HomeMy WebLinkAboutContract 56140 CSC No. 56140
FORT WORTH
CITY OF FORT WORTH
PURCHASE AGREEMENT BASED UPON AN INTERLOCAL AGREEMENT BETWEEN
THE CITY OF FORT WORTH AND TARRANT COUNTY
WHEREAS Section 271.102 of the Texas Local Government Code allows Local Governments to pursue
mutually beneficial and cooperative purchasing programs; and
WHEREAS, pursuant to Chapter 791 of the Texas Government Code and Subchapter F, Chapter 271 of
the Texas Local Government Code, the City of Fort Worth (City), a Texas home-rule municipality and
Tarrant County(Name of other Entity)have entered into an Interlocal Cooperative Purchasing Agreement
on October 15, 1988 which provides that when the one of the Local Government Entities enters into a
contract with a Vendor for goods and services,the other Local Government is able to enter into a Purchase
Agreement with the Vendor under the same terms and conditions offered to the Original Local
Government Entity so long as the Vendor is agreeable. Copy Attached as Exhibit A;
WHEREAS Chem-Aqua, Inc. (Vendor) and Tarrant County entered into a Purchase Agreement on
October 13,2020 for HVAC Water Treatment Services and Water Treatment Equipment Repairs and this
Agreement allows other Local Governmental Entities to enter into a Purchase Agreement with Vendor
under the same terms and conditions. (Copy attached as Exhibit B);
NOW THEREFORE, City and Vendor each of which will individually be referred to as a "Party" and
collectively as the "Parties entered into this Purchase Agreement by and between Chem-Aqua, Inc.
("Vendor") and the City of Fort Worth, ("City").
The Parties agree that any references to Tarrant County in Exhibit B shall be construed as the City of Fort
Worth for the purposes of this Agreement and all rights,benefits,duties, and obligations shall inure to the
City as if the contract in Exhibit B were originally executed between the City and Vendor. This shall
specifically include any requirements imposed on Vendor by virtue of Tarrant County Ordinance included
in Exhibit B.
The Agreement includes the following documents which shall be construed in the order of precedence in
which they are listed:
1. Exhibit A— Agreement between the City of Fort Worth and Tarrant County;
2. Exhibit B — Contract between the Tarrant County and Vendor for Water
Treatment Services identified as Bid No. 2020-219;
3. Exhibit C— Vendor's Quote, Pricing, Scope of Services or Purchase Order;
4. Exhibit D— Conflict of Interest Questionnaire.
Exhibits A, B, C and D which are attached hereto and incorporated herein, are made a part of this
Agreement for all purposes.Vendor agrees to provide City with the services and goods included in Exhibit
B pursuant to the terms and conditions of this Cooperative Purchase Agreement, including all exhibits
thereto. In the event of a conflict between Exhibit B and this Agreement or Exhibit A,then this Agreement
and Exhibit A shall control.
City shall pay Vendor in accordance with the fee schedule in Exhibit C and in accordance with the
provisions of this Agreement. Total payment made under this Agreement for the first year by City shall
be in the amount of Fifty-One Thousand Dollars ($51,000.00). Vendor shall not provide any additional
items or services or bill for expenses incurred for City not specified by this Agreement unless City requests
and approves in writing the additional costs for such services. City shall not be liable for any additional
expenses of Vendor not specified by this Agreement unless City first approves such expenses in writing.
The term of this Agreement shall begin upon execution and end October 12, 2021. City shall be
able to renew this agreement for two (2) one-year renewal options by written agreement of the parties.
Vendor agrees that City shall, 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 documents and records of Vendor
involving transactions relating to this Agreement.Vendor agrees that City shall have access during normal
working hours to all necessary Vendor facilities subject to Vendor's reasonable rules and regulations while
at Vendor's 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, and all such audits shall be conducted on regular business days during Vendor's regular
business hours in a manner that will not unreasonably interfere with Vendor's operations at its facilities.
City's auditors shall present proper credentials to the manager of Vendor's facility at the time that they
are admitted to such.
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.
Notices required pursuant to the provisions of this Agreement shall be conclusively determined to
have been delivered when (1) hand-delivered to the other party, its agents, employees, servants or
representatives,(2)delivered by facsimile with electronic confirmation of the transmission, or(3)received
by the other party by United States Mail, registered, return receipt requested, addressed as follows:
To CITY: To VENDOR:
City of Fort Worth Chem-A ua Inc.,
Attn: Dana Burghdoff,Assistant City Manager 2a►em �idoe r
200 Texas Street
Fort Worth, TX 76102-6314
Facsimile: (817) 392-8654 Facsimile:
With copy to Fort Worth City Attorney's Office at
same address
[SIGNATURES FOLLOW]
The undersigned represents and warrants that he or she has the power and authority to execute this
Agreement and bind the respective Vendor.
