HomeMy WebLinkAboutContract 58206 City Secretary Contract No. 5 8 2 0 6
RTWORTH.
VENDOR SERVICES AGREEMENT
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 Advanced Glass Systems,Inc.("Vendor"),a Texas
S Corporation 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 RFP No. 22-0162
5. Exhibit D— Vendor's Bid Response to City's RFP No. 22-0162; 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.
I. Scope of Services.Vehicle&Equipment Glass Repair&Replacement("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 September 19, 2022 ("Effective Date")and expires on
September 18, 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 under this Agreement will not exceed Eighty-Three Thousand Dollars ($83,000.00).
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.
4. Termination.
OFFICIAL RECORD
Vendor Services Agreement- Advanced Glass Systems,Inc. CITY SECRETARY
FT.WORTH, TX
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
Vendor Services Agreement-Advanced Glass Systems,Inc. Page 2 of 27 Inc.
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 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,FROM AND AGAINST ANY AND ALL CLAIMS
OR LAWSUITS OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED,FOR
EITHER PROPERTYDAMAGE OR LOSS(INCL UDING ALLEGED 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
Vendor Services Agreement-Advanced Glass Systems,Inc. Page 3 of 27 Inc.
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
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
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(a) Commercial General Liability:
$1,000,000- Each Occurrence
$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
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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
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 Reeulations. 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 Advanced Glass Systems,Inc.
Attn: Assistant City Manager Attn: Mark Gosdin,General Counsel
200 Texas Street 7474 Baker Boulevard
Fort Worth,TX 76102-6314 Fort Worth,TX 76118
Facsimile: (817) 392-8654 Facsimile: (817) 717-3337
With copy to Fort Worth City Attorney's Office at
same address
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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.
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 Maieure. 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
Vendor Services Agreement-Advanced Glass Systems,Inc. Page 7 of 27 Inc.
Agreement or Exhibits A,B,and C.
22. Amendments/Modifications/Extensions. No amendment, modification, or extension
of this Agreement will be binding upon a parry 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
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.
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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.
29. No Bovcott 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
Vendor Services Agreement-Advanced Glass Systems,Inc. Page 9 of 27 Inc.
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
declared null and void to the extent in conflict with any provision of this Agreement.
SIGNATURE PAGE TO FOLLOW
Vendor Services Agreement-Advanced Glass Systems,Inc. Page 10 of 27 Inc.
City Secretary Contract No.
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
Dana Bur�4,20�42 CDT) this contract,including ensuring all performance and
By:
Name: Dana Burghdoff reporting requirements.
Title: Assistant City Manager /
By: Alan H.Shuror(Sep 28,2022 15:25 CDT)
Name: Alan Shuror
APPROVAL RECOMMENDED: Title: Assistant Director,General Services
APPROVED AS TO FORM AND LEGALITY:
By. Steve 2`8.202215:35 CDT)
Name: Steve Cooke
Title: Property Management Director By:
Name: Christopher Austria
ATTEST: Title: Assistant City Attorney
CONTRACT AUTHORIZATION:
Tgnnette S. Goo�%ll M&C: N/A
By: Jannette S.Goodall(Oct 4,2022 20:08 CDT) Form 1295•N/A
Name: Jannette S. Goodall paoaFORh �
Title: City Secretary apFk-00�1°°°°°° laa
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VENDOR: ���*XASo°p
Advanced Glass Systems,Inc.
Mcgn,K Go,0in
By: Mark Gosdin(Sep 28,202215:04 CDT)
Name: Mark Gosdin
Title: General Counsel
Date: September 28 2022
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Vendor Services Agreement Page 11 of 27
EXHIBIT A
SCOPE OF SERVICES
1.0 INTENT
1.1 Property Management Department shall utilize this agreement for vehicle and equipment
glass repair and replacement on an"as needed"basis.
1.2 Following the award,additional services of the same general category that could have
been encompassed in the award of this Agreement may be added,if mutually agreed by
the Vendor and City,based on the discount and price sheet provided with this agreement.
1.3 Any services that have been omitted from this scope of service that are clearly
necessary or in conformance shall be considered a requirement although not directly
specified or called for in the scope of services.
1.4 Unit prices shall include all costs associated with the specified work,including but not
limited to handling,delivery,fuel charges,fees and certifications fees.NO
ADDITIONAL CHARGES WILL BEACCEPTED OR PAID BY THE CITY.
2.0 GENERAL TERMS &DEFINITIONS
American National Standard An organization that oversees the creation,official
Institute (ANSI-Z26) notification,and use of norms and guidelines used by
various industries,including the inspection and testing of
aerial devices and ladders.Their website is
http://www.ansi.org
ASTM International Formally known as American Society for Testing and
Materials,is an international standards organization that
develops and publishes voluntary consensus technical
standards for a wide range of materials,products,
systems, and services.
City City of Fort Worth
Commercial Labor Labor hours to service vans,large trucks and equipment
over 1 Ton.
Contractor Advanced Glass Systems,Inc.
Federal Motor Vehicle Safety Safety standards that specify mandatory minimum safety
Standards(FMVSS) requirements for the design,construction,performance
and durability of vehicles,as well as regulated automobile
safety-related components,systems and design features.
