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HomeMy WebLinkAboutContract 55378 CSC No. 55378 FORT WORTH, VENDOR SERVICES AGREEMENT This VENDOR SERVICES AGREEMENT ("Agreement") is made and entered into by and between the CITY OF FORT WORTH("City"),a Texas home rule municipal corporation,acting by and through its duly authorized Assistant City Manager, and TEXAS SPORTS EQUIPMENT, LLC. ("Vendor"), a Texas Limited Liability Company and acting by and through its duly authorized representative,each individually referred to as a"party"and collectively referred to as the"parties." AGREEMENT DOCUMENTS: The Agreement documents shall include the following: 1. This Vendor Services Agreement; 2. Exhibit A—Scope of Services and Price Schedule; and 3. Exhibit B—Service Acceptance Form. Exhibits A and B,which are attached hereto and incorporated herein,are made a part of this Agreement for all purposes.In the event of any conflict between the terms and conditions of Exhibits A or B and the terms and conditions set forth in the body of this Agreement, the terms and conditions of this Agreement shall control. 1. Scope of Services. Vendor will provide and install new Model M200, 5 row by 20 telescopic bleachers at Handley Meadowbrook Community Center.Vendor will remove and dispose of the existing bleachers. Exhibit "A," - Scope of Services and Price Schedule more specifically describes the services to be provided hereunder. Vendor will provide all labor, equipment, and material necessary to perform and complete the Services. 2. Term. 2.1 Initial Term. This Agreement will be binding on the date of execution by the Parties and effective beginning on February 8, 2021 ("Effective Date") and expiring on February 7,2022 ("Expiration Date"),unless terminated earlier in accordance with this Agreement("Initial Term"). 2.2 Renewal Terms. City will have the option, in its sole discretion, to renew this Agreement under the same terms and conditions, for up to four(4) consecutive one-year renewal options(each a"Renewal Term"). 3. Compensation. a. City shall pay Vendor in accordance with the fee schedule of Vendor personnel who perform services under this Agreement in accordance with the provisions of this Texas Sports Equipment,LLC. OFFICIAL RECORD Vendor Services Agreement CITY SECRETARY FT. WORTH, TX Agreement and Exhibit"A,"—Scope of Services and Price Schedule. Total payment made under this Agreement by City shall be in an amount up to Sixteen Thousand and One-Hundred Dollars ($16,100.00). Vendor shall not perform any additional services or bill for expenses incurred for City not specified by this Agreement unless City requests and approves in writing the additional costs for such services. City shall not be liable for any additional expenses of Vendor not specified by this Agreement unless City first approves such expenses in writing. b. Prior to submitting an invoice to the City for payment of the applicable Goods and Service, Vendor must verify the quality of the Goods and Services performed. The City will review and inspect all Goods and Services to determine their acceptability and signify acceptance by execution of the Goods and Service Acceptance Form, which is attached hereto as Exhibit `B". If the City rejects the submission, it will notify the Vendor in writing as soon as the determination is made listing the specific reasons for rejection. The Vendor will have ten(10) days to correct any deficiencies, unless otherwise agreed to by the Parties in writing.Payment to the Vendor will not be authorized unless the City accepts the Service in writing in the form attached in Exhibit B. The City's acceptance will not be unreasonably withheld. c. Following acceptance of the Goods and Service by the City,the Vendor must provide the City with a signed invoice summarizing(i)the Goods and Service(s)that have been completed and (ii) requesting payment. If the City requires additional reasonable information, it will request the same promptly after receiving the above information, and the Vendor must provide such additional reasonable information to the extent the same is available. Invoices must be submitted to the City of Fort Worth Park & Recreation Department, attention Robbie Samuel, 6201 Beaty St. Fort Worth, Texas 76112. d. The City will make payment within thirty(30)calendar days after receipt of an invoice from the Vendor unless there is a dispute as to the information provided in the invoice for the Goods and Services. 4. Termination. 4.1. Written Notice. City or Vendor may terminate this Agreement at any time and for any reason by providing the other party with 30 days' written notice of termination. 4.2 Non-appropriation of Funds. In the event no funds or insufficient funds are appropriated by City in any fiscal period for any payments due hereunder,City will notify Vendor of such occurrence and this Agreement will 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 will pay Vendor for services actually rendered up to the effective date of termination and Vendor will 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 will provide City with copies of all completed or partially completed documents prepared under this Agreement. In the event Vendor Texas Sports Equipment,LLC. Vendor Services Agreement Page 2 of 12 has received access to City Information or data as a requirement to perform services hereunder, Vendor will 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 will treat all information provided to it by City ("City Information") as confidential and will 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 will promptly notify Vendor.It will be the responsibility of Vendor to submit reasons objecting to disclosure. A determination on whether such reasons are sufficient will not be decided by City, but by the Office of the Attorney General of the State of Texas or by a court of competent jurisdiction. 