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HomeMy WebLinkAboutContract 57882 CSC No. 57882 FORT WORTH CITY OF FORT WORTH COOPERATIVE PURCHASE AGREEMENT This Cooperative Purchase Agreement ("Agreement") is entered into by and between Atlantic Diving Supply,Inc. ("Vendor") and the City of Fort Worth, ("City"), a Texas home rule municipality. The Cooperative Purchase Agreement includes the following documents which shall be construed in the order of precedence in which they are listed: 1. This Cooperative Purchase Agreement; 2. Exhibit A— Seller's Quote, Scope of Services or Purchase Order; 3. Exhibit B—Cooperative Agency Contract GS-07F-5965P; and 4. Exhibit C—Conflict of Interest Questionnaire Exhibits A, B, and C,which are attached hereto and incorporated herein, are made a part of this Agreement for all purposes. Vendor agrees to provide City with the services and goods included in Exhibit A pursuant to the terms and conditions of this Cooperative Purchase Agreement, including all exhibits thereto. City shall pay Vendor in accordance with the fee schedule in Exhibit A and in accordance with the provisions of this Agreement. Total payment made under this Agreement for the first year by City shall not exceed One Hundred Thousand Dollars ($100,000.00). Vendor shall not provide any additional items or services or bill for expenses incurred for City not specified by this Agreement unless City requests and approves in writing the additional costs for such services. City shall not be liable for any additional expenses of Vendor not specified by this Agreement unless City first approves such expenses in writing. The term of this Agreement is effective beginning on the date signed by the Assistant City Manager below ("Effective Date") and ending on August 31, 2022. Upon the expiration of this Term, the Agreement shall renew automatically under the same terms and conditions for up to two(2)one-year renewal periods (September 1 to August 31), unless City or Contractor provides the other party with notice of non-renewal at least 60 days before the expiration of the Initial Term or renewal period. However, if funds are not appropriated, the City may cancel the Agreement 30 calendar days after providing written notification to the Contractor. Vendor agrees that City shall,until the expiration of three(3)years after final payment under this Agreement, or the final conclusion of any audit commenced during the said three years, have access to and the right to examine at reasonable times any directly pertinent books,documents,papers and records, including, but not limited to, all electronic records, of Vendor involving transactions relating to this Agreement at no additional cost to City. Vendor agrees that City shall have access during normal working hours to all necessary Vendor facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. City shall give Vendor reasonable advance notice of intended audits. Notices required pursuant to the provisions of this Agreement shall be conclusively determined to have been delivered when (1) hand-delivered to the other party, its agents, employees, servants or representatives, (2) delivered by facsimile with electronic confirmation of the transmission, or (3) received by the other party by United States Mail, registered, return receipt requested, addressed as follows: To CITY: To VENDOR: City of Fort Worth Atlantic Diving Supply,Inc. Attn: Valerie Washington,Assistant City Manager Sean Johnston, National Account Manager 200 Texas Street Fort Worth,TX 76102-6314 Address: Facsimile: (817) 392-8654 621 Lynnhaven Parkway Suite 160 Virginia Beach,VA 23452 With copy to Fort Worth City Attorney's Office at same address Facsimile: 757440-3027 The undersigned represents and warrants that he or she has the power and authority to execute this Agreement and bind the respective Vendor. CITY OF FORT WORTH: CONTRACT COMPLIANCE MANAGER: By signing I acknowledge that I am the person By. Valerie Washington(Ju122,202215:12 CDT) responsible for the monitoring and administration Name: Valerie Washington of this contract,including ensuring all performance Title: Assistant City Manager and reporting requirements. Date: J u 1 22, 2022 T'Imes fforfoh APPROVAL RECOMMENDED: By: James Horton(Jul 14,2022 09:30 CDT) Name: James Horton Title: Fire Captain By. J s Davis(Jul14,202209:40 CDT) poo�4n���� APPROVED AS TO FORM AND LEGALITY: Name: James Davis p��.F°FORr�0 Title: Fire Chief ° °Odd °�►d ATTEST: 0, „�o °o*041 By: °°°°°°°°°° d Name: Taylor Paris �a�nEXP`�o04 Title: Assistant City Attorney .7a���tt��' GooclaGG By: Jannette S.Goodall(Jul 23,2022 07:08 CDT) CONTRACT AUTHORIZATION: Name: Jannette Goodall M&C: N/A Title: City Secretary VENDOR: Atlantic Diving uppl�y Innc. By: Name: Shauna Nolen Title: O.B.T. Manager OFFICIAL RECORD Date: 07/06/2022 CITY SECRETARY FT. 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E � N � o N m COm rl-O L N CD 6 (,7 O O O (n O O Oi O Ommmm m o rl- mN a E o m a) m N �._- C E C_ (� d N N y 0 V U W L U a m a � � o rn c w o o p N aD CDfC -6 N L Q U) m (D O O O 2' M z 00 H H H H O O Q o E U d m N 00 00 00 00 Z U r -_ LL �' Er f Co c §\ - \ - cc / MQ 0 £ _{ \ % § f (25 7.0 § { _ Co 0) ° f / o¥- \- _ ¥ 7 i\ 7 t § ; f\7 )k ( 20 w0 &� \7 / 5,5 § � O ; ` } k0} {\> o / [ (6{ o0 k 2 / }\ ) < 0 f - )% ®� «¥ k c CL E § &$ f / - � b) ƒo [ \� cl a\ \\\ , _ [� * - � f- o e - _ 2� \ _ , o 00) < o §7 § § ( 0 k \0-0 ;0 8 � /\ \ \ \\ 0 / \\\ \ p § ) ƒ IL \ ca < EXHIBIT B GSA#GS-07F-5965P TERMS&CONDITIONS/PRICE LIST https://www.gsaadvantage.gov/ref text/GS07F5965P/GS07F5965P online.htm GSA#GS-07F-5965P CONTRACT CLAUSES/EXCEPTIONS https://www.gsaeIi brary.gsa.gov/ElibMain/home.dohttp:/www.gsaeli brary.