HomeMy WebLinkAboutContract 57002 City Secretary Contract No. 57002
FOR*TWORTH.
NON-EXCLUSIVE OVERHEAD DOOR REPAIR AND SERVICES AGREEMENT
This NON-EXCLUSIVE OVERHEAD DOOR REPAIR AND 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 andthrough its duly authorized Assistant City Manager, and
Artex Overhead Door Company("Vendor"),a Texas Corporationyacting by and through its duly authorized
representative, each individually referred to as a"party" and collectively referred to as the "parties."
WHEREAS, City, through its Property Management Department, contracts for
overhead door repair and services for the City's various facilities; and
WHEREAS, through Invitation to Bid (ITB) No. 21-0162, the City solicited bids to award
agreements for overhead door repair and services on an as-needed basis in the City with an aggregate
amount of$348,220.00 per year for contracts awarded to the successful bidders; and
WHEREAS, Vendor was one of the successful bidders awarded a contract to provide non-
exclusive overhead door repair and services to the City; and
WHEREAS, City and Vendor wish to set out the terms of Vendor's non-exclusive overhead door
repair and services.
AGREEMENT DOCUMENTS:
The Agreement documents shall include the following:
1. This-Non-Exclusive Electrician Services and Supplies Agreement; and
2. Exhibit A—Scope of Services; and
3. Exhibit B—Payment Schedule.
Exhibits A and B,which are attached hereto and incorporated herein,are made a part of this Agreement for all
purposes. In the event of any conflict between the terms and conditions of Exhibits A and B and the terms and
conditions set forth in the body of this Agreement,the terms and conditions of this Agreement shall control.
1. Scope of Services. Overhead door repair and services ("Services"), which are set forth in
more detail in Exhibit"A,"attached hereto and incorporated herein for all purposes.
2. Term. This Agreement begins on January 12, 2022 ("Effective Date") and expires on
January 11,2023 ("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
OFFICIAL RECORD
Non-Exclusive Overhead Door Repair and services Agreement
Artex Overhead Door Company CITY SECRETARY
FT. WORTH, TX
conditions for up to four(4)one-year renewal options (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
compensation under this Agreement will not exceed THREE HUNDRED FORTY-EIGHT THOUSAND
TWO HUNDRED TWENTY DOLLARS AND 00/100($348,220.00).City makes no promise or guarantee
of the total amount of work that will be assigned to Vendor under this Agreement. Vendor willnot 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
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Artex Overhead Door Company Page 2 of 20
jurisdiction.
5.4 Unauthorized Access.Vendor must store and maintain City Information in a secure
manner and will not allow unauthorized users to access, modify, delete or otherwise corrupt City
Information in any way. Vendor must notify City immediately if the security or integrity of any
City Information has been compromised or is believed to have been compromised,in which event,
Vendor will, in good faith, use all commercially reasonable efforts to cooperate with City in
identifying what information has been accessed by unauthorized means and will fully cooperate
with City to protect such City Information from further unauthorized disclosure.
6. Ri2ht 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 Vendor. It is expressly understood and agreed that Vendor will operate as
an independent Vendor as to all rights and privileges and work performed under this Agreement, andnot 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, Vendors, 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, Vendors, or subcontractors. Neither Vendor, nor any officers, agents, servants, employees,
Vendors, 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 onbehalf of itself, and any of its
officers, agents, servants, employees,Vendors, or Vendors.
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, VENDORS, OR
SUBCONTRACTORS.
8.2 GENERAL INDEMNIFICATION- VENDOR HEREBY COVENANTS AND
AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS,
AGENTS,SERVANTS AND EMPLOYEES, FROM AND 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
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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, VENDORS, OR SUBCONTRACTORS.
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 Subcontractin6.
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
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obligations may apply. Vendor must provide City with a fully executed copy of any such
subcontract.
10. Insurance.Vendor must provide Citywith certificate(s)of insurance documenting policies
of the following types and minimum coverage limits that are to be in effect prior to commencementof 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):
Applicable ❑
N/A ❑
$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
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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.
