HomeMy WebLinkAboutContract 58081 CSC No. 58081
FORT WORTH
CITY OF FORT WORTH
COOPERATIVE PURCHASE AGREEMENT
This Cooperative Purchase Agreement("Agreement") is entered into by and between Adorama,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 GSA 47QSMA19D08QU; 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). Vendor shall not provide any additional
items or services or bill for expenses incurred for City not specified by this Agreement unless City
requests and approves in writing the additional costs for such services. City shall not be liable for any
additional expenses of Vendor not specified by this Agreement unless City first approves such expenses
in writing.
The term of this Agreement is effective beginning on the date signed by the Assistant City
Manager below ('Effective Date") and expires on August 25, 2023. The City shall be able to renew
this agreement for one (1) one-year renewal options by written agreement of the parties.
Vendor agrees that City shall,until the expiration of three(3)years after final payment under this
Agreement, or the final conclusion of any audit commenced during the said three years, have access to
and the right to examine at reasonable times any directly pertinent books,documents,papers and records,
including, but not limited to, all electronic records, of Vendor involving transactions relating to this
Agreement at no additional cost to City. Vendor agrees that City shall have access during normal
working hours to all necessary Vendor facilities and shall be provided adequate and appropriate work
space in order to conduct audits in compliance with the provisions of this section. City shall give Vendor
reasonable advance notice of intended audits.
Notices required pursuant to the provisions of this Agreement shall be conclusively determined
to have been delivered when (1) hand-delivered to the other party, its agents, employees, servants or
representatives, (2) delivered by facsimile with electronic confirmation of the transmission, or (3)
received by the other party by United States Mail, registered, return receipt requested, addressed as
follows: OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
To CITY: To VENDOR:
City of Fort Worth Adorama, Inc
Attn: Fernando Costa, Assistant City Manager Jerry I. Schiffman, Contracts Administrator
200 Texas Street
Fort Worth,TX 76102-6314 Address:
Facsimile: (817)392-8654 42 West 18'Street
NYC,NY 10011
With copy to Fort Worth City Attorney's Office at
same address Facsimile: 212-741-1027
The undersigned represents and warrants that he or she has the power and authority to execute this
Agreement and bind the respective Vendor.
CITY OF FORT WORTH:
CONTRACT COMPLIANCE MANAGER:
By signing I acknowledge that I am the person
By: responsible for the monitoring and administration
Name: Fernando Costa of this contract, including ensuring all performance
Title: Assistant City Manager and reporting requirements.
Date:
APPROVAL RECOMMENDED: By: Sasha Kane(Sep2,2022
Name: Sasha Kane
Title: Sr Contract Compliance Spec
By: Neil Noakes(Sep 2, 02214:58CDT) APPROVED AS TO FORM AND LEGALITY:
Name: Neil Noakes
Title: Police Chief
ATTEST: By:
Name: Jessika Williams
Title: Assistant City Attorney
dd
ette S.Goodall(Se 8,2022 09: DT)
By: '� p �.00vnnn�� CONTRACT AUTHORIZATION:
Name: Jannette Goodall ,�QFo*oar�aa M&C: N/A
Title: City Secretary 9.&I... �0900
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Name: Jerry I. Schiffman
Title: Contracts Administrator
Date: 02-Sep-2022
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Exhibit A
4D.g VA
MORE THAN A CAMERA STORE
42 West 18th Street New York,NY 10011 1 888,209,6558 1 adorama.com I gsa@adorama.com
GENERAL SERVICES ADMINISTRATION
FEDERAL SUPPLY AND SERVICE
AUTHORIZED FEDERAL SUPPLY SCHEDULE PRICE LIST
On-line access to contract ordering information,terms and conditions,up-to-date pricing,and the option to create
an electronic delivery order are available through GSA Advantage!a menu-driven database system. The INTERNET
address GSA Advantage!is:GSAAdvantage.gov.
Contract Number—47QSMA19D08QU
MAS--Multiple Award Schedule
334310-Audio Visual Products;333316P-Printing and Photographic Equipment;332999-Law Enforcement Personal
Equipment;333314NV-Night Vision Equipment;334220-Surveillance Systems,Wearable Body Cameras,and Vehicular
Video;339920-Target Systems/Target Range Accessories;33411 Purchasing of New Electronic Equipment
For more information on ordering from Federal Supply Schedules click on the FSS Schedules button at
fss.gsa.gov.Contract Period—Aug 26,2019 thru Aug 25,2024 ADORAMA INC.
