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HomeMy WebLinkAboutContract 55408 CSC No. 55408 FORT WORTH. VENDOR SERVICES AGREEMENT Midwest Veterinary Supply 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,acting by and through its duly authorized Assistant City Manager, and MIDWEST VETERINARY SUPPLY INC ("Vendor"), a corporation and acting by and through its duly authorized representative, Ali Davis, 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 4. Exhibit C—Bid Documents 5. Exhibit D—Conflict of Interest 6. Exhibit E—Verification of Signature Authority Exhibits A, B, C, D, and E 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, C, D, or E 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. Turnkey digital radiography solution for veterinary use,including table, generator, detector plates, workstation, capture software and storage solution, installation, maintenance, warranty and training ("Services"), which are set forth in more detail in Exhibit "A," attached hereto and incorporated herein for all purposes.Vendor certifies that it has and will maintain during the term of this contract, current and appropriate federal, state, and local licenses and permits to perform this contract. In addition,Vendor agrees to require any of its subcontractors used to perform this contract to have and maintain current and appropriate federal, state and local licenses and permits to perform the duties prescribed in this contract. 2. Term. This Agreement shall begin on the date signed by the Assistant City Manager below (Effective Date")and expire one year from the Effective Date("Expiration Date"),unless terminated earlier in accordance with this Agreement ("Initial Term"). City will 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 option(s) (each a"Renewal Term"). 3. Compensation. City will pay Vendor in accordance with the provisions of this Agreement, including Exhibit "B," which is attached hereto and incorporated herein for all purposes. Total OFFICIAL RECORD Services Agreement-Midwest Veterinary Supply CITY SECRETARY FT.WORTH,TX compensation under this Agreement will not exceed one hundred four thousand seven hundred and seventy four Dollars ($104,774.00). Vendor will 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 will not be liable for any additional expenses of Vendor not specified by this Agreement unless City first approves such expenses in writing. 4. Termination. 4.1. Written Notice. City or Vendor may terminate this Agreement at any time and for any reason by providing the other party with 30 days' written notice of termination. 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 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 Services Agreement-Midwest Veterinary Supply Page 2 of 31 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 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 contractors. 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 GENERAL INDEMNIFICATION- VENDOR HEREBY COVENANTS AND AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS, AGENTS,SERVANTS AND EMPLOYEES, FROMAND AGAINST ANYAND ALL CLAIMS OR LAWSUITS OFANYKIND OR CHARACTER, WHETHER REAL OR ASSERTED, FOR EITHER PROPERTYDAMAGE OR LOSS(INCLUDING ALLEGED 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. Services Agreement-Midwest Veterinary Supply Page 3 of 31 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 will 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 will have the right to conduct the defense of any such claim or action and all negotiations for its settlement or compromise and to settle or compromise any such claim; however, City will 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 will 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 will 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 will 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 will, 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 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. Services Agreement-Midwest Veterinary Supply Page 4 of 31 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 (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 services. Services Agreement-Midwest Veterinary Supply Page 5 of 31 (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 acceptable in the event of non-payment of premium.Notice must be sent to the Risk Manager, City of Fort Worth, 200 Texas Street, Fort Worth, Texas 76102, with copies to the Fort Worth City Attorney at the same address. (d) The insurers for all policies must be licensed and/or approved to do business in the State of Texas.All insurers must have a minimum rating of A-VII in the current A.M.Best Key Rating Guide,or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. If the rating is below that required,written approval of Risk Management is required. (e) Any failure on the part of City to request required insurance documentation 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 Midwest Veterinary Supply, Inc. Attn: Assistant City Manager Code Compliance Attn: Kim Nelson—Equipment Sales Associate 200 Texas Street 5374 Maly Road, Fort Worth,TX 76102-6314 Sun Prairie,WI 53590 Services Agreement-Midwest Veterinary Supply Page 6 of 31 Facsimile: (817)392-8654 Fax Number: 888-372-3941 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. Governing 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 Services Agreement-Midwest Veterinary Supply Page 7 of 31 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,B,and C. 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 of Services. Vendor warrants that its goods and services will be of a high quality and conform to generally prevailing industry standards. City must give written notice of any breach of this warranty within thirty (30) days from the date that the services are completed. In such event, at Vendor's option,Vendor will 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. 25. Immieration 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, 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 Services Agreement-Midwest Veterinary Supply Page 8 of 31 amendment hereto. 28. Chanee 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. (signature page follows) Services Agreement-Midwest Veterinary Supply Page 9 of 31 IN WITNESS WHEREOF,the parties hereto have executed this Agreement in multiples. CITY OF FORT WORTH: CONTRACT COMPLIANCE MANAGER: r/jy/jl��� 4(Ma /� �^/� By signing I acknowledge that I am the person Y(/Gz1 �! (/�! responsible for the monitoring and administration of Valerie Washington2 1 13:57 CST) this contract,including ensuring all performance and By. reporting requirements. Name: Valerie Washington Title: Assistant City Manager Mar 12 2021 � Date: By: Tony i er(Mar 9,202112:09 CST) Name: Tony Hiller APPROVAL RECOMMENDED: Title: Code Compliance Superintendent Tlln Morton APPROVED AS TO FORM AND LEGALITY: By: Tim Morton(Mar 9,2021 13:24 CST) Name: Tim Morton G' 21�,ri Title: Code Compliance Assistant Director By: Christopher Austr' (Mar 11,202109:48 CST) Name: Christopher Austria ATTEST: Title: Assistant City Attorney (/ CONTRACT AUTHORIZATION: &C: 21-0114 BY oo�4nnn MForm 1295: 2021-703845 Name: Mary Kayser FOXRArO10° Title: City Secretary Sb�0Q p�=a d 0d ' oo Ag0,voa It °�°° a � � VENDOR: MIDWEST VETERINARYSUPPLY,INC. By: Ali Davis(Mar9,202112:02 CST) Name: Ali Davis Title: Account Coordinator Email: mvsbids@midwestvet.net Date: Mar 9, 2021 OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX Services Agreement-Midwest Veterinary Supply rage IV 0131 EXHIBIT A SCOPE OF SERVICES 1)INTENT a)The Animal Care and Control(ACC)Division is seeking qualified Contractors to provide two veterinary x-ray machines and support and maintenance on an as needed basis. Contractors shall provide solutions that best fits all specifications listed in this request for proposal. 