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HomeMy WebLinkAboutContract 55857CSC No. 55857 VENDOR SERVICES AGREEMENT TRAINING SERVICE This VENDOR SERVICES AGREEMENT ("AgreemenY') is made and entered into by and between the CITY OF FORT WORTH ("City"), a Texas home rule municipal corporation, acting by and through Dana Burghdoff, its duly authorized Assistant City Manager, and All Purpose Safety Training Sol�tion�, LL� .("Y�ndor"), All Purpos_e Safety, and acting by and _through All Purpose Saf�ty, its duly authorized Louis Trujillo, each individually referred to as a"party" and collectively referred to as the "parties." AGREEMENT DOCUMENTS: This Agreement and supporting documents shall include the following: 1. Exhibit A— Scope of Services; 2. Exhibit B— Price Schedule; 3. Exhibit C— Verifcation of Signature Authority Form and; 4. Exhibit D— Insurance Requirements. Exhibits A, B, C and D, 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. SCOPE OF SERVICES. Crane Training Services Crane Operator Training, Testing and Recertification Services. Exhibit "A," - Scope of Services more specifcally describes the services to be provided hereunder. 2. TERM. This Agreement shall begin on the Effective Date, as established herein, and shall expire one year (or something more specific) after completion of the Services, unless terminated earlier in accordance with this Agreement. 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. 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 shall be ($_23,320.00�. 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 frst 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. Vendor Services Agreement C�] � � CN I=1 �:� X�Z�7:� �7 CITY SECRETARY FT. WORTH, TX 4.2 Non-a�propriation of Funds. In the event no funds or insufficient funds are appropriated by City in any fscal period for any payments due hereunder, Ci .ty will notify Vendor of such occurrence and this Agreement shall terminate on the last day of the fiscal period far 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. 43 Duties and Obli�ations of the Parties. In the event that this Agreement is terminated prior _ _ to the Expiration Date, City shall pay Vendor for services actually reridered 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. Vendar 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 offcers, agents and employees, agrees that it shall treat all information provided to it by City ("City Information") as confidential and shall not disclose any such information to a third party without the prior written approval of City. 5.3 Unauthorized Access. Vendor shall store and maintain City Information in a secure manner and shall not allow unauthorized users to access, modify, delete ar otherwise corrupt City Information in any way. Vendor shall notify City immediately if the security or integrity of any City Information has been compromised ar is believed to have been compromised, in which event, Vendar shall, in good faith, use all commercially reasonable efforts to cooperate with City in identifying what information has been accessed by unauthorized means and shall fully cooperate with City to protect such City Information from further unauthorized disclosure. 6. RIGHT TO AUDIT. Vendor agrees that City shall, until the expiration of three (3) years after final payment under this contract, or the final conclusion of any audit commenced during the said three years, have access to and the right to examine at reasonable times any directly pertinent books, documents, papers and records, including, but not limited to, all electronic records, of Vendar 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 Services Agreement Page 2 of 13 Vendor shall have the exclusive right to control the details of its operations and activities and be solely responsible for the acts and omissions of its officers, agents, servants, employees, consultants and subcontractors. Vendor acknowledges that the doctrine of respondeat sarperior shall not apply as between City, its officers, agents, servants and employees, and Vendor, its officers, agents, employees, servants, Vendors and subcontractors. 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, seryants, employees _ _ __ _ or subcontractor of Vendor. Neither Vendor, nor any officers, agents, servants, employees or subcontractor 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 subcontractor. 8. LIABILITY AND INDENINIFICATION. 