HomeMy WebLinkAboutContract 57417 CSC No. 57417
FORT WORTH,,,,,
VENDOR SERVICES AGREEMENT
Kee Service Company
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,acting by and
through its duly authorized Assistant City Manager, and KEE SERVICE COMPANY. ("Vendor"), a
Texas General Partnership and acting by and through its duly authorized representative,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;
4. Exhibit C— City's RFQt No.22-0078
5. Exhibit D— Contractor's Bid Response to City's RFQt No. 22-0078; and
6. Exhibit E—Verification of Signature Authority Form.
Exhibits A, B, C, D, and E, 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,
C, or D 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 maintenance and repair service to nine (9)
stationary compactors ("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 April 04,2022 ("Effective Date")and expires on April
03,2023("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
conditions,for up to four(4)one-year renewal option(s) (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 each year, under this Agreement, will not exceed Fifty Thousand and 00/100 Dollars
($50,000.00). Vendor will 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 will not be liable for any additional expenses of Vendor not specified by this Agreement
unless City first approves such expenses in writing. OFFICIAL RECORD
4. Termination.
CITY SECRETARY
FT.WORTH,TX
Vendor Services Agreement Page 1 of 79
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
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. Right 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
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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 Contractor. It is expressly understood and agreed that Vendor will 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 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, contractors, 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, contractors, or subcontractors. Neither Vendor, nor any officers,
agents, servants, employees, contractors, 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 on
behalf of itself,and any of its officers,agents, servants,employees,contractors,or contractors.
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, CONTRACTORS, OR
SUBCONTRACTORS.
8.2 GENERAL INDEMNIFICATION- VENDOR HEREBY COVENANTS AND
AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS,
AGENTS,SERVANTSAND EMPLOYEES,FROMAND AGAINST ANYAND ALL CLAIMS
OR LAWSUITS OFANYKIND OR CHARACTER, WHETHER REAL OR ASSERTED,FOR
EITHER PROPERTYDAMAGE OR LOSS(INCL UDINGALLEGED DAMAGE OR LOSS TO
VENDOR'S BUSINESS AND ANY RESULTING LOST PROFITS) AND/OR PERSONAL
INJURY, INCL UDING 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, CONTRACTORS, 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,
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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 Subcontracting.
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
obligations may apply. Vendor must provide City with a fully executed copy of any such
subcontract.
10. Insurance. Vendor must 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 Services pursuant to this Agreement:
10.1 Coverage and Limits
(a) Commercial General Liability:
$1,000,000- Each Occurrence
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$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):
$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
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.
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(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.
11. 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,
contractors,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, CONTRACTORS,
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:
To CITY: To VENDOR:
City of Fort Worth Kee Service Company
Attn: Assistant City Manager Ross Asher,General Manager
200 Texas Street 1515 American Way
Fort Worth,TX 76102-6314 Cedar Hill,TX 75104
Facsimile: (817) 392-8654 Email: keeservicecompany@gmail.com
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,
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whether as employee or independent contractor, any person who is or has been employed by the other
during the term of this Agreement, without the prior written consent of the person's employer.
Notwithstanding the foregoing, this provision 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. Governing 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.
20. Headings not Controlling. Headings and titles used in this Agreement are for reference
purposes only,will 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 will 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 will be binding upon a party hereto unless set forth in a written instrument, which is
executed by an authorized representative of each party.
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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 (I-9). Upon request by City, Vendor will provide City with copies of all I-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, CONTRACTORS, 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.
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. Change 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
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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 Boycotting Energy 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
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,including all attachments and exhibits,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
Vendor Services Agreement Page 9 of 79
declared null and void to the extent in conflict with any provision of this Agreement.
IN WITNESS WHEREOF,the parties hereto have executed this Agreement in multiples.
CITY OF FORT WORTH:
CONTRACT COMPLIANCE MANAGER:
By signing I acknowledge that I am the person
responsible for the monitoring and administration of
By.
Valerie Washington(Apr 15,202211:27 CEZ this contract,including ensuring all performance and Name: Valerie Washington reporting requirements.
Title: Assistant City Manager
R.ex lww"Oyy
By: Rex Johnson(Apr 15,2022 09:53 CDT)
APPROVAL RECOMMENDED: Name: Rex Johnson
Title: Environmental Supervisor
Chris McAllister APPROVED AS TO FORM AND LEGALITY:
By:
Chris McAllister(Apr 15,2022 09:56 CDT)
Name: Chris McAllister aaA4FORr��a
Title: Actin Assistant Director ppt.0000°°�o*�a
g p,>o °%,0
a o9 0
A_o o�d By:
ATTEST: Pv 0=� Name: Christopher Austria
°�`d Title: Assistant City Attorney
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CONTRACT AUTHORIZATION:
pr By: Jannette S.Goodall(A 15,202212:13 CDT) M&C• N/A
Name: Jannette S. Goodall Form 1295• NA
Title: City Secretary
VENDOR:
Kee Service Company
By:
ross asher(Apr 15,2022 09:49 CDT)
Name: Ross Asher
Title: General Manager
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH,TX
Vendor Services Agreement Page 10 of 79
City Secretary Contract No.
EXHIBIT A
SCOPE OF SERVICES
STATIONARY COMPACTOR MAINTENANCE AND REPAIR
1.0 SCOPE
1.1 Provide maintenance and repair services for nine (9) stationary compactors within the City in
accordance with the descriptions and specifications listed in this solicitation.
1.1.1 Eight(8) stationary compactors are at four(4)drop off sites located at 2500
Brennan, 5000 Martin Luther King, 6260 Old Hemphill Road and 301 Hillshire
Drive.
1.1.2 One (1) stationary compactor located is at Environmental Collection Center
(ECC), 6400 Bridge Street.Also one Avengard FD-3000 Styrofoam densifier and
one Paint consolidation machine by Prodeva. (Please contact Department for
clarification)
1.2 Code Compliance Department shall utilize the Agreement for maintenance and repair
services for stationary compactors.
1.3 The successful bidder,hereinafter, "Contractor", shall provide maintenance and repair
services for stationary compactors on an as needed basis,as requested by the City.
1.4 The term of the Agreement shall be for an initial one-year(1)period,with four(4)options to
renew for additional one-year periods.However,if funds are not appropriated,the City of
Fort Worth(City)may cancel the agreement 30 calendar days after providing written
notification to the Contractor.
1.5 Contractor shall respond and supply requested materials or services required during regular
business hours within a maximum of four(4)business days or less including shipment by
mutual agreement from the time original request is made.
1.6 The Contractor shall provide unit prices for listed items required on the bid solicitation page.
1.7 Unit prices shall include all associated costs,not limited to delivery,fuel and handling
charges.No additional charges will be accepted or paid by the City.
1.8 Following the award,additional goods and/or services of the same general category that
could have been encompassed in the award of this Agreement,and that are not already on the
Agreement,may be added.
2.0 GENERAL REQUIREMENTS
2.1 The Contractor shall provide all labor,tools,equipment,and materials necessary to provide
service on nine (9),four-yard stationary compactors, 15 amp,230 volt with a(40)fortyyard
Vendor Services Agreement Page 11 of 79
octagon receivers(four-sided hoppers with safety gate— 10 foot guided island),as directed by
an authorized City employee.
2.2 Services include,but are not limited to: Repair and maintain compactors Serial#284,285,
286,287,288,289,290,291 and 292.Styrofoam machine #FD3000v4A8 and Paint
consolidation machine XCE121206N4
2.2.1 MONTHLY MAINTENANCE INSTRUCTIONS:
2.2.1.1 Make sure the service disconnect is disengaged and locked out before
performing maintenance on the compactor. It is advisable to also remove
the control circuit fuse as a secondary precaution to prevent the
compactor from being started accidentally. Double check circuit breakers
to make sure they are off,
2.2.2 This schedule shall be followed to protect against premature failure and/or wear
of mechanical or hydraulic components:
2.2.2.1 Check the level of the oil in the tank.Add petroleum based AW32 or
equivalent oil as necessary;
2.2.2.2 Check hydraulic hoses and fittings for leaks. Tighten the fittings or
replace the hoses;
2.2.2.3 Remove dust and dirt from outside of control box;
2.2.2.4 Wipe off any grease,oil,or moisture from power plant;
2.2.2.5 Observe one complete cycle to verify proper operation;
2.2.2.6 Visually inspect condition of compactor for potential problems;
2.2.2.7 Clean refuse from behind ram;
2.2.2.8 Make sure the compactor is securely anchored to the floor;
2.2.2.9 Apply grease to grease fittings as applicable;
2.2.2.10 Lubricate ram bearing surfaces;
2.2.2.11 Check the condition of the oil. Change if discolored(milky or dark)
dirty,contains water,smells burnt,or lacks lubricity when rubbed
between the fingers;
2.2.2.12 Check cylinder pins and retaining bolts;
2.2.2.13 Check ram position switch.Adjust or tighten arm as necessary;
2.2.2.14 Check the turnbuckles and marriage hooks for stress fractures and wear;
2.2.2.15 Drain,flush, and refill the hydraulic oil tank if necessary;
2.2.2.16 Clean the suction strainer;
Professional Services Agreement
MAXIMUS Consulting Services,Inc.,Page 12 of 79
2.2.2.17Check all fasteners and tighten as required;
2.2.2.18 Replace air breather and canister filter element if applicable;
2.2.2.19 Check the structure of the compactor for potential trouble areas;
2.2.2.20 Check anchor bolts and tighten as necessary;
2.2.2.21 Electrician to check all electrical connections;
2.2.2.22 Grease motor every 9500 hours if application is severe,lubricate motor
every 4750 hours. Do not over grease;
2.2.2.23 Visually inspect overall compactor for any potential problems;
2.2.2.24 Clean out excess refuse behind ram;
2.2.2.25 Check to ensure compactor is properly anchored to floor;
2.2.2.26 Check hopper door/gate operation if applicable and ease of operation.
2.2.2.27 Electrical:
2.2.2.27.1 Check all electrical connections in control box;
2.2.2.27.2 Make sure switches are properly adjusted& securely
fastened in place.
2.2.2.28 Hydraulics:
2.2.2.28.1 Replace return oil filter element if applicable;
2.2.2.28.2 Check hydraulic reservoir oil level.Fill with AW32 oil as
required;
2.2.2.28.3 Check condition of oil for proper color,odor and feel.
Replace oil if milky or dark in color,begins to have an odor,
or lacks lubricity to the touch;
2.2.2.28.4 Install pressure gauge and check pressure switch and relief
valve settings(Reference the pressure checking procedure
set by the manufacturer KSC);
2.2.2.28.5 Check for hydraulic leaks.
2.2.2.29 Lubricate:
2.2.2.29.1 Apply grease to ram bearing rail,door/gate hinges if
applicable,ratchet turnbuckle.
2.2.2.30 Operation:
2.2.2.30.1 Cycle to verify proper operation of unit.
3.0 WARRANTY
3.1 All items installed under this contract shall carry the standard manufacturer warranty.
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MAXIMUS Consulting Services,Inc.,Page 13 of 79
Warranties shall be effective on the date the items are accepted by the City.
3.2 No repair or service work provided on any existing equipment shall void the existing
warranty on the equipment.
3.3 The Contractor shall warrant all equipment is appropriate for the intended service and shall
be free of manufacturing and installation defects in materials and workmanship for a period
of not less than the manufacturer's standard warranty. Should equipment fail during the
warranty period,it shall be repaired/replaced at no expense to the city.
Professional Services Agreement
MAXIMUS Consulting Services,Inc.,Page 14 of 79
City Secretary Contract No.
EXHIBIT B
PAYMENT SCHEDULE
Item Description UOM Unit Price
Monthly Service Fee for all machines
Nine(9) Stationary Compactor Inspections at 5 locations
One (1) Styrofoam Densifying machine inspection Monthly S2,675.00
One (1)Paint Consolidation machine inspection
Unscheduled repair and maintenance visits
Normal wear and tear,parts and labor
Vendor Services Agreement Page 15 of 79
EXHIBIT C
CITY'S RFQT NO.22-0078
FORT WORTH.