(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.
if. 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,
Vendors, 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, VENDORS,
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:
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To CITY: To VENDOR:
City of Fort Worth Artex Overhead Door Co
Attn: Assistant City Manager John Conner, Owner
200 Texas Street 1114 W Harris Road
Fort Worth, TX 76102-6314 Suite 101
Facsimile: (817) 392-8654 Arlington, TX 76001
Facsimile: (817)472-9326
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 Vendor, 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. Governinu 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 Majeure. 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.
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20. Headings not Controlling. Headings and titles used in this Agreement are for reference
purposes only,will not be deemed apart 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 will not be employed in the interpretation of this Agreement or the
Exhibits.
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 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. Immigration Nationality Act. Vendor must verify the identity and employment eligibility
of its employees who perform work under this Agreement, including completing the Employment
Eligibility Verification Form (T-9). Upon request by City, Vendor will provide City with copies of all T-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, VENDORS, 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.
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Artex Overhead Door Company Page 8 of 20
27. Signature Authority. The person signing this Agreement hereby warrants that they have
the legal authority to execute this Agreement on behalf of the respective party, and that such binding
authority has been granted by proper order, resolution, ordinance or other authorization of the entity. This
Agreement and any amendment hereto,may be executed by any authorized representative of Vendor. Each
party is fully entitled to rely on these warranties and representations in entering into this Agreement or any
amendment hereto.
28. Chan2e 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. Prohibition on Boycottin6 Eneray Companies.Vendor acknowledges that in accordance
with Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2,
the City is prohibited from entering into a contract for goods or services that has a value of$100,000 or
more that is to be paid wholly or partly from public funds of the City with a company with 10 or more full-
time employees unless the contract contains a written verification from the company that it: (1) does not
boycott energy companies; and(2)will not boycott energy companies during the term of the contract. The
terms "boycott energy company" and "company" have the meaning ascribed to those terms by Chapter
2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2. To the extent
that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement,
Vendor certifies that Vendor's signature provides written verification to the City that Vendor: (1) does not
boycott energy companies; and(2)will not boycott energy companies during the term of this Agreement.
31. Prohibition on Discrimination Against Firearm and Ammunition Industries.Vendor
acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government Code,as added
by Acts 2021, 87th Leg., R.S., S.B. 19, § 1,the City is prohibited from entering into a contract for goods or
services that has a value of$100,000 or more that is to be paid wholly or partly from public funds of the
City with a company with 10 or more full-time employees unless the contract contains a written verification
from the company that it: (1) does not have a practice, policy, guidance, or directive that discriminates
against a firearm entity or firearm trade association; and (2) will not discriminate during the term of the
contract against a firearm entity or firearm trade association.The terms"discriminate,""firearm entity"and
"firearm trade association" have the meaning ascribed to those terms by Chapter 2274 of the Texas
Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1. To the extent that Chapter 2274
of the Government Code is applicable to this Agreement,by signing this Agreement,Vendor certifies that
Vendor's signature provides written verification to the City that Vendor: (1)does not have a practice,policy,
guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will
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Artex Overhead Door Company Page 9 of 20
not discriminate against a firearm entity or firearm trade association during the term of this Agreement.
32. 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.
33. 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)
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Artex Overhead Door Company Page 10 of 20
IN WITNESS WHEREOF,the parties hereto have executed this Agreement in multiples.
CITY OF FORT WORTH:
CONTRACT COMPLIANCE MANAGER:
By signing 1 acknowledge that 1 am the person
Dana BuY �i o{ responsible for the monitoring and administration of
By:Dana Bur¢hdoff Clan 14,202218:59 CST) this contract,including ensuring all perfonnance and
Name: Dana Burghdoff reporting requirements.