8.1 LIABILITY - VENDOR SHALL BE LIABLE AND RESPONSIBLE FOR ANYAND ALL PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARAC?'ER, WI�ETHER REAL OR ASSERTED, TO THE EXTENT CAUSED BY THE NEGLIGENT ACT(S) OR OMISSION(S), MALFEASANCE OR INTENTIONAL MISCONDUCT OF i�ENDOR, ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES. 8.2 GENERALINDEMNIFICATION-VENDORHEREBYCOVENANTSANDAGREES TO INDEMNIFY, HOLD HARMLESS AN� DEFEND CITY, ITS OFFICERS, AGENTS, SER i�ANTS AND EMPLOYEES, FROMAND A GAINST ANYAND ALL CLAIMS OR LA WSUITS OFANYKIND OR CHARACTER, WHETHER REAL OR ASSER7'ED, FOR EITHER PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO VENDOR'S BUSINESS AND ANY RESULTIIVGLOSTPROFITS) AND/OR PERSONAL INJURY, INCLIIDINGDEATH, TOANYAND ALL PERSONS, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, TD THE EXTENT CAIISED BY THE NEGLIGENT ACTS OR OMISSIONS OR MALFEASANCE OF VENDOR, ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES. 83 INTELLECTUAL PROPERTY INDEMNIFICATION — Vendor agrees to defend, settle, or pay, a# its own cost and expense, any claim or action against City for infringement of any patent, copyright, trade mark, trade secret, ar 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 andlor documentation. So long as Vendor bears the cost and expense of payment for claims or actions against City pursuant to this section, Vendor shall have the right to conduct the defense of any such claim or action and all negotiations for its settlement or compromise and to settle or compromise any such claim; however, Ciiy 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 Vendor Services Agreement Page 3 of 13 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 primary 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 for primary duties, such subcontractor shall execute a written agreement with Vendor referencing this Ab eement under which subcontractor 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. Insurance requirements are found on E�ibit D. 11. COMPLIANCE WITH LAWS, ORDINANCES,RULES AND REGULATIONS. Vendor agrees that in the performance of its obligations hereunder, it shall comply with all applicable federal, state and local laws, ordinances, rules and regulations and that any work it produces in connection with this Agreement will also comply with all applicable federal, state and local laws, ordinances, rules and regulations. If City notifies Vendor of any violation of such taws, ordinances, rules or regulations, Vendor shall immediately desist from and correct the violation. 12. NON-DISCRIMINATION COVENANT. Vendor, for itself, its personal representatives, assigns, subcontractors and successors in interest, as part of the consideration herein, agrees that in the perfortnance 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, SUBCONTRACTORS OR SUCCESSORS IN INTEREST, YENDOR AGREES TO ASSUME SUCH LIABILITY AND TO INDEMNIFY AND DEFEND CITY AND HOLD CITY HARMLESS FROM SUCH CLAIM. 13. NOTICES. Vendor Services Agreement Page 4 of 13 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 electronic means with confirmation of the transmission, or (3) received by the other party by United States Mail, registered, return receipt requested, addressed as follows: To CITY: City of Fort Worth Attn: Dana Burghdoff, Assistant City Manager 200 Texas Street Fort Worth, TX 76102-6314 Facsimile: (817) 392-8654 To VENDOR: All Purpose Safety Training Solutions, LLC, Louis Trujillo CEO 3941 Brockton Ave Riverside, CA 92501 (909)312-4894 Facsimile: (909) 435-4861 With copy to Fort Worth City Attorney's Office at same address 14. SOLICITATION OF EMPLOYEES. Neither City nor Vendor shall, during the term of this Agreement and additionally for a period of one year after its termination, solicit for employment or employ, whether as employee or independent contractor, any person who is or has been employed by the other during the term of this Agreement, without the prior written consent of the person's employer. Notwithstanding the foregoing, this provision shall not apply to an employee of either party who responds to a general solicitation of advertisement of employment by either party. 15. GOVERNMENTAL POWERS. It is understood and agreed that by execution of this Agreement, City does not waive or surrender any of its governmental powers or immunities. 16. NO WAIVER. The failure of City or Vendor to insist upon the performance of any term or provision of this Agreement or to exercise any right granted herein shall not constitute a waiver of City's or Vendor's respective right to insist upon appropriate performance or to assert any such right on any future occasion. 17. GOVERNING LAW / VENUE. This Agreement shall be construed in accordance with the laws of the State of Texas. If any action, whether real or asserted, at law or in equity, is brought pursuant to this Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort Worth Division. 1S. SEVERABILITY. If any provision of this Agreement is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. 