2) X-RAY MACHINE SPECIFICATIONS a) Each Machine shall fit in the following room dimensions; 10'- 8" (Length), 8'-10" (Width), 10' (Height). b) Each machine shall be a turnkey digital radiography solution for indoor veterinary shelter use, this shall include but not be limited to; i) X-ray table; ii) Generator; iii) Detector plates; iv) Workstation; v) Warranty and training. c) Responses shall provide literature detailing the type of machines proposed. In the case of multiple machines being available please provide alternate bids for all additional submissions. (See Section 5). d) The x-ray machine will be a new purchase for the City of Fort Worth therefore,the machines shall come equipped with software and materials.All requirements are listed in Exhibit A, Requirements. 3) CONTRACTOR BID REQUIREMENTS/SPECIFICATIONS a) Contractor shall provide a breakdown for the total long term cost to the City for the next 5 years as outlined in Exhibit B. The total cost shall reflect the cost for all goods and services for 5 years. i) Contractor's proposed cost shall include the following;purchase of machines, installation, and set-up of the X-ray machines. The price breakdown shall include,but not limited to,the cost of the x-ray machine,(including all software applications,warranty,repair and annual maintenance and any additional details outlined in this RFP),number of labor hours and materials needed to make the X-ray machine fully functional. b) Contractor shall continue to provide maintenance and updates on an as needed basis throughout the duration of this agreement.Updates to the x-ray machine and software system shall be included in the annual maintenance cost. Contractor shall provide a proposal detailing a maintenance schedule and shall include at a minimum; system updates and device configurations. c) The City will be responsible to provide power and electricity to the x-ray machines. d) Contractor shall deliver,install and set-up both x-ray machines at time of delivery to the below addresses: i) 4900 Martin Street Fort Worth, Texas 76119 ii) 355 Hillshire Drive(currently under construction)Fort Worth,Texas 76052 Services Agreement-Midwest Veterinary Supply Page 11 of 31 e) Contractor shall provide a minimum of(2)references showing their past performance and experiences in providing x-ray equipment and maintenance to animal shelters. i) References shall be from Animal Shelters only. The Animal Shelter referenced shall be ran by a local government and/or charitable organization. ii) All references shall include a summary outlining the duties and responsibilities performed. f) Contractor shall provide operator training within 72 hours of installation and set-up. g) Contractor shall provide ongoing training options of at least of 20hrs annually. h) The Contractor shall include a routine maintenance and support agreement that includes repairs,parts, labor,technical upgrades, service level agreement and technical assistance. i) Technical upgrades or modification requests based on business needs should be incorporated in a timely manner as specified without additional costs. i) The Contractor shall respond within 24 hours for all repair calls. j) For all emergency repairs,Contractor shall arrive onsite within 2 hours of notification. k) Excel documents shall be completed and saved in Excel format and saved to USB drives for bid submittal. 4) WARRANTY a) Software shall substantially conform to the functional specifications b) Warranty of the machine shall be a minimum 5 years. c) The Software shall be free of material or hidden defects. d) The services shall be performed in workmanlike manner. e) The services will be performed in accordance with industry standards. f) The software or service provide will comply with all applicable laws. 5) ALTERNATE BIDS a) Bidders may offer an"equal'product as an alternate bid.Final"approved equal"determination remains with the City. b) Additional solutions shall be submitted as alternate bids and shall be submitted in separate sealed envelopes.Please refer to Part I of this proposal, Submission and Delivery of Proposals. Services Agreement-Midwest Veterinary Supply Page 12 of 31 EXHIBIT B PAYMENT SCHEDULE Description QTY Unit Unit Price Total Amount Digital Veterinary X-Ray Machines HD including all software applications,installation and 2.00 EA $52,387.00 $104,774.00 maintenance Services Agreement-Midwest Veterinary