5.4 Unauthorized Access.Vendor must store and maintain City Information in a secure manner and will not allow unauthorized users to access, modify, delete or otherwise corrupt City Information in any way. Vendor must 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 will, in good faith, use all commercially reasonable efforts to cooperate with City in identifying what information has been accessed by unauthorized means and will fully cooperate with City to protect such City Information from further unauthorized disclosure. 6. Rieht to Audit. Vendor agrees that City will,until the expiration of three (3)years after final payment under this Agreement, or the final conclusion of any audit commenced during the said three years,have access to and the right to examine at reasonable times any directly pertinent books,documents, papers and records, including, but not limited to, all electronic records, of Vendor involving transactions relating to this Agreement at no additional cost to City. Vendor agrees that City will have access during normal working hours to all necessary Vendor facilities and will be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. City will give Vendor reasonable advance notice of intended audits. 7. Independent Contractor. It is expressly understood and agreed that Vendor will 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 will 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 subcontractors. Vendor acknowledges that the doctrine of respondeat superior will not apply as between City,its officers,agents,servants and employees,and Vendor,its officers,agents, employees, servants, contractors, and subcontractors. Vendor further agrees that nothing herein will be Texas Sports Equipment,LLC. Vendor Services Agreement Page 3 of 12 construed as the creation of a partnership or joint enterprise between City and Vendor. It is further understood that City will in no way be considered a Co-employer or a Joint employer of Vendor or any officers, agents, servants, employees, contractors, or subcontractors. Neither Vendor, nor any officers, agents, servants, employees, contractors, or subcontractors of Vendor will be entitled to any employment benefits from City.Vendor will 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,contractors,or subcontractors. 8. Liability and Indemnification. 8.1 LIABILITY. VENDOR WILL 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, EMPLOYEES, CONTRACTORS, OR SUBCONTRACTORS. 8.2 INDEMNIFICATION. VENDOR HEREBY COVENANTSAND AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR LAWSUITS OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, FOR EITHER PROPERTYDAMAGE OR LOSS(INCLUDINGALLEGED DAMAGE OR LOSS TO VENDOR'S BUSINESS AND ANY RESULTING LOST PROFITS) AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, TO THE EXTENT CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS OR MALFEASANCE OF VENDOR, ITS OFFICERS, AGENTS,SERVANTS,EMPLOYEES, CONTRACTORS, OR SUBCONTRACTORS. 9. Assienment and Subcontractine. 9.1 Assignment. Vendor will 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 will 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 will be 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,the subcontractor will execute a written agreement with Vendor referencing this Agreement under which subcontractor agrees to be bound by the duties and obligations of Vendor under this Agreement as such duties and obligations may apply. Vendor must provide City with a fully executed copy of any such subcontract. 10. Insurance. Vendor must 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 Services pursuant to this Agreement: 10.1 Coverage and Limits Texas Sports Equipment,LLC. Vendor Services Agreement Page 4 of 12 (a) Commercial General Liability: $1,000,000- Each Occurrence $2,000,000- Aggregate (b) Automobile Liability: $1,000,000- Each occurrence on a combined single limit basis Coverage will be on any vehicle used by Vendor, or its employees, agents, or representatives in the course of providing Services under this Agreement. "Any vehicle"will 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 Services are 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 must 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 must be submitted to City to evidence coverage. 10.2 General Requirements (a) The commercial general liability and automobile liability policies must name City as an additional insured thereon, as its interests may appear.The term City includes its employees,officers,officials,agents,and volunteers in respect to the contracted Goods and Services. (b) The workers' compensation policy must 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 must be provided to City. Ten (10) days' notice will be Texas Sports Equipment,LLC. Vendor Services Agreement Page 5 of 12 acceptable in the event of non-payment of premium.Notice must be sent to the Senior Contract Compliance Specialist, Park & Recreation Department, 4200 South Freeway, Suite 2200 Fort Worth, Texas 76115 City with copies sent to the Fort Worth City Attorney's Office at 200 Texas Street,Fort Worth,Texas 76102. (d) The insurers for all policies must be licensed and/or approved to do business in the State of Texas. All insurers must have a minimum rating of A-VII in the current A.M.Best Key Rating Guide,or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. If the rating is below that required,written approval of Risk Management is required. (e) Any failure on the part of City to request required insurance documentation will not constitute a waiver of the insurance requirement. (f) Certificates of Insurance evidencing that Vendor has obtained all required insurance will be delivered to the City prior to Vendor proceeding with any work pursuant to this Agreement. 