19. FORCE MAJEURE. Vendor Services Agreement Page 5 of 13 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: acts of the public enemy, fires, strikes, lockouts, natural disasters, wars, riots, material or labor restrictions by any govemmental authority, and/ar 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 including its. 22. AMENDMENTS/ MODIFICATIONSI 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. ENTII2ETY OF AGREEMENT. This Agreement, including its E�ibits, 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. COiJNTERPARTS. This Agreement may be executed in one or more counterparts and each counterpart shall, for all purposes, be deemed an original, but all such counterparts shall together constitute one and the same instrument. 25. WARRANTY OF SERVICES. Vendor warrants that its services will be of a high quality and conform to generally prevailing industry standards. City must give written notice of any breach of this warranty within thirty (30) days from the date that the services are completed. In such event, at Vendor's option, Vendor shall either (a) use commercially reasonable efforts to re-perform the services in a manner that conforms with the warranty, or (b) refiind the fees paid by City to Vendor for the nonconforming services. 26. IMIVIIGRATION 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 Vendor Services Agreement Page 6 of 13 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 vioIations 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/ar 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-far-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 Ptoduct, and all copies thereof, and in and to the copyright, patent, trademark, trade secret, and alI 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 E�ibit "C". Each parly is fully entitled to rely on these warranties and representations in entering into this Agreement or any amendment hereto. 29. CHANGE IN COMPANY NAME OR OWNERSHIP Vendor shall notify City's, Purchasing Manager, in writing, of a company name, ownership, or address change for the purpose of maintaining updated City records. The president of Vendor or authorized official must sign the letter. A letter indicating changes in a company name or ownership must be accompanied with supporting legal documentation such as an updated W-9, documents filed with the state indicating such change, copy of the board of director's resolution approving the action, or an executed merger or acquisition agreement. Failure to provide the specified documentation so may adversely impact future invoice payments. 30. PROHIBITION ON CONTRACTING WITH COMPAI�TIES THAT BOYCOTT ISRAEL Vendor unless a sole proprietor, acknowledges that in accordance with Chapter 2270 of the Texas Government Code, if Vendor has 10 or more fuli time-employees and the contract value is $100,000 or more, 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 Vendor Services Agreement Page 7 of 13 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 if Chapter 2270, Texas Government Code applies, 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 this �stn day of June , 20 21, to be effective as of the date subscribed by the City's Assistant City Manager ("Effective Date"). (signature page and exhibits follow) Vendor Services Agreement Page 8 of 13 ACCEPTED AND AGREED: CITY OF FORT WORTH: VENDOR: �G�Lz'"� �G�24i��i�i Dana Bur�hdoff (Jun 17, 20 1534 CDT � By: Name: Dana Burghdoff Title: Assistant City Manager Date: APPROVAL RECOMMENDED: c%�istapher l��rcler B�/; ChristophcrHardcr(Jun16,20211455CDT) Name: Christopher P. Harder Title: PE Director Water Department ATTEST: By: ���U ��� Name: Mary J. Kayser Title: City Secretary By: Date: Name: Lou is Truj illo Title: CEO 6I15/21 �,o-o��nn�� a OR a� � �FoF 0000T� �d o � 0 � �o ° ��d o � ���° o°i� � ��a o � OO�000000�� 'C7 ����EX A?q.�p APPROVED AS TO FORM AND LEGALITY: �I B�� �I3�a�k,�m,1,,zOZ11�:53��i) Name: Douglas Black Title: Assistant City Attorney CONTRACT AUTHORIZATION: M&C: DATE: 1295: CONTRACT COMPLIANCE MANAGER: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. By: ��e�j�f',� �IZ�� t Name: Re�Jones Title: Contract Compliance Specialist Vendor Services Agreement C�] � � CN I=1 �:� X�Z�7:� �7 CITY SECRETARY FT. WORTH, TX EXHIBIT A DETAILED SCOPE OF SERVICES/SPECIFICATIONS for CRANE OPERATOR TRAINING, TESTING AND RECERTIFICATION 1. Intent 1.1 The purpose of this invitation to bid is fo establish contracts with qualified firms to provide crane operator training, testing and recertification for various types of cranes. This contract includes both City of Fort Worth (CFW) provided training/testing sites as well as Vendor provided training/testing sifes. Bitlders may submii bids and an offer for either or both. The training courses must be a combination of classroom and hands on crane operation training with testing. Course content must meet National Commission for the Certification of Crane Operators (NCCCO} requirements stated in Section 3. 2. Training & Testing Requirements 2.1 Bidders (and all bidder training personnel) must be NCCCO certified. Proof of certification will be submitted in the completed bid package. 