National Auto Glass Specifications Specialist that publishes the latest data for the entire auto
(NAGS) lass industry.
Original Equipment Manufacturer A company that supplies equipment to other companies
(OEM) to resell or incorporate into another product using the 's
brand name.It also may be used to refer to the company
that acquires a product or component and reuses or
incorporates it into a new product
with its own brand name.
Vendor Services Agreement-Advanced Glass Systems,Inc. Page 12 of 27 Inc.
Property Management Department City of Fort Worth's Property Management Department
PMD
SAE International, formerly United States-based,globally active professional
known as Society of Automotive association and standards developing organization for
Engineers SAE engineering rofessionals in various industries.
Transportation Fees Fees associated with travel and delivery of Vendor's
product from the Vendor's nearest facility to an approved
City of Fort Worth Fleet Service Center.
3.0 VENDOR REQUIREMENTS
3.1 Vendor shall operate a full-time,permanent business address with the ability to be reached by
email and telephone within 75 miles of City Hall,200 Texas Street.
3.2 Vendor shall provide on-site(mobile)vehicle glass installations and repairs to the
following vehicles and equipment,but not limited to:
3.2.1 Example Types of Vehicles and Equipment(multi-year models)
PASSENGER SEDANS&LIGHT TRUCKS MEDIUM AND HEAVY-DUTY TRUCKS
Chevrolet: 1500,2500, 3500,Blazer,Colorado, Ford F800
Impala,Malibu, Silverado,Tahoe
Sterling
Dodge: 2500,Charger,Ram
International
Ford: Econoline,Escape,F150,F250 F350,F450,
Interceptor sedan and SUV Navistar
Nissan Freightliner
Sprinter Spartan
Toyota: Prius Pierce
Volkswagen Rosenbauer
Off-Road Equipment-
Gradall
Caterpillar Excavators
Case
Lodal
John Deere Tractors
JCB Front End Loaders and Backhoes
3.3 Vendor shall provide all labor,equipment and materials for the repair or replacement of
vehicle windshields and all other equipment glass including cutting/fabrication of glass,
resealing windows or repairing rock chips for the City's fleet.
3.4 Service,Products, and Inventory: Vendor shall maintain inventory of replacement glass
Vendor Services Agreement-Advanced Glass Systems,Inc. Page 13 of 27 Inc.
or shall identify s readily available to meet the request. Some city vehicles are equipped
with shaded glass;the Vendor shall 1 also be responsible for carrying an adequate
inventory or having immediate accessibility to all shades in use. In the event repairs are
not made on the initial visit,the Vendor shall be responsible for covering openings to
prevent damage from the elements.
3.4.1 Vendor shall incur any additional travel costs associated with the
service request;which include,but not limited to,inadequate
inventory.
3.5 Vendor shall ensure all glass and replacement parts meet or exceed original
equipment manufacturers(OEM)specifications,no seconds or flawed materials
shall be acceptable.Vendor's installations shall use methods and materials
which retain original structural integrity and retention characteristics. The
Vendor shall be responsible for the replacement of such vehicle glass and
repair of any water leaks at no charge.
3.5.1 Vendor shall ensure there are no defects in the new windshield/window.
3.6 Vendor shall use a poly-urethane sealer suitable to allow a guaranteed two (2)
hour drive away time after installation of the glass.Fret and Pinch Weld are to
be thoroughly cleaned and primed prior to installation of replacement glass.
3.7 Vendor shall ensure all installers use sealers and installation procedures
mandated by Federal Government Motor Vehicle Safety Standards
(FMVSS 212,208& 216).
3.8 Vendor shall ensure all part(s),material(s),and/or service(s)purchased
under this Agreement are warranted/guaranteed against any defects in
design,workmanship and/or material failures,this shall include any glass
broken or damaged due to incorrect installation or leaks from resealed or
replaced glass.
3.9 Vendor shall ensure the warranty and/or guarantee shall begin on the date on
which the vehicle glass installation or repair is performed and shall continue
through the manufacturer's standard warranty period.
3.10 Response Time
3.10.1 Vendor shall ensure the City receives top priority to complete
repairs or replacements. The City requires a response time of four
(4)hours of the initial request for services.
3.10.2 Exceptions may be made for particular circumstances,heavy equipment,or
unusual applications,but must be agreed to by Fleet management at the
service center requesting service.Any exceptions to the requested four(4)
hour response time requires notification to PMD Fleet Supervisors at the
service center.
Vendor Services Agreement-Advanced Glass Systems,Inc. Page 14 of 27 Inc.
3.11 Normal Hours
3.11.1 Vendor shall report to Fleet Service Centers,Monday through Friday
between 7:30 a.m.—9:30 p.m.unless expressly authorized by the Fleet
Service Center Supervisor(s)or their designee.Any deviation from this
timeframe shall require written approval from the Fleet Service Center
Supervisor(s)or their designee.
3.11.2 After Hours
3.11.2.1 Vendor shall consider after hours as Friday at 9:31 pm through Monday at
6:59 am.
3.11.3 Some City-owned vehicles and equipment require continuous operation,it
may be necessary for the Vendor to render same-day repairs. All emergency
response vehicles and equipment shall receive same-day repairs.