COVER PAGE
Event ID Page Invited: PUBLIC EVENT DETAILS
CFW01-22-0078 1
Event Round Version
1 1
Event Name
RFQt stationary compactor maintenance and Repair
Start Time Finish Time Submit To: City of Fort Worth
oz zi zozz ia:oo:o0 cST os/ai 2ozz 1o:oo:ao csT FINANCIAL MANAGEMENT SERVICES
FNANCE-Purchasing
200 Texas St.(Lower Level,South)
Fort Worth TX 76102
United States
Email: FMSPurchasingResponses@fortworthtexas.gov
Event Description
The City of Fort Worth(City)requests quotations from qualified bidders for an annual purchase agreement to
provide stationary compactor maintenance and repairs for the Code Compliance department as specified in this
Request for Quotations(RFQt).
Submission Requirements and Deadlines
All companies/individuals wishing to do business with the City of Fort Worth must register as a Bidder on the
PeopleSoft Supplier Portal.Please visit
https:/fwww.fortworthtexas.gov/departments/financelpurchasing/register for more information.
Assigned Buyer:Heather Oakes
There is no Pre-Bid Conference for this bid.
Completed Quote must be received in the Purchasing Division,200 Texas Street,Fort Worth,Texas 76102 by the
above"Finish Time/End Date Time".Quotes must be submitted via email to-
fmspurchasingresponscs@fortworthtexas.gov or faxed to 817-392-8440,addressed to the Buyer,and have the RFQt
Number and"Finish Time/End Date Time'clearly marked on the email subject and/or fax cover page.
Late quotes will be returned or destroyed;they will not be opened nor considered in the evaluation of the
bid.Quotes may be withdrawn at any time prior to the official opening.Quotes may not be altered,amended or
withdrawn after the"Finish TimelEnd Date Time'.The undersigned agrees,if the quote is accepted,to furnish
any and all items upon which prices are offered,at the price(s)and upon the terms,conditions and
scopelspecifications contained in this document.The period for acceptance of this bid will be 120 calendar
days after the bid opening date.The City is exempt from Federal Excise and State Sales Tax; therefore,tax
must not be included in the quote price.
Items quoted must meet or exceed City of Fort Worth Specifications;however,The City of Fort Worth may
consider and accept alternate quotes if specified herein when most advantageous to the City.The City reserves
the right,however,to hold to City Specifications and to determine"or equal'status.The City reserves the
right to accept or reject in part or whole any quote submitted,and to waive any technicalities for the best
interest of the City.
Solicitation Documents:
Cover Page
Bid Submission Signature Page—
Bid Solicitation"*
Part 1 Purchasing Agreement Specifications
Part 2 Scope of Services/Specifications
Attachment A-Conflict of Interest Disclosure Requirement"
Attachment B-Vendor Contact Information
Attachment C-Reference Sheet—
Attachment D-Qualification Questionnaire**
Attachment E-Draft Vendor Service Agreement,attached as a separate document
—Required to be completed and submitted.See Section 14.1,Part 1 for all required documents that need to be
submitted.Failure to submit all items will be grounds for rejection of a bid as non-responsive to the
specifications.
Professional Services Agreement
MAXIMUS Consulting Services,Inc.,Page 16 of 79
FORT WORTH.
` IPI*"- BID SUBMISSION SIGNATURE PAGE
Event ID Page Invited: PUBLIC EVENT DETAILS
CFWOI-22-0078 2
Event Round Version
.1 1
Event Name
RFQt Stationary Compactor Maintenance and Repair
Start Time Finish Time Submit To: City of Fort Worth
oz 21 2o21 1a,.1:111 CST o3 01 z022 10:00,00 CST FINANCIAL MANAGEMENT SERVICES
FINANCE-Purchasing
200 Texas St.(Lower Level,South)
Fort Worth TX 76102
United States
Email: FMSPurchasingResponses@fortworthtexas.gov
The undersigned,by his/her signature,represents that he/she is submitting a binding offer and is authorized
to bind the respondent to fully comply with the solicitation document contained herein.The Respondent,by
submitting and signing below,acknowledges that he/she has received and read the entire document packet
sections defined above including all documents incorporated by reference,and agrees to be bound by the terms
therein.
Legal Company Name:
Company Address:
City,State,Zip:
Vendor Registration No.:
Printed Name of Officer or Authorized Representative:
Title:
Signature of Officer or Authorized Representative:
Date:
Email Address:
Phone Number:
Federal Identification Number(FID):
Will agreement be available for Cooperative Agreement use?Yes No
(*See Part 1,Section 6.0 Cooperative Purchasing for Specifications)
RFQt 22-0063 Stationary Compactor Maintenance and Repair
Page 2 of 22
Professional Services Agreement
MAXIMUS Consulting Services,Inc.,Page 17 of 79
FORT WORTH
` iiiiii BID SOLICITATION
Event ID Page Invited: PUBLIC EVENT DETAILS
CFWOI-22-0078 3
Event Round Version
.1 1
Event Name
RFQt Stationary Compactor Maintenance and Repair
Start Time Finish Time Submit To: City of Fort Worth
oz 21 2o21 1a:o1:O11 CST o3 01 z022 10:00,00 CST FINANCIAL MANAGEMENT SERVICES
FINANCE-Purchasing
200 Texas St.(Lower Level,South)
Fort Worth TX 76102
United States
Email: FMSPurchasingResponses@fortworthtexas.gov
Line: 1
Description: Qtv Unit UnitPrice Total
Nine(9)stationary compactors inspections at 12.00 JA
5 locations
Line: 2
Description: Qty Unit UnitPrice Total
One(1)Styrofoam densifying machine 12.00 JA
Inspection
Line: 3
Description: Qty Unit UnitPrice Total
One Paint Consolidation Machine monthly 12.00 JA
inspection
Line: 4
Description: Qty Unit UnitPrice Total
Unscheduled repair and maintenance visits 6000 HR
Total Bid Amount:
A bid of"T will he interpreted by the City as a no-charge(free)item and the City will not expect to pay for that item.A bid of"no
bid"or no response(space left blank)will be interpreted by the City that the Offeror does not wish to bid on that item,Be
advised,a"no bid"or no response may be considered as non-responsive and may result in disqualification of this bid.
Items not listed above will be offered at a discount of %off the Vendor's price list.
(All parts and replacement parts may be added on an as needed basis throughout the life of the agreement,therefore,the
bidder shall submit a price list for all available items with their bid submittal.)
RFQt 22-0063 Stationary Compactor Maintenance and Repair
Page 3 of 22
Professional Services Agreement
MAXIMUS Consulting Services,Inc.,Page 18 of 79
PART 1—Purchasing Agreement Specifications
1.0 SCOPE
1.1 The City of Fort Worth (City) seeks quotes to finalize an annual agreement to provide
maintenance and repair services for nine (9) stationary compactors for the Code
Compliance Department on an"as needed"basis. Prospective responding bidders should
ensure they download all attachments for complete responses and understanding of the
agreement the City intends to award from this solicitation.The successful bidder(s),known
hereafter as"Contractor'Y'Vendor."
1.2 The term of the agreement shall be for a period of one(1)year with the option for four(4)
additional one-year renewals from the date established in the Agreement. However, if
funds are not appropriated, the City may cancel the Agreement 30 calendar days after
providing written notification to the successful Vendor(s).
1.3 The quantities listed on the bid solicitation are only estimates based on previous usage
and do not indicate intent to purchase or a guarantee of future business. The City is
obligated to pay for only those services actually ordered by an authorized City employee
and then received as required and accepted by the City.
1.4 Following the award,additional services of the same general category that could have been
encompassed in the award of this Agreement,and that are not already on the Agreement,
may be added.
1.5 Unit price shall include all cost associated including but not limited to delivery,fuel charges
and freight. No additional charges will be accepted or paid by the City.
1.6 The submission of a bid by the bidder shall be considered evidence of compliance with
these requirements.
1.7 Prices bid shall remain firm for the entire term of the Agreement
2.0 DETAILED SCOPE OF SERVICES/SPECIFICATIONS
The Vendor hereby agrees to provide the City with requirements attached hereto and incorporated
for all purposes incident to this Agreement in Part - 2, Scope of Services/Specifications and
Attachment E, draft Vendor Service Agreement more specifically describing the services to be
provided hereunder.
3.0 CHANGE IN COMPANY NAME OR OWNERSHIP
The Vendor shall notify theCity's Purchasing Manager,in writing,of a company name,ownership,
or address change forthe purpose of maintaining updated City records. The president of the
company 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 do so may
adversely impactfuture invoice payments.
4.0 INVOICING REQUIREMENTS
4.1 The City of Fort Worth has begun implementing an automated invoicing system.
4.2 The Vendor shall send invoices electronically to our centralized Accounts Payable
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MAXIMUS Consulting Services,Inc.,Page 19 of 79
department invoice email address: supplierinvoices@fortworthtexas.gov. This email
address is not monitored so please do not send correspondence to this email address.The
sole purpose of the supplier invoices email address is to receipt and process supplier
invoices.
4.3 Please 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 FW012-000001234)
4.4 To ensure the system can successfully process your invoice in an expedient manner,
please adhere to the following requirements:
4.4.1 All invoices must be either a PDF or TIFF format.
4.4.2 Image quality must be at least 300 DPI (dots per inch).
4.4.3 Invoices must be sent as an attachment(i.e. no invoice in the body of the
email).
4.4.4 One invoice per attachment (includes PDFs). Multiple attachments per
email is acceptable but each invoice must be a separate attachment.
4.4.5 Please do not send handwritten invoices or invoices that contain
handwritten notes.
4.4.6 Dot matrix invoice format is not accepted.
4.4.7 Invoices should be submitted after delivery of the goods or services.
4.4.8 The invoice must contain the following information:
4.4.8.1 Supplier Name and Address,
4.4.8.2 Remit to Supplier Name and Address, if different;
4.4.8.3 Applicable City Department business unit#(i.e. FW013)
4.4.8.4 Complete City of Fort Worth PO number(i.e.the PO number must
contain all preceding zeros),
4.4.8.5 Invoice number,
4.4.8.6 Invoice date;and
4.5 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
supplierinvoices@fortworthtexas.gov.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:ZZ_FIN_AccountsPayable@fortworthtexas.gov.
4.6 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.
4.7 If electronic invoicing is not possible,you may send your paper invoice to:
City of Fort Worth
Professional Services Agreement
MAXIMUS Consulting Services,Inc.,Page 20 of 79
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 the Vendor
has any questions, please contact the Accounts Payable team at (817) 392- 2451 or by
email to ZZ FIN AccountsPayable(a)fortworthtexas.gov.
4.8 Vendor shall include Federal,State of City sales tax in its invoices.City shall furnish a tax
exemption certificate upon Vendor's request.
5.0 CITY REQUIREMENTS AND RESERVATIONS
5.1 The City will identify the location, City contact,and description of the service request to
the Contractor.
5.2 The City will provide a purchase order number before the commencement of any
services.
6.0 COOPERATIVE PURCHASING
6.1 Should other governmental entities decide to participate in this Agreement, Bidders,shall
indicate in their bid response whether they agree that all terms,conditions, specification,
and pricing would apply.
6.2 If the successful Bidder agrees to extend the resulting Agreement to other governmental
entities,the following will apply:Governmental entities within utilizing agreements with
the City of Fort Worth will be eligible, but not obligated,to purchase material/services
under this Agreement(s)awarded as a result of this solicitation. All purchases by
governmental entities other than the City of Fort Worth will be billed directly to that
governmental entity and paid by that governmental entity.The City of Fort Worth will not
be responsible for another governmental entity's debts. Each governmental entity will
order its own material/services as needed.
7.0 INSURANCE REQUIREMENTS
The Contractor shall carry insurance in the types and amounts for the duration of this contract as
listed in the draft service agreement,Attachment E to this solicitation, and furnish certificates of
insurance along with copies of policy declaration pages and policy endorsements as evidence
thereof.
8.0 CONTRACTOR REQUIREMENTS IN ORDER FOR THE BID TO BE EVALUATED
8.1 The Contractor shall:
8.1.1 Have at least five(5)years of experience, in the maintenance and repair of
stationary compactors.
