HomeMy WebLinkAboutContract 55460-R1 CSC No.
CSC No.55460-R1
CITY OF FORT WORTH
CONTRACT RENEWAL NOTICE
2/8/2022
Lone Star Scuba, Inc.
Attn: Manuel A. Montoro
2815 Alta Mere Drive
Fort Worth, TX 76116
Re: Contract Renewal Notice
Contract No. CSC No. 55460-R1 (the "Contract")
Renewal Term No. 1: March 25, 2022 to March 24, 2023
The above referenced Contract with the City of Fort Worth expires on March 24, 2022
(the "Expiration Date"). Pursuant to the Contract, contract renewals are at the sole option of the
City. This letter is to inform you that the City is exercising its right to renew the Contract for an
additional one (1) year period, which will begin immediately after the Expiration Date. All other
terms and conditions of the Contract remain unchanged. Please return this signed
acknowledgement letter, along with a copy of your current insurance certificate, to the
address set forth below, acknowledging receipt of the Contract Renewal Notice. Failure to
provide a signed acknowledgment does not affect the renewal.
Please log onto PeopleSoft Purchasing at http:Hfortworthtexas.gov/purchasing to ensure
that your company information is correct and up-to-date.
If you have any questions concerning this Contract Renewal Notice, please contact me at
the telephone number listed below.
Sincerely,
Brenda Ray
Sr. Contract Compliance Specialist
Brenda.ray�ic,fortworthtexas.gov
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Contract Renewal Page I of 3
CSC No. 55460
ACCEPTED AND AGREED:
CITY OF FORT WORTH CONTRACT COMPLIANCE MANAGER:
By signing I acknowledge that I am the
person responsible for the monitoring and
administration of this contract, including
B ensuring all performance and reporting
Y' Valerie Washington(Fe69,2022 09:50CST)
requirements.
Name: Valerie Washington
Title: Assistant City Manager
Date: Feb 9,2022
By:Mark Rauscher(Feb 9,202209:01 CST)
APPROVAL RECOMMENDED: Name: Mark Rauscher
a�FORr�a Title: Assistant Fire Director
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,�o o a APPROVED AS TO FORM AND
ATTEST: a�n�?fix ap LEGALITY:
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By: J ette S.Goodall(Feb 9,2022 13:5 ST)
Name: Jannette Goodall Name: Taylor, Paris
Title: City Secretary Title: Assistant City Attorney
CONTRACT AUTHORIZATION:
M& C: N/A
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Contract Renewal Page 2 of 3
CSC No. 55460
Lone Star Scuba, Inc.
By: Ma vtM.4-G A Mytty-rrr
Name: Manuel A. Montoro
Title: President
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Contract Renewal Page 3 of 3
City Sec No.
CSC No. 55460
FoRT WO ao
VENDOR SERVICES AGREEMENT
Lone Star Scuba, Inc.
This VENDOR SERVICES AGREEMENT ("Agreement") is made and entered into by and
between the CITY OF FORT WORTH("City"),a Texas home rule municipal corporation and Lone Star
Scuba, Inc. ("Vendor"), each individually referred to as a "party" and collectively referred to as the
"parties."
AGREEMENT DOCUMENTS:
The Agreement documents shall include the following:
1. This Vendor Services Agreement;
2. Exhibit A—Scope of Services;
3. Exhibit B—Price Schedule;and
4. Exhibit C—Verification of Signature Authority Form.
Exhibits A,B and C,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.
1. Scope of Services. Vendor shall provide dive equipment and maintenance and service of
dive equipment under the terms and conditions of this agreement. Exhibit"A,"-Scope of Services more
specifically describes the services to be provided hereunder.
2. Term. This Agreement shall begin on the date signed by the Assistant City Manager below
("Effective Date") and shall expire one year from the effective date("Expiration Date"),unless terminated
earlier in accordance with this Agreement("Initial Term"). 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,
at City's sole discretion.