3.11.4 In the event of an emergency,natural disaster,inclement weather or other
unforeseen environmental condition(s),the Vendor shall ensure any City
response requests for service receive the highest priority above the 's other
customers in order of precedence. This is to ensure the City's infrastructure
and departmental services regarding public safety and health matters are able
to be responded to in the most expeditious manner.
3.12 Fleet Service Center Locations
James Avenue 5021 James Avenue Fort Worth,TX 76115
Service Center
Water Service 2201 West Daggett Street Fort Worth,TX 76104
Center
Southside Service 4100 Columbus Trail Fort Worth,TX 76133
Center
North Service 317 Hillshire Drive Haslet,TX 76052
Center
Brennan Body Shop 2500 Brennan Avenue Fort Worth, TX 76106
3.12.1 The City reserves the right to add additional locations,if necessary.
3.12.2 Vendor shall check in with PMD Fleet crew leader upon arrival and shall have a
crew leader or assigned City representative sign all work orders.
3.13 Vendor shall invoice repair orders upon completion.
3.13.1 Vendor shall provide evidence of the prices taken from the National Auto
Glass Specifications(NAGS)calculator so the City may verify pricing that
affects the overall cost of the glass replacement or repair.
3.13.2 Vendor shall use the NAGS Catalog pricing as a base for any pricing discounts
to be applied and the pricing shall remain fixed for the entire contract term(s)
Vendor Services Agreement-Advanced Glass Systems,Inc. Page 15 of 27 Inc.
awarded.
3.13.3 Vendor shall include cleanup of all broken glass and materials at the on-site
repair area in Vendor's labor amount. Safe disposal of glass and materials are
the sole responsibility of the Vendor.
3.13.4 Vendor shall provide the City with copies of the current and updated NAGS
catalog and benchmark calculator throughout the Agreement term, as needed.
3.13.5 Vendor shall ensure that all services shall be in accordance with the best
current practices in the industry.
3.14 Technical Qualifications
3.14.1 Replacement of windshields and window installation:
3.14.1.1 Vendor's technicians shall be fully qualified for the task they are
required to perform, such qualifications shall include at a minimum;
completion of a comprehensive training program to include AGR
safety issues;OEM installation standards and procedures;relevant
technical specifications; and,comprehensive retention system
training. Technicians only use the urethane for which the training
certificate was issued.
3.14.2 Vendor's personnel shall utilize necessary mobile equipment to complete the
glass replacement for light and/or heavy-duty vehicle applications including
off-road equipment repaired on-site at requesting service center or any other
specified location.
3.14.3 Vendor shall furnish all glass and parts equal to original factory equipment and
must meet the requirements of the American National Standard Institute
(ANSI-Z26)/Society of Automotive Engineers(SAE)Safety Standard Z26.1-
1996(Safety Glazing Materials for Glazing Motor Vehicles and Motor
Vehicle Equipment Operating on Land Highways) and Federal Motor Vehicle
Safety Standard(FMVSS)No. 205 (Glazing Materials),and Society of
Automotive Engineers(SAE)J674-Nov 90,(Safety Glazing Materials-Motor
Vehicles).
3.14.4 Vendor shall ensure glass in the windshield for on-road vehicles is heat-
absorbing and shall contain a shaded band across the top location of"fade-out"
and shall be above upper limit for minimum visibility.
3.14.5 Vendor shall ensure glass in all side windows,doors and rear windows is AS-2
or better.
3.14.5.1 Vendor shall ensure glass for windshields and flat glass is AS-1 or
better,no seconds or flawed materials shall be acceptable.All
Vendor Services Agreement-Advanced Glass Systems,Inc. Page 16 of 27 Inc.
supplemental mechanical glass retention devices shall be replaced to
OEM specifications.
3.14.6 Vendor shall cut and shape(IE:Grind Corners,etc.)flat laminated safety plate
glass of the type used in motor vehicles,heavy-duty trucks and off-road
equipment,this will include any color(usually bronze or gray),and standard
tint type glass.
3.14.7 Vendor shall recalibrate Advanced Driver Assistance Systems(ADAS)on
vehicles,if equipped.
3.15 Estimated Quantities of Glass Repair/Replacements
3.15.1 Vendor shall provide written or electronic estimates to PMD Fleet
personnel before the start of any work. The estimates must be emailed to
the PMD Fleet employee(s)and/or PMD Fleet facility location who
requested the services to be completed.
3.15.2 Estimates shall be approved and authorized by PMD Fleet supervisor in
writing via email prior to work being performed.Verbal approvals should
not be considered.
3.15.2.1 Fleet shall create necessary work order for tracking.
3.15.2.2 The City required approximately three hundred(300)glass repairs this
past year and estimates an increase of 10%.
3.15.2.3 Vendor shall be notified,via email,of repairs needed and/or diagnosis
from Fleet.
3.15.2.4 Vendor shall identify the repair direction and shall email an estimate with
specific details of the repairs needed regardless of warranty or non-
warranty.
3.15.2.5 Vendor shall ensure warranty and billable repairs are on separate
estimate(s)and invoicing in ALL cases.