8.1.2 Have a business office located in the Dallas/Fort Worth metro-plex area due to
the need of site visits to various City of Fort Worth buildings.
9.0 LAWS,REGULATIONS,AND ORDINANCES
The Vendor shall be responsible for meeting all Federal:laws,ordinances and regulations,State:
laws,ordinance and regulations;County:laws, ordinances and regulations;and City: laws,
Professional Services Agreement
MAXIMUS Consulting Services,Inc.,Page 21 of 79
ordinances,and regulations for safety of people, environment,and property.This includes, but is
not limited to, all Federal,State,County, and City Agencies,Administrations and Commissions
such as the Environmental Protection Agency(EPA), Occupational Safety and Health
Administration(OSHA),and the Texas Commission on Environmental Quality(TCEQ). In the
event any law, regulation or ordinance becomes effective after the start of this Agreement,the
Vendor is required to comply with new policy.Any mandates requiring the City to comply with
new guidelines will also require the Vendor to comply.
10.0 QUANTITIES
The quantities listed on the bid solicitation 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.
11.0 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.
12.0 COMPLAINTS
Complaints processed through the City Purchasing Division are to be corrected within fourteen
(14)days of formal notice of complaint.Written response to the Purchasing Division is required.
Failure to properly resolve complaints within the fourteen(14)calendar day time period may
result in the cancellation of the applicable line item(s)in the price agreement.
13.0 METHOD OF AWARD
13.1 Bids will first be evaluated based upon bids received from a responsible bidder that
presents the best value to the City.A responsible bidder is defined as a bidder that:
13.1.1 Meets all the requirements listed in Section 8.0, Part 1.
13.1.2 Submits a completed bid package within the stated deadline and in
accordance with the bid specifications.
13.2 If the bid meets the above requirements selection will be based on the qualified bidder(s)
that is determined to be the most advantageous to the City considering the relative
importance of the evaluations facts listed below. A bidder will be disqualified if they do not
meet at least 50%of the technical points available.
13.2.1 Cost of service—up to 35 points
13.2.2 Contractor's ability to meet the City's needs—up to 35 points
13.2.3 Contractor's Qualifications/Experience-up to 20
13.2.4 Availability of contractor's equipment to provide services—up to 5 points
13.2.5 Availability of Contractor's personnel to provide services—up to 5 points
13.3 In order for the City to receive adequate coverage on its requirements as specified in the
solicitation,the City reserves the right to make multiple awards.
13.4 The City reserves the right to accept or reject in whole or in part any or all bids received
and to make an award on the basis of individual item, combination of items, or overall bid,
as it is deemed in the best interest of the City.The City also reserves the right to reject
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MAXIMUS Consulting Services,Inc.,Page 22 of 79
the bid of a bidder who has previously failed to perform properly or complete on time
agreements of a similar nature.
13.5 The City reserves and shall be free to exercise the right to evaluate bid in relation to
performance record of bidder with the City itself,another municipal corporation of like
size, or private corporations during the past two-year period.Such precautions are
deemed to be in the public interest inasmuch as Vendor failure or inability to furnish items
within the prescribed time can create emergency situations and impose unnecessary
hardship on both the City as a municipal corporation and the public at large.
13.6 The evaluation factors listed above will be applied in a comparative manner to all eligible,
responsive bids.Award may be made without discussion with Bidders after bids are
received. Bids should,therefore, be submitted on the most favorable terms.
13.7 The City also reserves the right to reject the bid of a bidder who has previously failed to
perform properly or complete on time agreements of a similar nature.
14.0 QUOTATIONS
14.1 Bidders shall submit the following items with their bid:
14.1.1 A completed and signed Bid Submission Signature Page,
14.1.2 The completed Bid Solicitation;
14.1.3 Bidder's equipment list.
14.1.4 Bidder's qualifications and experience as it pertains to this bid.
14.1.5 A completed and signed original Conflict of Interest Questionnaire,
Attachment A.
14.1.6 A completed Contractor Contact Information Form, Attachment B.
14.1.7 A completed Reference Sheet,three(3)current customers(comparable
in size with the City of Fort Worth)who the bidder has recently provided
subject services on a continuing basis over a two(2)year period,
Attachment C
14.1.8 A completed Contractor Questionnaire, Attachment D.
14.1.9 Signed Addendum(s)acknowledging receipt, if applicable.
14.2 Failure to submit the items listed in section 14.1 will be grounds for rejection of a quote as
non-responsive to the specifications.
15.0 QUESTIONS
15.1 Questions,explanations or clarifications desired by a bidder regarding any part of the
RFQt must be requested in writing via e-mail to the Purchasing Division no later than
10:OOAM, February 4,2022. Requests must be sent to the following:
Email: FMSPurchasingResponsesCcDfortworfhtexas.gov.
Reference RFQT 22-00788,ATTENTION:Heather Oakes
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MAXIMUS Consulting Services,Inc.,Page 23 of 79
16.0 TENTATIVE SCHEDULE OF EVENTS
TASK DATE
RFQt Release Date February 21,2022
Deadline for Questions February 23,2022,at 12PM
(Local Time)
Answers Posted February 25,2022
Responses Due Date and Time(Local Time) March 1, 2022 at 10AM
Recommended Vendor Selection March 2022
Contract Execution March 2022
17.0 RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT
If the Federal award meets the definition of"funding eCFR—Code of Federal Regulations
agreement"under 37 CFR§401.2(a)and the recipient or sub-recipient wishes to enter into a
contract with a small business firm or nonprofit organization regarding the substitution of parties,
assignment or performance of experimental, developmental,or research work under that"funding
agreement,"the recipient or subrecipient must comply with the requirements of 37 CFR Part 401,
"Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under
Government Grants,Contracts and Cooperative Agreements,"and any implementing regulations
issued by the awarding agency.
18.0 CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT
Vendor shall comply with all applicable standards, orders,or regulations issued pursuant to the
Clean Air Act(42 U.S.C.7401-7671q)and the Federal Water Pollution Control Act as amended
(33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the
Regional Office of the Environmental Protection Agency(EPA).
19.0 DEBARMENT AND SUSPENSION
Per Executive Orders 12549 and 12689,a contract award(see 2 CFR 180.220)shall not be
made to parties listed on the government-wide exclusions in the System for Award Management
(SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders
12549(3 CFR part 1986 Comp., p. 189)and 12689(3 CFR part 1989 Comp., p.235),
"Debarment and Suspension."SAM Exclusions contains the names of parties debarred,
suspended,or otherwise excluded by agencies, as well as parties declared ineligible under
statutory or regulatory authority other than Executive Order 125499.
20.0 RIGHT TO AUDIT
Vendor agrees that City shall, until the expiration of three(3)years after final payment
under the Agreement, have access to and the right to examine any directly pertinent
books, documents, papers and records of Vendor involving transactions relating to the
Agreement.Vendor agrees that City shall have access during normal working hours to all
necessary Vendor facilities and shall be provided adequate and appropriate workspace in
order to conduct audits in compliance with the provisions of this section.City shall give
Vendor reasonable advance notice of intended audits
21.0 UNIT PRICE ADJUSTMENT
21.1 The unit prices may be adjusted for increases or decreases in Vendor's cost after
completion of each Agreement year upon written request from the Vendor.
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MAXIMUS Consulting Services,Inc.,Page 24 of 79
21.2 The Vendor must submit its price adjustment request, in writing,at least 60 days before
completion of each Agreement year. The Vendor shall provide written proof of cost
increases with price adjustment request.
21.3 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 Agreement term. If the City elects not to
exercise the renewal option,the Purchasing Division will issue a new solicitation.
21.4 Prices bid shall remain firm for each one-year term of the Agreement and shall include all
associated freight and delivery costs.
21.5 Prices offered shall be used for bid analysis and for Agreement pricing. In cases of errors
in extensions or totals,the unit prices offered will govern.
21.6 Upon expiration of the Agreement term the successful bidder, agrees 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 will be reimbursed for
this service at the prior agreement rate(s). Vendor shall remain obligated to the City
under all clauses of this Agreement that expressly or by their nature extends beyond and
survives the expiration or termination of this Agreement.
21.7 Goods and/or services shall not be suspended by the Vendor without a 30 day prior
written notice to the Purchasing Manager.
22.0 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.
23.0 PROHIBITION ON BOYCOTTING ENERGY 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: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.
24.0 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
Professional Services Agreement
MAXIMUS Consulting Services,Inc.,Page 25 of 79
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 not discriminate against a firearm entity or
firearm trade association during the term of this Agreement.
Professional Services Agreement
MAXIMUS Consulting Services,Inc.,Page 26 of 79
PART 2-SCOPE OF SERVICES/SPECIFICATIONS
1.0 SCOPE
1.1 The City of Fort Worth(City)Code Compliance Department is accepting quotes to establish
an Annual Agreement to provide maintenance and repair services for nine(9)stationary
compactors within the City in accordance with the descriptions and specifications listed in this
solicitation.
1.1.1 Eight(8)stationary compactors are at four(4)drop-off sites located at 2500
Brennan,5000 Martin Luther King, 6260 Old Hemphill Road,and 301 Hillshire
Drive.
1.1.2 One(1)stationary compactor,one(1)Avengard FD-3000 Styrofoam densifier, and
one(1)paint consolidation machine by Prodeva located at Environmental
Collection Center(ECC),6400 Bridge Street.
2.0 GENERAL REQUIREMENTS
2.1 The awarded Contractor shall provide all labor,tools,equipment,and materials necessary to
provide service on nine(9),four-yard stationary compactors,15 amp,230 volts with a forty-
yard(40)octagon receivers(four-sided hoppers with safety gate—10 foot guided island), as
directed by an authorized City employee.
2.2 Services include, but are not limitedto:
Repair and maintain compactors Serial#284, 285, 286,287,288,289, 290,291 and 292.
Styrofoam machine#FD FD3000v4A8 and Paint consolidation machine XCE121206N4.
2.2.1 MONTHLY MAINTENANCE INSTRUCTIONS:
2.2.1.1 Make sure the service disconnect is disengaged and locked out before
performing maintenance on the compactor. It is advisable to also remove
the control circuit fuse as a secondary precaution to prevent the compactor
from being started accidentally. Double-check circuit breakers to make
sure they are off;
2.2.1.2 This schedule shall be followed to protect against premature failure and/or
wear of mechanical or hydraulic components:
2.2.1.2.1 Check the level of the oil in the tank.Add petroleum-based
AW32 or equivalent oil as necessary,
2.2.1.2.2 Check hydraulic hoses and fittings for leaks.Tighten the
fittings or replace the hoses;
2.2.1.2.3 Remove dust and dirt from outside of control box,
2.2.1.2.4 Wipe off any grease,oil, or moisture from power plant,
2.2.1.2.6 Observe one complete cycle to verify proper operation,
2.2.1.2.6 Visually inspect condition of compactorfor potential problems,
2.2.1.2.7 Clean refuse from behind ram,
2.2.1.2.8 Make sure the compactor is securely anchored to the floor,
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MAXIMUS Consulting Services,Inc.,Page 27 of 79
2.2.1.2.9 Apply grease to grease fittings asapplicable,
2.2.1.2.10 Lubricate ram bearing surfaces;
2.2.1.2.11 Check the condition of the oil.Change if discolored(milky or
dark), dirty, contains water,smells burnt,or lacks lubricity
when rubbed between the fingers,
2.2.1.2.12 Check cylinder pins and retaining bolts,
2.2.1.2.13 Check ram position switch. Adjust or tighten arm as
necessary,
2.2.1.2.14 Check the turnbuckles and marriage hooks for stress
fractures and wear;
2.2.1.2.15 Drain,flush, and refill the hydraulic oil tank if necessary,
2.2.1.2.16 Clean the suction strainer,
2.2.1.2.17 Check all fasteners and tighten as required,
2.2.1.2.18 Replace air breather and canister filter element if applicable,
2.2.1.2.19 Check the structure of the compactor for potential trouble
areas:
2.2.1.2.20 Check anchor bolts and tighten as necessary,
2.2.1.2.21 Electrician to check all electrical connections;
2.2.1.2.22 Grease motor every 9500 hours if application is severe,
lubricate motor every 4750 hours. Do not overgrease,
2.2.1.2.23 Visually inspect overall compactor for any potential problems,
2.2.1.2.24 Clean out excess refuse behind ram;
2.2.1.2.25 Check to ensure compactor is properly anchored to floor,
2.2.1.2.26 Check hopper door/gate operation if applicable and ease of
operation,
2.2.1.2.27 Electrical:
2.2.1.2.27.1 Check all electrical connections in control box,
2.2.1.2.27.2 Make sure switches are properly adjusted&securely
fastened in place.