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 by the City under this Agreement shall not exceed
Thirty-Six Thousand Nine Hundred and Seven Nine Dollars and Sixty Cents. ($36,979.60). Vendor
shall not perform any additional services or bill for expenses incurred for City not specified by this Agreement
unless City requests and approves in writing the additional costs for such services. City shall not be liable
for any additional expenses of Vendor not specified by this Agreement unless City first approves such
expenses in writing.
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 oftermination.
OFFICIAL RECORD
Services Agreement-Lone Star Scuba,Inc.
CITY SECRETARY
FT.WORTH, TX
City Sec No.
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 shall 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 shall pay Vendor for services actually rendered 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. 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 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 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 shall promptly notify Seller. It will be the responsibility of Seller to submit reasons objecting
to disclosure. A determination on whether such reasons are sufficient will not be decided by City,
but by the Office of the Attorney General of the State of Texas or by a court of competent
jurisdiction.
5.4 Unauthorized Access. Vendor shall store and maintain City Information in a secure
manner and shall not allow unauthorized users to access, modify, delete or otherwise corrupt City
Information in any way. Vendor shall 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 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
Services Agreement-Lone Star Scuba,Inc. Page 2 of 18
City Sec No.
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 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 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,Vendors and subVendors. Vendor acknowledges that the doctrine of respondeat superior shall
not apply as between City, its officers, agents, servants and employees, and Vendor, its officers, agents,
employees,servants,Vendors and subVendors.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,
servants,employees or subVendor of Vendor.Neither Vendor,nor any officers,agents,servants,employees
or subVendor 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 subVendor.
8. Liability and Indemnification.
8.1 LIABILITY- VENDOR SHALL 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 OR EMPLOYEES.
8.2 GENERAL INDEMNIFICATION- VENDOR HEREBY COVENANTS AND
AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS,
AGENTS, SERVANTS AND EMPLOYEES, FROMAND AGAINST ANYAND ALL CLAIMS
OR LAWSUITS OFANYKIND OR CHARACTER, WHETHER REAL OR ASSERTED, FOR
EITHER PROPERTYDAMAGE OR LOSS(INCLUDINGALLEGED DAMAGE OR LOSS TO
VENDOR'S BUSINESS AND ANY RESULTING LOST PROFITS) AND/OR PERSONAL
INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, ARISING OUT OF OR IN
CONNECTION WITH THIS AGREEMENT, TO THE EXTENT CAUSED BY THE
NEGLIGENT ACTS OR OMISSIONS OR MALFEASANCE OF VENDOR, ITS OFFICERS,
AGENTS,SERVANTS OR EMPLOYEES.
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 shall 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
shall have the right to conduct the defense of any such claim or action and all
Services Agreement-Lone Star Scuba,Inc. Page 3 of 18
City Sec No.
negotiations for its settlement or compromise and to settle or compromise any such claim;
however, City 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
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 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, sub Vendor shall execute a
written agreement with Vendor referencing this Agreement under which sub Vendor 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.Vendor shall provide City with certificate(s)of insurance documenting policies
of the following types and minimum coverage limits that are to be in effect prior to commencement of any
work pursuant to this Agreement:
10.1 Coverage and Limits
(a) Commercial General Liability:
$1,000,000- Each Occurrence
$2,000,000- Aggregate
Services Agreement-Lone Star Scuba,Inc. Page 4 of 18
City Sec No.
(b) Automobile Liability:
$1,000,000- Each occurrence on a combined single limit basis
Coverage shall be on any vehicle used by Vendor, its employees, agents,
representatives in the course of providing services under this Agreement. "Any
vehicle"shall 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 work is being performed
Employers' liability
$100,000- Bodily Injury by accident; each accident/occurrence
$100,000- Bodily Injury by disease; each employee
$500,000- Bodily Injury by disease;policy limit
(d) Professional Liability(Errors&Omissions):
$1,000,000- Each Claim Limit
$1,000,000- Aggregate Limit
Professional Liability coverage may be provided through an endorsement to the
Commercial General Liability (CGL) policy, or a separate policy specific to
Professional E&O. Either is acceptable if coverage meets all other requirements.