3.15.2.6 Fleet shall document the approval and shall update the work order
detailing all communications and repairs with denial or approval
information.Fleet shall provide the Vendor with a copy of the final
approval or denial.
3.15.2.7 PMD Fleet shall issue a purchase order for billable repairs via email.
Repairs SHALL NOT be performed until a purchase order has been issued
in writing from PMD Fleet Division,this ensures proper tracking and
documentation are in place for the Vendor and the City.
3.15.2.8 Vendor shall ensure final invoices submitted to the City for work
performed always match the final estimate received and approved by the
Vendor Services Agreement-Advanced Glass Systems,Inc. Page 17 of 27 Inc.
City.All revised estimates shall be approved in writing prior to billing.
3.15.2.9 Vendor's estimate shall state `Warranty Service' if City vehicle or
equipment is serviced for warranty work.
3.14.2.10 Vendors' estimates shall be quoted on a`time and materials' basis,
adherence to the agreed upon contract rate(s)and itemized to illustrate the
cost of each of the following,if applicable to the service or work
performed:
3.14.2.11 Vendor's estimates shall include quantity and cost of part(s)to be installed.
3.14.2.12 Vendor's estimates shall include cost of labor to perform repair and/or
installation;itemized by number of labor hours per labor line.
3.14.2.13 Vendor's estimate shall include Transportation fees,if any,for pick-up or
delivery.
3.14.2.14 Miscellaneous shoe fees will not be allowed,these fees should have been
incorporated into other time and materials line items within the
Vendor's bid res on nse•
3.14.1.15 Vendor's travel charges for mobile services may be considered at a flat rate
aligned to the Vendor's bid line response included in this agreement.
4 CLASS AND WINDSHIELD REPAIR REQUIREMENTS
4.1 The City's expectation is that the Vendor's replacement windshields shall not
compromise any of the safety standards that were a part of the original vehicle design.
Vendor shall ensure all glass,repairs,and installations must comply with applicable
ASTM International and American National Standards of Safety(ANSI/AGRSS 002-
2002)as amended.The replaced windshield glass shall also meet the four(4)government
Federal Motor Vehicle Safety Standards(FMVSS)related to automotive glass:
4.1.1 FMVSS 205 Glazing Materials
4.1.2 FMVSS 208 Occupant Crash Performance
4.1.3 FMVSS 212 Windshield Retention
4.1.4 FMVSS 216 Roof Crush Resistance
4.2 Windshield and window repairs are usually one(1)of three(3)common types of damage:
4.2.1 Bulls-Eye: Type of break most often caused by a flying stone at the point of
impact causing a tiny pit to be formed behind the windshield with a conical crack
from 1/2"'to 1-1/2"in diameter that penetrates to the plastic inner layer.
Vendor Services Agreement-Advanced Glass Systems,Inc. Page 18 of 27 Inc.
4.2.2 Partial Bulls-Eye: A stone produces an incomplete conical crack in the inner
windshield.
4.2.3 Star Break. Stresses in the glass where a star break occurs with radial cracks
emanating from the point of impact can be repaired up to 8".
4.3 Occasionally there might be two types of repair,one inside the glass and one outside the
glass.The glass repair system must be capable of repairing these types of glass damage
and any other clear and tinted glass damage.
4.3.1 Vendor's preferred repair method shall use the process of injecting an optically
clear material under pressure,into the pocket of the damaged or cracked glass
area,forcing out the air.The transparent sealer/adhesive then cures and forms an
almost invisible,permanent and optically clear repair,impervious to water,
extreme heat and cold.
4.3.2 Vendor is required to vacuum all glass from inside of the vehicle, sweep or
vacuum the ground surface surrounding the repaired vehicle of all broken glass,
moldings and debris.Additionally,the Vendor shall remove and dispose of all
debris created as a result of the repair or glass replacement,and remove from the
work site.
4.4 Glass Manufacturer/Supplier
4.4.1 If a repair requires glass replacement that can only be ordered through an OEM
manufacturer or supplier,the Vendor shall provide the most cost-effective way
of obtaining the glass needed to complete the repair.
4.5 If the Vendor fails to provide the most cost-effective option for obtaining the glass
needed to complete the repair,the City has the right to utilize a different Vendor.
5 INVOICING REQUIREMENTS
5.1 The City of Fort Worth has begun implementing an automated invoicing system.
5.2 The Vendor shall send invoices electronically to our centralized Accounts Payable
department invoice email address: soplierinvoices&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.
5.3 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 FW013-0000001234)
5.4 To ensure the system can successfully process your invoice in an expedient manner,
please adhere to the following requirements:
All invoices must be either a PDF or TIFF format.
Vendor Services Agreement-Advanced Glass Systems,Inc. Page 19 of 27 Inc.
• Image quality must be at least 300 DPI(dots per inch).
• Invoices must be sent as an attachment(i.e.no invoice in the body of
the email).
• One invoice per attachment (includes PDFs). Multiple
attachments per email is acceptable but each invoice must be a
separate attachment.
• Please do not send handwritten invoices or invoices that contain
handwritten notes.
• Dot matrix invoice format is not accepted.