CITY OF FORT WORTH:
CONTRACT COMPLIANCE MANAGER:
b L5=L�) By signing I acknowledge that I am the person
By: Dana Burghdoff(A g9,202 2:22CDT) responsible for the monitoring and administration
Name: Dana Burghdoff of this contract,including ensuring all performance
Title: Assistant City Manager and reporting requirements.
Date:
APPROVAL RECOMMENDED: By: shAaeya, a �g 12114:12 )
Name: Shatabya Bergland
Title: Contract Compliance Specialist
CLIP-14Ld L b`zyYgl-
By: Christopher H rder(Aug5,202114:15CDT) APPROVED AS TO FORM AND LEGALITY:
Name: Chris Harder
Title: Water Assistant Director
ATTEST: By: s
Name: Taylor Paris
Title: Assistant City Attorney
By: RonaldP.Gonzales(Aug10,2 07:34 ) avoRq� CONTRACT AUTHORIZATION:
Name: Ronald Gonzales aaop FORT Uaa
��o°°°°°°° o oaad M&C: N/A
Title: Acting City Secretary p10 °�-+o
dvo oo
a�ao
,�°° °°
VENDOR
*�a
alb a*XiA
Chem-Aqua,Inc: ATTEST:
By:
ame: DA�� rY1�.Ul� 1LL�l4A�s By:
Title: am at9a Name:
Tom, Title:
Date: l Zt
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
�Q EXHIBIT A
INTERLOCAL AGREEMENT
BETWEEN COUNTY OF TARRANT AND CITY OF FORT WORTH
This agreement is made this►2V`DayA j.,t, 1997 between the County of Tarrant, Texas
and the City of Fort Worth, Texas.
Pursuant to the authority granted by the "Texas Interlocal Cooperation Act," Chapter
791 Texas Government Code providing for the cooperation between local governmental
bodies,the parties hereto, in consideration of the premises and mutual promises contained
herein, agree as follows:
WHEREAS, the contract is made under the authority of Sections 791.001-791.029 of
the Texas Government Code; and,
WHEREAS, the parties, in performing governmental functions or in paying for the
performance of governmental functions hereunder shall make that performance or those
payments from current revenues legally available to that party;
WHEREAS,the governing bodies of each party find that the subject of this contract is
necessary for the benefit of the public and that each party has the legal authority.to
perform and to provide the governmental function or service which is the subject matter
of this contract; furthermore, the governing bodies find that the performance of this
contract is in the common interest of both parties; and that the division of cost fairly
compensates the performing party for the services performed under this contract;
I.
The City of Fort Worth, Texas,hereby makes, constitutes and appoints Tarrant County
its true and lawful purchasing agent for the purchase of various.commodities using
Annual Contracts (Bids). Tarrant County will maintain a listing of Annual Contracts
which are available for local entities use. To utilize one or more of these contracts, local
entities must request authorization, in writing, to Tarrant County. - Upon receipt of
request, Tarrant County will send a form letter to the appropriate vendor(s) for their
approval and signature. Upon receipt of authorizing letter from the vendor(s), Tarrant
County will forward a copy of the letter and appropriate Annual Contract to the
requesting entity. The City of Fort Worth, Texas agrees that Tarrant County shall serve
as the purchasing agent for selected items, and agrees that the bidding shall be conducted
by Tarrant County according to its usual bidding procedures and in accordance with
applicable State statutes.
The City of Fort Worth Texas, agrees that all specifications for selected items shall be
as determined by Tarrant County.
III.
The City of Tort Worth, Texas, agrees to pay the supplier for all goods, equipment
and products pursuant to this agreement. The successful bidder or bidders shall bill the
City of Fort Worth, Texas directly for all items purchased, and the City of Fort Worth,
Texas shall be responsible for vendor's compliance will all conditions of delivery and
'quality of the purchased items.
IV.
John Wally,Purchasing Manager, is hereby designated as the official representative to act
for the City of Fort Worth, Texas in all matters relating to this agreement.
V.
This agreement shall take effect upon execution by both signatories.
I
VI.
This agreement shall be in effect from the date of execution until terminated by either
party to the agreement.
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be
executed by their authorized officers the day and year first above written.
TARRANT COUNTY CITY OF FORT WORTH
BY: ✓ . BY: Bob Terrell 6,
l
DATE:_ g— �� TITLE: City Manager
DATE:
EXHIBIT B
z°OUNT REFERENCE NUMBER
F COMMISSIONERS COURT PAGE i of 6
• �' COMMUNICATION
DATE: 10/13/2020
SUBJECT: BID NO. 2020-219 -ANNUAL CONTRACT FOR HVAC WATER TREATMENT
SERVICES AND WATER TREATMENT EQUIPMENT REPAIRS - FACILITIES
MANAGEMENT-VARIOUS VENDORS - PER UNIT PRICE,HOURLY LABOR
RATE,AND MARKUP FOR PARTS
COMMISSIONERS COURT ACTION REQUESTED:
It is requested that the Commissioners Court award Bid No. 2020-219, Annual Contract for HVAC Water
Treatment Services and Water Treatment Equipment Repairs, for Facilities Management, to the following
vendors at the per unit price, hourly labor rate, and markup for parts:
Primary Chem-Aqua, Inc.