Coverage shall 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 shall be submitted to City to evidence coverage.
10.2 General Requirements
(a) The commercial general liability and automobile liability policies shall
name City as an additional insured thereon, as its interests may appear. The term
City shall include its employees, officers, officials, agents, and volunteers in
respect to the contracted services.
(b) The workers' compensation policy shall 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 shall be provided to City. Ten (10) days' notice shall be
acceptable in the event of non-payment of premium. Notice shall 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
Services Agreement-Lone Star Scuba,Inc. Page 5 of 18
City Sec No.
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 shall not constitute a waiver of the insurance requirement.
(f) Certificates of Insurance evidencing that Vendor has obtained all required
insurance shall be delivered to the City prior to Vendor proceeding with any work
pursuant to this Agreement.
11. Compliance with Laws.Ordinances.Rules and Regulations.Vendor agrees that in the
performance of its obligations hereunder, it 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 laws, ordinances, rules or regulations, Vendor shall immediately desist
from and correct the violation.
12. Non-Discrimination Covenant. Vendor, for itself, its personal representatives, assigns,
subVendors and successors in interest,as part of the consideration herein,agrees that in the performance 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, SUBVENDORSS 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 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 Lone Star Scuba, Inc.
Attn: Valerie Washington Manuel A Montoro,President
Assistant City Manager 2815 Alta Mere Drive
200 Texas Street Fort Worth, Texas 76116
Fort Worth,TX 76102-6314
Facsimile: (817) 392-8654
With copy to Fort Worth City Attorney's Office
at same address
14. Solicitation of Emjjlovees. 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.
Services Agreement-Lone Star Scuba,Inc. Page 6 of 18
City Sec No.
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 tothis
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.
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 shall 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.
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 or
Exhibits A,B, and C.
22. Amendments / Modifications / 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. Entirety of Agreement. This Agreement, including Exhibits A, B and C, 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
Services Agreement-Lone Star Scuba,Inc. Page 7 of 18
City Sec No.
null and void to the extent in conflict with any provision of this Agreement.
24. Counterparts. 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) refund the fees paid by City to Vendor for the nonconforming
services.
26. Immigration 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 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 violations 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/or 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-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 ofCity.
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 Exhibit"C".Each party 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.
Services Agreement-Lone Star Scuba,Inc. Page 8 of 18
City Sec No.
30. No Boycott of Israel. If Vendor has fewer than 10 employees or this Agreement isfor
less than $100,000,this section does not apply.Vendor acknowledges that in accordance with Chapter
2270 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" 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 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.
(signature page follows)
Services Agreement-Lone Star Scuba,Inc. Page 9 of 18
City Sec No.
ACCEPTED AND AGREED:
CITY OF FORT WORTH:
CONTRACT COMPLIANCE MANAGER:
By signing I acknowledge that I am the person
Valerie Washington(Mar 25,202113:28 Cgr responsible for the monitoring and administration of
By: this contract,including ensuring all performance and
Name: Valerie Washington reporting requirements.
Title: Assistant City Manager Alaw LAe-
Date: Mar 25 2021
By: Alan Lake(Mar 25,202110:14 CDT)
Name: Alan Lake
APPROVAL RECOMMENDED: Title: Fire Captain
APPROVED AS TO FORM AND LEGALITY:
J s Davis(A`,;:,25,202111:01 CDT)
Name: Jim Davis Chrisfovher. ustria
By Christopher Austria(Mar25,202113:24 CDT)
Title: Fire Chief Name: Christopher Austria
d�o� Title: Assistant City Attorney
ATTEST: aa�' OR� �a
OF°F°°°°ray
��o °°O�� CONTRACT AUTHORIZATION:
l•o o��� M&C: N/A
000 S=p (Ordinance No. 24089-03-2020)
By. �� *o a�c
Name: Mary Kayser d� °°°°°°°° ° a
Title: City Secretary �a�nEXASaAp
VENDOR: Lone Star Scuba,Inc.