Supply Page 13 of 31 EXHIBIT C BID DOCUMENTS FORT NNORTHa CITY OF FORT WORTH BID OFFER Event ID Page Invited: PUBLIC EVENT DETAILS c�oi-21-OC22 1 Event Round Version Submit To: City of Fort Worth i i PURCHASING DIVISION Event Name LOWER LEVEL CITY HALL RFP Vaterina-v X rav Machine and Maintenance 200 TEXAS ST. Start Time Finish Time Fort Worth TX 76102 11 25 2020 09:30:03 CST 12 10/2020 13:30:00 CST United States Email: FMSPurchasingResponses@fortworthtexas.gov Event Description The City of Fort Worth invites participation in the Request for Proposals(RFP)from qualified bidder(s)to provide Veterinary X-ray machines and maintenance for the City of Fort Worth Code Compliance Department. Terms&Conditions No pre-bid conference will be held. A completed proposal must be received in the Purchasing Division,by the above"proposal finish time." Proposals must be mailed in or hand delivered in a sealed package addressed to the Buyer(Sarah Czechowicz), City of Fort Worth and have the bid number and opening date clearly marked on the submitted proposal cover page.Late proposals will not be considered for award unless proposers are notified otherwise.Proposals may be withdrawn at any time prior to the official opening by written notification.Proposals may not be altered, amended or withdrawn after the official opening. Bids delivered by special couder(i.e.Federal Express,Special Delivery etc.)are to be marked on the outside of the couriers shipping envelope.BID No.21-0022"RFP VETERINARY X-RAY MACHINE AND MAINTENANCE"and MUST BE RECEIVED BY THE PURCHASING OFFICE AND TIME STAMPED PRIOR TO THE DEADLINE IN ORDER TO BE CONSIDERED. 1.Mail: City of Fort Worth,Purchasing Division, Lower Level,City Hall,200 Texas Street,Fort Worth,Texas 76102-6314 2.Hand delivered from 8:30am 1:30pm on Thursdays at the South End lobby of City Hail. 3.To submit a bid earlier,please call Purchasing at 817-392-2462 to make an appointment for Purchasing to pick up the bid,Monday through Friday between 8:30am-5:00 pm,at the South End Lobby at City Hall. Acknowledgment of Addenda:#1 f#2 #3 #4 #5 Late proposals will be returned or destroyed;they will not be opened nor considered in the evaluation of the bid.Proposals may be withdrawn at any time prior to the official opening.Proposals may not be altered, amended or withdrawn after the official opening.The undersigned agrees,if the proposal 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 PAGE 1 BID OFFER SHEET""-Cover page of Final Bid Document V1 and attached as separate document PART I REQUEST FOR PROPOSALS Final Bid Document VI PART 11 ATTACHMENTS ATTACHMENTA SCOPE OF WORWSPECIFICATIONS EXHIBITA REQUIREMENTS EXHIBIT B PRICE PROPOSAL FORM ATTACHMENT B CONFLICT OF INTEREST DISCLOSURE ATTACHMENT C REFERENCE SHEET ATTACHMENT ID HOW TO REGISTER WITH THE CITY OF FORT WORTH ATTACHMENT E DRAFT VENDOR SERVICE AGREEMENT Services Agreement-Midwest Veterinary Supply Page 14 of 31 FO>7TWORx14.. CITY OF FORT WORTH BID OFFER Event ID Page Invited: PUBLIC EVENT DETAILS CFWCI-21-0022 2 Event Round Version Submit To. City of Fort Worth 1 1 PURCHASING DIVISION Event Name LOWER LEVEL CITY HALL 3FP treterin ry x ra machine and Maintenance 200 TEXAS ST. Start Time Finish Time Fort Worth TX 76102 11 25 2020 09:30:06 CST 12 10 2020 13:30:00 CST United States Email: FMSPurchasingResponsesa@fortworthtexas.gov The undersigned, by hislher signature, represents that helshe 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:Midwest Veterinary Supply, Inc Company address: 21467 Holyoke Avenue City, State,zip: Lakeville, MN, 55044 Vendor Registration No.NA Printed Name of Officer orAuthorized Representative: Carie Peterson Title, Inside Sales Representative Signature of Officer or Authorized Representative: Date: rZ PgI24W Email Address:mvsbids a@midwestvet.net Phone Number: 952-567-6253 Federal Identification Number(FID)# 41-0844751 Services Agreement-Midwest Veterinary Supply Page 15 of 31 FORT WORTH. CITY OF FORT WORTH BID OFFER Event ID Page Invited: PUBLIC EVENT DETAILS CFWDI-21-0022 3 Event Round Version Submit To: City of Fort Worth 1 1 