST United States Email: FMSPurchasingResponses@fortworthtexas.gov Event Description The City of Fort Worth seeks bids from qualified bidders to establish an annual agreement for Small Engine Repair Service on an as needed basis for the City Departments per the attached specifications.The term of this Agreement shall begin on the date stated in contract(Effective Date)and shall expire one year from the effective date,unless terminated earlier in accordance with the provisions of this Agreement(Initial Term). Upon the expiration of the Initial Term,the Agreement shall renew automatically under the same terms and conditions for up tp four(4)additional one-year periods, unless City or Vendor provides the other party with notice of non-renewal at least 60 days before the expiration of the initial term or renewal period. Terms & Conditions There is no pre-bid conference for this ITB. Bids are solicited for furnishing the supplies,services and equipment as set forth in this solicitation. Completed Bids including one executed original,three copies and one USB flash drive containing electronic versions of all bid documents must be received in the Purchasing Division by 1:30 P.M.,January 23,2020, and then publicly opened and read aloud at 2:00 P.M.in the Council Chambers. Bids must be submitted in a sealed envelope WITH THE BID NUMBER WRITTEN ON THE OUTSIDE OF THE ENVELOPE,addressed to the Purchasing Manager.YOUR BID MUST BE RECEIVED BY THE PURCHASING OFFICE AND TIME STAMPED PRIOR TO THE 1:30 DEADLINE IN ORDER TO BE CONSIDERED. Bids shall be mailed or hand delivered to the following address: City of Fort Worth,Purchasing Division, Lower Level, City Hall,200 Texas Street, Fort Worth,Texas 76102 Bids delivered by special courier(i.e.Federal Express,Special Delivery etc.)are to be marked on the outside of the couriers shipping envelope BID No.20-0040, ITB-SMALL ENGINE REPAIR SERVICE AND MUST BE RECEIVED BY THE PURCHASING OFFICE AND TIME STAMPED PRIOR TO THE 1:30 DEADLINE IN ORDER TO BE CONSIDERED. Late bids will be returned or destroyed;they will not be opened nor considered in the evaluation of the bid. Bids may be withdrawn at any time prior to the official opening. Bids may not be altered,amended or withdrawn after the official opening.The undersigned agrees, if the bid is accepted,to furnish any and all items upon which prices are offered,at the price(s)and upon the terms,conditions and scope/specifications contained in ,this document.The period for acceptance of this bid will be 90 calendar days after the bid opening date. �,,,DOCUMENT NAME-LOCATION Bid Offer Sheet"-Cover Page of Final Bid Document V1 and attached as a separate document Instruction to Bidders-Part 1 of Final Bid Document V1 Purchasing Agreement Specifications- Part 2 of Final Bid Document V1 Standard Purchasing Terms and Conditions- Part 3 of Final Bid Document V1 Scope of Services/Specifications-Part 4 of Final Bid Document V1 Conflict of Interest Disclosure Requirement"-Attachment Aof Final Bid Document V1 Consideration of Location of Bidder's Principal Place of Business""(if applicable)- Attachment B of Final Bid Document V1 Vendor Contact Information"-Attachment C of Final Bid Document V1 How to Register with the City of Fort Worth-Attachment D of Final Bid Document V1 No Bid Sheet-Attachment E of Final Bid Document V1 Vendor Service Agreement(Sample)-Attachment F of Final Bid Document V1 "*Required to be completed and submitted.See Section 20.0, Part 2 for all required document submission. Documents are hereby incorporated into this Solicitation by reference,with the same force and effect as if they were incorporated in full text. 20-0040 Small Engine Repair Service Page 1 of 52 FORT WORTH. CITY OF FORT WORTH BID OFFER Event ID Page Invited: PUBLIC EVENT DETAILS CFWO1-20-0040 2 Event Round Version Submit To: City of Fort Worth 1 1 PURCHASING DIVISION Event Name LOWER LEVEL CITY HALL ITB Small Engine Re air Service 200 TEXAS ST. Start Time Finish Time Fort Worth TX 76102 01 08 2019 08:00:00 CST 01 23 2020 13:30:00 CST United States Email: FMSPurchasingResponses@fortworthtexas.gov The undersigned, by his/her signature,represents that he/she is submitting a binding offer and is authorized to bind the respondent to fully comply with the solicitation document contained herein.The Respondent,by submitting and signing below,acknowledges that he/she has received and read the entire document packet sections defined above including all documents incorporated by reference,and agrees to be bound by the terms therein. Legal Company Name: Company Address: City,State,Zip: PeopleSoft Supplier No. Federal ID Number(TIN): Printed Name of Officer or Authorized Representative: Title: Signature of Officer or Authorized Representative: Date: Email Address: Phone Number: 20-0040 Small Engine Repair Service Page 2 of 52 PART-I INSTRUCTION TO BIDDERS 1.0 SOLICITATION 1.1 Review of Documents: Bidders are expected to examine all documents that make up the Solicitation. Bidders shall promptly notify the City of any omission, ambiguity, inconsistency or error that they may discover upon examination of the Solicitation. Bidders must use a complete Solicitation to prepare Bids. The City assumes no responsibility for any errors or misrepresentations that result from the use of incomplete Solicitations. 