2.2.1.2.28 Hydraulics:
2.2.1.2.28.1 Replace return oil filter element if applicable
2.2.1.2.28.2Check hydraulic reservoir oil level. Fill with AW32 oil
as required,
2.2.1.2.28.3Check the condition of oil for proper color,odor,and
feel.Replace oil if milky or dark in color,begins to
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MAXIMUS Consulting Services,Inc.,Page 28 of 79
have an odor,or lacks lubricity to the touch,
2.2.1.2.28.41nstalI pressure gauge and check pressure switch
and relief valve settings(Reference the pressure
checking procedure set by the manufacturer KSC);
2.2.1.2.28.5 Check for hydraulic leaks.
2.2.1.2.29 Lubricate.
2.2.1.2.29.1 Apply grease to ram bearing rail,door/gate hinges if
applicable, ratchet turnbuckle.
2.2.1.2.30 Operation:
2.2.1.2.30.1 Cycle to verify proper operation of unit.
2.2.2 REPAIR REQUIREMENTS
2.2.2.1 Unscheduled visits will consist of unplanned breakdowns or malfunctions
rendering equipment inoperable for 4 hours. Professionals trained and
skilled in the area of roll-off/machine repair will be called to repair the
equipment.
2.2.2.2 Contractor shall provide hourly labor rate for work performed outside
scheduled monthly maintenance and inspections.
3.0 CONTRACTOR REQUIREMENTS
3.1 Contractor shall provide any welding, electrician, and/or hydraulic certifications and licenses
showing their technicians are knowledgeable and skilled in the work to be performed.
3.2 Contractor shall respond within two business days and all equipment must be repaired and
operational within four business days.Contractor shall provide two emergency contact
numbers. Hours of business are Monday through Friday 8AM to 5PM.
3.3 Contractor shall have at least 5 years of experience repairing equipment,welding,or direct
related experience.
4.0 WARRANTY
4.1 All items installed under this contract shall carry the standard manufacturer warranty.
Warranties shall be effective on the date the items are accepted by the City.
4.2 No repair or service work provided on any existing equipment shall void the existing warranty
on the equipment.
4.3 The Contractor shall warrant all equipment is appropriate for the intended service and shall
be free of manufacturing and installation defects in materials and workmanship for a period of
not less than the manufacturer's standard warranty. Should equipment fail during the
warranty period, it shall be repaired/replaced at no expense to the city.
Professional Services Agreement
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ATTACHMENT A
CONFLICT OF INTEREST DISCLOSURE
Pursuant to Chapter 176 of the Local Government Code,any person or agent of a person who contracts or
seeks to contract for the sale or purchase of property, goods, or services with a local governmental entity
(i.e.The City of Fort Worth)must disclose in the Questionnaire Forms CIQ("Questionnaire")the person's
affiliation or business relationship that might cause a conflict of interest with the local governmental entity.
By law, the Questionnaire must be filed with the Fort Worth City Secretary no later than seven days after
the date the person begins contract discussions or negotiations with the City, or submits an application or
response to a request for proposals or bids, correspondence, or another writing related to potential
agreement with the City. Updated Questionnaires must be filed in conformance with Chapter 176.
A copy of the Questionnaires Form CIQ is enclosed with submittal documents. The form is also available
at httpsl/www.ethics.state.tx.us/data/forms/conflict/CIQ.pdf
If you have any questions about compliance, please consult your own legal counsel. Compliance is the
individual responsibility of each person or agent of a person who is subject to the filing requirement. An
offense under Chapter 176 is a Class C misdemeanor.
NOTE: If you are not aware of a Conflict of Interest in any business relationship that you might have
with the City,state Vendor name in the#1, use N/A in each of the areas on the form. However,a
signature is required in the#7 box in all cases.
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MAXIMUS Consulting Services,Inc.,Page 30 of 79
CONFLICT OF INTEREST OUESTIONNAIRE FORM CIO
For vendor doing business with local governrnental entity
This questionnaire reflects changes made to the Is by KB.23,ahh tag..Regular Sesmon. OFFICEt1SEONLY
This p.reslnrrwre a being Will in accordance wrat Chapter wfi,Loral Government Coda,by a condor sin Dire nsar.ra
has a twsinm relationstap as defused by Suction 176.00704)wdh a local gaverrrtwrrtel a"artd dw
vendor nweta roquifemplh uMw Saban 176 o06fa1
BY Ian this gnsacrimc must be filed with Ow rocvrds admirstraw 0 the local governmental eta}nor fats
than ftr 71h Mown day allay the dale Itta vertlor Iterurws aware of fad that rowit the atdnrnt to be
ffsd Sw Saloon i?G.o06(s.0.local Government Code.
A vwdoi Ce an elklwe 0 h vwKkr linowngly violates section 176 006.Local Govennrwnl Code An
�Vrir o fader to ssbon is a msdarrwrwr
jJ Namo of vendor who has a business relationship with local governmental entity_
2
OCheck WsOolilYaslMrlganl4dobtoa previously filed questionnaire.(rho law requires itt>ryauhlaaruQoa;;a
contploted quaNbnrMkY with 0M appinpato riling authority not War than the 70 bumiriaes day after eta dale on whch
you bacame swan that the crohaly find quaabom me was atcornow or rtaoctsaba.)
�J limp of local government officer about whom Ito Information is being disclosed.
Nam¢of O"cer
e D"crfbo each employmant or other business relationship with the local government officer,or a family member of the
officer,as Aescnbed by Section f76.002(a)(2)(A). Also describe any family relationship with the local government officer.
Complete subparts A and 13 for each employment or business relationship described.Attach additional pages to this Form
CIO as necessary.
A 1s tine local government officer or a tam#y nwrnoor of me officer receiving or likely to receive taxable income.
other than investment income.from the vendor
Yes F—]No
0 Is tho vendor rocawing or likely to receive taxablo inoonw,other than rwestment income,from of at the diroctwn
Of Erie local gov9mrnitnr offer or a family member of the officer AND the taxabta income is not received from the
local gwornmontat entity?
Yes F—]No
51 Describe each employment or business relationship that the,vendor named In Section 1 maintains wnh a corporation or
other business entity with respect to which the local government officer serves as an officer or director,or holds an
ownership inbrosi of one percent or more
i
❑ Chxk to tea d Iho vends Ilea given Mte looel gmerinmerd otsoer cr a Wv*rm bw of fin ell r one or men g1Ra
as doecbed in Sochort 176.003(aK2)(8),marltdstp gift described in Srtcliori 17&003(a-1).
7
Signature of voctclor doing business with the an* Oda
Form pray dad by texas Ethics Commas on www.ethics$late.tx.us Rstsssd 111=1
Professional Services Agreement
MAXIMUS Consulting Services,Inc.,Page 31 of 79
CONFLICT OF INTEREST QUESTIONNAIRE
For vendor doing business with local governmental entity
A complete copy of Chapter 176 of the Local Government Code may be found at http cwww_statute$legis stale-bi us'
Doml-G'htrril_Ca 176.htm.For easy reference.below are some of the sections cited on Min form.
Local Government Code 6176,001(1•a):"Business relationship'means a connection between two or more parties
based on commercial activity of one of the parlws. The term does not include a connection based on
tA)a transaction that is subject to rate or lee regulation by a federal,slate.or local governmental entity or an
agency of a tederal,state,or local governmental entity;
(13) a transaction conducted at a price and subject to terms available to the public:or
IC)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 4177& 03(a)(2)fA1 and(BI:
(a)A local government officer shall file a conflicts disclosure statement with respect to a vendor if
(2)thevendor_
(A) has an employment or other business relabonsho with the local government officer or a
family member of the officer that results in the officer or family member receiving taxable
income,otfter than investment Income,that exceeds$2.500 during the 12-month period
pf"eding the date that the officer becomes aware that
jl!a Contract between the Wal governmental entity and vendor has been executed;
or
(ill the local govefrirnental entity Is considering entering into a contract with the
vertu:
(B)has given to the local government officer or a family member of the officer one or more gilts
that have an aggregate value o1 more man$100 in the 12-mordh perod preceding the date the
offwA n becomes aware that
(i) a Contract between the local governmental entity and vendor has been executed;or
(ii) the local gOvemmenlal entity Is considering entering into a contract wfln the vendor,
Local Gowrmmnt Code 6176.01MM and(a-11
ta)Avenclor shall file a completed conflict of Interest questionnaire it the vendor has a business relationship
with a local governmental entity and
(1) has an employment or other business relationship with a local government offcer of that local
governmental entity,or a family member of the offer,described by Section 176.003(a)(20);
(2) has given a local government officer of that local governmental entity.or a family member of the
officer,one of more gifts wrth the aggregate value specified by Section 176.003(a)f2MB►,exciuchng any
grft described by Sedan 176.003(a-1)-.or
(3) has a(amity relationship with a local government officer of that local governmental enirty.
(a-I)The completed conflict of interest questionnaire must be filed with the appropriate records administrator
not laterthan the seventh business day after the later of
(1) the(Safe that the vendor
(A) begins discussions or negotiations to enter into a contract with the local governmental
entity:of
(B)submrts to the local governmental entity an apoicatfon,response to a request for proposals
or bids,correspondence,or another writing related to a potential contract with the local
governmental entity;or
(21 the dale the vendor becomes aware
(A) o1 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 gills described by Subsection(a);or
(C) of a family relationship with a local government oMoer_
Film yrnrded by Tom=EdMp Commtii rBn 1xwv.0lhiCS.7t8t0.lx.u1 RMs d 1I1=1
Professional Services Agreement
MAXIMUS Consulting Services,Inc.,Page 32 of 79
ATTACHMENT B
VENDOR CONTACT INFORMATION
Vendor's Name:
Vendor's Local Address:
Phone: Fax
Email:
Main Point of Contact:
Name/Title
Phone: Fax
Email:
Back-Up Point of Contact:
Name/Title
Phone: Fax
Email:
Name of persons to contact when requesting services or billing questions:
Name/Title
Phone: Fax:
Email:
Will your company accept P-card payments? yes no
By signing this page,the contractor confirms that the people listed above will serve as the point of contact
for the City of Fort Worth.The Contractor shall notify the City as soon as possible of any changes made
to the contact list.
Signature Printed Name Date
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ATTACHMENT C
REFERENCE SHEET
Please complete and return this form with your bid.
The Vendor shall furnish references for at least three(3)recent customers to whom products and/or
services have been provided that are similar to those required by this solicitation.The City will be the sole
judge of references. Please use additional sheets.
1. Company's Name
Name of Contact
Title of Contact
Present Address
City,State,Zip Code
Telephone Number ( ) Fax Number( )
Email
2. Company's Name
Name of Contact
Title of Contact
Present Address
City,State,Zip Code
Telephone Number ( ) Fax Number( )
Email
3. Company's Name
Name of Contact
Title of Contact
Present Address
City,State,Zip Code
Telephone Number ( ) Fax Number( )
Email
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ATTACHMENT D—CONTRACTOR QUESTIONNAIRE
The information provided on this questionnaire and in the bid submittal will be used to evaluate your bid.
Please answer each question thoroughly. Answers may be provided on a separate sheet as long as each
response is labeled according to the question.
1. Date your company was established?
2. How many years has your organization been in business under its present name?
a. List any former names your organization has operated under and the timeframe(s).
