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HomeMy WebLinkAboutContract 58369 58369 City Secretary Contract No. FORTWORTH, NON-EXCLUSIVE VENDOR SERVICES AGREEMENT Industrial Power,LLC This NON-EXCLUSIVE 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 Industrial Power,LLC ("Vendor"), a Texas limited liability company and acting by and through its duly authorized representative, each individually referred to as a"party"and collectively referred to as the"parties." WHEREAS, through RFP No. 22-0028, the City solicited bids with the intent to award non- exclusive services agreements to multiple bidders to provide auto body collision repairs and services for the Property Management Department for an aggregate amount of up to $1,374,000 per year for contracts award to selected bidders; and WHEREAS,the Vendor was the only vendor to submit a bid under RFP No. 22-0028 to provide auto body collision repairs and services for the City of Fort Worth Property Management Department;and WHEREAS because the City needed additional vendors to provide auto body collision repairs and services, the City solicited bids under RFP 22-0028 to award non-exclusive services agreements to multiple bidders to provide additional auto body collision repairs and services for City of Fort Worth Property Management for an aggregate amount of up to $1,374,000 per year for contracts awarded to selected bidders;and WHEREAS, the Vendor understands and agrees that the City will award non-exclusive service agreements to multiple bidders for auto body collision repairs and services and that compensation amount of$1,374,000 is a not to exceed amount and the City makes no promise or guarantee ofthe total amount of work that will be assigned to Vendor under this agreement;and WHEREAS,City and Vendor wish to set out terms of Vendor's non-exclusive services agreement. NOW, THEREFORE, the parties, acting herein by and through their duly authorized representatives,enter into the following agreement. AGREEMENT DOCUMENTS: OFFICIAL RECORD The Agreement documents shall include the following: CITY SECRETARY 1. This Non-Exclusive Vendor Services Agreement; 2. Exhibit A—Scope of Services; F T. WORTH, T 3. Exhibit B—Price Schedule; 4. Exhibit C—City's RFP No.22-0028 5. Exhibit D—Vendor Bid Response to City's RFP No.22-0028;and Vendor Services Agreement Industrial Power,LLC Page 1 of 22 6. Exhibit E—Verification of Signature Authority Form. Exhibits A, B, C, D, and E, which are attached hereto and incorporated herein, are made a part of this Agreement for all purposes.In the event of any conflict between the terms and conditions of Exhibits A,B, C, or D and the terms and conditions set forth in the body of this Agreement,the terms and conditions of this Agreement shall control. 1. Scone of Services. 1.1 Vendor agrees to provide to the City auto body collision repairs and services ("Services"), which are set forth in more detail in Exhibit "A," attached hereto and incorporated herein for all purposes. 1.2 Vendor understands and agrees that the City will award non-exclusive purchase agreements to multiple bidders for auto body collision repairs and services, on an as needed basis, as outlined in City of Fort Worth Bid Solicitation(RFP No.22-0028),which is attached hereto as Exhibit C,and incorporated herein for all purposes. Vendor further understands that the aggregate amount under RFP No.22-0028 shall be an amount not to exceed$1,374,000 per year, and the City makes no promise or guarantee of the total amount of work that will be assigned to Vendor under this Agreement. Vendor's Response to City of Fort Worth ITB No 22-0028 ("Vendor's Response") is attached hereto as Exhibit D, and incorporated herein for all purposes. 2. Term. This Agreement begins on September 1, 2022 ("Effective Date") and expires on August 31,2025("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 one(1)two-year renewal option(each a"Renewal Term"). 3. Compensation. 3.1 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 One Million Three Hundred and Seventy- Four Thousand Dollars and No Cents ($1,374,000) per year. 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. Vendor understands and agrees that the total compensation stated above is an aggregate amount of all contracts awarded to multiple Vendors who may provide auto body collision and repair services to the City, and the City makes no promise or guarantee of the total amount of work that will be assigned to the Vendor under this Agreement. 3.2 Vendor agrees to submit estimates and invoices in accordance with the estimate and invoice requirements stated in Exhibit"A". 4. Termination. 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. Vendor Services Agreement Industrial Power,LLC Page 2 of 22 4.2 Non-appropriation of Funds. In the event no funds or insufficient funds are appropriated by City in any fiscal period for any payments due hereunder, City will notify Vendor of such occurrence and this Agreement will terminate on the last day of the fiscal period for which appropriations were received without penalty or expense to City of any kind whatsoever,except as to the portions of the payments herein agreed upon for which funds have been appropriated. 