1.2 Location of Documents: Solicitations are issued by the Purchasing Division. The location and phone number for the Purchasing Division are specified in the advertisement and in the solicitation. 2.0 EXPLANATIONS OR CLARIFICATIONS 2.1 Any explanation, clarification, or interpretation desired by a Bidder regarding any part of the Solicitation must be requested in writing from the Purchasing Division with sufficient time allowed for a written addendum to reach each Bidder before the submission of their Bid. Interpretations, corrections, or changes to the Solicitation made in any other manner are not binding upon the City, and Bidders shall not rely upon such interpretations, corrections or changes. Oral explanations or instructions given before the award of the Contract are not binding. 2.2 Requests for explanations or clarifications may be faxed to the City's Purchasing Division at (817)392-8440. The fax must clearly identify the Buyer's name and the Solicitation number. Any material information given to one Bidder concerning a Solicitation will be furnished by an Addendum to all Bidders who have been issued a Solicitation. 2.3 Unauthorized Communications: Bidders' contact regarding this Invitation to Bid (ITB) with employees or officials of the City other than the Purchasing Manager, the Minority and Women Business Enterprise (M/WBE)Office, or as otherwise indicated in the ITB is prohibited and may result in disqualification from this procurement process. No officer, employee, agent or representative of the Respondent shall have any contact or discussion, verbal or written,with any members of the City Council, City staff or City's consultants, or directly or indirectly through others, seek to influence any City Council member, City staff, or City's consultants regarding any matters pertaining to this solicitation, except as herein provided. Any violation of this prohibition may result in the Respondent being disqualified from the procurement process. Any oral communications are considered unofficial and non-binding with regard to this ITB. 3.0 PRE-BID CONFERENCE-None 4.0 PREPARATION OF BIDS Each Bidder must furnish all information required by a Solicitation on the documents provided. Bids submitted on other than the forms included in the Solicitation shall be considered non-responsive. Any attempt to alter the wording in the Solicitation is ineffective and will result in rejection of the Bid. 4.1 Taxes: Purchases of Goods or Services for City use are usually exempt from City, State, and most Federal Taxes. Bids may not include exempted taxes. The successful Bidder should request a Tax Exemption Certificate from the Purchasing Division. Under no circumstances shall the City be liable to pay taxes for which the City has an exemption under any Contract. 20-0040 Small Engine Repair Service Page 4 of 52 4.2 Brand Name or Equal: If the Solicitation indicates brand name or"equal"products are acceptable, the Bidder may offer an "equal"product and must be prepared to demonstrate those features that render it equal. Final determination of a product as "equal" remains with the City. 4.3 Delivery Time: Delivery time, if stated as a number of days, will be based on calendar days. Time is of the essence in any City purchase. If the indicated date cannot be met or the date is not indicated,the Bidder shall state its best delivery time. 4.4 Free on Board (FOB) Point: Freight Terms shall be FOB Destination, Freight Prepaid and Allowed. The Bidder should quote its lowest and best price,with the goods delivered to the place specified, at the Bidder's expense and risk, and there tender delivery to the City. Bids offering any other delivery terms are not acceptable and may be cause for rejection. 4.5 Prices: 4.5.1 Bids shall be firm priced offers unless otherwise specified. 4.5.2 Pricing shall be entered on the City of Fort Worth Bid Offer(Bid Offer)in ink. 4.5.3 Totals shall be entered in the "Total Price"column of the Bid Offer. 4.5.4 In the event of a discrepancy between unit price and extended price,the unit price shall govern. 4.5.5 Prices shall be offered in the Dollars of the United States of America (or decimal fractions thereof). 4.6 Signature:The Bidder must sign each document in the Solicitation requiring a signature. Any change made to the Bid must be initialed by the Bidder. 4.7 Bid Security: If a bid security is required for this purchase,the requirement will be reflected in the"Specification"section of the bid package. Cashier's check or an acceptable surety bond in the amount indicated in the Notice to Bidders must be submitted at the time the bid is submitted, and is subject to forfeiture in the event the successful bidder fails to execute the contract documents within 10 calendar days after the contract has been awarded. 