Title: Assistant City Manager
Date: 12022
By:Alan H.Shuror(Jan 14,202217:29 GMT+3)
Name:Alan Shuror
APPROVAL RECOMMENDED: Title:Assistant Director,Property Management
Department
APPROVED AS TO FORM AND LEGALITY:
Slap t-Cayh&
13y:Steve Cooke(Jan 14,2022 08:47 CST)
Name: Steve Cooke
Title: Director,Property Management Department By:
Name: Matt Murray
ATTEST: Title: Assistant City Attorney
CONTRACT AUTHORIZATION:
3X&e44� . Goa�'aLG 0��4nnn� M&C: 22-0004
R
By.JannetteS.Goodall(Jan 18,202209:21CST) pd� 0000 'a
Name: Jannette Goodall XY o°°� t paa� Form 1295: 2021-826723
Title: City Secretary 01. �0.
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VENDOR: a��Nix OSa
Artex er ad r Co
By:
Name: John C r
Title: Owner
Date: / 3 ,2022
OFFICIAL RECORD
CITY SECRETARY
Non-Exclusive overhead Door Repair and Sen ices Agreement
Artex Overhead Door Company FT. WORTH, TX
EXHIBIT A
SCOPE OF SERVICES
1.0 SCOPE
1.0 SCOPE
1.0 Overhead door repairs and services on an as-needed basis.
1.1 Additional services of the same general category that could have been included in this
Agreement, and that are not already included in the Agreement, may be added based on the
discount bid and price sheet provided with the bid.
1.2 Unit prices shall include all costs associated with the specified work,including but not
limited to handling, delivery, fuel charges, fees, and certifications fees. No additional
charges will be accepted or paid by the City.
2.0 DETAILED SCOPE OF SERVICES/SPECIFICATIONS
2.1 Vendor shall provide all labor, tools,parts, and equipment necessary to repair overhead
doors or to restore them to the specifications contained in the manufacturer's maintenance
and operations manual.
2.2 Vendor shall repair overhead doors in accordance with industry standards and any
applicable manufacturer's installation instructions so as to not in any way void the
manufacturer's warranty.
2.3 Vendor shall include the replacement of parts or overhead doors in all repairs as authorized
by the City.
2.4 Vendor shall provide a list of names and telephone numbers to the requesting
department's point of contact to be notified of a request for service.
3.0 EQUIPMENT REQUIRING SERVICES
3.1 Basic Overhead Doors, Gates and Lifts
3.1.1 Sectional—Glass, Steel, Aluminum, etc.
3.1.2 Roll up—slats
3.1.3 Roll up—see through steel curtain
3.1.4 Barrel
3.1.5 Rolling Grilles
3.1.6 Counter Shutter—Concession stands
3.1.7 Bay Doors
3.1.8 Bi-Fold Gates
3.1.9 Lift Gates
3.1.10 Swing Gates
3.1.11 Slide Gates
3.2 Basic Types of Operation
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Artex Overhead Door Company Page 12 of 20
3.2.1 Manual Lift
3.2.2 Electronic center rise
3.2.3 Reduced gear side with electric motor control operators
3.2.3 Electric operator
3.2.4 Remote-controlled
3.2.5 Key-pad controlled
3.2.6 Battery Operated
3.3 Dock Equipment
3.3.1 Bumpers
3.4 Replacement Parts/Doors, Gates and Lifts
3.4.1 All items supplied under this agreement shall be new, standard production items,of
recent manufacture, and suitable for their intended purpose.
3.4.2 Replacement parts shall match existing door color, door designs, and/or
hardware. If parts are not in stock,the City reserves the right to approve an
acceptable substitute.
3.4.3 All electronic parts shall have Underwriters Laboratories(UL)
certification.
3.4.4 Special order replacement doors and/or parts shall be quoted and include freight. If
parts are special ordered, a used part shall be installed to secure the facility,until
the new unit is able to be installed.
3.5 Service shall include,but is not limited to:
3.5.1 Resetting limits, cables,tension,etc.
3.5.2 Oiling and adjusting the door or hardware
3.5.3 Checking operation
4.0 HOURS OF SERVICE AND RESPONSE TIME
4.1 Regular hours shall be from 7:00 A.M.to 5:00 P.M.,Monday through Friday.
4.2 After hours shall be from 5:01 P.M.to 6:59 A.M.,Monday through Friday.
4.3 Weekend hours shall be from 12:01 A.M.to 11:59 P.M, Saturday to Sunday.
4.4 Holiday hours shall include: City, State, and National Holidays
4.4.1 New Year's
4.4.2 Martin Luther King Day
4.4.3 Memorial Day
4.4.4 Juneteenth
4.4.5 July 4"'
4.4.6 Thanksgiving Day and the following Friday
4.4.7 Christmas
4.5 The City shall place service requests by phone, email or facsimile and shall providea
Non-Exclusive Overhead Door Repair and Services Agreement
Artex Overhead Door Company Page 13 of 20
purchase order number.
