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HomeMy WebLinkAboutContract 57405 CSC No. 57405 FORT WORTH CITY OF FORT WORTH COOPERATIVE PURCHASE AGREEMENT This Cooperative Purchase Agreement ("Agreement") is entered into by and between Aardvark ("Vendor") and the City of Fort Worth, ("City"), a Texas home rule municipality. The Cooperative Purchase Agreement includes the following documents which shall be construed in the order of precedence in which they are listed: 1. This Cooperative Purchase Agreement; 2. Exhibit A— Seller's Quote, Scope of Services or Purchase Order; 3. Exhibit B—Cooperative Agency Contract GS-07F-141DA and 4. Exhibit C—Conflict of Interest Questionnaire Exhibits A, B, and C,which are attached hereto and incorporated herein, are made a part of this Agreement for all purposes. Vendor agrees to provide City with the services and goods included in Exhibit A pursuant to the terms and conditions of this Cooperative Purchase Agreement, including all exhibits thereto. City shall pay Vendor in accordance with the fee schedule in Exhibit A and in accordance with the provisions of this Agreement. Total payment made under this Agreement by City shall not exceed the amount of Twenty-Five Thousand Dollars ($25,000.00). Vendor shall not provide any additional items or services or bill for expenses incurred for City not specified by this Agreement unless City requests and approves in writing the additional costs for such services. City shall not be liable for any additional expenses of Vendor not specified by this Agreement unless City first approves such expenses in writing. The term of this Agreement is effective beginning on the date signed by the Assistant City Manager below("Effective Date") and expires on July 31, 2022. Vendor agrees that City shall,until the expiration of three(3)years after final payment under this Agreement, or the final conclusion of any audit commenced during the said three years, have access to and the right to examine at reasonable times any directly pertinent 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. 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: OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX To CITY: To VENDOR: City of Fort Worth Aardvark Attn: Fernando Costa, Assistant City Manager Brent Doan, Director of Sales 200 Texas Street 1935 Puddingstone Drive Fort Worth, TX 76102-6314 La Verne, CA 91750-5818 Facsimile: (817) 392-8654 With copy to Fort Worth City Attorney's Facsimile: 909-392-3823 Office at same address The undersigned represents and warrants that he or she has the power and authority to execute this Agreement and bind the respective Vendor. CITY OF FORT WORTH: CONTRACT COMPLIANCE MANAGER: By signing I acknowledge that I am the person By: responsible for the monitoring and administration Name: Fernando Costa of this contract,including ensuring all Title: Assistant City Manager performance and reporting requirements. Date: APPROVAL RECOMMENDED: By: Sasha Kane(Apr 13,202211:57 CDT) Name: Sasha Kane Title: Contract Compliance Manager By: Neil Noakes(Apr 1 ,2022 12:36 CDT) pg4g44�n�� a APPROVED AS TO FORM AND LEGALITY: Name: Neil Noakes of FOR o Title: Police Chief ��° o9�0 Pvo 000 o*dd Y ATTEST: $ By: a�tt nEapg�pp Name: Taylor Paris r Title: Assistant City Attorney 7Gl'�'l�'lGI��GI c). GDOG�GI'LL By: Jannette S.Goodall(Apr 13,2022 15:24 CDT) CONTRACT AUTHORIZATION• Name: Jannette Goodall M&C: N/A Title: City Secretary VENDOR: Aardvark �- By: (Audrey Horstman- Lead Acct Manager) Name: Brent Doan Title: Director of Sales OFFICIAL RECORD Date: 03-09-22 CITY SECRETARY FT.WORTH,TX EXHIBIT A J"DVfflJWK Sales Quote 1935 Puddingstone Dr Page: 1 La Verne, CA 91750 Sales Quote Number: SQ15888 TEL: 800-997-3773 FAX: 909-392-3823 Sales Quote Date: 1/24/2022 FED TAX ID:95-4451904 Quote Valid To: 3/31/2022 Sell Ship To: Fort Worth Police Department To: Fort Worth Police Department Attn: Remy Norris Attn: Remy Norris 310 Gulfstream Road 310 Gulfstream Road Fort Worth,TX 76106 Fort Worth,TX 76106 USA USA Customer ID: FORTWORTHPOL01 Ship Via: Best Way SalesPerson: Brent Doan Terms: Net 30 Days Contact: Attn: Remy Norris Entered By: ATI\AHORSTMAN Item No. Description Unit Qty GSA Unit Price Total Price AARD-20007 Tactical Operators Kit 3: Includes V50/X5 Gen II LE Kit and EACH 10 GSA 1,824.94 18,249.40 Comm Cables SIN 332216 AARD-20008 Tactical Operators Accessories Kit 3: Includes Qty 1 each of EACH 1 GSA 889.41 889.41 Foam Tips-6 Sizes of 15 Pairs Case; SIN 332216 Comply Canal Tips- Black,Short Standard, 100;Comply Canal Tips-Purple,Short Large, 100 NON TAXABLE Non Taxable Freight EACH 1 59.00 59.00 FREIGHT Work Description: GSA CONTRACT#GS-07F-141 DA DELIVERY 60-90 DAYS ARO Please contact Audrey Horstman at 909.451.6101 or ahorstman@aardvarktactical.com when you are ready to place this order. Thank you and have a great day! All items not marked as GSA are open market Subtotal: 19,197.81 No return will be accepted unless a Return Authorization is issued prior to the goods being returned.If Invoice Discount: 0.00 the error which necessitates the return is a result of an AARDVARK error,no restocking fee will be Total Sales Tax: 0.00 charged.Merchandise may be returned within 30 days of purchase and buyer will be subject to a 20% restocking fee.All returns must be Freight Prepaid and in new sellable condition.Credit for the value of the returned merchandise(less restocking fees and shipping charges)will be made.Defective Total: 19,197.81 merchandise is not subject to any restocking fee.Customized orders are non-returnable. EXHIBIT B GSA#GS-07F-5989R TERMS&CONDITIONS PRICE LIST https://www.gsaadvantage.gov/ref text/GS07F141DA/0WZ6PP.3SPJ0E