4.7.1 To be an acceptable surety on the bond: 4.7.1.1 The name of the surety shall be included on the current Department of the Treasury's Listing of Approved Sureties (Department Circular 570); or 4.7.1.2 The surety must have capital and surplus equal 10 times the amount of the bond. The surety must be licensed to do business in the state of Texas. 4.8 Alternate Bids: Bidders may offer an "equal"product as an alternate bid. Final "approved equal"determination remains with the City. 4.9 Proprietary Information: 4.9.1 All material submitted to the City becomes public property and is subject to the Texas Open Records Act upon receipt. 4.9.2 If a Bidder does not desire proprietary information in the bid to be disclosed, each page must be identified and marked proprietary at time of submittal. The City will, to the extent allowed by law, endeavor to protect such information from disclosure. The final decision as to information that must be disclosed lies with the Texas Attorney General. 20-0040 Small Engine Repair Service Page 5 of 52 4.9.3 Failure to identify proprietary information will result in all unmarked sections being deemed non-proprietary and available upon public request. 4.10 Bid Preparation Costs:All costs associated with preparing a Bid in response to a Solicitation shall be borne by the Bidder. 4.11 Payments:All payment terms shall be"Net 30 Days"unless otherwise specified in the bid document. 4.11.1 Successful bidders are encouraged to register for direct deposit payments prior to providing goods and/or services using the forms posted on the City's website at http://www.fortworthgov.org/purchasinq/, click on"Automated Clearing House Setup" 5.0 SUBMISSION OF BIDS 5.1 Bid document: Unless otherwise specified, Bidders are required to submit a signed executed original and one scanned copy in flash drive. Bids must be submitted in a sealed envelope with the bid number written on the outside of the envelope. 5.2 Documents required with Bid:The following documents must be submitted with each Bid prior to the Due Date: 5.2.1 The completed and signed Bid Offer; 5.2.2 Price List, if applicable; and 5.2.3 Any other document included in the Solicitation requiring completion or execution by the Bidder. 5.3 Addenda: Receipt of an Addendum must be acknowledged by signing and returning the Addendum with the Bid if requested or under separate cover prior to the Due Date and Time. Addenda containing bid pricing should be returned in a sealed envelope marked on the outside with the Bidder's name, address,the Solicitation number, and the Due Date and time. 5.4 Late Bids: Bids must be received in the Purchasing Division prior to the Due Date and Time. All Bids received after the Due Date and Time are considered late and will be returned to the Bidder unopened. The time stamp clock on the receptionist's desk in the Purchasing Division is the time of record. It is the sole responsibility of the Bidder to ensure timely delivery of the Bid to the Purchasing Division. The City will not be responsible for failure of service on the part of the U.S. Postal Office, courier companies, or any other form of delivery service chosen by the Bidder. Bids delivered to a City location other than the Purchasing Division will not be considered. The Bid must be received by the Purchasing Division and stamped before deadline to be considered. 6.0 MODIFICATION OR WITHDRAWAL OF BIDS 6.1 Modification of Bids: Bids may be modified in writing at any time prior to the Due Date. 6.2 Withdrawal of Bids: Bids may be withdrawn in writing, or by facsimile (provided that the facsimile is signed by the Bidder)at any time prior to the Due Date. A Bid may also be withdrawn in person by a Bidder, provided the withdrawal is made prior to the Due Date. A receipt of withdrawal must be signed by the Bidder. No Bids may be withdrawn after the Due Date without forfeiture of the Bid guarantee, unless there is a material error in the Bid. Withdrawn Bids may be resubmitted,with or without modifications, prior to the Due Date. The City may require proof of agency from the person withdrawing a bid. 20-0040 Small Engine Repair Service Page 6 of 52 7.0 OPENING OF BIDS The Purchasing Division representative responsible for opening Bids shall personally and publicly open all Bids timely received, reading each bid aloud. 8.0 EVALUATION FACTORS AND AWARD 8.1 Evaluation: Bidders may furnish pricing for all or any portion of the Solicitation (unless otherwise specified). However,the City may evaluate and award the Contract for any item or group of items shown on the Solicitation, or any combination deemed most advantageous to the City. Bids that specify an"all or none" award may be considered if a single award is advantageous. 8.2 Award. The Method of Award is detailed in Section 19 in Part 2 Purchasing Agreement Specifications 8.3 Acceptance of Bid:Acceptance of a Bid will be in the form of a Purchase Order or a Contract. Subsequent purchase releases may be issued as appropriate. The contents of a Bid shall become a part of the Contract. Under no circumstances will the City be responsible for Goods or Services provided without an acceptance signed by an Authorized City Representative. 