4.6 Vendor shall respond,by phone, to the requestor within 30 minutes of an initial requestfor
service.
4.7 Vendor shall arrive at service location within two (2) hours of the initial request for
service.
5.0 VENDOR RESPONSIBILITIES
5.1 Supervision — Vendor shall, during all periods of contract performance, provide
competent supervision of its employees to assure complete and satisfactory fulfillment
of the work and the terms of this Agreement. The Vendor or its capable, fully
authorized representative shall be immediately available during all work activities to
receive any and all special instructions from the requesting department's staff or
designee.
5.2 Safety — Vendor shall be thoroughly familiar with all prevailing safety measures
pertinent to its operations. This shall include, but not necessarily be limited to,
Environmental Health Agency (EPA) regulations, Fort Worth City Ordinances, and
Occupational Safety and Health Agency (OSHA) regulations. In addition, the Vendor
shall be wholly responsible for instructing its employees in these safety measures and
seeing that the safety measures are fully complied with in every respect.
5.3 Hazards—Vendor shall at no time permit placing or use of equipment in such manner as to
block traffic lanes or to create safety hazards. Vendor personnel shall provide appropriate
warning devices when necessary and cooperate in the fullest in allowing through passage of
other vehicles and personnel, even to the point of interrupting hi-own work, if necessary.
5.4 Defective Work and Damages—Vendor shall be wholly responsible for and shall promptly
correct or restore all defective work or damages to any/all City facilities caused byits
activities. Restoration and correction shall be to the complete satisfaction of the City. This
shall apply to any part of a building, its appurtenances, the adjacent grounds, or any other
tangible damage incurred in the performance of the Agreement. Failure by the Vendor to
proceed promptly with corrective actions may be cause for cancellation of this Agreement
with amounts necessary to correct defective work or damage being withheld fmpayments
due or to become due to the Vendor.
5.5 Clean Up -Vendor shall keep the work site premises free at all times from accumulation of
waste materials or rubbish.At the completion of the work,the Vendor shall remove all waste
and rubbish from and about the work area,as well as tools,equipment and surplus materials,
and shall leave the area as clean and as free of spots, stains, etc., as before the work was
undertaken.
5.6 Regulations — Vendor shall comply with all applicable federal, state, and local laws,
ordinances,rules,and regulations pertaining to the performance of the work specified herein
even if they come into effect after the start of this Agreement. All mandates requiringthe
City to comply with new guidelines will also require the City Vendors to comply.
5.7 Performance-Failure of the City to insist in any one or more instances upon performance
of any of the terms and conditions of this Agreement shall not be construed as a waiver or
relinquishment of the future performance of any terms and conditions, but the Vendor's
obligation with respect to such performance shall continue in full force and effect.
6.0 UNIT PRICE ADJUSTMENT
Non-Exclusive Overhead Door Repair and Services Agreement
Artex Overhead Door Company Page 14 of 20
6.1 The unit prices may be adjusted for increases or decreases in Vendor's cost during a
Renewal Term but before the effective date of the Renewal Term upon written request
from the Vendor.
6.2 Vendor shall submit its price adjustment request, in writing,at least 60 days before beginning
of any Renewal Term. The Vendor shall provide written proof of cost increases with price
adjustment request.
6.3 If the City concludes that the rate increase being requested is exorbitant, the City reserves
the right to adjust the rate request, or reject the rate request in its entirety and allow the
Agreement to expire at the end of the term.
6.4 Prices bid shall remain firm for each one-year term of the Agreement and shall include all
associated freight and delivery costs.