11. Compliance with Laws,Ordinances,Rules and Regulations. Vendor agrees that in the performance of its obligations hereunder, it will 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 must immediately desist from and correct the violation. 12. Non-Discrimination Covenant. Vendor, for itself, its personal representatives, assigns, contractors, subcontractors,and successors in interest,as part of the consideration herein,agrees that in the performance of Vendor's duties and obligations hereunder, it will 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, CONTRACTORS, SUBCONTRACTORS, 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 will 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 Texas Sports Equipment,LLC. Attn: Assistant City Manager Attn: Angel Agirre,Vice President 200 Texas Street 2892 State Highway 19 Fort Worth, TX 76102-6314 Huntsville,TX 77320 Facsimile: (817)392-8654 Facsimile: 936-294-0500 Texas Sports Equipment,LLC. Vendor Services Agreement Page 6 of 12 With copy to Fort Worth City Attorney's Office at same address 14. Solicitation of Employees. Neither City nor Vendor will, during the term of this Agreement and additionally for a period of one year after its termination,solicit for employment or employ, whether as employee or independent contractor, any person who is or has been employed by the other during the term of this Agreement, without the prior written consent of the person's employer. Notwithstanding the foregoing, this provision will 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 does 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. Governine Law/Venue. This Agreement will 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 will lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas,Fort Worth Division. 18. Severability. If any provision of this Agreement is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. 19. Force Maieure. City and Vendor will exercise their best efforts to meet their respective duties and obligations as set forth in this Agreement,but will 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; epidemics or pandemics; government action or inaction; orders of government; material or labor restrictions by any governmental authority; transportation problems;restraints or prohibitions by any court,board,department,commission,or agency of the United States or of any States;civil disturbances;other national or regional emergencies;or any other similar cause not enumerated herein but which is beyond the reasonable control of the Party whose performance is affected(collectively, "Force Majeure Event"). The performance of any such obligation is suspended during the period of, and only to the extent of, such prevention or hindrance, provided the affected Party provides notice of the Force Majeure Event, and an explanation as to how it prevents or hinders the Party's performance, as soon as reasonably possible after the occurrence of the Force Majeure Event,with the reasonableness of such notice to be determined by the City in its sole discretion. The notice required by this section must be addressed and delivered in accordance with Section 13 of this Agreement. 20. Headings not Controlling. Headings and titles used in this Agreement are for reference purposes only,will 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 Texas Sports Equipment,LLC. Vendor Services Agreement Page 7 of 12 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 will not be employed in the interpretation of this Agreement or Exhibits A and B. 22. Amendments /Modifications /Extensions. No amendment, modification, or extension of this Agreement will be binding upon a party hereto unless set forth in a written instrument, which is executed by an authorized representative of each party. 23. Counterparts. This Agreement may be executed in one or more counterparts and each counterpart will, for all purposes,be deemed an original,but all such counterparts will together constitute one and the same instrument. 24. Warranty. 24.1 Vendor warrants that its Goods and Services (1) will be of a high quality; (2) conform to generally prevailing industry standards; (3) are not currently known to be harmful to the public health and safety; and (4) free from any defect in material, design, or workmanship performed by the Vendor or any of its subcontractors or suppliers. All work will be warranted for a period of two(2)years from the date of final acceptance of each applicable Service by the City. 24.2 Vendor agrees to cure any breach satisfactorily and consistent with industry standards. Vendor must commence any work in accordance with this warranty within fourteen(14) calendar days from receipt of written notice from the City and complete such work within thirty (30)business days thereafter at no expense to the City. If the City observes any breach of warranty as described herein that is not curable by the Vendor,then the Vendor is responsible for reimbursing the City for damages, expenses, and losses incurred by the City as a result of such breach. The representations and warranties in this section will survive the termination or other extinction of this Agreement. 24.3 The warranty will not be construed to limit or in any way modify any warranties or guarantees placed upon any materials, fixtures, or devices by their manufacturers, or any components for which a longer period of warranty is required in this Agreement. Vendor will furnish City with all manufacturers' and suppliers' written guarantees, warranties, and operating instructions covering materials furnished under this Agreement,together with any documentation required for validation. 25. Immigration Nationality Act. Vendor must 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 will provide City with copies of all I-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Vendor must 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 WILL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES,LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY VENDOR, VENDOR'S EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, OR AGENTS.City,upon written notice to Vendor,will have the right to immediately terminate this Agreement for violations of this provision by Vendor. 