8.4 Reservations:The City expressly reserves the right to: 8.4.1 Specify approximate quantities in the Solicitation; 8.4.2 Extend the Solicitation opening date and time; 8.4.3 Consider and accept alternate Bids, if specified in the Solicitation,when most advantageous to the City; 8.4.4 Waive as an informality, minor deviations from specifications provided they do not affect competition or result in functionally unacceptable goods or services; 8.4.5 Waive any minor informality in any Bid or Solicitation procedure(a minor informality is one that does not affect the competitiveness of the Bidder); 8.4.6 Add additional terms or modify existing terms in the Solicitation; 8.4.7 Reject a bid because of unbalanced unit prices bid; 8.4.8 Reject or cancel any or all Bids; 8.4.9 Reissue a Solicitation; 8.4.10 Procure any item by other means; and/or 8.4.11 Award to multiple vendors on a non-exclusive award basis, or primary and secondary vendors. 9.0 POST-BID DOCUMENTS REQUIRED FROM BIDDERS 9.1 Certificates of Insurance:When insurance is required,the successful Bidder must provide Certificates of Insurance in the amounts and for the coverages required to the Purchasing Office within 14 calendar days after notification of award, or as otherwise required by the Solicitation. 20-0040 Small Engine Repair Service Page 7 of 52 9.2 Payment and/or Performance Bonds:When Payment and/or Performance Bonds are required,the successful Bidder must provide the bonds, in the amounts and on the conditions required,within 14 calendar days after notification of award, or as otherwise required by the Solicitation. 9.3 Minority Business Enterprise(MBE) Documents: If an MBE goal has been established for the bid,the applicable documents must be submitted by all bidders wishing to continue in the bid evaluation process within two(2) City business days after the bid opening date, exclusive of the bid opening date,to the City location specified in the bid. Bidders shall obtain a receipt from the appropriate department as evidence that the City received the documentation. 9.4 Certificate of Interested Parties Form 1295: If the Purchase Agreement must be approved by the City Council before execution,the successful bidder is required to complete the Certificate of Interested Parties Form 1295 and submit the form to the Purchasing contact listed in the solicitation before the purchase/contract will be presented to the City Council. The form may be completed at https://www.ethics.state.tx.us/whatsnew/elf info form1295 htm. 10.0 PROTEST PROCEDURE 10.1 Vendors who respond to Invitations to Bid have the right to protest the solicitation process or the bid award if they believe that there has been any impropriety or unfair criteria in the process. 10.2 The vendor must submit any protest in writing to the Purchasing Manager within 14 days after the vendor knows, or should have known, of the facts relating to the proposed action or award. 10.3 The Purchasing Manager, or designee, is authorized to resolve a protest concerning a purchasing action through telephone discussions, mail, email or in person meetings with the protesting vendor. 10.4 After discussions or meetings,the Purchasing Manager or designee will issue a decision in writing, state the reasons for the action taken and inform the protesting vendor of the right to review by a panel made up of City staff. 10.5 A City protest review panel will consist of an Assistant City Attorney, a representative of the operating department, the Purchasing Manager and any other appropriate personnel or employees of the operating department. 10.6 If the panel is unable to resolve the protest, or if the panel makes a decision with which the vendor does not agree,the protesting vendor will be invited to attend the City Council meeting at which the recommended award is to be presented to the City Council and make known his/her concerns. The protesting vendor will be instructed to arrive prior to the start of the City Council meeting and complete a card requesting to speak concerning the particular Mayor and Council Communication document(M&C)in question. 10.6.1 Vendors wishing to speak before the City Council should review the rules for registering to appear before City Council located at: http://fortworthtexas.aov/citvsecretary/info/default.aspx?id=2914 on the City's website. 20-0040 Small Engine Repair Service Page 8 of 52 11.0 COOPERATIVE PURCHASING 11.1 Should other governmental entities decide to participate in this contract, bidder,shall indicate in their proposals whether they agree that all terms, conditions, specification, and pricing would apply. 