• The invoice must contain the following information:
• Supplier Name and Address;
• Remit to Supplier Name and Address,if different;
• Applicable City Department business unit#(i.e.FW013)
• Complete City of Fort Worth PO number(i.e.the PO
number must contain all preceding zeros);
• Invoice number;
• Invoice date;and
• Invoices should be submitted after delivery of the goods or services.
5.5 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
supplierinvoiceskfortworthtexas.90v.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 at: ZZ FIN AccountsPa. ablekfortworthtexas.gov.
5.6 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.
5.7 If electronic invoicing is not possible,you may send your paper invoice to:
City of Fort Worth
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 's support.
If Vendor has any questions,please contact the Accounts Payable team at(817)392-
2451 or by email to ZZ FIN AccountsPa. ablekfortworthtexas.goy.
5.8 Vendor shall not include Federal, State of City sales tax on its invoices. City shall
furnish a tax exemption certificate upon Vendor's request.
6 UNIT PRICE ADJUSTMENT
6.1 The unit prices may be adjusted for increases or decreases in Vendor's cost during the
renewal period but before the effective date of the renewal upon written request from the
Vendor.
Vendor Services Agreement-Advanced Glass Systems,Inc. Page 20 of 27 Inc.
6.2 The Vendor must submit its price adjustment request,in writing,at least 60 days before
the renewal effective period. The Vendor shall provide written proof of cost increases
with price adjustment request.
6.3 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 contract to expire at the end of the contract term. If the City elects not to
exercise the renewal option,the Purchasing Division will issue a new solicitation.
6.4 Prices bid shall remain firm for each one-year term of the Agreement and shall include
all associated freight and delivery costs.
6.5 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.
6.6 Upon expiration of the Agreement term,Advanced Glass Systems,Inc. 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.
6.7 Goods and/or services shall not be suspended by the Vendor without a 30-day prior
written notice to the City.
Vendor Services Agreement-Advanced Glass Systems,Inc. Page 21 of 27 Inc.
EXHIBIT B
PAYMENT SCHEDULE
ORT ORTH-
BID SOLICITIATON
EVWdID Para Invited; EVENTGETAILS
CFWQ1-22-9162 s n�aaryry
EvweRaund Vwsion $ubmltT4 FIF3ANCIALWNAJ(�EMENTSERVICE$
evert Nay* FINANCE-Purchasing
IT$ Vehivl� & ui :tL GSG59 Pt it & P Laccneat 2170 Texas St Low9r L val.& th)
Stan Time Flnlsh f,% Fort Wnlih Tit 61152
Unged Stales
Email: FMSPurchasingResponses@(Drhvarthtaxas.grry
Li�.v: 1
U¢ScriPt— Qty u9kI1 UAtlH9Ci TOUS
AD.sS CALIBRATION SERVICES 1Cd0_CO EA
Lint= 2
oesodal:an_ QN Unit UniUari6e Talal
ADDY770NAL F r=PadR TO-*AuE GLASS 3W.W EA
Lino: 3
De3triptiar5= qtY ubit unilpple* Total
ADHESIVE(2_1)I,.IRETHANE,DAM,PCLMER) 14g4.44 FA
1-7. 8 Imo, O
Llnal 4
iutlun: alv Unit Unit Price Total
BACK WINDOW(HEATED,STATIONARY,SOLAR 3D4.44 EA
WNTRIMLED) p O
Wccr Llne: 5
iolti. Qty Uwa UnilPrico TVWI DOOR(FRONT,LEFT,SOLAR CONTRdLLET7) 254.00 EA #7
Le Oq
LZLing; 8
.,ei.6Gn: ON unit UnilFrkw Tvlal
DOOR(LAMINATED.FRONT,RIGHT) 2�QJp7 EA
U. 7
Diiwrij 6a!`: QN unit unilPriu Tv[a1
DOOR(REAFL LEFT,SOL 00NTROLLED) M0.00 EA
Llnr. 8
Deeulnllrm: .4tY Unk UnIlPnca Total
DOOR(2-HOLE REAR,RIGHT.SOLAR CONTROLLED) 260.00 EA
.9! 4
ITR 22-M 62 Vahlrle and Equlpmen Glees Repair and Replsomnem
f'eae S a135
Vendor Services Agreement-Advanced Glass Systems,Inc. Page 22 of 27 Inc.