6.5 Prices offered shall be used for Agreement pricing. In cases of errors in extensions or totals,
the unit prices offered will govern.
6.6 Upon expiration of the Agreement, the Vendor shall agree to hold over under the terms and
conditions of this Agreement for a reasonable period of time to allow the city to re-bid an
agreement,not to exceed ninety(90)days. Vendor shall be reimbursed for this service at the
then-existing Agreement rates.Vendor shall remain obligated to the City under all clauses of
this Agreement that expressly or by their nature extend beyond and survive the expiration or
termination of this Agreement.
6.7 Goods or shall not be suspended by the Vendor without a 30-day prior writtennotice to the
City.
7.0 QUANTITIES
7.1 Vendor shall understand quantities listed are only estimates based on previous usage and do
not indicate intent to purchase or a guarantee of future business. The City of Fort Worth is
obligated to pay for only those materials and services actually ordered by an authorized City
employee and then received as required and accepted by the City.
8.0 COMPLAINTS
8.1 Complaints processed through the City Purchasing Division shall be corrected by
Vendor withinfourteen (14) days of formal notice of complaint. Written response by
Vendor to the Purchasing Division is required.
8.2 Failure to properly resolve complaints within the fourteen(14) calendar day time
frame may result in the cancellation of the applicable services.
9.0 DELIVERY
9.1 Delivery shall be F.O.B. Destination and all other delivery charges shall be included in
the unit prices. The person placing the order shall provide delivery and billing information.
No additional charges for expenses,freight,mileage,time,or similar items will be accepted
or paid by the City.
9.2 There may be instances when the Vendor may be asked to accelerate delivery of an order
Non-Exclusive Overhead Door Repair and Services Agreement
Artex Overhead Door Company Page 15 of 20
due to extenuating circumstances.When this occurs,the Vendor shall be expected to provide
this service at no additional cost.
9.3 In the event the Vendor is unable to meet an original delivery date,the City shall be contacted
immediately, but prior to the due date, and seek an extension of delivery time. Failure to
comply with the delivery terms maybe grounds for canceling an orders or for terminating Ie
Agreement.
9.4 Delivery tickets shall include the City's PeopleSoft Contract Number and the ordering
department's Purchase Order Number.
9.5 Delivered items that are determined to be defective or not meeting specifications shall be
picked up and replaced by the Vendor, or the Vendor's designee,at no cost to the City.
9.6 If the defective or improper items are not picked up within one(1)week after notification,the
item shall become a donation to the City for disposition.
10.0 WARRANTY
10.1 The Vendor shall provide a warranty to include at a minimum, but not limited to,
the following:
10.1.1 in addition to any other warranties in this Agreement, the Vendor warrants that all
work and products supplied under this Agreement conform to the Agreement
requirements and are free from any defect in workmanship, equipment, material, or
design furnished by the Vendor or any supplier at any tier.
10.1.2 Upon notification by the authorized City personnel, Vendor agrees to repair or
replace promptly, on a one-for-one basis without additional cost to the City of Fort
Worth, any and all defective work and products. The Vendor agrees to repair
promptly any defective work and or products.
10.1.3 This warranty and all other warranties in this Agreement shall continue for a period
of at least 90 days from date of acceptance of products and work by the City.
10.1.4 Vendor shall remedy at the Vendor's expense any non-conforming or defective
products or work. In addition, the Vendor shall remedy at Vendor's expense any
damage to real or personal property owned by the City of Fort Worth, when that
damage is the result of a defective products or work.
10.1.5 Vendor's warranty with respect to products repaired or replaced will run for 90 days
from date of installation and acceptance of such by the City.
10.1.6 The City of Fort Worth shall notify the Vendor within a reasonable time after the
discovery of any failure, defect, or damage.
10.1.7 If the Vendor fails to remedy any failure, defect,or damage within a reasonable time
after receipt of notice, the City of Fort Worth shall have the right to replace, repair,
or otherwise remedy the failure, defect, or damage at the Vendor's expense.
10.1.8 This warranty shall not include failures attributable to accident,fire,or
negligence on the part of City personnel.