11.2 If the successful bidder agrees to extend the resulting contract to other governmental entities,the following shall apply: Governmental entities within utilizing Contracts with the City of Fort Worth shall be eligible, but not obligated,to purchase material/services under this contract(s)awarded as a result of this solicitation. All purchases by governmental entities other than the City of Fort Worth shall be billed directly to that governmental entity and paid by that governmental entity. The City of Fort Worth shall not be responsible for another governmental entity's debts. Each governmental entity shall order its own material/services as needed 20-0040 Small Engine Repair Service Page 9 of 52 PART—2 PURCHASING AGREEMENT SPECIFICATIONS 1.0 SCOPE 1.1 The City of Fort Worth (City)seeks bids to finalize an Agreement for small engine repair service for City Departments on an as needed basis.The successful bidder(s), known hereafter as"Contractor"/"Vendor." 1.2 The term of this Agreement shall begin on the date stated in Purchase Order("Effective Date")and shall expire one year from the effective date, unless terminated earlier in accordance with the provisions of this Agreement.This Agreement may be renewed automatically under the same terms and conditions for four additional one year periods, unless City or Vendor provides the other party with notice of non-renewal at least 60 days before the expiration of the initial term or renewal period. 1.3 Following the award, additional services of the same general category that could have been encompassed in the award of this Agreement, and that are not already on the Agreement, may be added based on the discount bid and price sheet provided with the bid. 1.4 Unit prices shall include all costs associated with the specified work, including but not limited to handling, delivery,fuel charges,fees and certifications fees. No additional charges will be accepted or paid by the City. 1.5 All items supplied resulting from this bid shall be of recent production, unused, and suitable for their intended purpose. 1.6 The submission of a bid by the bidder shall be considered evidence of compliance with these requirements. 2.0 DETAILED SCOPE OF SERVICES/SPECIFICATIONS 2.1 The Vendor hereby agrees to provide the City with requirements attached hereto and incorporated for all purposes incident to this Agreement in Part - 4, Scope of Services/Specifications and Attachment F, Vendor Service Agreement, more specifically describing the services to be provided hereunder. 3.0 CHANGE IN COMPANY NAME OR OWNERSHIP 3.1 The Vendor shall notify the 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 the company 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 do so may adversely impact future invoice payments. 20-0040 Small Engine Repair Service Page 10 of 52 4.0 LAWS, REGULATIONS,AND ORDINANCES 4.1 The Vendor shall be responsible for meeting all Federal: laws, ordinances and regulations; State: laws, ordinance and regulations; County: laws, ordinances and regulations; and City: laws, ordinances, and regulations for safety of people, environment, and property.This includes, but is not limited to, all Federal, State, County, and City Agencies,Administrations and Commissions such as the Environmental Protection Agency(EPA), Occupational Safety and Health Administration (OSHA), and the Texas Commission on Environmental Quality(TCEQ). In the event any law, regulation or ordinance becomes effective after the start of this Agreement,the Vendor is required to comply with new policy.Any mandates requiring the City to comply with new guidelines will also require the Vendor to comply. 5.0 INVOICING REQUIREMENTS 5.1 All invoices should be submitted directly to the requesting department. It is the responsibility of the Vendor to get the name of the responsible person,telephone numbers and address of the department's division at the time the service is requested. 5.2 A properly prepared invoice shall be typewritten or computer printed and shall include the Vendor's name, number and federal tax identification number, invoice number, address, date, service or item description, unit price, extended cost, and City issued purchase order number. Incomplete or inaccurate invoices may result in delayed payments, as they shall be returned to the Vendor for correction and re-submittal. 6.0 UNIT PRICE ADJUSTMENT 6.1 The unit prices may be adjusted for increases or decreases in Vendor's cost during the renewal period but before the effective date of the renewal upon written request from the Vendor. 6.2 The Vendor must submit its price adjustment request, in writing, at least 60 days before the renewal effective period. The Vendor shall provide written proof of cost increases with price adjustment request. 6.3 If the City concludes that the rate increase being requested is exorbitant,the City reserves the right to adjust the rate request, or reject the rate request in its entirety and allow the contract to expire at the end of the contract term. If the City elects not to exercise the renewal option,the Purchasing Division will issue a new solicitation. 6.4 Prices bid shall remain firm for each one-year term of the Agreement and shall include all associated freight and delivery costs. 6.5 Prices offered shall be used for bid analysis and for Agreement pricing. In cases of errors in extensions or totals,the unit prices offered will govern. 