M&KuhiG A Mmli-v d-
Name: Manuel A Montoro,President
Date: 24 March 2021
OFFICIAL RECORD
CITY SECRETARY
Services Agreement-Lone Star Scuba,Inc. FT.WORTH, TX
City Sec No.
EXHIBIT A
SCOPE OF SERVICES
DETAILED SCOPE OF SERVICESISPECIFICATIONS
1.0 Service Items:
1.1 Scuba Pro brand bi annual service-1st stage regulators:
1.1 A Visual inspection of all exterior components.
1.1.2 Disassembly and inspection of internal components.
1.1.3 Hydro-sonic cleaning of all replaceable parts.
1.1 A Replace all 0-rings and routinely perish able+replaceable parts
1.1.5 Reassembly of all parts to the correct torque specifications and adjust for proper
pressure reduction
2.2 Scuba Pro brand bi annual service-2nd stage regulators:
2.21 Visual inspection of all exterior components.
2.2.2 Disassembly and inspection of internal components.
2.2.3 Hydro-sonic cleaning of all replaceable parts
2.2.4 Replace all 0-nngs and routinely perishable replaceable parts.
2.25 Reassembly of all parts to the correct torque specifications and adjust for proper
pressure reduction
2.2.6 Test the ability of second stage to hold intermediate pressure
2.2.7 Test and adjust the cracking pressure for proper inhalation effort.
2.3 Ocean Reef brand full face piece service-annual:
2.3.1 Ocean Reef full face pieces require all of the above.plus
2.3.2 Pressure test the positive pressure integrity of the face mask
2.3.4 Inspect/replace head straps,nose blocks.face cup and one way flapper valves.
2A Oceanic brand dive computer annual service:
2.4.1 Pressure test unit to a functional depth of 330'.
2.4.2 Inspections of buttons.
2.43 Replace battery.
2.4.4 Replace battery compartment 0 ring and water proof integrity test of the computer.
ITB 21-0040 Dive Equipment and Service
36 of 51
Services Agreement-Lone Star Scuba,Inc. -Exhibit A Page 11 of 18
City Sec No.
3.0 Requirements:
3.1.1 The vendor must be a certified Scuba Pro dealer and have a Scuba Pro technician
on staff to service and maintain the gear.
3.1.2 The vendor must be an Ocean Reef dealer.
3.1.3 The vendor must be a Diving Unlimited International dealer.
3.1.4 The Vendor must be certified to be able to provide Service for the existing
equipment and the new equipment Fire Department will acquire.
3.1.5 The vendor must have a physical location within the City of Fort Worth limits.
Vendor shall provide the following goods:
4.0 Dive Equipment Specifications
1. ScubaPro Spectra Dive Mask
2. ScubaPro Apnea J-Snorkel
3. ScubaPro Delta Booties
4. ScubaPro Jet Fins
5. ScubaPro Sport Steamer 3mm Wetsuit
6. ScubaPro mesh equipment bag
7. Standard weight belt
8. Weights
4.1 Industry Standard Equipment Service
9. ScubaPro Bi-Annual Service for 1 sc stage regulators
10. ScubaPro Bi-Annual Service for 2"d stage regulators
11. ScubaPro Annual Service for Balanced Pressure Inflators
12. ScubaPro Annual Service BCD's
13. DUI Drysuit Annual Service/Pressure test
14. Ocean Reef Full Face Mask(FFM)annual 2nd stage service
15. Cylinder Annual VIP
16. Cylinder Hydrostatic test every 5 years
17. Oceanic Dive Computers annual service/battery change
Services Agreement-Lone Star Scuba,Inc. -Exhibit A
Page 12 of 18
City Sec No.