26. Ownership of Work Product. City will be the sole and exclusive owner of all reports, Texas Sports Equipment,LLC. Vendor Services Agreement Page 8 of 12 work papers,procedures, guides, and documentation that are created,published,displayed, or produced in conjunction with the services provided under this Agreement(collectively,"Work Product"). Further,City will 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 will 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 will 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. 27. Signature Authority. The person signing this Agreement hereby warrants that they have the legal authority to execute this Agreement on behalf of the respective party, and that such binding authority has been granted by proper order,resolution, ordinance or other authorization of the entity. This Agreement and any amendment hereto,may be executed by any authorized representative of Vendor.Each party is fully entitled to rely on these warranties and representations in entering into this Agreement or any amendment hereto. 28. Change in Company Name or Ownership. Vendor must 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. 29. 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 2271 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"has the meanings ascribed to those terms in Section 2271 of the Texas Government Code. By signing this Agreement,Vendor certifies that Vendor's signature provides written verification to the City that Vendor: (1) does not boycott Israel; and (2)will not boycott Israel during the term of the Agreement. 30. Electronic Signatures. This Agreement may be executed by electronic signature, which will be considered as an original signature for all purposes and have the same force and effect as an original signature.For these purposes,"electronic signature"means electronically scanned and transmitted versions (e.g.via pdf file or facsimile transmission)of an original signature,or signatures electronically inserted via software such as Adobe Sign. 31. Entirety of Agreement. This Agreement 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. Texas Sports Equipment,LLC. Vendor Services Agreement Page 9 of 12 IN WITNESS WHEREOF,the parties hereto have executed this Agreement in multiples. 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 By;Valerie Washington(Mar 5,202116:03 CWthis contract,including ensuring all performance and Valarie Washington reporting requirements. Assistant City Manager Mar 5, 2021 By:Robbie Samuel(Feb24,202110:12CST) Date: Robbie Samuel,Community Center Supervisor APPROVAL RECOMMENDED: Park&Recreation Department Richard ZA✓AlA APPROVED AS TO FORM AND LEGALITY: By:Richard Zavala(Feb 24,2021 11:07 CST) Richard Zavala,Director A-4— Park&Recreation Department By:Nico Arias(Mar 5,202115:35 CST) Nico Arias Assistant City Attorney Sandra Youngblood,Assistant Director CONTRACT AUTHORIZATION• Park&Recreation Department M&C• N/A �oo4n�ti�� Form 1295:N/A �pF FOR) as ATTEST: p�o°° ° ',- ° ° D 0-0a•1 ° d ��By: ° a=d Mary Kayser �aa4 SEX 00 IOO --, City Secretary VENDOR: TEXAS SPORTS EQUIPMENT,LLC. By: Ang Agirre(F6 24,2021 10:11 CST) Angel Agirre Vice President Date: Feb 24, 2021 Texas Sports Equipment,LLC. OFFICIAL RECORD Vendor Services Agreement CITY SECRETARY FT. WORTH, TX EXHIBIT A SCOPE OF SERVICES AND PRICE SCHEDULE 1. Services will be performed on an as-needed basis at the written request of the City and in the form of a Work Order. 2. For a Work Order to become effective,it must(1)be signed by a designated representative of the City and Vendor; (2)be based on the agreed upon Services and prices listed in Exhibit A; (3)list the start and completion dates for the Service(s); and(4)include a written Notice to Proceed from the City. 3. Vendor must complete the Service in accordance with the Work Order and the terms of this Agreement. The Parties may amend the initial work orders upon mutual written agreement. 4. Prior to performing any services under the Agreement, the Vendor and the Director will come to an agreement on the cost of services and labor. 5. The total cost will not exceed$16,100.00. Scope: o Install(2)Model M200-5 row by 20 telescopic bleachers: Specs included are below. o Manual operation o Plastic Seat Modules, 18' wide by 10' deep' o Intermittent Aisles with P Rails o End Rails o Recoverable ADA 0 24' Row Spacing, 12' Rise o Removal and disposal of existing bleachers(off-site) Handley Meadowbrook Community Center 6201 Beaty Street,Fort Worth,Texas 76112 Below is our bid for Specification Section 12 66 00 TELESCOPIC BLEACHERS including labor and material.F.O.B.jobsite,with no sales tax. Bid Amount Total: $ 16,100.00 Products Total Cost A. Telescopic Bleachers.............................................................. $16,200.00 QTY 2—Model M200—5 Row by 207 Long Telescopic Bleachers • Manual Operation • Plastic Seat Modules,18"wide by 10"deep • Intermittent Aisles with P Rails • End Rails • Recoverable ADA • 24"Row Spacing,12"Rise NOTE:Pricing includes removal and disposal of existing bleachers Texas Sports Equipment,LLC. Vendor Services Agreement Page 11 of 12 EXHIBIT B SERVICE ACCEPTANCE FORM Service(s)Performed: Service Ref. #: Service Name: Completion Date: Service Target Completion Date: Service Actual Completion Date: Approval Date: Comments(if needed): Approved by Vendor: Approved by City's Project Manager: Signature: Signature: Printed Name: Printed Name: Title: Title: Date: Date: For Director Use Only Contracted Payment Amount: Adjustments: Approved Payment Amount: Texas Sports Equipment,LLC. Vendor Services Agreement Page 12 of 12