6.6 Upon expiration of the Agreement term the successful bidder, agrees to hold over under the terms and conditions of this Agreement for a reasonable period of time to allow the city to re-bid an agreement, not to exceed ninety(90)days.Vendor will be reimbursed for this service at the prior agreement rate(s).Vendor shall remain obligated to the City under all clauses of this Agreement that expressly or by their nature extends beyond and survives the expiration or termination of this Agreement. 6.7 Goods and/or services shall not be suspended by the Vendor without a 30 day prior written notice to the City. 20-0040 Small Engine Repair Service Page 11 of 52 7.0 QUANTITIES 7.1 The quantities listed on the bid solicitation are only estimates based on previous usage and do not indicate intent to purchase or a guarantee of future business. The City of Fort Worth is obligated to pay for only those materials and services actually ordered by an authorized City employee and then received as required and accepted by the City. 8.0 INSURANCE REQUIREMENTS 8.1 The Vendor shall assume all risk and liability for accidents and damages that may occur to persons or property during the prosecution of work under this Agreement. The Vendor shall file with the City of Fort Worth Purchasing Division, prior to the commencement of services, a certificate of insurance documenting the following required insurance. 8.1.1 Failure to provide such information within five (5) calendar days may be grounds for Agreement termination. 8.2 Policies shall have no exclusions by endorsements which nullify the required lines of coverage, nor decrease the limits of said coverage unless such endorsements are approved by the City. In the event a contract has been bid or executed and the exclusions are determined to be unacceptable or the City desires additional insurance coverage, and the City desires the Vendor to obtain such coverage,the contract price shall be adjusted by the cost of the premium for such additional coverage plus 10%. 8.2.1 Statutory Workers' Compensation Insurance and Employer's Liability Insurance at the following limits: $100,000 Each Accident $500,000 Disease—Policy limit $100,000 Disease—Each Employee This coverage may be written as follows: Workers' Compensation and Employers' Liability coverage with limits consistent with statutory benefits outlined in the Texas Workers'Compensation Act(Art. 8308 — 1.01 et seq. Tex. Rev. Civ. Stat.)and minimum policy limits for Employers' Liability of$100,000 each accident/occurrence, $500,000 bodily injury disease policy limit and $100,000 per disease per employee. 8.2.2 Commercial General Liability Insurance including Explosion, Collapse, and Underground Coverage shall be provided as follows: $1,000,000 Each Occurrence $2,000,000 Annual Aggregate Coverage shall include but not be limited to the following: premises/operations, independent vendors, products/completed operations, personal injury, and contractual liability. Insurance shall be provided on an occurrence basis, and as comprehensive as the current Insurance Services Office(ISO)policy. 8.2.3 Auto Liability Insurance shall be provided as follows: $1,000,000 Combined Single Limit Each Accident 20-0040 Small Engine Repair Service Page 12 of 52 A commercial business policy shall provide coverage on "Any Auto", defined as autos owned, hired and non-owned. 8.2.4 The Vendor shall furnish the Purchasing Manager,with a certificate of insurance documenting the required insurance prior to the commencement of services. 8.2.5 Policies shall be endorsed to provide the City of Fort Worth a thirty-(30)day notice of cancellation, material change in coverage, or non-renewal of coverage. 8.2.6 Applicable policies shall also be endorsed to name the City of Fort Worth as an additional insured, as its interests may appear(ATIMA). 9.0 ADDITIONAL INSURANCE REQUIREMENTS 9.1 The City, its officers, employees and servants shall be endorsed as an additional insured on Vendor's insurance policies excepting employer's liability insurance coverage under Vendor's workers' compensation insurance policy. 9.2 Certificates of insurance satisfactory to the City and Worker's Compensation Affidavit must be received before Vendor can begin work. Failure to supply and maintain such insurance shall be a breach of contract. Vendor shall provide complete copies of all insurance policies required by this Agreement. Certificates of insurance must be supplied to: Financial Management Services Department Attention: Purchasing Division Bid#20-0040 200 Texas Street, Fort Worth,Texas 76102 9.3 Any failure on part of the City to request required insurance documentation shall not constitute a waiver of the insurance requirements specified herein. Each insurance policy shall be endorsed to provide the City a minimum 30 day notice of cancellation, non- renewal, and/or material change in policy terms or coverage. A ten (10)day notice shall be acceptable in the event of non-payment of premium. 9.4 Insurers must be authorized to do business in the State of Texas and have a current A.M. Best rating of A:VII or equivalent measure of financial strength and solvency. 