42 W 18TH ST
NEW YORK,NY 10011-4621
Telephone:(888)-209-5558
Fax:(212)-741-1027
1. Awarded Special Item Number:334310,333316P,332999, 333314NV,334220,339920,33411
2. Maximum Order: $150,000.00
3. Minimum Order: $100
4. Geographic Coverage:The 48 Contiguous States and the District of Colombia,Alaska, Hawaii, Puerto Rico
and International
5. Points of Production: Various
6. Prices herein are net
7. Discount provided to the government is 4.50%off from list price offered to commercial customers listed
on Adorama's website for all non-MAP products. MAP products are priced per minimum advertised prices
allowed by the manufacturers.
a. Quantity Discounts: N/A
8. Prompt Payment Terms: Net 30 Days
9. Government purchase cards are accepted below and above the micro-purchase threshold.
400PA44
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42 West 18th Street New York,NY 10011 1 888,209,5558 1 adorama.com I gsa@adorama.com
10. Foreign Item:GERMANY(DE),TAIWAN(TW), ROMANIA(RO), POLAND(PL), NETHERLANDS(NL), REPUBLIC
OF KOREA(SOUTH)(KR),JAPAN(JP), IRELAND(IE), UNITED KINGDOM(GB), DENMARK(DK),
SWITZERLAND(CH).
11. Delivery Time:
334310---Within 5-7 DAYS ARO
333316P,332999,333314NV,334220,339920,33411---CONUS-Contiguous 48 States:3-15
days ARO
Hawaii,Alaska, Puerto Rico: 4-15 days
ARO APO/FPO:4-15 days ARO
OCONUS 4-30 days ARO
a. In most instances,delivery within the forty-eight contiguous states and the District of Columbia
will be within three to five days after ADORAMA receives the order.When delays are caused by
holiday closings or any other circumstances,the time for delivery may be up to fifteen days b.
FOB Points:
L The 48 Contiguous States&The District of Columbia are FOB Destination. Alaska,
Hawaii, Puerto Rico and Overseas are F.O.B.Origin, ii. ADORAIVIA always expedites the
delivery when requested,depending on inventory status at the time of order receipt,
and its availability of the items,as negotiated between the Ordering office and
ADORAMA. ADORAMA will consider and respond individually to each request for
expedite delivery.
iii. Overnight/2 Day delivery is available for items that are in stock at the time the order is
placed.Overnight and 2-Day deliveries are available for an additional charge.Ordering
agency may contact ADORAMA for the rates for Overnight and 2-day deliveries. iv. When
the Federal Supply Schedule contract delivery period does not meet the bona fide urgent
delivery requirements of an ordering agency,agencies are encouraged, if time permits,to
contact ADORAMA for the purpose of obtaining accelerated delivery.
v.ADORAMA shall reply to the inquiry within three(3)workdays after receipt. (Telephonic
replies shall be confirmed by ADORAMA in writing.) If ADORAMA offers an accelerated
delivery time acceptable to the ordering agency,any order(s)placed pursuant to the
agreed upon accelerated delivery time frame shall be delivered within this shorter
delivery time and in accordance with all other terms and conditions of the contract.
Ordering offices will be required to pay all Urgent requirement charges when desired
by the Government,subject to stock availability. Urgent requirement deliveries are
available for an additional charge.Ordering agency may contact the Contractor for rates
for the Urgent requirement.
12. F.O.B.—within the geographic scope and as described below, ordered items will be delivered F.O.B.
destination.
a. Delivery within Consignee's Premises: This service is normally required only for large items that
require shipment by motor freight.When the ordering agency specifies delivery within the
consignee's premises,and when that service is available from the carrier,the agency is to pay
the actual additional charge levied by the carrier.
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42 West 18th Street New York,NY 10011 1 888.209,5558 1 adorama.com I gsa@adorama.com
b. F.O.B. DESTINATION --all orders or items weighing up to 70 Ibs Weight.
c. Destination--only as per below except for Expedited,OVERNIGHT AND 2-DAY DELIVERY TERMS.
Expedited,Overnight/2 Day delivery is available for in stock items.Ordering offices will be
required to pay Expedited,Overnight/2 Day deliveries where Expedited,Overnight/2 Day
deliveries are desired by the Government.
d. FOB Origin,prepay freight&add--all orders or items weighing 70 Ibs in weight or greater.
13. Ordering Address:
Adorama Inc.42 West 18th Street NYC, NY 10011
E-mail:gsa@adorama.com
Call: (888)209-5558 or(212)741-0401
Fax: (212)741-1027
a. Ordering procedures: For supplies and services,the ordering procedures,information on Blanket
b. Purchase Agreements(BPA's)and a sample BPA can be found at the GSA/FSS Schedule
homepage(fss.gsa.gov/schedules).
14. Payment Address:
a. Adorama Inc.