4.2 Operational Equipment
18. ScubaPro MK17(DIN) 1st stage
19. ScubaPro G260 2nd stage
20. ScubaPro R095 octopus 2nd stage
21. ScubaPro Analog 2-gauge console
22. ScubaPro backplate(BP)Ming BCD
23. Ocean Reef Ironman full face mask(FFM)
24. Ocean Reef FFM Nose block and adapters
25. Omni-Swivel gas switch block
26. Cylinder AL80 DIN-compatible
27. Cylinder AL19 DIN-compatible
28. Ocean reef Quick-connect/disconnects
29. DUI 3'd generation weight harness
30. HP port plug O-rings
31. LP port plug O-rings
32. Cylinder O-rings
33. Cylinder O-rings (DIN)
34. LP hose primary
35. LP hose yellow-octopus
36. HP hose spg-gauges
37. DUI Drysuit TLS-350 PSD
38. DUI Drysuit neck seals
39. DUI Drysuit wrist seals
40. Trident quick-draw pony bottle bracket
41. Pony bottle pressure gauge
42. ScubaPro Jet-Fin heal strap
43. Drysuit Hangers
44. DUI Drysuit rock boots assorted sizes
Services Agreement-Lone Star Scuba,Inc. -Exhibit A Page 13 of 18
City Sec No.
4.4 Training Equipment
45. ScubaPro Level BCD Jacket style
46. ScubaPro MK2/R195
47. ScubaPro R095 Octopus
48. ScubaPro 2-gauge console
49. Octopus keep
50. Snap-ring gauge keeper
51. Zip-ties
52. Cylinder AL80 DIN-compatible
53. Cylinder AL19 DIN-compatible
54. ScubaPro backplate(BP)/Wing BCD
55. ScubaPro MK17(DIN) 1st stage
56. Ocean Reef Ironman full face mask (FFM)
57. Omni-Swivel gas switch block
58. Trident quick-draw pony bottle bracket
59. Pony bottle pressure gauge
60. DUI Drysuit
61. BCD Hangers
62. Wetsuit Hangers
63. Drysuit Hangers
64. DUI Drysuit rock boots assorted sizes
Services Agreement-Lone Star Scuba,Inc. -Exhibit A Page 14 of 18
City Sec No.
EXHIBIT B
PRICE SCHEDULE
FORT WORTH
CITY OF FORT WORTH BID OFFER
Event ID Page Invited:
cFil0 1-0a 0 1
Event Round Version
t t
Event Name
ITBve Equiptoent and Ser,rice
"tart Time Finish Time Submit To: City of Fort Worth
PURCHASING DIVISION
LOWER LEVEL CITY HALL
200 TEXAS ST.
Fort Worth TX 76102
United States
Email: Fh1SPurchasingResponses(§fort-vorthtexas.gov
Line Details
Line: 1
Description: CAY Unit UnkPrice Total
ScubaPro Spectra Dive Mask 20.00 EA
color Black PIN 24.847.100
Brand Name or Include $45.50 1$910.00
Manufacturer Equal
Line: 2
Description: oty Unit UnkPrlce Total
ScubaPro Apnea J-Snorkel PiN 26.130.000 20.00 EA
Brand Nary or Include
Manufacturer Equal $14.30 $286.00
Line: 3
Description:
oty Unit Unkprice Total
Scubaloro Delta Dive Boot,5m 20.00 PR
PIN 57.138
Brand Nameude Maims(iewrar or Equal E$2.9990 $858.00
=- 4
Description: oty Until UnkPrice Total
ScubaPro Jet Fin PM 25.351.008rand Name or 20.00 EA
Include Manufacturer Equal
$91.00 $1820.00
Line: 5
Description: city Unit UnitPrice Total
Scuba Pro Trinidad 3 dive mask
Blue PIN 21.156.200 20.00 EA
Brand Name or Include Manufacturer cr Equal $29.90 $598.00
24 r x 200(MeCkO W—9D i
tJna. 6
Description: city Unit UnItPrIce Total
Scuba Pro Zoom dive mask 20.00 EA
Black P/N 24.157.012
Brand Name or Include Manufacturer or Equal 1$832.00
Line: 7
Description: Cry Unk UnitPrice Total
Scuba Pro Trinidad adult mask,snorkel combo Black 2000. EA
A 24.082.000
Brand Name or Include Manufacturer Equal $42.90 $858.00
Line: 8
Descnpkon: city Unit UnkPrice Total
Scuba Pro Doke Short dive boot.3mm 2000. PR
A 67.166.100
Brand Name or Include Manufacturer Equal $31.20 $624.00
ITB 21-0040 Dive Equipment and Service
3of51
Services Agreement-Lone Star Scuba,Inc.-Exhibit B Page 14 of 18
City Sec No.