9.5 Deductible limits, or self-funded retention limits, on each policy must not exceed $10,000.00 per occurrence unless otherwise approved by the City. 9.6 Other than worker's compensation insurance, in lieu of traditional insurance, City may consider alternative coverage or risk treatment measures through insurance pools or risk retention groups.The City must approve in writing any alternative coverage. 9.7 Workers'compensation insurance policy(s)covering employees of the Vendor shall be endorsed with a waiver of subrogation providing rights of recovery in favor of the City. 9.8 City shall not be responsible for the direct payment of insurance premium costs for Vendor's insurance. 9.9 Vendor's insurance policies shall each be endorsed to provide that such insurance is primary protection and any self-funded or commercial coverage maintained by City shall not be called upon to contribute to loss recovery. 9.10 While the purchase order is in effect,Vendor shall report, in a timely manner,to the Purchasing Department any known loss occurrence that could give rise to a liability claim or lawsuit or which could result in a property loss. 20-0040 Small Engine Repair Service Page 13 of 52 9.11 Vendor's liability shall not be limited to the specified amounts of insurance required herein. 10.0 PERFORMANCE 10.1 Failure of the City to insist in any one or more instances upon performance of any of the terms and conditions of this Agreement shall not be construed as a waiver or relinquishment of the future performance of any terms and conditions, but the Vendor's obligation with respect to such performance shall continue in full force and effect. 11.0 COMPLAINTS 11.1 Complaints processed through the City Purchasing Division are to be corrected within fourteen (14)days of formal notice of complaint.Written response to the Purchasing Division is required. Failure to properly resolve complaints within the fourteen (14)calendar day time period may result in the cancellation of the applicable line item(s)in the price agreement. 12.0 SUBCONTRACTING 12.1 No subcontracting of the work under this Agreement will be allowed without written permission from the City. 13.0 DELIVERY 13.1 Delivery shall be F.O.B. Destination and all other delivery charges shall be included in the unit price. The person placing the order will provide delivery and billing information. No additional charges for expenses,freight, mileage,time, or similar items will be accepted or paid by the City. 13.2 In the event the Vendor is unable to meet the original delivery date(s),the City must be contacted immediately, but prior to the due date, and seek an extension of delivery time. Failure to comply with the delivery terms may be legal grounds for canceling an order(s), or the entire Agreement in accordance with the Termination Clause shown elsewhere in the solicitation. 13.3 Delivery tickets must include the City's Blanket Order Number and the ordering department's Release Number. 13.4 Delivered items that are determined to be defective or not meeting bid specifications shall be picked up and replaced by the Vendor, or the Vendor's designee, at no cost to the City. If the item (s)are not picked up within one (1)week after notification,the item shall become a donation to the City for disposition. 14.0 OMITTED 15.0 OMITTED 16.0 HAZARDOUS CONDITIONS 16.1 The Vendor is required to notify the City immediately of any hazardous conditions and/or damage to City property. 17.0 CONTRACT ADMINISTRATION 17.1 Contract administration will be performed by the City Department. In the event the Vendor fails to perform according to the terms of the agreement,The Department head or his/her designee will notify the Vendor, in writing, of its failures.A meeting may be arranged to 20-0040 Small Engine Repair Service Page 14 of 52 discuss the Vendor's deficiencies. A written cure notice may be prepared giving the Vendor 14 calendar days to cure any deficiency. 17.2 In the event the Vendor continues with unsatisfactory performance,the department will promptly notify the Purchasing Manager who will take appropriate action to cure the performance problem(s),which could include cancellation,termination for convenience or default. If the agreement is terminated for default,the Vendor may be held liable for excess cost and/or liquidated damages. 17.3 The Vendor will be paid only those sums due and owing under the agreement for services satisfactorily rendered, subject to offset for damages and other amounts which are, or which may become, due and owing to the City. 17.4 The City reserves the right to terminate this agreement, or any part hereof,for its sole convenience. In the event of such termination,the Vendor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subVendors to cease work. Subject to the terms of this agreement,the Vendor shall be paid a percentage of the agreement price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Vendor can demonstrate to the satisfaction of the City using its standard record keeping system, have resulted from the termination. However, in no event shall the total of all amounts paid to the Vendor exceed the agreement price.The Vendor shall not be reimbursed for any profits which may have been anticipated, but which have not been earned up to the date of termination. 