EXHIBIT B
PAYMENT SCHEDULE
oRTWORT]i
BID SOLICITIATON
Eyanl to Pape Invited; EYENT DETAILS
CFHOS-32-9162 RRyy F'wne RoundVwsion 6u4mRTrx FIF)ANCIAL MANArpEMENT$ERVIQE$
F'wn#Name FINANCE-Purchasing
!TB Vehicle 6 nt Glaaa 9e it & 1n�eaent 2U4 Tevag St L T L9Y91,South)
Start Time Flnlsh 4 Fort Worth rX 151 d2
united swes
Email: FMSPurchasingResponses@forKmrlhWxas.gou
Litw; t
6leptriOtiGn- GUY Unit Un21Priee Tatel
AU.s.S rSALIEIRATION SERVICES 1Gfl0.00 EA
a 56.00 a,oa
Line- 2
UestliWiere late/ Unit UnAPHoe Telil
AonrnbNAL REPadR Tb SAME GLASS 3M.80 EA
Lin¢: 3
lleStriplidn: qM Urii4 ulti -Af* Tbtbl
ADHESIVE t2_D URETHANE,DAM,POLMER7 14p4.44 EA
Line; 4
urraniotion: Qw Unit Unit;Prics Total
MCK W NDCW(HEATED,STATIONARY.SOLAR 940.44 EA
CONTROLLED) M Oo
Line; 5
17ercrioton: Gly Unit itPrca TQWl
DOOR(FROKIT,LEFT,SOLAR CONTROLLED) 250 D4 EA
.�.* o
Linn, 8
Dyxtriplien: QIV Unit 'J-WricA Total
DDOR(LAMINATED,FRONT,RIGHT) 250 w EA
Line: 7
Ue.Weidtion: Olv Unit LI.Writ* Total
DOOR(REAR;LEFT,SOLAR CONTROLLED) 2W.00 EA
LlrFa: B
beaerlp+tlag`_ QtY Unit UnI1prlee total
DOOR(7-HOLE REAR,RIGHT,SOLAR CONTROLLED) 250,44 EA
IO
ITI1 22-0162 Vehicle and Equlpnery Gleaa Repair and"sam i
f'".3 of 35
Vendor Services Agreement-Advanced Glass Systems,Inc. Page 23 of 27 Inc.
EXHIBIT B
PAYMENT SCHEDULE
BID S LI ITIATON
Ererri ID pw Invited; EVENT DETAILS
CFd01-22-0162 4
rty evart Round Vws on SubmRTo FINANCIAL M NAGEMENT SERVIGE$
Event Name IF -Purchasing
IT8 vehicle & Rqui=Ent Ulasie 9e it lacevent 2130 TeAas St LAw9Y Lev91,South)
Gtarf Time Flnlah7Tmr Fort Worth TX 6CO2
untied Stapes
Email: FIVISPurchasingResponses@(orMnrhbaxas.gov
Lino; t
oescriotion: 411V Unit UntlPr9u Tarr[
ADDS CALIBRATION SERVICES illoo..O E0.
a 56.0 0,
Ana= 2
DrtsCriplielV QtV Unit Ueitpriet T0121
AoDMONAL REPA M TO UmE GL&SS 3A0.00 EA
Linn: 3
D.Lmion: OrI Unit unitPrbw Total
ADHE$IVF:{-�URFMAM.DAM,PCILMER) in.00 EP. /� L�+•+
��• �4f ��t7��
LIrw1 4
},+Mon: Qlv Unit Unit Price Total
&WK WINDUIX(HEATED,FTaTIOt+[77.SOLAR aw.00 EA
G4NTPQILEa} p 0O
Llrra: 5
Dr:criuLion: ibhr UFA UIi FI ic0 Tgul
VQDR(FRONT,LEFT,SOLAR CONTROLLED) $94.p¢ EA. -
9 o
Linn, S
0bytriptien: GM unit UnitPri[P Tahrl
DUOR(LAMINATED.FRONT,RIQKT) 75q.pp EA
Llrue: 7
Ekttripfibw QFV Unit U.Wrioe TQUI
MOO(PZASF LEFT,SOUR CONTROLLED) ANd EA
Llne: 8
Desuldlkn �tlr Unk UnliPrke Total
DOOR(2-HOLE REAR,RIGHT,SOLAR CONTROWED) 250,44 FA
ITB22-M62 Vehicle and Equlprneri Glass Repelr and Replsrzlrew
rb-3aFW
Vendor Services Agreement-Advanced Glass Systems,Inc. Page 24 of 27 Inc.
EXHIBIT B
PAYMENT SCHEDULE
FORT WORTH,
BID SQLICITIATQN
Evem ID Page Invited: EVENT DETAILS
CFWO-1-22-0162 Found IryFort Vkrth
6wvnk und Valsion 544Rm TO; FINANCIAL MANAIr3EMENT SERVICES
ink We a FINANCE-Purchasing
ETA V.=:L. & i Rt Glaser Re it & P l.--Rt 20O Texas St Lower LoVSI,South)
Stan Time FlnlshTlme Fork Worth TX 6142
4lniwd SL9tes
Email: FMSPurcbasingResponses(nforhvarihtexas.gov
Linn: I
Dmiution: 9L4 Unir UnitPricc Tabbi
And,S CALIBRATION SERVICES {9r]_d3 EA
I1n.= 2
beseriglinn_ 4N Unit UniiPrioe Total
ADIDMONAL REPAJR TO&ME GLASS EA
Ian¢: 3
Oestriplien_ t]tY Unit unHPYwe Telel
AOHE$IVE{2_Q URETHANFE,DAM,POLMER) yoop.00 PA
1-7• Imo,
LI— 4
[Ua�criotion: 42ty Unit UnitPHca Total
C IOWTONTWIWDOW(HEATED,STAT1OhlAR};SOLAR 840,40 EA M
GROILED} p
Line: 5
Dascrio4ion: t7tr Unil _ Unripe ca Total
DQQR(FRONT,LEFT,WLAR CONTROLLIJID) y[}.pp EA
LLinn, ##
triotiort: Tata1
C95QR(LAMINATED,FRONT.RIGHT) Z$QAQ EA
Line= 7
f] Fill..: Olv Unit U.Wriu Tvbl
DOOR(REAR_LEFT,SOLAR CONTROLLEQ) 234.9Q EA
Line: B
fLsaerlptlkn:. _ d[Y.. URIS UwtPr,6P TCUI
DOOR(2•HOLE FMAR,RIGHT,SOLAR CONTROLLED) 250.00 FA _ ++--
ITB 22,M 62 Vahlcla and EqulpmerA Glesa Repair and Replan nim!
r'rgc 5 vl N
Vendor Services Agreement-Advanced Glass Systems,Inc. Page 25 of 27 Inc.