2.2 The Vendor's crane training courses shall be designed to provide City of Fort Worth (CFW) employees with a combination of classroom and hands on training skills for the successful completion of the written and practical NCCCO exams. 2.3 The Vendor is required to provide all training materials, instructors, proctors, and sample materials needed for execution of the course. 2.4 The training course manual shall include questions at the end of each section to ensure participants are able to demonstrate suitable knowledge of each concept. 2.5 The written test must be supplied, administered, and graded by certified NCCCO instructorsJmonitors (http://www.nccco.orq/home). 2.6 The Vendor is required to have 5 or more years of hands on experience with cranes. 2.7 The Vendors is required to have 5 or more years of experience as a certified trainer. Vendor Services Agreement — Exhibit A Page 10 of 17 DETAILED SCOPE OF SERVICES/SPECIFICATIONS for CRANE OPERATOR TRAINING, TESTING AND RECERTIFICATION 3. The Vendor is responsible for 3.1 Supplying the necessary application(s) for the requested training. 3.2 CFW will return completed participant applications to vendor. 3.2.1 3.2.2 3.2.3 3.2.4 3.2.5 3.2.6 3.2.7 3.2.8 3.2.9 3.2.10 3.2.11 3.2.12 3.2.13 3.2.14 3.2.15 Vendor will validate applications are complete and correct. Processing all paperwork required to NCCCO. Application for each participant. Written Test Administration (Request Form). Test Site Coordinator Agreement (For Written Exams). Test Site Coordinator (Summary Form). Test Site Coordinator Agreement (For Practical Exams). Practical Test Administration (Summary Form). Test Site Application & Data Sheet (Practical Exams). Expedited/Rush CAD Request Form (If Needed). Ready Reference Checklist (Written Exam Test Site). Confirming all applications checklists are correct prior to submittal. Processing any and all payments for the requested training and its participants. Payment Reimbursement will be participants. Payment reimbursement will be processed upon CFW receiving an invoice. 4. Crane Operator Certification Programs Minimum: 4.1 4.2 4.3 4.4 4.5 4.6 4.7 Mobile Crane Operator Service Truck Crane Operator Articulation Crane Operator Digger Derrick Operator Telescopic Boom Crane Boom Truck Fixed Cab DETAILED SCOPE OF SERVICESISPECIFICATIONS for CRANE OPERATOR TRAINING, TESTING AND RECERTIFICATION 5. Training & Test Sites 5.1 CFW will secure a training site. 5.2 The vendor will provide requirements for the training site, layout, equipment, and weights. 5.3 CFW will provide site details, crane equipment certifications, and testing weights. 5.4 The vendor will approve (or deny) site details, crane equipment certifications, and testing weights. 5.5 CFW will pay for Test site certification annual fees. 5.6 CFW will be responsible for preparing the training site per the requirements. 5.7 If a Vendor owned* Site is available, the vendor will be responsible for all training site requirements. 5.8 CFW will select the training Site when more than one option is available. Criteria for determining site will include, but is not limited to, distance and time. Vendor Services Agreement — E�chibit D Page 11 of 17 6. Location Requirements 6.1 All Vendor provided training sites are required to have the following amenities: 7.1.1 Sites must have drinking water, restrooms, air conditioned (and heated) classrooms tables, chairs and other standard classroom fixtures 7.1.2 Secured staging area for equipment 7.1.3 Sufficient and safe parking area for participants 7.1.4 Classroom and testing location must also meet any NCCCO requirements 7.1.4.1 Vendor provided training sites must be submitted to the CFW District a minimum of fifteen (15) calendar days prior to the first day of training. Vendor Services Agreement — E�chibit D Page 12 of 17 DETAILED SCOPE OF SERVICES/SPECIFICATIONS for CRANE OPERATOR TRAINING, TESTING AND RECERTIFICATION 8. Intent to Schedule Training/Testing 8.1 CFW will provide notice to the Vendor a minimum of 4 weeks prior to the scheduled training and testing dates. 9. Additionallnformation 9.1 Bidders must include the following information in their bid submittal: 9.1.1 A list of NCCCO certified instructors and their respective professionai resume (which must include all applicable certifications and qualifications). 9.1.2 Documented proof that the bidder is NCCCO certified. 9.1.3 The types of Cranes the vendor is certified to provide training for. Crane type, certification date, and certification # shall be completed on the pricing page. 9.1.4 New instructors can be added to this contract after award. The awarded vendor must submit the new instructor's credentials for review and acceptance. The new instructor must be on the vendor list of instructors a minimum of 15 business days prior to a scheduled training where they are the lead instructor. 