3. Have you ever defaulted on a contract? If so,why were you unable to fulfill the obligation?
4. How many employees will be performing the services requested?
5. Please provide the number of personnel you have available to perform the services.
6. Please describe the background and qualifications of each crew member, paying specific
attention to the items below:
a. Title
b. Number of years or months performing these services
c. Number of years employed by your company
d. Any licenses or certifications held by the crew member
e. Title
f. Number of years or months performing these services
g. Number of years employed by your company
h. Any licenses or certifications held by the crew member
i. Title
j. Number of years or months performing these services
k. Number of years employed by your company
I. Any licenses or certifications held by the crew member
7. Please provide your company's timeframe to provide service after notification.
B. Please provide a list of equipment and materials that will be used. It will be helpful to also explain
what each item will be specifically used for.
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9. Should any of the items above not be available to use at the time of services,what is your back-
up plan?
10. What is your firm's plan or approach to perform repair services?
11. Please describe how the supervision of your firm's work crews will be handled. It will be helpful to
also include the level of supervision who will be tasked.
12. Please describe your firm's method of reporting completed work.
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13. Please describe your firm's method of quality control.
14. Does the Bidder have a minimum of five(5)years of experience providing stationary compactor
maintenance and repair services that are similar in size and scope to City's?
Yes No
15. Does your company have a workshop located in the Dallas/Fort Worth metroplex area?
Yes(provide address) NO
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ATTACHMENT E
DRAFT SERVICE AGREEMENT
The draft service agreement is attached as a separate document.
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DOCUMENTATION CHECKLIST
*Proposer shall complete the below to aid in responsiveness*
Refer to Section 14.1 for more information on the below required documents.
Required Documents Document Attached? Paae Number(s)of Bid Response
Yes/No *Bidder will need to number their
bid response in ink*
A completed and signed Bid Submission
Signature Page
A completed Bid Solicitation
Equipment List
Qualifications and experience as it pertains
o this bid
Performance Plan
Attachment A-Conflict of Interest
Questionnaire
Attachment B-A completed and signed
Vendor Contact Information
Attachment C—Reference Sheet
Attachment D-A completed Bidder's
Qualification Questionnaire
Any addendums sent out after the release
of the bid, if applicable
Scanned Copy of all required documents Separate USB Drive with password
included if necessary
Professional Services Agreement
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EXHIBIT D
CONTRACTOR'S BID RESPONSE TO CITY'S RFQT NO. 22-0078
FORT WORTH.
COVER PAGE
Event to Page Invited: PUBLIC EVENT DETAILS
CFWOl-22-0078 _
Event Round Version
1 1
Event Name '-
AFQt Stationaxv Compactor Maintenance and Repair_
Start Time Finish lime Submit To: City of Fort Worth
a2/2v2M 1o:co:o0 csa O�/01/2C22 10_00:00 CST FINANCIAL MANAGEMENT SERVICES
FINANCE-Purchasing
200 Texas St.(Lower Level,South)
Fort Worth TX 76102
United States
Email: FMSPurchasingResponses@fortworthtexas.gov
Event Description
The City of Fort Worth(City)requests quotations from qualified bidders for an annual purchase agreement to
arovide stationary compactor maintenance and repairs for the Code Compliance department as specified in this
Request for Quotations(RFQt).
Submission Requirements and Deadlines
All companies/individuals wishing to do business with the City of Fort Worth must register as a Bidder on the
PeopleSoft Supplier Portal.Pease visit
https:llwww.fortworthtexas.gov/departments/financelpurchasing/register for more information.
Assigned Buyer:Heather Oakes
There is no Pre-Bid Conference for this bid.
Completed Quote must be received in the Purchasing Division,200 Texas Street,Fort Worth,Texas 76102 by the
above"Finish TimelEnd Date Time".Quotes must be submitted via email to:
fmspurchasingresponses@fortworthtexas.gov or faxed to 817-392-8440,addressed to the Buyer,and have the RFQt
Number and"Finish Time/End Date Time"clearly marked on the email subject and/or fax cover page.
Late quotes will be returned or destroyed;they will not be opened nor considered in the evaluation of the
bid.Quotes may be withdrawn at any time prior to the official opening.Quotes may not be altered,amended or
withdrawn after the"Finish Time/End Date Time".The undersigned agrees,if the quote is accepted,to furnish
any and alt items upon which prices are offered,at the price(s)and upon the terms,conditions and
scope/specifications contained in this document.The period for acceptance of this bid will be 120 calendar
days after the bid opening date.The City is exempt from Federal Excise and State Sales Tax; therefore,tax
must not be included in the-quote price.
Items quoted must meet or exceed City of Fort Worth Specifications;however,The City of Fort Worth may
consider and accept alternate quotes if specified herein when most advantageous to the City.The City reserves
the right,however,to hold to City Specifications and to determine"or equal'status.The City reserves the
right to accept or reject in part or whole any quote submitted,and to waive any technicalities for the best
interest of the City.
Solicitation Documents:
Cover Page
Bid Submission Signature Page"
Bid Solicitation"
Part 1 Purchasing Agreement Specifications
Part 2 Scope of Services/Specifications
Attachment A-Conflict of Interest Disclosure Requirement"
Attachment B-Vendor Contact Information"
Attachment C-Reference Sheet""
Attachment D-Qualification Questionnaire
Attachment E-Draft Vendor Service Agreement,attached as a separate document
-Required to be completed and submitted.See Section 14.1,Part 1 for all required documents that need to be
submitted.Failure to submit all items will be grounds for rejection of a bid as non-responsive to the
specifications.
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MAXIMUS Consulting Services,Inc.,Page 40 of 79
FORT WORTH.
BID SUBMISSION SIGNATURE PAGE
Event ID page Invited: PUBLIC EVENT DETAILS
CFWC1-22-007B 2i
Event Round Version
1 1
Event Name
Rr Stationary comoacter Maintenance and Repair
Start Time Finish Time Submit To: City of Fort Worth
Oz z1 zoz2 10!00!00 C$T 03 oi/2022 10:00:00 CST FINANCIAL MANAGEMENT SERVICES
FINANCE-Purchasing
200 Texas St.(Lower Level,South)
Fort Worth TX 76102
United States
Email: FMSPurchasingResponses@fortworthtexas.gov
The undersigned,by his/her signature,represents that helshe is submitting a binding offer and is authorized
to bind the respondent to fully comply with the solicitation document contained herein.The Respondent,by
submitting and signing below,acknowledges that helshe has received and read the entire document packet
sections defined above including all documents incorporated by reference,and agrees to be bound by the terms
therein.
Legal Company Name: e-3�—U Lam_
Company Address: I. Ar
City,State,Zip:
Vendor Registration No.:
Printed Name'of Officer or Authorized Representative: —
Title: G
Signature of Officer or Authorized Representative:
Date:
Email Address
Phone Number: L -Z—q� 7 / =�]
Federal Identification Number(FID): E 6- C -L(zV 4 9 S T
Will agreement be available for Cooperative Agreement use?Yes l` No
('See Part 1,Section 6.0 Cooperative Purchasing for Specifications)
RFQt 22-0063 Stationary Compactor Maintenance and Repair
Page 2 of 22
Professional Services Agreement
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FORT WORTU,
BID SOLICITATION
Event ID Page Invited' PUBLIC EVENT DETAILS
CPWO 1-22-OC78
Event Round Version
1 1
Event Name
AFQt stationary Compactor Maintenance and ReAa1r
Start Time Finish Time Submit To: City of Fort Worth
02/2!/2022__1:00:00 CST os'oi/za2z 7.0=oatOD CST FINANCIAL MANAGEMENT SERVICES
FINANCE-Purchasing
200 Texas St.(Lower Level,South)
Fort Worth TX 76102
United States
Email: FMSPurchasingResponses@forlworthtexas.gov
Professional Services Agreement
MAXIMUS Consulting Services,Inc.,Page 42 of 79
XEE SERVICE COMPANY
1515 American Way
Cedar Hill,TX 75104
Phone: 972-293-0855 Fax: 972-293-9691
keeservicecompany@gmail.com or keeserviceap@gmail.com
February 25,2022
City of Fort Worth
Financial Management Services
Finance—Purchasing
200 Texas St.(Lower Level,South)
Fort Worth,TX 76102
Re: ALTERNATIVE BID
Event ID:C(=W01-22-0078
Event 1 Version 1
Event Name:RQFt Stationary Compactor Maintenance and Repair
Purchasing Department:
For the past eighteen(18)years Kee Service Company has had a maintenance agreement on all machines
that included all normal wear and tear,parts and labor,plus quarterly PMs.
We would like to extend that existing agreement and include the styrofoam and paint machine for a monthly
fee of$2,675.00—saving The City a substantial amount.
We are willing to extend that agreement in lieu of the current bid.
Sincer ly,
Ross Asher
Partner/Owner
Professional Services Agreement
MAXIMUS Consulting Services,Inc.,Page 43 of 79
PART 1—Purchasing Agreement Specifications
1.0 SCOPE
1.1 The City of Fort Worth (City) seeks quotes to finalize an annual agreement to provide
maintenance and repair services for nine (9) stationary compactors for the Code
Compliance Department on an"as needed"basis.Prospective responding bidders should
ensure they download all attachments for complete responses and understanding of the
agreement the City intends to award from this solicitation.The successful bidder(s),known
hereafter as"Contractor"f'Vendor"
1.2 The term of the agreement shall be for a period of one(1)year with the option for four(4)
additional one-year renewals from the date established in the Agreement. However, if
funds are not appropriated,the City may cancel the Agreement 30 calendar days after
providing written notification to the successful Vendor(s).
1.3 The quantities listed on the bid solicitation are only estimates based on previous usage
and do not indicate intent to purchase or a guarantee of future business. The City is
obligated to pay for only those services actually ordered by an authorized City employee
and then received as required and accepted by the City.
1.4 Following the award,additional services of the same general category that could have been
encompassed in the award of this Agreement,and that are not already on the Agreement,
may be added.
1.5 Unit price shall include all cost associated including but not limited to delivery,fuel charges
and freight.No additional charges will be accepted or paid by the City.
1.6 The submission of a bid by the bidder shall be considered evidence of compliance with
these requirements_
1.7 Prices bid shall remain firm for the entire term of the Agreement
2.0 DETAILED SCOPE OF SERVICESISPECIFICATIONS
The Vendor hereby agrees to provide the City with requirements attached hereto and incorporated
for all purposes incident to this Agreement in Part - 2, Scope of Services/Specifications and
Attachment E, draft Vendor Service Agreement more specifically describing the services to be
provided hereunder.
3.0 CHANGE IN COMPANY NAME OR OWNERSHIP
The Vendorshall notify theCity's Purchasing Manager,in writing,of a company name,ownership,
or address change for the purpose of maintaining updated City records. The president of the
company 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 do so may
adversely impact future invoice payments.
4.0 INVOICING REQUIREMENTS
4.1 The City of Fort Worth has begun implementing an automated invoicing system.
4.2 The Vendor shall send invoices electronically to our centralized Accounts Payable
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MAXIMUS Consulting Services,Inc.,Page 44 of 79
department invoice email address: supplierinvoices@fortworthtexas.gov. This email
address is not monitored so please do not send correspondence to this email address.The
sole purpose of the supplier invoices email address is to receipt and process supplier
invoices.
4.3 Please include the following on the subject line of your e-mail: vendor name, invoice
number, and PO number, separated by an underscore (ex: Example,
I n c._123456_FW012-000001234)
4.4 To ensure the system can successfully process your invoice in an expedient manner,
please adhere to the following requirements:
4.4.1 All invoices must be either a PDF or TIFF format.
4.4.2 Image quality must be at least 300 DPI(dots per inch).
4.4.3 Invoices must be sent as an attachment(i.e.no invoice in the body of the
email).
4.4.4 One invoice per attachment (includes PDFs). Multiple attachments per
email is acceptable but each invoice must be a separate attachment.
4.4.5 Please do not send handwritten invoices or invoices that contain
handwritten notes.