EXHIBIT B
PAYMENT SCHEDULE
FORT WORTH.
CITY OF FORT WORTH BID OFFER
=�vnrrt p piu• Urvited advanced Glass Systems,Inc.
FPFDI-2 2-0 L6 _ 2 7474 Baker Boulevard
Evrfrrt Rvurd uerslon Richland Mills 7X 76118
1 united States
Ewrrt Name
s s u e GL Suhmlt To: Cily-of Fort Worth
stnrtYrroe Fnixh Time FINANCIAL MANAGEMENT SERVICES
oe its zo22 D7,oO- FINANCE-Purchasing
20127axas SL{Lows{Level,$Qvtb)
FoR Worth TX 7 142
United SW*25
EmaIL FMSPurch3sinpRESp27rkSBS�f8etw6rtt�t�x8s.ggv
L'
ng DetamlIS
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Vendor Services Agreement-Advanced Glass Systems,Inc. Page 26 of 27 Inc.
EXHIBIT D
VERIFICATION OF SIGNATURE AUTHORITY
Advanced Glass Systems,Inc.
7474 Baker Boulevard
Fort Worth,TX 76118
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: Mark Gosdin
Position: General Counsel
Mark Gosdin
Mark Gosdin(Sep 28,2022 15:04 CDT)
Signature
2. Name:
Position:
Marx Gasdin
Mark Gosdin(Sep 28,202215:04 CDT)
Signature
3. Name:
Position:
Mar'K Gosdin
Mark Gosdin(Sep 28,202215:04 CDT)
Signature
Name:
Mcgn,K Gosdin
Mark Gosdin(Sep 28,2022 15:04 CDT)
Signature of President/CEO
Other Title: General Counsel
Date: 9/28/22
Vendor Services Agreement-Advanced Glass Systems,Inc. Page 27 of 27 Inc.
From: Brewer,Lolita M
To: Soto.Vania Elizabeth
Subject: RE: 22-0162,Vehicle&Equipment Glass Repair and Replacement:Advanced Glass Systems,Inc.
Date: Tuesday,October 11, 2022 9:46:20 AM
Attachments: imaoe001.ono
imaae004.ona
Good morning Vania,
I sought the advice of Legal to see what next steps should be and Attorney Austria is comfortable
with us moving forward without the attachments integrated into the contract (see communications
below). I spoke with the vendor(per Austria's recommendation) to inform them of the omission. The
vendor is requesting to move forward with and incorporating the attachments during the renewal
phase. I have sent the vendor the missing attachment so that they have it when they receive the
fully executed agreement.
Thanks,
Q Reply Q�ReplyAll P Forward (AdlM
Fri 16I712022 18:26 AM
Brewer,Lolita M
RE:22-0162,Vehicle&Equipment Glass Repair and Replacement:Advanced Glass Systems,Inc.
To Austria,Christopher X
Report Phis h
Good morning,
The Vendor is fine with an attachment of Exhibit C.I have Vania continue with filing.
Thanks,
Lollita Brewer,MBA
Sr.Contract Compliance Specialist
Property Management Department
900 Monroe Street,4th floor,Suite 4D2
Fort Worth,Texas 76102
Office:(817)392-6645
Lolita.Brew@rL@fortwoithtexas.gov
Your opinion matters!Please complete this short Customer Satisfaction Surve.Y to tell us how we can better serve you.
City of Fort Worth—Working together to build o strong cornmunity
FORT WORTH.
Good morning,
The Vendor is fine with an attachment of Exhibit C. I have Vania continue with filing.
Thanks,
Lolita Brewer, MBA
Sr. Contract Compliance Specialist
Property Management Department
900 Monroe Street,4th floor, Suite 402
Fort Worth,Texas 76102
Office: (817) 392-6645
Lolita.BrewerPfortworthtexas.g_ov
Your opinion matters! Please complete this short Customer Satisfaction Survey to tell us how we can
better serve you.
City of Fort Worth — Working together to build a strong community
FORTWORTH.
CAUTION:This email originated from outside of the City of Fort Worth email system. Do not click any links or open
attachments unless you recognize the sender and know the content is safe.
Yes ma'am
From: Brewer, Lolita M <Lolita.BrewerCcDfortworthtexas.gov>
Sent: Friday, October 07, 2022 10:22 AM
To: Audrey Burgess<audreyna advancedglasssystems.com>
Subject: RE: City of Fort Worth Auto Glass Replacement Bid: 22-0162
Hi Audrey,
So that I am clear, we can move forward and have Exhibit C as an attachment, correct?