9.1.5 Additional Certifications achieved after contract award. The awarded vendor must submit new crane type certifications for current instructors listed on contract for review and acceptance. The new crane type, for the instructor, must be on the vendors iist of crane types a minimum of 15 business days prior to a scheduled training where they are the lead instructor. 9.1.6 Verification that the vendor does or does not provide hand signal and rigging training. 9.1.7 Verification that the vendor does or does not provide OSHA Final Rule Crane Operator Evaluation. DETAILED SCOPE OF SERVICES/SPECIFICATIONS for CRANE OPERATOR TRAINING, TESTING AND RECERTIFICATION 9.1.7.1 A new instructor or crane type for an instructor will be added to the approved list when accepted by CFW, not when the credentials are submitted. 10. Pricing 10.1 The vendor shall supply pricing for all aspects of training. 10.2 When CFW requests training, certified vendor will be given the opportunity fo submit a pricing page for the type of training and number of trainees. 10.3 Upon request of a training session, CFW will supply the vendor with: 10.3.1 The type of crane(s) to be trained and tested on. 10.3.2 Whether CFW is supplying the crane or the vendor is supplying the crane. Vendor Services Agreement — Exhibit D Page 13 of 17 10.3.3 10.3.4 10.3.5 10.3.6 10.4 10.4.1 10.4.2 10.4.3 10.4.4 10.4. 5 10.4.5.1 1-0.4.5,2 10.4.5.3 1 0.4.5.4 10.4.5.5 10.4.5.6 10.4.5.7 specifications on cranes so a CAD can be obtained. Whattesting equipment, (cones, weights, barrels...) CFW can provide. The number and names of participants. Type of training (new, re-certification, Hand Signal/Rigging, etc.) for each participant. The vendor shall provide: A detailed description of the training course outline. Detailed listing of all materials and equipment supplied by the vendor. Training site and accommodations (See Location Requirements). Any information or supplies that are needed from CFW. Itemized breakdown of the pricing Training Testing_ Administrative Fees Applicable NCCCO Fees Crane rental Other materials (cones, weights, barrels... ) Miscellaneous items DETAILED SCOPE OF SERVICES/SPECIFICATIONS for CRANE OPERATOR TRAINING, TESTING AND RECERTIFICATION 11 Contract Award 11.1 This is a single award contract. CFW will accept all responsive bids submitted on or before the specified bid opening date and make an award to the responsive bidder. The awarded bidder will be "on contracY' and considered the Department's primary sources for the services outlined in this contract. 11.2 Bid pricing submitted shall be guaranteed against increase for one year. Vendor Services Agreement — Exhibit D Page 14 of 17 WHAT'S INCLUDED IN THE COST - A mixture of classroom and hands-on training will be conducted in the 5 day course. Each operator will attend a designed preparatory class that will assist them in passing the nationally accredited written test for NCCCO. - Afso, a nationally accredited practical examiner will train each operator on either a Telescopic Fixed or Swing Cab crane (or both if applicable). Ample time of mobile crane training will be given to each operator to prepare them for the nationally accredited practical test (NCCCO). All NCCCO Fees are listed and totaled out below. NCCCO Application fees must be Paid in Full prior #o the Training. Crane Type: Small Hydraulic Fixed Cab (TSS) (BTF) and (STC) Fort Worth, TX . Cost.Breakdown for u:p to-�tor's ---- : -- Topics: Description: Cost: Person comes on site to administer Written $300.00 Exams. (Written Examination may be administered offsite) Application to approve Site for Practical Testing $200.00 (CAD Drawing) cost is per Crane Written Exam and Practical Test Fee per Person $260.00 (1 Specialty) Test Kit used'to set up NCCCO Practical $800.00 Examinations (1 Test;Kit) __, - �Total:;Fees (NCCCO) Includes: All the fees to set up NCCCO $2,340.00 Examinations Total Amount Due to NCCCO and All Purpose $11,140.00 Crane Training. _ NCCCO Written Test Proctor requires 14 business days to set u�, alternate option is to send operators to nearby testing facility to take Written Exam. Quote's are Valid for 60 Days starting; Tuesday, May 25, 2021 Terms of Payment for services are due as follows: 50% due now prior to service and 50% due at the completion of service. Cancelation policy: $150.00 fee for class canceled 8-11 business days prior to class, 50% for class canceled 4-7 business days prior to class and 100% for classes for classes canceled 1-3 business days prior to class. **** NCCCO Application fees must be Paid prior to the Training in Full. NCCCO FEES Description: Cost: EXHIBIT C VERIFICATION OF SIGNATURE AUTHORITY All Purpose Safety Training Louis Trujillo, CEO Vendor hereby agrees to provide City with independent audit basic financial statements, but also the fair presentation of the tinancial statements of individual funds. 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 16 of 17