Non-Exclusive Overhead Door Repair and Services Agreement
Artex Overhead Door Company Page 16 of 20
10.2 With respect to all warranties,expressed or implied, from manufacturers,or suppliers
for work performed and materials furnished under this Agreement, the Vendor shall:
10.2.1 Obtain all warranties that would be obtained in normal commercial practice;
10.2.2 Enforce all warranties for the benefit of the City of Fort Worth.
10.3 Vendor's warranty shall include all third-party and other aftermarket
components which are installed and or supplied by Vendor.
11.0 HAZARDOUS CONDITIONS
11.1 Vendor shall notify the City immediately of any hazardous conditions or damage to City
property.
12.0 CONTRACT ADMINISTRATION
12.1 Contract administration shall be performed by the various City departments. In the event the
Vendor fails to perform according to the terms of the Agreement, a City department director
or designee will notify the Vendor, in writing, of its failures. A meeting may be arranged to
discuss the Vendor's deficiencies. A written cure notice may be prepared giving the Vendor
14 calendar days to cure any deficiency.
12.2 In the event the Vendor continues with unsatisfactory performance, the department shall
promptly notify the Purchasing Manager who will take appropriate action to cure the
performance problem, which could include cancellation, termination for convenience or
default. If the agreement is terminated for default, the Vendor may be held liable for excess
cost.
12.3 Vendor shall be paid only those sums due and owing under this Agreement for goods and
services satisfactorily rendered.
13.0 INVOICING REQUIREMENTS
13.1 The City of Fort Worth has begun implementing an automated invoicing system.
13.2 Vendor shall send invoices electronically to our centralized Accounts Payable department
invoice email address: supplierinvoicesLa)fortworthtexas. og_v. This email address is not
monitored so please do not send correspondence to this email address. Thesole purpose of
the supplier invoices email address is to receipt and process supplier invoices.
13.3 Vendor shall include the following on the subject line of your e-mail:Vendor name, invoice
number, and PO number, separated by an underscore (ex: Example, Inc._123456_FW013-
0000001234)
13.4 To ensure the system can successfully process the invoice in an expedient manner,
please adhere to the following requirements:
13.4.1 All invoices shall be either a PDF or TIFF format.
13.4.2 Image quality must be at least 300 DPI(dots per inch).
13.4.3 Invoices shall be sent as an attachment(i.e. no invoice in the body of the email).
13.4.4 One invoice per attachment (includes PDFs). Multiple attachments per email is
acceptable but each invoice must be a separate attachment.
13.4.5 Please do not send handwritten invoices or invoices that contain handwritten notes.
13.4.6 Dot matrix invoice format is not accepted.
Non-Exclusive Overhead Door Repair and Services Agreement
Artex Overhead Door Company Page 17 of 20
13.4.7 The invoice shall contain the following information:
13.4.7.1 Supplier Name and Address;
13.4.7.2 Remit to Supplier Name and Address,if different;
13.4.7.3Applicable City Department business unit#(i.e. FW013)
13.4.7.4Complete City of Fort Worth PO number (i.e. the PO number must contain
allpreceding zeros);
13.4.7.5 Invoice number;
13.4.7.6 Invoice date; and
13.4.8 Invoices shall be submitted after delivery of the goods or services.
13.5 To prevent invoice processing delays, please do not send invoices by mail and email and
please do not send the same invoice more than once by email to
supplierinvoiceskfortworthtexas. og_v. To check on the status of an invoice,please contact
the City Department ordering the goods/services or the Central Accounts Payable
Department by email at: ZZ FIN AccountsPayable�fortworthtexas.gov.
13.6 If you are unable to send your invoice as outlined above at this time, please send your
invoice to our centralized Accounts Payable department instead of directly to the individual
city department. This will allow the city staff to digitize the invoice for faster processing.
13.7 If electronic invoicing is not possible,you may send your paper invoice to:
City of Fort Worth
Attn: FMS Central Accounts Payable
200 Texas Street
Fort Worth, Texas, 76102
The City's goal is to receive 100% of invoices electronically so that all supplier payments
are processed efficiently. To achieve this goal,we need the Vendor's support.