Secondary Entech Sales & Service, LLC
Alternate Garratt-Callahan Company
BACKGROUND:
Notice of the County's intent to bid was advertised in local newspapers, as required by State statute, and
posted on the Internet, the Arlington Black Chamber of Commerce, the Fort Worth Hispanic Chamber of
Commerce, the Fort Worth Metropolitan Black Chamber of Commerce, and the Tarrant County Asian
American Chamber of Commerce. Seven hundred seventy-nine (779) vendors were contacted and
requested to participate in this bid process. All documents pertaining to this bid were posted on the Tarrant
County website and were downloaded by interested bidders. A pre-bid conference held on September 9,
2020 was attended by four (4) vendors as well as representatives from Facilities Management and
Purchasing. Four(4)bids were received.
Bids were evaluated by Facilities Management and Purchasing representatives. Award recommendations
are to the low bids meeting specifications.
The term of the contract is twelve (12) months, effective October 13, 2020, with two (2) options for
renewal periods of twelve (12) months each.
Therefore, it is the joint recommendation of Facilities Management and Purchasing that Bid No. 2020-219,
Annual Contract for HVAC Water Treatment Services and Water Treatment Equipment Repairs, be
awarded to the vendors listed above at the per unit price, hourly labor rate, and markup for parts.
FISCAL IMPACT:
Expenses for last year were approximately $134,886.84. Services are provided on an as-needed basis.
SUBMITTED BY: Purchasing PREPARED BY: James Bocks,CPPB
APPROVED BY:
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EXHIBIT D
CONFLICT OF INTEREST QUESTIONNAIRE FORM CIO
For vendor doing business with local governmental entity
This questionnaire reflects changes made to the law by H.B. 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 governmental 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.
jJ Name of vendor whho( ash business relationship with local governmental entity.
IV
2JA
Check this box if you are filing an update to a previously filed questionnaire.(The law requires that you file an updated
completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which
you became aware that the originally filed questionnaire was incomplete or inaccurate.)
3 Name of local government officer about whom the information is being disclosed.
Name of Officer
4J 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 B 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? r
Yes 1::1 No I
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
local governmental entity?
Yes No A
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 interest of one percent or more.
s
❑ 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
or doing business with the governmental entity Date
Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/30/2015
CONFLICT OF INTEREST QUESTIONNAIRE
For vendor doing business with local governmental entity
A complete copy of Chapter 176 of the Local Government Code maybe found at http://www.statutes.Iegis.state.tx.us/
Docs/LG/htm/LG.176.htm. For easy reference, below are some of the sections cited on this form.
Local Government Code§176.001(1-a):"Business relationship"means a connection between two or more parties
based on commercial activity of one of the parties. The term does not include a connection based on:
(A) a transaction that is subject to rate or fee regulation by a federal, state, or local governmental entity or an
agency of a federal, state, or local governmental entity;
(B) a transaction conducted at a price and subject to terms available to the public; or
(C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and
that is subject to regular examination by, and reporting to, that agency.
Local Government Code§176.003(a)(2)(A)and(B):
(a) A local government officer shall file a conflicts disclosure statement with respect to a vendor if:
(2) the vendor:
(A) has an employment or other business relationship with the local government officer or a
family member of the officer that results in the officer or family member receiving taxable
income, other than investment income, that exceeds $2,500 during the 12-month period
preceding the date that the officer becomes aware that
(i) a contract between the local governmental entity and vendor has been executed;
or
(ii) the local governmental entity is considering entering into a contract with the
vendor;
(B) has given to the local government officer or a family member of the officer one or more gifts
that have an aggregate value of more than$100 in the 12-month period preceding the date the
officer becomes aware that:
(i) a contract between the local governmental entity and vendor has been executed; or
(ii) the local governmental entity is considering entering into a contract with the vendor.
Local Government Code§ 176.006(a)and (a-1)
(a) A vendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship
with a local governmental entity and:
(1) has an employment or other business relationship with a local government officer of that local
governmental entity,or a family member of the officer,described by Section 176.003(a)(2)(A);
(2) has given a local government officer of that local governmental entity, or a family member of the
officer,one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B),excluding any
gift described by Section 176.003(a-1);or
(3) has a family relationship with a local government officer of that local governmental entity.
(a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator
not later than the seventh business day after the later of:
(1) the date that the vendor:
(A) begins discussions or negotiations to enter into a contract with the local governmental
entity; or
(B) submits to the local governmental entity an application,response to a request for proposals
or bids, correspondence, or another writing related to a potential contract with the local
governmental entity;or
(2) the date the vendor becomes aware:
(A) of an employment or other business relationship with a local government officer, or a
family member of the officer,described by Subsection(a);
(B) that the vendor has given one or more gifts described by Subsection (a);or
(C) of a family relationship with a local government officer.
Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/30/2015