FORT WORTH
Ir- CITY OF FORT WORTH BID OFFER
EventID Page Invited:
crw^1-^1-0040
Event Round Version
1 1
Event Name
1'1'H Ui_. h _nL and S._ivicc
Start Time Finish Time Submit To: City of Fort Worth
01 20 2021 00:00: 0 CST o2 a 1o2> 13:10:00 CST PURCHASING DIVISION
LOWER LEVEL CITY HALL
200 TEXAS ST.
Fort Worth TX 76102
United States
Email: FMSPurchasingResponses@forf.vorthtexas.gov
Line: 9
Description: Qty Unit Unifto Total
Scuba Pro Jet Sport Fin 20.00 EA
P N 25.879.200
Brand Name or Include Manufacturer Equal $49.40 $988.00
Line: 10
Description: Qty Unit UnitPrice Total
Scuba Pro Sport Steamer G2,3mm::etsuit,men 20.00 EA
BlacklYellcw PIN 63.648.200 $119.60 $2,392.00
Brand Name or Include Manufacturer Equal
Line: 11
Decennuen• Qty Unit UnitPrice Total
Scuba Pro Sport Steamer G2 3mm wetsuR,womenBrand PIN 20.00 EA
63.661.100 Brand Name or Include $119.60 1$2,392.00
Manufacturer Equal
Line: 12
Description: Qtv Unit UnitPrice Total
Scuba Pro MK17rG260(DIN),1st stage regulator 10.00 EA
combo
PIN 12.172.030 Brand Name or Include Manufacturer $499.00 $4,990.00
Equal mta—L111w11co—ft vrar
Line: 1
Description: Qty Unit UnitPrlce Total
10.00 EA
Scuba Pro MK2/R195 regulator PIN 12.118.000
Brand Name or Include Manufacturer Equal 1$2,587.00
Line'
Description:
Qty Unit UnitPrlce Total
Scuba Pro R095 Octopus 2nd stage regulator PIN 15.00 EA
11.330.400
Brand Name or Include Manufacturer Equal $101.40 $1,521.00
Line: 15
Description: Qty Unit UnitPrlce Total
Scuba Pro 2-Gauge U-Line 5.00 EA
PGpsi console PIN 05.012.210
Brand Name or Include Manufacturer Equal 1123.50 $617.50
n:,ut'1 Ylll(YM!M.IM in trnpMv wr4M n rMt,mt I,MtMS)
Line: 16
Description: Qty Unit UnitPrlce Total
Ocean Reef FFM nose block and adapters for the Iron 10.00 EA
Mask
PIN 6926,6927,6928 Brand Name or Include $12.80 $128.00
Manufaturer Equal
Line: 17
Description: Qty Unit UnitPrice Total
Omni-Swivel gas switch block 2.00 EA
PIN GSB•RIL
Brand Name or Include Manufacturer Equal $315.00 $630.00
ITB 21-0040 Dive Equipment and Service
4of51
Services Agreement-Lone Star Scuba, Inc. -Exhibit B Page 15 of 18
City Sec No.