%20gsa.gov/ElibMain/contractClause s.do?scheduleNumber=MAS&contractNumber=GS-07F- 5965P&contractorName=ATLANTIC+DIVING+SUPPLY%2C+INC.&duns=GJMSFBCNMSK3&source=ci&view=clauses EXHIBIT C CONFLICT OF INTEREST QUESTIONNAIRE FORM CIO For vendor doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. OFFICEUSEONLY This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who Date Received has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Government Code. A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code.An offense under this section is a misdemeanor. jJ Name of vendor who has a business relationship with local governmental entity. N/A 2 ❑ Check this box if you are filing an update to a previously filed questionnaire.(The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.) 3 Name of local government officer about whom the information is being disclosed. N/A Name of Officer 4j Describe each employment or other business relationship with the local government officer, or a family member of the officer,as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local government officer. Complete subparts A and B for each employment or business relationship described. Attach additional pages to this Form CIQ as necessary. N/A A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income, other than investment income, from the vendor? Yes F-1 No B. Is the vendor receiving or likely to receive taxable income,other than investment income,from or at the direction of the local government officer or a family member of the officer AND the taxable income is not received from the local governmental entity? Yes F-1 No 5 Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership interest of one percent or more. N/A 6 ❑ Check this box if the vendor has given the local government officer or a family member of the officer one or more gifts as described in Section 176.003(a)(2)(B), excluding gifts described in Section 176.003(a-1). 71 Atlantic Diving Supply, Inc. (d/b/a ADS, Inc.) 0.1 V Kay J. Dunn,Jr., CFO/COO July 6,2022 4ign,tu, vendor doin business with the governmental entity Date Form provide by Texas Ethics Commission www.ethics.state.tx.us Revised 1/1/2021 CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity A complete copy of Chapter 176 of the Local Government Code maybe found at http://www.statutes.Iegis.state.tx.us/ Docs/LG/htm/LG.176.htm. For easy reference, below are some of the sections cited on this form. Local Government Code§176.001(1-a):"Business relationship"means a connection between two or more parties based on commercial activity of one of the parties. The term does not include a connection based on: (A) a transaction that is subject to rate or fee regulation by a federal, state, or local governmental entity or an agency of a federal, state, or local governmental entity; (B) a transaction conducted at a price and subject to terms available to the public; or (C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and that is subject to regular examination by, and reporting to, that agency. Local Government Code§176.003(a)(2)(A)and(B): (a) A local government officer shall file a conflicts disclosure statement with respect to a vendor if: (2) the vendor: (A) has an employment or other business relationship with the local government officer or a family member of the officer that results in the officer or family member receiving taxable income, other than investment income, that exceeds $2,500 during the 12-month period preceding the date that the officer becomes aware that (i) a contract between the local governmental entity and vendor has been executed; or (ii) the local governmental entity is considering entering into a contract with the vendor; (B) has given to the local government officer or a family member of the officer one or more gifts that have an aggregate value of more than$100 in the 12-month period preceding the date the officer becomes aware that: (i) a contract between the local governmental entity and vendor has been executed; or (ii) the local governmental entity is considering entering into a contract with the vendor. Local Government Code§ 176.006(a)and (a-1) (a) A vendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship with a local governmental entity and: (1) has an employment or other business relationship with a local government officer of that local governmental entity,or a family member of the officer,described by Section 176.003(a)(2)(A); (2) has given a local government officer of that local governmental entity, or a family member of the officer,one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B),excluding any gift described by Section 176.003(a-1);or (3) has a family relationship with a local government officer of that local governmental entity. (a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator not later than the seventh business day after the later of: (1) the date that the vendor: (A) begins discussions or negotiations to enter into a contract with the local governmental entity; or (B) submits to the local governmental entity an application,response to a request for proposals or bids, correspondence, or another writing related to a potential contract with the local governmental entity;or (2) the date the vendor becomes aware: (A) of an employment or other business relationship with a local government officer, or a family member of the officer,described by Subsection(a); (B) that the vendor has given one or more gifts described by Subsection (a);or (C) of a family relationship with a local government officer. Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 1/1/2021