GS-07F- 141DA 2021GSATERMSANDCONDITIONS.PDF GSA#GS-07F-5989R CONTRACT CLAUSES/EXCEPTIONS https://www.gsaelibrary.gsa.gov/ElibMain/home.dohttp:/www.gsaeIibrary./`20gsa.gov/ElibMain/contractClause s.do?scheduleNumber=MAS&contractNumber=GS-07F- 141DA&contractorName=AARDVARK&duns=DGSKHRKYPDK9&source=ci&view=clauses EXHIBIT C CONFLICT OF INTEREST QUESTIONNAIRE FORM CIO For vendor doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. OFFICE USE ONLY This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who Date Received has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Government Code. A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code.An offense under this section is a misdemeanor. jJ Name of vendor who has a business relationship with local governmental entity. AARDVARK 2 Check this box if you are filing an update to a previously filed questionnaire.(The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.) 3 Name of local government officer about whom the information is being disclosed. Remy Norris - Fort Worth PD Name of Officer 4J Describe each employment or other business relationship with the local government officer, or a family member of the officer,as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local government officer. Complete subparts A and B for each employment or business relationship described. Attach additional pages to this Form CIO as necessary. N/A A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income, other than investment income, from the vendor? Yes F No B. Is the vendor receiving or likely to receive taxable income,other than investment income,from or at the direction of the local government officer or a family member of the officer AND the taxable income is not received from the local governmental entity? Yes No 5 Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership interest of one percent or more. N/A s ❑ Check this box if the vendor has given the local government officer or a family member of the officer one or more gifts as described in Section 176.003(a)(2)(B), excluding gifts described in Section 176.003(a-1). 7 - o" 03-09-22 Signature of vendor doing business with the governmental entity Date Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 1/1/2021 CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity A complete copy of Chapter 176 of the Local Government Code maybe found at http://www.statutes.Iegis.state.tx.us/ Docs/LG/htm/LG.176.htm. For easy reference, below are some of the sections cited on this form. Local Government Code§176.001(1-a):"Business relationship"means a connection between two or more parties based on commercial activity of one of the parties. The term does not include a connection based on: (A) a transaction that is subject to rate or fee regulation by a federal, state, or local governmental entity or an agency of a federal, state, or local governmental entity; (B) a transaction conducted at a price and subject to terms available to the public; or (C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and that is subject to regular examination by, and reporting to, that agency. Local Government Code§176.003(a)(2)(A)and(B): (a) A local government officer shall file a conflicts disclosure statement with respect to a vendor if: (2) the vendor: (A) has an employment or other business relationship with the local government officer or a family member of the officer that results in the officer or family member receiving taxable income, other than investment income, that exceeds $2,500 during the 12-month period preceding the date that the officer becomes aware that (i) a contract between the local governmental entity and vendor has been executed; or (ii) the local governmental entity is considering entering into a contract with the vendor; (B) has given to the local government officer or a family member of the officer one or more gifts that have an aggregate value of more than$100 in the 12-month period preceding the date the officer becomes aware that: (i) a contract between the local governmental entity and vendor has been executed; or (ii) the local governmental entity is considering entering into a contract with the vendor. Local Government Code§ 176.006(a)and (a-1) (a) A vendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship with a local governmental entity and: (1) has an employment or other business relationship with a local government officer of that local governmental entity,or a family member of the officer,described by Section 176.003(a)(2)(A); (2) has given a local government officer of that local governmental entity, or a family member of the officer,one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B),excluding any gift described by Section 176.003(a-1);or (3) has a family relationship with a local government officer of that local governmental entity. (a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator not later than the seventh business day after the later of: (1) the date that the vendor: (A) begins discussions or negotiations to enter into a contract with the local governmental entity; or (B) submits to the local governmental entity an application,response to a request for proposals or bids, correspondence, or another writing related to a potential contract with the local governmental entity;or (2) the date the vendor becomes aware: (A) of an employment or other business relationship with a local government officer, or a family member of the officer,described by Subsection(a); (B) that the vendor has given one or more gifts described by Subsection (a);or (C) of a family relationship with a local government officer. Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 1/1/2021