PURCHASING DIVISION Event Name LOWER LEVEL CITY HALL I VcterLnary x ray Machine and Maizitenance 200 TEXAS ST. Start Time Finish Time Fort Worth TX 76102 11 25 2020 03:3C1 DO CST, 12 '1G 202o 13:3o:o0 CST United States Email: FMSPurchasingResponses@fortworthtexas.gov Line Details Line: ? Description: clty Unit UnitPrice Total Total cost of two Digital Veterinary X-ray 2.00 EA Machines HD including all software applications,installation and maintenance $52,387.00 $104,774.00 I Total Bid Amount: $104,774.00 -Additional warranty can be quoted based on consultation after initial warranty is up -Please contact Les Wilkerson at 785-230-1502 Iwilkerson@sedecalusa.com Services Agreement-Midwest Veterinary Supply Page 16 of 31 41 49 49 � t m 5 � cac, d C_ Q � «+ RF .O - 7 CO � 3 "G C S O C 9 0 V o O z Z r Z o Ln � L ~ <Q Q Q G -6 v U U U Q U O ra y aCL tr } Q � a ar Q x -�:Q u v U SJ U V LS CD ev Q7- a� IQ N O + z Cl ai m Ld u U U ¢ En an vs v o a M,.a z z z Z z +� m fl = a � '= •C. O to VS. +/> s r � �' m CD LU ev ...a y }... C O1 �- LU W C C v N O4 v� O .Q 41 ca Q fff en N = Q O Q dF a * fl• C] ,�' •;n tw 00 y N u v Q] 4] C 41 1� O 5 L -a `1 a) CC Q N n C .SZ Q1 O VCI 4 N N o i O _ w �} _u Y y Z N E q o Q c y = cu Im c c e yQ, y .m Z l6 H` p �Cl 7J v T Q L -i6. 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Parts Warranty on all included har 1yr. On-site labor, 1yr. IT remote support Lifetime Free Software Updates &Upgrades of Vieworks Acquisition& PACS software. Shipping,White-glove delivery, Installation, Operation &Application Training Included. 2 Vet Ray SDX System SDX-V17 Gold 0040,2038.00 $88,476.00 GadOX DR Plate-Standard-Vet 4-way float table top Membrane Operating Con soI 5yr. Parts Warranty on all included 4; are 1yr. On-site labor, 1yr. IT remote su Lifetime Free Software Updates&Upgrades of View Acquisi ' CS software. Shipping,White-glove delivery, 41111111119Ta7lation, Operation&Application Training Included. 2 Vet Ray Premium System P DX-V17 Platinum $52,387.00 $104,774.00 Csl DR Plate-Prerniurn Vet 4-w2y float table top 17°TOLchscreen operating Console& full Generator Integration. 5yr. Parts Warranty on all included hardware 5yrs. On-site labor, 5yrs. IT remote support Lifetime Free Software Updates& Upgrades of Vieworks Acquisition &PACS software. Shipping, White-glove delivery, Installation, operation&Application Training Included. Vendor Services Agreement Page 22 of 31 Prices include freight *prices good for 30 days *prices subject to change without notice *special order items are not returnable *Thank you for considering Midwest Veterinary Supply for your Equipment needs Services Agreement-Midwest Veterinary Supply Page 23 of 31 1,2 ET--RAY _ "" ! technology , gY Premium Vet TS ;,jwwxy The premium choice in veterinary specific x-ray. �s"tan y =qe •15"Touch Screen Console with: •Anatomical Program Radiography(APR) •Heads up mounting ,• _ iouch Screen • Patient Log files,eliminates hand paper logs Monitor 'tam •32kW/400mA Compact HF Generator 3 A' •Hands Free Collimator light control •Variable SID for table top and cassette tray imaging ' ` •Rotating Tube Head and collimator -X-ray tube Rotor Brake -4 Way Float Top Table-5ft Standard 44vay Boat TopTabis •208/230/240 VAC Single Phase Compasci � ,� �raGue�cyGCrer.,.nr • stands Fran Collimator Light COMOt arld Tab[c Lceit R6'C2se 65 �k r m - e :!l ! 7uG � • � � Services Agreement-Midwest Veterinary Supply Page 24 of 31 { Premium Vet TS System Dimensions +. Standard X-ray tube: 1.0/2.0 Focal Spots r I� 16'Target Angle i 140,000 HU Standard Grid Cabinet: w. 81103 line pair Grid 'A Stainless Steel cassette tray i l i Other Options Available: - ` Custom(38" to 72")length table top Fractional Focal Spot X-ray tubes 7 • j Non-certified medical collimator j- —- 3 phase and Battery Powered Generators a Upgrade the Premium Vet TS to Digital Premium Vet The 15"Touch Screen console will be upgraded to ::wall Stand the 17"Single Touch 11 Integrated Generator console. You pick the detector that best Sits your need and budget ViVx 14 x 17 or 17 x 17 Tethered or wireless T 1in0i0 Canon 501G or 501C The Vet-Flay Digital Upgrade system also includes: �. „� s , •Acquisition computer and wall mount a r a :� r ��a • 2mp high resolution 24"monitor ATM fi' •QXl-ink PACS and PALS workstation with PC and 24'i Horizontal Beam with r �.