4.4.6 Dot matrix invoice format is not accepted.
4.4.7 Invoices should be subm€tted after delivery of the goods or services.
4.4.8 The invoice must contain the following information:
4.4.8.1 Supplier Name and Address;
4.4.8.2 Remit to Supplier Name and Address,if different;
4.4.8.3 Applicable City Department business unit#(i.e.FW013)
4.4.8.4 Complete City of Fort Worth PO number(i.e.the PO number must
contain all preceding zeros);
4.4.8.5 Invoice number;
4.4.8.6 Invoice date;and
4.5 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
supplierinvoices@fortworthtexas.gov.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:ZZ_FIN_AccountsPayable@fortworthtexas.gov.
4.6 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.
4.7 If electronic invoicing is not possible,you may send your paper invoice to:
City of Fort Worth
Professional Services Agreement
MAXIMUS Consulting Services,Inc.,Page 45 of 79
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 the Vendor
has any questions, please contact the Accounts Payable team at(817)392-2451 or by
email to ZZ FIN AccountsPayable(a)fortworthtexas.gov.
4.8 Vendor shall include Federal,State of City sales tax in its invoices.City shall furnish a tax
exemption certificate upon Vendor's request.
5.0 CITY REQUIREMENTS AND RESERVATIONS
5.1 The City will identify the location,City contact,and description of the service request to
the Contractor.
5.2 The City will provide a purchase order number before the commencement of any
services.
6.0 COOPERATIVE PURCHASING
6.1 Should other governmental entities decide to participate in this Agreement,Bidders,shall
indicate in their bid response whether they agree that all terms,conditions,specification,
and pricing would apply.
6.2 If the successful Bidder agrees to extend the resulting Agreement to other governmental
entities,the following will apply:Governmental entities within utilizing agreements with
the City of Fort Worth will be eligible,but not obligated,to purchase material/services
under this Agreement(s)awarded as a result of this solicitation.All purchases by
governmental entities other than the City of Fort Worth will be billed directly to that
governmental entity and paid by that governmental entity.The City of Fort Worth will not
be responsible for another governmental entity's debts.Each governmental entity will
order its own materiallservices as needed.
7.0 INSURANCE REQUIREMENTS
The Contractor shall carry insurance in the types and amounts for the duration of this contract as
listed in the draft service agreement,Attachment E to this solicitation,and furnish certificates of
insurance along with copies of policy declaration pages and policy endorsements as evidence
thereof.
8.0 CONTRACTOR REQUIREMENTS IN ORDER FOR THE BID TO BE EVALUATED
8.1 The Contractor shall:
8.1.1 Have at least five(5)years of experience,in the maintenance and repair of
stationary compactors.
8.1.2 Have a business office located in the Dallas/Fort Worth metro-plex area due to
the need of site visits to various City of Fort Worth buildings.
9.0 LAWS,REGULATIONS,AND ORDINANCES
The Vendor shall be responsible for meeting all Federal:laws,ordinances and regulations;State:
laws,ordinance and regulations;County:laws,ordinances and regulations;and City:laws,
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MAXIMUS Consulting Services,Inc.,Page 46 of 79
ordinances,and regulations for safety of people,environment,and property.This includes,but is
not limited to,all Federal,State,County,and City Agencies,Administrations and Commissions
such as the Environmental Protection Agency(EPA),Occupational Safety and Health
Administration(OSHA),and the Texas Commission on Environmental Quality(TCEQ).In the
event any law,regulation or ordinance becomes effective after the start of this Agreement,the
Vendor is required to comply with new policy.Any mandates requiring the City to comply with
new guidelines will also require the Vendor to comply.
10.0 QUANTITIES
The quantities listed on the bid solicitation 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.
11.0 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.
12.0 COMPLAINTS
Complaints processed through the City Purchasing Division are to be corrected within fourteen
(14)days of formal notice of complaint.Written response to the Purchasing Division is required.
Failure to properly resolve complaints within the fourteen(14)calendar day time period may
result in the cancellation of the applicable line item(s)in the price agreement.
13.0 METHOD OF AWARD
13.1 Bids will first be evaluated based upon bids received from a responsible bidder that
presents the best value to the City.A responsible bidder is defined as a bidder that:
13.1.1 Meets all the requirements listed in Section 8.0,Part 1.
13.1.2 Submits a completed bid package within the stated deadline and in
accordance with the bid specifications.
13.2 If the bid meets the above requirements selection will be based on the qualified bidder(s)
that is determined to be the most advantageous to the City considering the relative
importance of the evaluations facts listed below.A bidder will be disqualified if they do not
meet at least 50%of the technical paints available.
13.2.1 Cost of service—up to 35 points
13.2.2 Contractor's ability to meet the City's needs—up to 35 points
13.2.3 Contractor's Qualifications/Experience-up to 20
13.2.4 Availability of contractor's equipment to provide services—up to 5 points
13.2.5 Availability of Contractor's personnel to provide services—up to 5 points
13.3 In order for the City to receive adequate coverage on its requirements as specified in the
solicitation,the City reserves the right to make multiple awards.
13.4 The City reserves the right to accept or reject in whole or in part any or all bids received
and to make an award on the basis of individual item,combination of items,or overall bid,
as it is deemed in the best interest of the City.The City also reserves the right to reject
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MAXIMUS Consulting Services,Inc.,Page 47 of 79
the bid of a bidder who has previously failed to perform properly or complete on time
agreements of a similar nature.
13.5 The City reserves and shall be free to exercise the right to evaluate bid in relation to
performance record of bidder with the City itself,another municipal corporation of like
size,or private corporations during the past two-year period.Such precautions are
deemed to be in the public interest inasmuch as Vendor failure or inability to furnish items
within the prescribed time can create emergency situations and impose unnecessary
hardship on both the City as a municipal corporation and the public at large.
13.6 The evaluation factors listed above will be applied in a comparative manner to all eligible,
responsive bids.Award may be made without discussion with Bidders after bids are
received.Bids should,therefore,be submitted on the most favorable terms.
13.7 The City also reserves the right to reject the bid of a bidder who has previously failed to
perform properly or complete on time agreements of a similar nature.
14.0 QUOTATIONS
14.1 Bidders shall submit the following items with their bid:
14.1.1 A completed and signed Bid Submission Signature Page;
14.1.2 The completed Bid Solicitation;
14.1.3 Bidder's equipment list.
14.1.4 Bidder's qualifications and experience as it pertains to this bid.
14.1.5 A completed and signed original Conflict of Interest Questionnaire,
Attachment A.
14.1.6 A completed Contractor Contact Information Form,Attachment B.
14.1.7 A completed Reference Sheet;three(3)current customers(comparable
in size with the City of Fort Worth)who the bidder has recently provided
subject services on a continuing basis over a two(2)year period,
Attachment C
14.1 A A completed Contractor Questionnaire,Attachment D.
14.1.9 Signed Addendum(s)acknowledging receipt,if applicable.
14.2 Failure to submit the items listed in section 14.1 will be grounds for rejection of a quote as
non-responsive to the specifications.
15.0 QUESTIONS
15.1 Questions,explanations or clarifications desired by a bidder regarding any part of the
RFQt must be requested in writing via e-mail to the Purchasing Division no later than
10:00AM,February 4,2022.Requests must be sent to the following:
Email:FMSPurchasingResponsesafortworthtexas.gov,
Reference RFQT 22-00788,ATTENTION:Heather Oakes
Professional Services Agreement
MAXIMUS Consulting Services,Inc.,Page 48 of 79
16.0 TENTATIVE SCHEDULE OF EVENTS
TASK DATE
RFQt Release Date February 21,2022
Deadline for Questions February 23,2022,at 12PM
(Local Time)
Answers Posted February 25,2022
Responses Due Date and Time(Local Time) March 1,2022 at 10AM
Recommended Vendor Selection March 2022
Contract Execution March 2022
17.0 RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT
If the Federal award meets the definition of"funding eCFR—Code of Federal Regulations
agreement'under 37 CFR§401.2(a)and the recipient or sub-recipient wishes to enter into a
contract with a small business firm or nonprofit organization regarding the substitution of parties,
assignment or performance of experimental,developmental,or research work under that"funding
agreement,"the recipient or subrecipient must comply with the requirements of 37 CFR Part 401,
"Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under
Government Grants,Contracts and Cooperative Agreements,"and any implementing regulations
issued by the awarding agency.
18.0 CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT
Vendor shall comply with all applicable standards,orders,or regulations issued pursuant to the
Clean Air Act(42 U.S_C.7401-7671q)and the Federal Water Pollution Control Act as amended
(33 U.S.G.1251-1387).Violations must be reported to the Federal awarding agency and the
Regional Office of the Environmental Protection Agency(EPA).
19.0 DEBARMENT AND SUSPENSION
Per Executive Orders 12549 and 12689,a contract award(see 2 CFR 180.220)shall not be
made to parties listed on the government-wide exclusions in the System for Award Management
(SAM),in accordance with the OMB guidelines at 2 CFR 190 that implement Executive Orders
12549(3 CFR part 1986 Comp.,p.189)and 12689(3 CFR part 1989 Comp.,p.235),
"Debarment and Suspension."SAM Exclusions contains the names of parties debarred,
suspended,or otherwise excluded by agencies,as well as parties declared ineligible under
statutory or regulatory authority other than Executive Order 125499.
20.0 RIGHT TO AUDIT
Vendor agrees that City shall,until the expiration of three(3)years after final payment
under the Agreement,have access to and the right to examine any directly pertinent
books,documents,papers and records of Vendor involving transactions relating to the
Agreement.Vendor agrees that City shall have access during normal working hours to all
necessary Vendor facilities and shall be provided adequate and appropriate workspace in
order to conduct audits in compliance with the provisions of this section.City shall give
Vendor reasonable advance notice of intended audits
21.0 UNIT PRICE ADJUSTMENT
21.1 The unit prices maybe adjusted for increases or decreases in Vendors cost after
completion of each Agreement year upon written request from the Vendor.
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21.2 The Vendor must submit its price adjustment request,in writing,at least 60 days before
completion of each Agreement year, The Vendor shall provide written proof of cost
increases with price adjustment request.
21.3 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 Agreement term. If the City elects not to
exercise the renewal option,the Purchasing Division will issue a new solicitation.
21.4 Prices bid shall remain firm for each one-year term of the Agreement and shall include all
associated freight and delivery costs.
21.5 Prices offered shall be used for bid analysis and for Agreement pricing.In cases of errors
in extensions or totals,the unit prices offered will govern.
21.6 Upon expiration of the Agreement term the successful bidder,agrees to hold over under
the terms and conditions of this Agreement for a reasonable period of time to allow the
city to re-bld an agreement,not to exceed ninety(90)days.Vendor will be reimbursed for
this service at the prior agreement rate(s).Vendor shall remain obligated to the City
under all clauses of this Agreement that expressly or by their nature extends beyond and
survives the expiration or termination of this Agreement.
21.7 Goods and/or services shall not be suspended by the Vendor without a 30 day prior
written notice to the Purchasing Manager.
22.0 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.
23.0 PROHIBITION ON BOYCOTTING ENERGY 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: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.
24.0 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
Professional Services Agreement
MAXIMUS Consulting Services,Inc.,Page 50 of 79
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 not discriminate against a firearm entity or
firearm trade association during the term of this Agreement.
................................. ..
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PART 2-SCOPE OF SERVICESISPECIFICATIONS
1.0 SCOPE
1.1 The City of Fort Worth(City)Code Compliance Department is accepting quotes to establish
an Annual Agreement to provide maintenance and repair services for nine(9)stationary
compactors within the City in accordance with the descriptions and specifications listed in this
solicitation.
1.1.1 Eight(8)stationary compactors are at four(4)drop-off sites located at 2500
Brennan,5000 Martin Luther King,6260 Old Hemphill Road,and 301 Hillshire
Drive.
1.1.2 One(1)stationary compactor,one(1)Avengard FD-3000 Styrofoam densifier,and
one(1)paint consolidation machine by Prodeva located at Environmental
Collection Center(ECC),6400 Bridge Street.
2.0 GENERAL REQUIREMENTS
2.1 The awarded Contractor shall provide all labor,tools,equipment,and materials necessary to
provide service on nine(9),four-yard stationary compactors, 15 amp,230 volts with a forty-
yard(40)octagon receivers(four-sided hoppers with safety gate—10 foot guided island),as
directed by an authorized City employee.