18.0 BIDDERS QUALIFICATIONS 18.1 The following information must be submitted as part of the bid package and shall be supplied in the following order: 18.1.1 Bidder's background, services provided and number of years in business. 18.1.2 Bidders shall provide evidence that they are duly qualified and capable to fulfill and abide by the requirements listed herein with the bid.The bidder shall demonstrate its ability to secure and perform the services within the delivery requirements specified herein. 18.1.3 In order to receive bid award consideration,the bidder shall maintain sufficient resources to fulfill normal City of Fort Worth requirements. 18.1.4 Bidders shall provide a reference list of a minimum of three (3)current customers (comparable in size)who the bidder has recently supplied subject item(s)on a continuing basis over a recent twelve (12) month period. 19.0 METHOD OF AWARD 19.1 Bids will be evaluated based on the lowest responsive and responsible bidder complying with all of the provisions of the solicitation, provided the bid price is reasonable, and it is in the best interest of the City to accept it. 19.1.1 A responsive bidder is defined to be one who submits a completed bid packet within the stated time deadline and in accordance with the bid specification. 19.1.2 A responsible bidder is defined to be one who demonstrates via responses to the selection criteria his/her ability to successfully deliver the supplies, equipment,or services being procured. 19.2 In order for the City to receive adequate coverage on its requirements as specified in the solicitation,the City reserves the right to make multiple awards. 20-0040 Small Engine Repair Service Page 15 of 52 EXHIBIT C VERIFICATION OF SIGNATURE AUTHORITY LEONARD'S FARM&RANCH STORE,INC 7321 CAMP BOWIE WEST BLVD. FORT WORTH,TEXAS 76116 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: Position: Signature 2. Name: Position: Signature 3. Name: Position: Signature Name: Signature of President/CEO Other Title: Date: Vendor Services Agreement—Exhibit C Page 13 of 13 M&C Review Page 1 of 2 Official site of the City of Fort Worth,Texan CITY COUNCIL AGENDA F RT 4145�_ REFERENCE **M&C 20- 13 SMALL ENGINE DATE: 3/17/2020 NO.: 0148 LOG NAME: REPAIR SERVICE FIRE TT CODE: P TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: Authorize Execution of an Agreement with Leonard's Farm & Ranch Store, Inc. for Small Engine Repair Service in an Annual Amount up to $260,000.00 for the Initial Term, and Authorize Four Annual Renewal Options (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council authorize execution of an agreement with Leonard's Farm & Ranch Store, Inc. for small engine repair service in an annual amount up to $260,000.00 for the initial term, and authorize four annual renewal options. DISCUSSION: The Purchasing Division contacted all City departments to participate in an Invitation to Bid for small engine repair service; six departments responded. The ITB consisted of detailed specifications listing the types of items needed by department and delivery requirements. The agreement will be used to repair and/or maintain City owned equipment such as lawn mowers, blowers and saws. The Bid was advertised in the Fort Worth Star-Telegram on January 8, 2020, January 15, 2020, and January 22, 2020. The City received three bid responses. Bids were evaluated based on the lowest bidder complying with all the provisions of the solicitation. Staff found the lowest bidder to be non-responsive to the bid specifications. Therefore, the City recommends awarding to the next lowest bidder; Leonard's Farm & Ranch Store, Inc. No guarantee was made that a specific amount of these services will be purchased. 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. 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 Contract shall begin on execution and end one year from that date. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that funds are available in the current operating budgets, as appropriated, in the participating departments' Operating Funds to support approval of the above recommendation and award of the contract. Prior to any expenditure being incurred, the participating departments have the responsibility to validate the availability of funds. TO _ Fund Department Account Project Program Activity Budget Reference# Amount ID ID Year (ChartField 2) FROM Fund Department Account Project Program Activity Budget Reference# Amount ID ID I Year Chartfield 2 http://apps.cfwnet.org/council_packet/mc review.asp?ID=27717&councildate=3/17/2020 1/21/2021 M&C Review Page 2 of 2 Submitted for City Manager's Office by: Kevin Gunn (2015) Originating Department Head: Reginald Zeno (8517) Additional Information Contact: Cynthia Garcia (8525) Tempy Thomas (7648) ATTACHMENTS http://apps.cfwnet.org/council_packet/mc review.asp?ID=27717&councildate=3/17/2020 1/21/2021