42 West 18th Street N.Y 10011
E-mail:gsa@adorama.com
Call:(888)209-5558 or(212)741-0401
Fax:(212)741-1027
15. Warranty provision:
All products are covered by the manufacturer's warranty.
Used equipment carries a 90-day warranty.
Pal video equipment carries a 90-day warranty.
Adorama's warranty provides coverage for defects in manufacturing only,and expressly excludes
coverage for excessive wear and tear and/or physical/accidental abuse,loss,and/or theft.The
warranty is valid only at Adorama Camera. Improper repair or warranty service performed by
someone other than Adorama Camera will void this warranty.
Adorama Camera disclaims any liability for consequential or incidental damages,for breach of
written or implied warranty of an item,including merchantability or fitness for a particular
purpose.
Our warranty provides specific legal rights; however,you may also have additional rights,which
vary from state to state.
The above limitation may not apply because some states do not allow the exclusion or limitation
of incidental or consequential damages.Our warranty is valid in the United States. Please
contact us for additional information on how to obtaining warranty service.
a. How to Contact GSA Customer Service:
Online:gsa@adorama.com
By Phone: (888)209-5558 or(212)-741-0401
By Fax: 212-741-1027
400PA44
MORE THAN A CAMERA STORE
42 West 18th Street Now York,NY 10011 1 888,209,5558 1 adorama.com I gsaCyadorama.com
b. Damaged/Missing Items upon delivery:
i. Damaged in delivery: If the package is found damaged or if merchandise is missing,
please keep the original shipping carton,and contact us immediately so that we can
issue a damage claim with the carrier. Please don't return the merchandise without
following the proper steps because this might delay the replacement of the order or
the issuance of a credit.
ii. Missing items:All missing items claims must be reported within Five(5)business days
of delivery.Contact us to report any missing item from your shipment.
iii. Televisions or other items shipped by truck: Upon delivery,please inspect the item to
verify it is the correct model,in good working condition,and that it's not damaged. Do
not sign the delivery manifest until you have inspected the item.Once you sign for the
item,you are accepting the product as is. If the merchandise is damaged, please make a
notation on the manifest,and have the person delivering the merchandise sign it as
well. Contact us within 48 business hours to report the damage.
c. Returns and Exchanges
Returning an Item At Adorama,we strive to make our customers'return process hassle
free,As all returns must meet our guidelines,so please review our full return policy
carefully, No RMA number is needed to return an item. Please download and fill out
the Return Merchandise form. Make sure to include it with the returned item and with
a copy of the original invoice. Returns must be made within the time limit specified in
our return policy. Returned products must be in brand new condition and have all of the
original manufacturer's packaging,materials,and accessories.Securely package the
product you wish to return within an appropriate outer box. Do not write or place
shipping labels or stickers on the manufacturer's packaging.
1. You can send the package back freight prepaid.
a. Ship to:
Order Processing
7 Slater Drive
Elizabeth, NJ 07206
ii. Return Policy:
1. For the first 30 days of your purchase,you may return the merchandise for a
full money back refund,excluding any shipping charges, No RMA number is
required to return an item,simply download and fill out the Return
Merchandise form All returns must meet our guidelines.
2. Returned or exchanged products must be in brand-new, mint condition, and
have all original manufacturers packaging,materials and accessories, including
instruction booklets,packing inserts,and blank warranty cards.
3. Merchandise missing the original Universal Product Code(UPC)cannot be
returned.The original manufacturer's labeled packaging should be enclosed
within an outer shipping box. Please do not write or place shipping labels or
stickers on the manufacturer's packaging.
4. Securely package the product and include the filled-out Return Merchandise
Form and a copy of the original invoice.
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MORE THAN A CAMERA STORE
42 West 18th Street New York,NY 10011 1 888.209.5558 1 adorama.com 1 gsarAadorama.com
5. Ship the parcel back to us freight prepaid.We do not accept COD or freight
collect shipments.We recommend a shipping method that provides tracking
and insurance.
a. Ship to:
Order Processing
7 Slater Drive
Elizabeth, NJ 07206
6. Items that qualified for free shipping that are being returned will have our
standard shipping charges deducted from refund or credit.The return shipping
cost(the cost to send an item back to us)is not refundable.
7. Please allow up to 8 business days after we receive the package for your
return/exchange/refund to be processed.An e-mail confirmation will be sent
to you once the return is processed.
8. Important Note for international customers: Please mark the item as"VENDOR
RETURN"to avoid duties and customs.
16. Export packaging is available on Scheduled products when required.The cost is open market.Adorama
Camera only provides standard commercial packaging/packing only. Other packaging options are
available and are the subject to of an agreement between the ordering agency and Adorama on an
individual basis and at extra cost, independently arrived at between the ordering agency and ADORAMA
a. FOREIGN TAXES AND DUTIES
i. The offeror warrants that such prices do not include any taxes,duties,customs fees,or
other foreign Governmental costs,assessments,or similar charges from which the U.S.