2.2 Services include,but are not limited to:
Repair and maintain compactors Serial#284,285,286,287,288,289,290,291 and 292.
Styrofoam machine#FD FD3000v4A8 and Paint consolidation machine XCE121206N4.
2.2.1 MONTHLY MAINTENANCE INSTRUCTIONS:
2.2,1.1 Make sure the service disconnect is disengaged and locked out before
performing maintenance on the compactor.It is advisable to also remove
the control circuit fuse as a secondary precaution to prevent the compactor
from being started accidentally.Double-check circuit breakers to make
sure they are off;
2.2.1.2 This schedule shall be followed to protect against premature failure and/or
wear of mechanical or hydraulic components:
2.2.1,2.1 Check the level of the oil in the tank.Add petroleum-based
AW32 or equivalent oil as necessary;
2.2.1,2.2 Check hydraulic hoses and fittings for leaks.Tighten the
fittings or replace the hoses;
2.2.1.2.3 Remove dust and dirt from outside of control box;
2.2.1.2.4 Wipe off any grease,oil,or moisture from power plant;
2.2.1.2.5 Observe one complete cycle to verify properoperatiom
2.2.1.2.6 Visually inspect condition of compactorfor potential problems;
2.2.1.2.7 Clean refuse from behind ram;
2.2.1.2.8 Make sure the compactor is securely anchored to the floor;
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MAXIMUS Consulting Services,Inc.,Page 52 of 79
2.2.1.2.9 Apply grease to grease fittings as applicable;
2.2.1.2.10 Lubricate ram bearing surfaces;
2.2.1.2.11 Check the condition of the oil.Change if discolored(milky or
dark),dirty,contains water,smells burnt,or lacks lubricity
when rubbed between the fingers;
2.2.1.2.12 Check cylinder pins and retaining bolts;
2.2.1.2.13 Check ram position switch.Adjust or tighten arm as
necessary;
2.2.1.2.14 Check the turnbuckles and marriage hooks for stress
fractures and wear;
2.2.1.2.15 Drain,flush,and refill the hydraulic oil tank if necessary;
2.2.1.2.16 Clean the suction strainer;
2.2.1.2.17 Check all fasteners and tighten as required;
2.2.1.2.18 Replace air breather and canister filter element if applicable;
2.2.1.2.19 Check the structure of the compactor for potential trouble
areas:
2.2.1.2.20 Check anchor bolts and tighten as necessary;
2.2.1.2.21 Electrician to check all electrical connections;
2.2.1.2.22 Grease motor every 9500 hours If application is severe,
lubricate motor every 4750 hours.Do not overgrease;
2.2.1.2.23 Visually inspect overall compactor for any potential problems;
2.2.1.2.24 Clean out excess refuse behind ram;
2.2.1.2.25 Check to ensure compactor is properly anchored tofloor;
2.2.1.2.26 Check hopper door/gate operation if applicable and ease of
operation;
2.2.1.2.27 Electrical:
2.2.1.2.27.1 Check all electrical connections in control box;
2.2.1.2.27.2Make sure switches are properly adjusted&securely
fastened in place.
2.2.1.2.28 Hydraulics:
2.2.1.2.28.1 Replace return oil filter element if applicable
2.2.1.2,28.2Check hydraulic reservoir oil level. Fill with AW32 oil
as required;
2.2.1.2.28.3 Check the condition of oil for proper color,odor,and
feel.Replace oil if milky or dark in color,begins to
............................................ .....
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Professional Services Agreement
MAXIMUS Consulting Services, Inc.,Page 53 of 79
have an odor,or lacks lubricity to the touch;
2.2.1.2.28.4Install pressure gauge and check pressure switch
and relief valve settings(Reference the pressure
checking procedure set by the manufacturer KSC);
2.2.1.2.28.5 Check for hydraulic leaks.
2.2.1.2.29 Lubricate:
2.2.1.2.29.1 Apply grease to ram bearing rail,door/gate hinges if
applicable,ratchet turnbuckle.
2.2.1.2.30 Operation:
2.2.1.2.30.1 Cycle to verify proper operation of unit.
2.2.2 REPAIR REQUIREMENTS
2.2.2.1 Unscheduled visits will consist of unplanned breakdowns or malfunctions
rendering equipment inoperable for 4 hours.Professionals trained and
skilled in the area of roll-off/machine repair will be called to repair the
equipment.
2.2.2.2 Contractor shall provide hourly labor rate for work performed outside
scheduled monthly maintenance and inspections.
3.0 CONTRACTOR REQUIREMENTS
3.1 Contractor shall provide any welding,electrician,and/or hydraulic certifications and licenses
showing their technicians are knowledgeable and skilled in the work to be performed.
3.2 Contractor shall respond within two business days and all equipment must be repaired and
operational within four business days.Contractor shall provide two emergency contact
numbers.Hours of business are Monday through Friday 8AM to 5PM.
3.3 Contractor shall have at least 5 years of experience repairing equipment,welding,or direct
related experience.
4.0 WARRANTY
4.1 All items installed under this contract shall carry the standard manufacturer warranty.
Warranties shall be effective on the date the items are accepted by the City.
4.2 No repair or service work provided on any existing equipment shall void the existing warranty
on the equipment.
4.3 The Contractor shall warrant all equipment is appropriate for the intended service and shall
be free of manufacturing and installation defects in materials and workmanship for a period of
not less than the manufacturer's standard warranty.Should equipment fail during the
warranty period,it shall be repaired/replaced at no expense to the city.
_- - ---
Professional Services Agreement
MAXIMUS Consulting Services,Inc.,Page 54 of 79
ATTACHMENT A
CONFLICT OF INTEREST DISCLOSURE
Pursuant to Chapter 176 of the Local Government Code,any person or agent of a person who contracts or
seeks to contract for the sale or purchase of property,goods,or services with a local governmental entity
(i.e.The City of Fort Worth)must disclose in the Questionnaire Forms CIQ("Questionnaire")the person's
affiliation or business relationship that might cause a conflict of interest with the local governmental entity.
By law,the Questionnaire must be fled with the Fort Worth City Secretary no later than seven days after
the date the person begins contract discussions or negotiations with the City,or submits an application or
response to a request for proposals or bids, correspondence, or another writing related to potential
agreement with the City.Updated Questionnaires must be fled in conformance with Chapter 176.
A copy of the Questionnaires Form CIQ is enclosed with submittal documents. The form is also available
at https:l/www.ethics.state.tx.us/datafformsiconf[ictiCIQ.odf
ff you have any questions about compliance, please consult your own legal counsel. Compliance is the
individual responsibility of each person or agent of a person who is subject to the filing requirement. An
offense under Chapter 176 is a Class C misdemeanor.
NOTE; If you are not aware of a Conflict of Interest in any business relationship that you might have
with the City,state Vendor name in the#f, use NIA in each of the areas on the form. However,a
signature is required in the#7 box in all cases.
Professional Services Agreement
MAXIMUS Consulting Services,Inc.,Page 55 of 79
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Professional Services Agreement
MAXIMUS Consulting Services,Inc.,Page 56 of 79
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Professional Services Agreement
MAXIMUS Consulting Services,Inc.,Page 57 of 79
ATTACHMENT
VENDOR CONTACT INFORMATION
Vendor's Name: e_c{
Vendors Local Address:
Phone: � z 1..' cll)�,�&S�g Fax:
Email:
Main Point of CM-S
Name/Title
Phone: - Fax: T '
Email:
Back-Up Point gf Contact:
Name/Title I `� sF
Phone: a�e r- 7�<; Fax:-
Email:
Name of perso to contact when requesting services or biffing questions:
Name/Title C-,
Phone: �✓` _ Fax: ti 3 - (3 LS
Email: `
Will your company accept P-card payments?—IZ<Ys no
By signing this page,the contractor confirms that the people listed above will serve as the point of contact
for the City of Fort Worth.The Contractor shall notify the City as soon as possible of any changes made
to the contact list.
Signatur Printed Name Date
RFQt 22-0063 Stationary Compactor Maintenance and Repair
Page 18 of 22
.. . ........... ..............
Professional Services Agreement
MAXIMUS Consulting Services, Inc.,Page 58 of 79
ATTACHMENT C
REFERENCE SHEET
Please complete and return this form with your bid-
The Vendor shall furnish references for at least three(3)recent customers to whom products and/or
services have been provided that are similar to those required by this solicitation.The City will be the sole
judge of references.Please use additional sheets.
1. Company's Name U 0�- k ,., �r`� ,-,"
Name of Contact r
Title of Contact
Present Address �00
City,State,Zip Code
Telephone Number 03 -Z. L' ax Number( )
Email "��
2. Company's Name �' .
Name of Contact
Title of Contact
Present Address
City,State,Zip Code IA F
Telephone Number ( -?Z) .7 _ Number{ - L
Email C �•�..� i
3. Company's Name
Name of Contact
Title of Contact c
Present Address
City,State,Zip Code ik- q.
Telephone Number (4,q ) Fax Number( )
Email .f' �i1 �4 k,
RFQt 22-0063 Stationary Compactor Maintenance and Repair
Page 19 of22
Professional Services Agreement
MAXIMUS Consulting Services, Inc.,Page 59 of 79
ATTACHMENT D-CONTRACTOR QUESTIONNAIRE
The information provided on this questionnaire and in the bid submittal will be used to evaluate your bid.
Please answer each question thoroughly.Answers may be provided on a separate sheet as long as each
response is labeled according to the question.
1. Date your company was established?
2. How many years has your organization been in business under its present name? 33
a. List any former names your organization has operated under and the timeframe(s).
�A
3. Have you ever defaulted on a contract? If so,why were you unable to fulfill the obligation?
4. How many employees will be performing the services requested? --�
6. Please provide the number of personnel you have available to perform the services.
6. Please describe the background and qualifications of each crew member,paying specific
attention to the items below:
a. Title �"ACx a j-e l�G
b. Number of years or months performing these services j
c. Number of years employed by your company
d. Any licenses or certifications held by the crew member
e. Title
f. Number of years or months performing these services
g. Number of years employed by your company
h. Any licenses or certifications held by the crew member
i. Title Te-<c"7—/
j_ Number of years or months performing these services
k. Number of years employed by your company 1y
1. Any licenses or certifications held by the crew member
7. Please provide your company's timeframe to provide service after notification.
�~ 'a
8. Please provide a list of equipment and materials tha will be used. It will be helpful to also explain
what e ch item will be specifically used for _ Y
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Professional Services Agreement
MAXIMUS Consulting Services, Inc.,Page 60 of 79
9. Should any of the items above not be available to use at the time of services,what is your back-
up plan?
t-e— .
10. What is your firm's plan or appr ch to perform repair services?
11. Please describe how the supervision of your firm's work crews will be handled. It will be helpful to
also include the level of supervision who will be tasked.
q. 14 IL
�;t
12. Please describe your firm's method of reporting completed work.
l ��9
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Professional Services Agreement
MAXIMUS Consulting Services, Inc.,Page 61 of 79
13. Please describe your firm's method of quality control.
Ls,--\a\�
14. Does the Bidder have a minimum of five(5)years of experience providing stationary compactor
maintenance and repair services that are similar in size and scope to City's?
Yes ry No
15. Does your company have a workshop located in the Dallas/Fort Worth metroplex area?
Yes(provide address) }� dip
� -CX f
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Professional Services Agreement
MAXIMUS Consulting Services,Inc.,Page 62 of 79
City Secretary Contract No.
FOR
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a; "ftRTH.
uvmew
I4�
VENDOR SERVICES AGREEMENT
This VENDOR SERVICES AGREEMENT ("Agreement's is made and entered into by and
between the CITY OF FORT WORTH("City"),a Texas home rule municipal corporation,acting by and
through its duly authorized Assistant City Manager,and[LEGAL NAME OF THE PARTY]("Vendor"),
a[STATE REGISTERED AND TYPE OF COMPANY] and acting by and through its duly authorized
representative,each individually referred to as a"party"and collectively referred to as the"parties."