FORT WORTH
CITY OF FORT WORTH BID OFFER
Event ID Page Invited:
CFW01-21-0040 5
Event Round Version
1 1
Event Name
ITS Dive Equipment and Service
Start Time Finish Time Submit To: City of Fort Worth
01 20 2021 08:00:00 CST 02 11 2021 13:30:00 CST PURCHASING DIVISION
LOWER LEVEL CITY HALL
200 TEXAS ST.
Fort Worth TX 76102
United States
Email: FMSPurchasingResponses@fortworthtexas.gov
Line: 18
Description: City Unit UnitPrice Total
Catalina AL80 cylinder,DIN compatible 10.00 EA
P/N S80Brand Name or Include Manufacturer Equal p pp p pp
SubstRule Metal Impact(US made)AL80 wM DIN—Uble valve $18t7.00 $1,880.00
Line: 19
Description:
Qtv Unit UnitPrice Total
Catalina AL19 cylinder,DIN compatible Part#S19 10.00 EA
Brand Name or Include Manufacturer Equal $144.00 $1,440.00
Substitute Metal Impact NS made)AL19 wim DIN convertible valve
Line: 20
Description:
Qty Unit UnitPrice Total
DUI CX0100 dry suit replacement neck seals SKU 20.00 EA
302260
Brand Name or Include Manufacturer Equal $89.70 $1,794.00
Line: 21
Description: Qty Unit UnitPrice Total
DUI CXO100 dry suit replacement wrist seals SKU 20.00 EA
302275
Brand Name or Include Manufacturer Equal $63.70 $1,274.00
Line: 22
Description: Qty Unit UnitPrice Total
DUI dry suit rock boots,assorted sizes SKU 720724 75.00 EA
Brand Name or Include Manufacturer Equal $78 00 $5 8550
Line: 23
Description:
Qty Unit UnitPrice Total
Scuba Pro brand bi annual service- 1st 10.00 EA
stage regulators: $75.00 $750.00
Per Service
Line: 24
Description: Qty Unit UnitPrice Total
Scuba Pro brand bi annual service -2nd 10.00 EA
stage regulators:
Per Service $53.00 $530.00
Line: 25
Description: city Unit UnttPrice Total
Ocean Reef brand full face piece service- 10.00 EA
annual:
Per Service $140.00 $1,400.00
Line: 26
Description: Qty Unit UnitPrice Total
Oceanic brand dive computer annual service: 2.00 EA
Per Service
$15.00 $30.00
ITB 21-0040 Dive Equipment and Service
6of51
Services Agreement-Lone Star Scuba, Inc. -Exhibit B Page 16 of 18
City See No.
FORT WORTH.
*ir-- CITY OF FORT WORTH BID OFFER
Evan,'D Page Invited:
CFWO1-2 -004 0
Event Round Version
1
Event Name
JTBc E u me t ' d s_xvice
start Time Finish Tlms Submit To: City of Fort Worth
CST 0 CST PURCHASING DIVISION
LOWER LEVEL CITY HALL
200 TEXAS ST.
Fort Worth TX 76102
United States
Email: FMSPurchasingResponses@ffortworthtexas.gov
Sce.l Did A—t, $37,979.60
ITB 21-0040 Dive Equipment and Service
7of51
Services Agreement-Lone Star Scuba,Inc.-Exhibit B Page 17 of 18
City Sec No.
EXHIBIT C
VERIFICATION OF SIGNATURE AUTHORITY
Lone Star Scuba, Inc.
2815 Alta Mere Drive
Fort Worth,Texas 76116
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: Manuel A Montoro
Position:President
MR,`WII A Mmf77 rct
Signature
2. Name:
Position:
Signature
3. Name:
Position:
Signature
Name:
MGWf.G 9 A M.Unf71 &-
Signature of President/CEO
Other Title: President
Date: 24 March 2021
Services Agreement—Exhibit C Page 18 of 18