Lolita Brewer, MBA
Sr. Contract Compliance Specialist
Property Management Department
900 Monroe Street,4th floor, Suite 402
Fort Worth,Texas 76102
Office: (817) 392-6645
Lolita.Brewerl@fortworthtexas.gov
Your opinion matters! Please complete this short Customer Satisfaction Survey to tell us how we can
better serve you.
City of Fort Worth — Working together to build a strong community
FORTWORTH.
MPM
From: Audrey Burgess <audreyna advancedglasssystems.com>
Sent: Friday, October 7, 2022 9:28 AM
To: Brewer, Lolita M <Lolita.Brewer(cDfortworthtexas.gov>
Subject: RE: City of Fort Worth Auto Glass Replacement Bid: 22-0162
CAUTION:This email originated from outside of the City of Fort Worth email system. Do not click any links or open
attachments unless you recognize the sender and know the content is safe.
Good morning Lolita,
Can you send Exhibit C as an attachment and we'll get it done. Sorry about that.
Thank you,
Av- re y Lev
Advanced Glass Systems, Inc.
7474 Baker Boulevard
Fort Worth,Texas 76118
Phone:817-595-3200
Direct:817-893-1503
Fax:817-595-1386
Email:Audrey(@advanced Ig asssystems.com
From: Austria, Christopher K<Christopher.Austria(@fortworthtexas.gov>
Sent: Friday, October 7, 2022 8:17 AM
To: Brewer, Lolita M <Lolita.Brewer(cDfortworthtexas.gov>
Subject: Re: 22-0162, Vehicle & Equipment Glass Repair and Replacement: Advanced Glass Systems,
Inc.
It can be done either way. I would reach out to the vendor and let them know what happened and
let them know that we will either attach it at time of renewal or whatever the department wants.
I am not too concerned because we have the scope of services attached and our terms. I don't
think it changes the agreement or the services they are supposed to provide, it serves as a catch-all.
Get Outlook for iOS
From: Brewer, Lolita M <Lolita.BrewerCcDfortworthtexas.gov>
Sent: Friday, October 7, 2022 8:08:33 AM
To: Austria, Christopher K<Christopher.Austria(@fortworthtexas.gov>
Subject: RE: 22-0162, Vehicle & Equipment Glass Repair and Replacement: Advanced Glass Systems,
Inc.
Would the amendment be necessary now or could it be at the renewal since all signatures were
obtained?
Lolita Brewer, MBA
Sr. Contract Compliance Specialist
Property Management Department
900 Monroe Street,4th floor, Suite 402
Fort Worth,Texas 76102
Office: (817) 392-6645
Lolita.BrewerlcDfortworthtexas.gov
Your opinion matters! Please complete this short Customer Satisfaction Survey to tell us how we can
better serve you.
City of Fort Worth — Working together to build a strong community
FORTWORTH.
From: Austria, Christopher K<Christopher.AustrialcDfortworthtexas.gov>
Sent: Friday, October 7, 2022 6:44 AM
To: Brewer, Lolita M <Lolita.Brewer(@fortworthtexas.gov>
Subject: Re: 22-0162, Vehicle & Equipment Glass Repair and Replacement: Advanced Glass Systems,
Inc.
Technically it's already an executed contract, we can do an amendment to add it if all parties have
already signed.
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From: Brewer, Lolita M <Lolita.Brewer(@fortworthtexas.gov>
Sent: Thursday, October 6, 2022 8:43:00 PM
To: Austria, Christopher K<Christopher.Austrial@fortworthtexas.gov>
Subject: 22-0162, Vehicle & Equipment Glass Repair and Replacement: Advanced Glass Systems, Inc.
Hi Chris,
The Glass agreement made it to Vania for filing and she noticed two attachments missing, what are
your thoughts for next steps? I brought this to the vendor's attention at the end of the day when
they reached out for the status of the executed agreement. I didn't want to misspeak by saying that
we could move forward. Thoughts?
Lolita Brewer, MBA
Sr. Contract Compliance Specialist
Property Management Department
900 Monroe Street,4th floor, Suite 402
Fort Worth,Texas 76102
Office: (817) 392-6645
Lolita.BrewerPfortworthtexas.gov
Your opinion matters! Please complete this short Customer Satisfaction Survey to tell us how we can
better serve you.
City of Fort Worth — Working together to build a strong community
FORTWORTH.
From: Soto, Vania Elizabeth <Vania.Soto@fortworthtexas.gov>
Sent: Thursday, October 6, 2022 11:47 AM
To: Brewer, Lolita M <Lolita.Brewer@fortworthtexas.gov>
Subject: 22-0162, Vehicle & Equipment Glass Repair and Replacement: Advanced Glass Systems, Inc.
This contract is missing Exhibit C &E that is listed on the first page.
Important Notice: For all email related to Public Information Requests please use
PIC(a),fortworthtexas.gov to ensure your message is responded to promptly.
Note,my office hours are 8 a.m. to 5 p.m.,Monday to Friday!
Vania E. Soto
Public Information Coordinator
817-392-6090
Vania.Sotoafortworthtexas_gov
200 Texas Street- Suite 3614
Fort Worth,Texas 76102