If Vendor has any questions, please contact the Accounts Payable team at (817) 392-2451
or by email to ZZ_FIN_AccountsPa, able e,fortworthtexas.gov. -
13.8 Vendor shall not include Federal, State of City sales tax in its invoices. City shallfamish
a tax exemption certificate upon Vendor's request
Non-Exclusive Overhead Door Repair and Services Agreement
Artex Overhead Door Company Page 18 of 20
EXHIBIT B
PAYMENT SCHEDULE
FORT WORTH.
CITY OF FORT WORTH BID OFFER
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CITY COUNCIL AGENDA Fo�11
Create New From This MSC
DATE: 1/11/2022 REFERENCE**M&C 22- LOG NAME: 13P21-0209 OVERHEAD DOOR
NO.: 0004 REPAIRSLSJ WATER
CODE: P TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: (ALL) Authorize Purchase Agreement with Artex Overhead Door Company for Overhead
Door Repairs and Services for City Facilities, with an Annual Amount Up to $348,220.00
during the Initial Term and in each of Four, One-Year Renewal Options
RECOMMENDATION:
It is recommended that the City Council authorize the execution of an agreement with Artex Overhead
Door Company for overhead door repairs and services for City owned/operated facilities, with an
annual amount up to $348,220.00 during the intial term and each of the four, one-year renewal
options.
DISCUSSION:
The Water, Pubic Events, Aviation, and Property Management Departments approached the
Purchasing Division for assistance with securing an agreement for the installation, access, protection,
security, maintenance and repair of overhead doors for city-owned/operated facilities.
Purchasing issued an Invitation to Bid (ITB) that included detailed specifications describing the
physical addresses of City of Fort Worth (City) owned facilities as well as the types of overhead doors,
gates, and lifts requiring services that will be purchased on an "as-needed" basis. The ITB
was advertised in the Fort Worth Star-Telegram on September 8, 2021, September 15, 2021,
September 22, 2021 and September 29, 2021. Two responses were received.
The bids were evaluated on best-value criteria including competitive pricing and bidder's experience,
project approach, and qualified resources. An evaluation committee comprised of City staff from the
Aviation, Water, Public Events, and Property Management Departments reviewed the responses and
provided ratings for both responses. Artex Overhead Door Company received the highest ratings and
was determined to provide the best value to the City of Fort Worth.
Staff recommends awarding a one-year agreement in an annual amount up to $348,220.00, with four,
one-year renewal options for the same annual amount. Staff certifies that the bid meets all required
specifications.
DIVERSITY AND INCLUSION (DVIN) - A waiver of the goal for M/WBE subcontracting requirements is
approved by the DVIN-BE, in accordance with the BDE Ordinance, because the application of the
purchase of goods or services is from sources where subcontracting or supplier opportunities are
negligible.
AGREEMENT TERMS - Upon City Council approval, this agreement shall begin upon execution and
expire one year from that date.
RENEWAL TERMS -This agreement may be renewed for four additional one-year renewal
periods. This action does not require specific City Council approval provided that the City Council has
appropriated sufficient funds to satisfy the City's obligations during the renewal term.
ADMINISTRATIVE CHANGE ORDERS - In addition, 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.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that upon approval of the recommendation, funds are available in the
current operating budget, as appropriated, in the participating departments' Operating Funds to
support the approval of the above recommendation and execution of the purchase agreement. Prior
to any expenditure being incurred, the participating departments have 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
Fund Department Account Project Program Activity Budget Reference# Amount
ID ID Year Chartfield 2
Submitted for City Manager's Office by: Jay Chapa (5804)
Dana Burdough ()
Originating Department Head: Reginald Zeno (8517)
Additional Information Contact: Cynthia Garcia (8525)
LaKita Slack-Johnson (8314)
ATTACHMENTS
21-0209 Signed Waiver.pdf (CFW Internal)
Artex 1295.pdf (CFW Internal)
ARTEX OVERHEAD DOOR COMPANY SAMS.pdf (CFW Internal)
DEPARTMENT FIDS 21-0209.xlsx (CFW Internal)