��,� ; "Swivel Tube Stand"for FfyYy 4,r monitor 10 viewing licenses True Cross Table Imaging • •5 years warranty on parts and labor on PC - 5 year warranty on Vivix digital detector,2yrs on Canon All the specific X-ray System Power Requirements and rooms sizes can tie found on -:. our Pre-Install Checklist.Please download a copy from ww vetraycom . 4 z� Services Agreement-Midwest Veterinary Supply Page 25 of 31 .4 v`r Y i . 7�. Sr. sty Ell Y Images Direct to your Computer in seconds We are the Manufacturer The Vet-Ray line of X-ray solutions is created by the world's largest X-ray manufacturer,Sedeca€.Our team of experts and remote support staff are always on duty to assist you. Anatomical Programming(APR) APR decreases work-flow time for imaging and provides consistent image quality, image after image. Simply select body part and thickness. No technique chart 7.1: 1 , required, 4-way Float Top Table The standard 5 ft 4-way float top table allows for easy, convenient and safe positioning of the patient.Designed specifically for veterinary application it has a built in fully adjustable tle-down rail track. A larger big breed 6 ft table top or shorter feline 3 ft table top option is available. x; `, Gvsny Float Top Table Compact High Frequency Generator The state of the art,solid state ultra-compact High Frequency X-ray generator is _3 .. small enough to fit inside the table base.This makes the table base footprint of the SOX the smallest in the industry. The standard X-ray generator is a 32kW, 400 mA,125 kVp and 500 mAs Single Phase 220VAC, There are many optional kW ratings of X-ray generator options including 3 phase 208 VAC and 430 VAC. 9 Y g p� 9 Ga�r�:ct High Hands Free Collimator Light Control Ceq ency rater This allows the operator to keep hands on the patient for convenient and safe Gcner�tor p p positioning. h '..,._ Hands Free Collimator Light Control The VIVIX HD Detector acquires and displays images in seconds.With our new Advanced Veterinary image Processing(AVID)software you get a high resoiution image needing no adjust- ment.The AVIP software is adjusted to your specific preference for image viewing.With images appearing in seconds you can quickly position,take the exposures)and complete the study in record time. r iniage Field Size , Spacial�:esc,uEor. image Cycle Time 17"x 17" �, 3,5 iplmm 4.4 sec. Scintillatorx ! artier or Sits !n�� Gadolinium standard h r £ NNA Shades of Gray �f 14 BIT A/D 16 SIT 4,096 16,384 �. � or Cesium optional Digital OutputyN ( 1 The Vet-Ray Digital system also Share study with specialists includes- a immediately via DICOM transfer, Acquisition computer and wall mount burn images to a CD/USB Jump •2mp high resolution 24"monitor Drive,or send to MyVet Cloud Y •OXLink PACS and PACS workstation Storage and view in facility or with PC and 24"monitor remotely on any Web enabled •10 viewing licenses device(PC,Mac,smart-phone or •5 year warranty on X-ray systems tablet). •6 year warranty on digital detector Services Agreement-Midwest Veterinary Supply Page 27 of 31 H 1� 1/E* RA V technology �. Standard Vet TS `' �" ` .�`"` _-� When you need the best Analog X-ray system •35 Touch Screen Console with: 1 •Anatomical Program Radiography(APR) ;ouch Screen -Heads up mounting - Mork:orS ,:ern • Patient Log files,eliminates hand paper logs -32kW/4QDmA Compact HP Generator A. -Hands Free Collimator light control _ a -Variable SID for table top and cassette tray imaging -Rotating Tube Head and collimator 4-wayNoat7aplatAo •X-ray tube Rotor Brake .4 Way Float Top Table-Sft Standard •208/230/240 VAC Single Phase � JE$'aav NUN- corepacOtsh quency Generabr CoN .It:oi Free b.,*tx,--k deg Cen�iand ab:cT�:.!:.'.cI_zse N r�may' t ' t ' Services Agreement-Midwest Veterinary Supply Page 28 of 31 h .5 i4 Standard Vet System - Dimensions T.SIr' k Standard X-ray tube: - _ — •"�—t�� 1.0/2.0 Focal Spots 1 I .