AGREEMENT DOCUMENTS:
The Agreement documents shall include the following:
I. This Vendor Services Agreement;
2. Exhibit A—Scope of Services;
3, Exhibit B—Price Schedule;
4. Exhibit C— City's RFQT No-
5- Exhibit D— Contractor's Bid Response to City's RFQT No. ;and
6. Exhibit E—Verification of Signature Authority Form.
Exhibits A,B, C, D, and E, 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,
C,or D 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.Contractor shall provide maintenance and repair services for nine(9)
stationary compactors("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[MONTH DAY,YEAR]("Effective Date")and expires
on [MONTH DAY, YEAR] ("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 conditions,for up to four(4)one-year renewal option(s)(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 Dollars
Vendor will 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 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.
Vendor Services Agreement Page 1 of 15
Professional Services Agreement
MAXIMUS Consulting Services,Inc.,Page 64 of 79
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 Oblieations 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
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. Right 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,
Vendor Services Agreement Page 2 of 15
Professional Services Agreement
MAXIMUS Consulting Services,Inc.,Page 65 of 79
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 Contractor. It is expressly understood and agreed that Vendor will 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 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, contractors,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, contractors, or subcontractors. Neither Vendor,nor any officers,
agents,servants,employees,contractors,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 on
behalf of itself,and any of its officers,agents,servants,employees,contractors,or contractors.
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, CONTRACTORS, OR
SUBCONTRACTORS.
8.2 GENERAL INDEMNIFICATION- VENDOR HEREBY COVENANTS AND
AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS,
AGENTS,SERVANTS AND EMPLOYEES,FROMAND AGAINSTANYAND ALL CLAIMS
OR LAWSUITS OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED,FOR
EITHER PROPER TYDAMAGE OR LOSS(INCLUDINGALLEGED DAMAGE OR LOSS TO
VENDORS 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,EMPLOYEES,CONTRACTORS,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
Vendor Services Agreement Page 3 of 15
Professional Services Agreement
MAXIMUS Consulting Services,Inc.,Page 66 of 79
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. It 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. Assi nment and Subcontracting.
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
obligations may apply. Vendor must provide City with a fully executed copy of any such
subcontract.
10. Insurance. Vendor must 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 Services pursuant to this Agreement:
10.1 Coverage and Limits
(a) Commercial General Liability:
$1,000,000- Each Occurrence
$2,000,000- Aggregate
Vendor Services Agreement Page 4 of 15
Professional Services Agreement
MAXIMUS Consulting Services,Inc.,Page 67 of 79
(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)--
$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
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
Vendor Services Agreement Page 5 of 15
Professional Services Agreement
MAXIMUS Consulting Services,Inc.,Page 68 of 79
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.
11. Compliance with Laws Ordinances Rules and Re ulations. 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,
contractors,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, CONTRACTORS,
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:
To CITY: To VENDOR:
City of Fort Worth _
Attn:Assistant City Manager _ Title
200 Texas Street
Fort Worth,TX 76 1 02-63 14
Facsimile:(817)392-8654 Facsimile:
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 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.
Vendor Services Agreement Page 6 of 15
Professional Services Agreement
MAXIMUS Consulting Services,Inc.,Page 69 of 79
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.
M. 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. Governing Law I 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.
X Headings not Controlling. Headings and titles used in this Agreement are for reference
purposes only,will 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 will 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 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
Vendor Services Agreement Page 7 of 15
Professional Services Agreement
MAXIMUS Consulting Services,Inc.,Page 70 of 79
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.Vendormust verify the identity and employment eligibility
of its employees who perform work under this Agreement, including completing the Employment
Eligibility Verification Form(1-9). Upon request by City,Vendor will provide City with copies of all I-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 Iegally 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, CONTRACTORS, 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 Works 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 farther consideration,free
from any claim,lien for balance due,or rights of retention thereto on the part of City,
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. Change 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.
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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 Bqycotting Energy 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 wbolly orpartly 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:
(I)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 ormore 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 apractice,policy,
guidance,or directive that discriminates against a firearm entity or firearm trade association;and(2)will
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. Entirdq of Agreement. This Agreement,including all attachments and exhibits,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.
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IN WITNESS WHEREOF,the parties hereto have executed this Agreement in multiples.
CITY OF FORT WORTH:
CONTRACT COMPLIANCE MANAGER:
By signing I acknowledge that I am the person
responsible for the monitoring and administration of
By. this contract,including ensuring all performance and
Name: Valerie Washington reporting requirements,
Title: Assistant City Manager
Date: 12021 By:
Name: Rex Johnson
APPROVAL RECOMMENDED: Title: Environmental Supervisor
APPROVED AS TO FORM AND LEGALITY:
13y:
Name: Chris McAllister
Title: Acting Assistant Director Bv:
Name:
ATTEST: Title: Assistant City Attorney
CONTRACT AUTHORIZATION:
By:
M&C: _N/A
5
Name: 7annette Goodall Form 129 N/A
Title: City Secretary
VENDOR:
By.
Name:
Title:
Date: ��Z ,20ZZ—
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City Secretary Contract No,
EXHIBIT A
SCOPE OF SERVICES
STATIONARY COMPACTOR MAINTENANCE AND REPAIR
1.0 ,CM
1.1 The City of Fort Worth(City)Code Compliance Department is accepting quotes to establish an
Annual Agreement to provide maintenance and repair services for nine(9)stationary compactors
within the City in accordance with the descriptions and specifications listed in thissolicitation.
1.1.1 Eight(8)stationary compactors are at four(4)drop off sites located at 2500 Brennan,
5000 Martin Luther King,6260 Old Hemphill Road and 301 Hillshire Drive.
t.L2 One(1)stationary compactor located is atEnviromnental Collection Center(ECC),6400
Bridge Street. Also one Avengard FD-3000 Styrofoam densifier and one Paint
consolidation machine by Prodeva.(Please contact Department far clarifcation)
1.2 Code Compliance Department shall utilize the Agreement for maintenance and repair services
for stationary compactors.
1.3 The successful bidder,hereinafter,"Contractor",shall provide maintenance and repair services
for stationary compactors on an as needed basis,as requested by theCity.
1.4 The term of the Agreement shall be for an initial one-year(1)period,with four(4)options to
renew for additional one-year periods.However,if funds are not appropriated,the City of Fort
Worth(City)may cancel the agreement 30 calendar days after providing written notification to
the Contractor.
1.5 Contractor shall respond and supply requested materials or services required during regular
business hours within a maximum of four(4)business days or less including shipment by mutual
agreement from the time original request ismade.
1.6 The Contractor shall provide unit prices for listed items required on the bid solicitation page.
1.7 Unit prices shall include all associated costs,not limited to delivery,fuel and handling charges.
No additional charges will be accepted or paid by the City.
1.8 Following the award,additional goods and/or services of the same general category that could
have been encompassed in the award of this Agreement, and that are not already on the
Agreement,may be added.
2.0 GENERAL REQUIREMENTS
2.1 The awarded Contractor shall provide all labor,tools,equipment, and materials necessary to
provide service on nine(9),four-yard stationary compactors,15 amp,230 volt with a(40)forty-
yard octagon receivers(four-sided hoppers with safety gate—10 foot guided island),as directed
by an authorized City employee.
2.2 Services include,but are not hruitedto:
Repair and maintain compactors Serial#284,285,286,287,288,289,290,291 and
292.Styrofoam machine 11FD3000v4A8 and Paint consolidation machine XCE121206N4
2.2.1 MONTHLY MAINTENANCE INSTRUCTIONS:
2.0.1.1 Make sure the service disconnect is disengaged and locked out before
performing maintenance on the compactor.It is advisable to also remove the
control circuit fuse as a secondary precaution to prevent the compactor from
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being started accidentally.Double check circuit breakers to make sure they
are off;
2.0.1.2 This schedule shall be followed to protect against premature failure and/or wear
of mechanical or hydraulic components:
2.0.1.2.1 Check the level of the oil in the tank.Add petroleum based AW32 or
equivalent oil as necessary;
2.0.1.22 Check hydraulic hoses and fittings for leaks.Tighten the fittings or
replace the hoses;
2.0.12.3 Remove dust and dirt from outside of control box;
2.0.1.2.4 Wipe off any grease,oil,or moisture from powerplant;
2.0.1.2.5 Observe one complete cycle to verify proper operation;
2.0.1.2.6 Visuallyinspect condition ofcompactorforpotentia]problems;
2.0.1.2.7 Clean refuse from behind ram;
2.0.1.2.8 Make sure the compactor is securely anchored to the floor-
2.0.1.2.9 Apply grease to grease fittings asapplicable;
2.0.1 2.10 lubricate ram bearing surfaces;
2.0.1.211 Check the condition of the oil.Change if discolored(milky or dark),
dirty, contains water, smells bumt, or lacks lubricity when rubbed
between the fingers;
2.0.1.2.12 Check cylinder pins and retaining bolts;
2.0.1.2.13 Check ram position switch.Adjust or tighten arm as necessary;
2.0.1.2.14 Check the tumbuckles and marriage hooks for stress fractures and
wear;
2A.1.2.l5 Drain,flush,and refill the hydraulic oil tank ifnecessary;
2.0.1.2.16 Clean the suction strainer;
2.0.1.2.17 Check all fasteners and tighten as required;
2.0.1.2.18 Replace air breather and canister filter element ifapplicable;
2.0.1.2.19 Check the structure of the compactor for potential trouble areas;
2.0.1.2.20 Check anchor bolts and tighten as necessary;
2.0.1.2.21 Electrician to check all electrical connections,
2.0.1.2.22 Grease motor every 9500 hours if application is severe,lubricate
motor every 4750 hours.Do not overgrease;
2.0.1.2.23 Visually inspect overall compactor for any potential problems;
2.0.1.2.24 Clean out excess refuse behind ram;
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2.0.1-2.25 Check to ensure compactor is properly anchored to floor;
2.0-1.2.26 Check hopper door/gate operation if applicable and ease of
operation.
2.0.1.2.27 Electrical:
2.0.1.2.27.1 Check all electrical connections in control box;
2.0.1.2.272 Make sure switches are properly adjusted&
securely fastened in place.
2.0.1.2.28 Hydraulics:
2.0.1.2.28.1 Replace return oil filter element if applicable;
2.2.1.2.28.2 Check hydraulic reservoir oil level. Fill with
AW32 oil as required;
2.2.1.2.29.3 Check condition of oil for proper color,odor and
feel.Replace oil if milky or dark in color,begins
to have an odor,or lacks lubricity to thetouch;
22.1.2.28.4 Install pressure gauge and check pressure switch
and relief valve settings(Reference the pressure
checking procedure set by the manufacturer
KSC);
2.2.1.2.28.5 Check for hydraulic leaks.
2.2.1.2.29 Lubricate:
2.2.1.2.29.1 Apply grease to ram bearing rail,door/gate hinges if
applicable,ratchet turnbuckle.
2.2.1.2.30 Operation:
2.2.1.2.30.1 Cycle to verify proper operation ofunit.
3.0 WURRAETV
3.1 All items installed under this contract shall carry the standard manufacturer warranty.
Warranties shall be effective on the date the items are accepted by the City.
3.2 No repair or service work provided on any existing equipment shall void the existing warranty on
the equipment.
3.3 The Contractor shall warrant all equipment is appropriate for the intended service and shall be free
of manufacturing and installation defects in materials and workmanship for a period of not less
than the manufacturer's standard warranty.Should equipment fail during the warranty period,it
shall be repaired/replaced at no expense to thecity.
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EXHIBIT B
PAYMENT SCHED LE
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EXHIBIT D
qq VERIFICATION OF SIGNATURE AUTHORITY
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:
Posi' n:
Signature-
1 Name:
Position:
Signature
3. Name:
Position:
Signature
Wa
5io ature of President/CEO
Other Title:
Date: 1Z n 2- �; —
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EXHIBIT E
VERIFICATION OF SIGNATURE AUTHORITY
�� G �e— C
w ca,
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:
Posit' n:
Signature
2. Name:
Position:
Signature
3. Name:
Position:
Signature
Nan .
Signature of President/CEO
Other Title:
Date: 0ZZ--
Professional Services Agreement
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