Government is exempt.The offeror further warrants that any applicable taxes,duties,
customs fees,other Government costs,assessments,or similar charges from which the
U.S.Government is not exempt are"NOT"included in the prices quoted,and that such
prices are subject to increases for any such charges applicable at the time of the
acceptance of this offer by the Government.
ii. Standard commercial export packaging is provided only as explained in#16 above,and
does"NOT"include containerization., if necessary,only standard commercial export
packaging as described in#16 above,packaging,preservation,and marking are included
in the pricing offered and accepted by the Government.
17. Terms and conditions of Government purchase card acceptance--Government commercial credit cards
are accepted.
a. Definitions. "Government-wide commercial purchase card"means a uniquely numbered credit
card issued by a contractor under GSA's Government-wide Contract for Fleet,Travel,and
purchase Card Services to named individual Government employees or entities to pay for official
Government purchases.
b. "Oral order"means an order placed orally,either in person or by telephone.
c. At the option of the Government,and if agreeable to the Contractor, payments of*any amount*
or less for oral or written orders may be made using the Government-wide commercial purchase
card.
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42 West 18th Street New York,NY 10011 1 888.209,5558 1 adorama.com I gsatadorama.com
d. Payments made using the Government-wide commercial purchase card are not eligible for any
negotiated prompt payment discount. Payment made using a Government debit card will
receive the applicable prompt payment discount.
18. Terms and conditions of rental,maintenance,and repair(if applicable)shall be the subject of to an
agreement independently arrived at between the ordering Agency and the contractor.
19. Terms and conditions of installation (if applicable)shall be the subject to an agreement independently
arrived at between the ordering Agency and the contractor.
20. Terms and conditions of repair parts indicating date of parts price lists and any discounts from list prices
(if applicable): NA
a. Terms and conditions for any other services(if applicable)shall be the subject to an agreement
independently arrived at between the ordering Agency and the contractor.
21. List of service and distribution points(if applicable):
GEOGRAPHIC AREA ADDRESS OF SUPPLY AND SERVICE POINT
CONUS/OCONUS-AS SUPPLIED/OFFERED BY MANUFACTURER AND ONLY AT AUTHORIZED
SERVICE CENTERS LISTING INCLUDED WITH EACH ITEM IN CONUS.
22. List of participating dealers(if applicable): NA
23. Preventive maintenance(if applicable): NA
24. A list of Environmental attributes e.g. recycled content,energy efficiency,and or reduced pollutants
applicable products is available by contacting the individual manufacturer regarding specific model,and is
listed in the manufacturer's manual and documentation as packaged with each product
a. Section 508 compliance information where applicable, is available at the product
manufacturer's web site.
25. SAM UEI number: L43SGXYMK8H5
26. Notification regarding registration in System for Award Management(SAM)database.Active CAGE Code:
79702.
Exhibit B
GSA#47QSMA19D08QU TERMS&CONDITIONS/PRICE LIST
https://www.gsaadvantage.gov/ref text/47QSMA19D08QU/OXAHI<A.3TOUGV 47QSMA19D08QU_TANDCS_1298
.PDF
GSA#47QSMA19D08QU CONTRACT CLAUSES/EXCEPTIONS
https://www.gsaeIibrary.gsa.gov/ElibMain/home.dohttp:/www.gsaelibrary.%20gsa.gov/ElibMain/pdf/pdf/contra
ctCla uses.do?scheduleNumber=MAS&contractNumber=47QSMA19D08QU&contractorName=ADO RAM A+INC.&d
uns=L43SGXYM KBHS&source=ci&view=clauses
Exhibit C
CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ
For vendor doing business with local governmental entity
This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. OFFICE USE ONLY
This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who Date Received
has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the
vendor meets requirements under Section 176.006(a).
By law this questionnaire must be filed with the records administrator of the local governmental entity not later
than the 7th business day after the date the vendor becomes aware of facts that require the statement to be
filed. See Section 176.006(a-1), Local Government Code.
A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code.An
offense under this section is a misdemeanor.
11 Name of vendor who has a business relationship with local governmental entity.
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.
Name of Officer
41 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.
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?
F] Yes 71 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.
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).
7
Signature of vendor doing business with the governmental entity Date
Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 1/1/2021
CONFLICT OF INTEREST QUESTIONNAIRE
For vendor doing business with local governmental entity
A complete copy of Chapter 176 of the Local Government Code maybe found at http://www.statutes.legis.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 S 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 S 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
n