�„x• 16°Target Angle 140,000 NU Standard Grid Cabinet: -1103 line pair Grid I Stainless Steal cassette tray Other Options Available. Custom(38"to 72")length table top Fractiona€Focal Spot X-ray tubes Non-certified medical collimator 3 phase and Battery powered generators i E Irv• ,���• -------- ,C� i! " ---- - Standard Vet Fixed =I iqf SID column The Standard Vet Fixed SID is the ideal system for use with a fixed DR detector. i Upgrade the Standard Vet TS to Vet-Ray Digital options The 15"Touch Screen console will be upgraded to the 17"Single Touch II Integrated console. All the specifk X-ray System Power Requirements and rooms sizes can be found on �; our are-insta3l CnecKfist Please download a copy from itiww.vetray.com ��' a: s :i i ! • k�. •.e • A E Services Agreement-Midwest Veterinary Supply Page 29 of 31 EXHIBIT D CONFLICT OF INTEREST CONFLICT OF INTEREST QUESTIONNAIRE FORM CIO For vendor doing business with local governmental entity This questionnaire reflects changes made to the law by W13-23,84th Leg-, Regular Session. OFFICE USE ONLY This questionnaire is being filed in accordance with Chapter 176,Local Government Code,by a vendor who Date Received has a business relationship as defined by Section 176.001(1-a)with a local governmertal entity and the vendor meets requirements under Section 176.006(a). By law this questionnaire must be filed with 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 Code.An offense under this section is a misdemeanor. t Name of vendor who has a business relationship with local governmental entity- Midwest Veterinary Supply, Inc z 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,) s Name of local government officer about whom the information is being disclosed. None Name of Officer .IJ Describe each employment or other business relationship with the local government officer,or a family member of the officer,as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local government officer. Complete subparts A and 8 for each employment or business relationship described. Attach additional pages to this Form CIO as necessary. A. Is the local government officer or a family member of the officer receiving or likely to receive taxable Income, other than investment income,from the vendor? Yes 71 No B. Is the vendor receiving or likely to receive taxable income.other than investment income,from or at the direction of the local government officer or a family member of the officer AND the taxable income is not received from the looal governmental entity? = Yes � No 5 Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or other business entity with respect to which the local government officer serves as an officer or director,or holds an ownership inferesi of one percent or more. 6 Check this box if the vendor has given the local government officer or a family member of the officer one or more gifts as described in Section 176.003(a)(2)(B), excluding gifts described in Section 176.003(a-1). 7 n & j D-,U r7 rz D&I;?ozo Signature 01 Vendor doing business with the governmental entity Date Form provided by Texas Ethics Commissiti!'21-0022 VETERINARY X RAY MACHINE AND MAINTENANCE Revised 11/30/2015 www.ethics,state.tx,us 15of37 Services Agreement-Midwest Veterinary Supply Page 30 of 31 EXHIBIT E VERIFICATION OF SIGNATURE AUTHORITY MIDWEST VETERINARY SUPPLY INC 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: Ali Davis Position: Account Coordinator Signature 2. Name: Position: Signature 3. Name: Position: Signature Name: Guy Flickinger Signature of President/ O Other Title: Date: Tj 2 Services Agreement-Midwest Veterinary Supply Page 31 of 31 3/9/2021 M&C Review Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA FO 11 DATE: 2/16/2021 REFERENCE**M&C 21- LOG 13P RFP 21-0022 VET X-RAY MACHINE NO.: 0114 NAME: AND MAINTENANCE CODE ADK CODE: P TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: (ALL)Authorize the Execution of a Service Agreement with Midwest Veterinary Supply for the Purchase and Maintenance of Veterinary X-Ray Machines for a Total Cost of $107,274.00 (2018 Bond Program) RECOMMENDATION: Authorize the execution of a service agreement with Midwest Veterinary Supply for the purchase and maintenance of Veterinary X-Ray machines for a total cost up to $107,274.00. DISCUSSION: In June of 2020, the Code Compliance Department approached the Purchasing Division to procure veterinary x-ray machines. On August 5, 2020 RFP 20-0208 was released to the public. Responses came in at a higher cost than what was budgeted, therefore it was necessary to reject all bids. On January 12, 2021 M&C 21-0014 was approved by City Council to reject all bids from RFP 20-0208. These machines will be used for x-raying, image capturing, tracking and maintaining records for animals at the Animal Care and Control Center and the future North Fort Worth Animal Shelter location. Purchasing issued a Request for Proposals (RFP) which consisted of detailed specifications describing the services, supplies, software and equipment needed. On November 25, 2020 RFP 21-0022 was released to the public and advertised in the Fort Worth Star-Telegram November 25, 2020, December 2, 2020, and December 9, 2020. The City received five bids. The bids were evaluated based on vendor support, functional requirements, past performance and experience in providing shelter x-ray equipment and services, the extent to which the goods and services meet the City's need and qualifications, and the proposed total cost. Staff recommends the purchase of two machines and annual maintenance agreements with Midwest Veterinary Supply. No guarantee was made that a specific amount of these services will be purchased. The bid amount for the Code Compliance Department is up to $107,274.00 for the cost of machines and first year maintenance. Year 1 Purchasing of Machines and $107,274.00 Maintenance Year 2-5 Maintenance Costs up to $2,000.00 per year This project is included in the 2018 Bond Program. Available resources within the General Fund will be used to provide interim financing until debt is issued. Once debt associated with the project is sold, bond proceeds will reimburse the General Fund in accordance with the statement expressing official intent to reimburse that was adopted as part of the ordinance canvassing the bond election (Ordinance No. 23209-05-2018) and subsequent actions taken by the Mayor and Council. 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. M/WBE OFFICE - A waiver of the goal for M/WBE subcontracting requirements was requested by the Purchasing Division and approved by the Office of Business Diversity (OBD), 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's approval, the contract will begin upon complete execution and expire one year from executed date. apps.cfwnet.org/counciI_packet/mc_review.asp?ID=28666&councildate=2/16/2021 1/2 3/9/2021 M&C Review This contract may be renewed for up to four successive one-year periods under the same terms and conditions. The renewals will not require City Council approval provided that the City Council has appropriated sufficient funds to satisfy the City's obligations during the renewal term. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that funds are available in the current capital budget, as previously appropriated, in the 2018 Bond Program Fund for the North Animal Care Facility project to support the approval of the above recommendation and execution of the service agreement. Prior to any expenditure being incurred, the Code Compliance Department has the responsibility to validate the availability of funds. BQN\\ TO Fund Department Account Project Program Activity Budget Reference# Amount ID ID Year Chartfield 2 FROM �und Department Account Project Program Activity Budget Reference# Amount ID ID Year Chartfield 2 Submitted for City Manager's Office by_ Jay Chapa (5804) Valerie Washington (6192) Originating Department Head: Reginald Zeno (8517) Additional Information Contact: Cynthia Garcia (8525) Ashley Kadva (2047) ATTACHMENTS FID TABLE TO BE PROVIDED.docx SAMs- Midwest Vet Supplypdf apps.cfwnet.org/counciI_packet/mc_review.asp?ID=28666&councildate=2/16/2021 2/2