4.3 Duties and Obligations of the Parties. In the event that this Agreement is terminated prior to the Expiration Date, City will pay Vendor for services actually rendered up to the effective date of termination and Vendor will continue to provide City with services requested by City and in accordance with this Agreement up to the effective date of termination. Upon termination of this Agreement for any reason, Vendor will provide City with copies of all completed or partially completed documents prepared under this Agreement. In the event Vendor has received access to City Information or data as a requirement to perform services hereunder, Vendor will return all City provided data to City in a machine-readable format or other format deemed acceptable to City. 5. Disclosure of Conflicts and Confidential Information. 5.1 Disclosure of Conflicts.Vendor hereby warrants to City that Vendor has made full disclosure in writing of any existing or potential conflicts of interest related to Vendor's services under this Agreement.In the event that any conflicts of interest arise after the Effective Date of this Agreement,Vendor hereby agrees immediately to make full disclosure to City in writing. 5.2 Confidential Information.Vendor,for itself and its officers,agents and employees, agrees that it will treat all information provided to it by City ("City Information") as confidential and will not disclose any such information to a third party without the prior written approval of City. 5.3 Public Information Act. City is a government entity under the laws of the State of Texas and all documents held or maintained by City are subject to disclosure under the Texas Public Information Act.In the event there is a request for information marked Confidential or Proprietary, City will promptly notify Vendor.It will be the responsibility of Vendor to submit reasons objecting to disclosure.A determination on whether such reasons are sufficient will not be decided by City, but by the Office of the Attorney General of the State of Texas or by a court of competent jurisdiction. 5.4 Unauthorized Access.Vendor must store and maintain City Information in a secure manner and will not allow unauthorized users to access,modify, delete or otherwise corrupt City Information in any way. Vendor must notify City immediately if the security or integrity of any City Information has been compromised or is believed to have been compromised,in which event, Vendor will, in good faith, use all commercially reasonable efforts to cooperate with City in identifying what information has been accessed by unauthorized means and will fully cooperate with City to protect such City Information from further unauthorized disclosure. 6. Right to Audit. Vendor agrees that City will,until the expiration of three (3)years after final payment under this Agreement, or the final conclusion of any audit commenced during the said three 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 Vendor Services Agreement Industrial Power,LLC Page 3 of 22 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, Vendor, and subcontractors. Vendor acknowledges that the doctrine of respondeat superior will not apply as between City,its officers,agents,servants and employees,and Vendor,its officers,agents, employees, servants, contractors, and subcontractors. Vendor further agrees that nothing herein will be construed as the creation of a partnership or joint enterprise between City and Vendor. It is further understood that City will in no way be considered a Co-employer or a Joint employer of Vendor or any officers, agents, servants, employees, contractors, or subcontractors. Neither Vendor, nor any officers, agents, servants, employees, contractors, or subcontractors of Vendor will be entitled to any employment benefits from City.Vendor will be responsible and liable for any and all payment and reporting of taxes on behalf of itself, and any of its officers, agents, servants, employees, contractors, or contractors. 8. Liability and Indemnification. 8.1 LIABILITY- VENDOR WILL BE LIABLE AND RESPONSIBLE FOR ANY AND ALL PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, TO THE EXTENT CAUSED BY THE NEGLIGENT ACT(S) OR OMISSION(S), MALFEASANCE OR INTENTIONAL MISCONDUCT OF VENDOR, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, OR SUBCONTRACTORS. 8.2 GENERAL INDEMNIFICATION- VENDOR HEREBY COVENANTS AND AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS, AGENTS,SERVANTSAND EMPLOYEES,FROMAND AGAINST ANYAND ALL CLAIMS OR LAWSUITS OFANYKIND OR CHARACTER, WHETHER REAL OR ASSERTED,FOR EITHER PROPERTYDAMAGE OR LOSS(INCLUDINGALLEGED DAMAGE OR LOSS TO VENDOR'S BUSINESS AND ANY RESULTING LOST PROFITS) AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS,ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, TO THE EXTENT CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS OR MALFEASANCE OF VENDOR,ITS OFFICERS, AGENTS,SERVANTS,EMPLOYEES, CONTRACTORS, OR SUBCONTRACTORS. 8.3 INTELLECTUAL PROPERTY INDEMNIFICATION — Vendor agrees to defend, settle, or pay, at its own cost and expense, any claim or action against City for infringement of any patent, copyright, trade mark, trade secret, or similar property right arising from City's use of the software and/or documentation in accordance with this Agreement,it being understood that this agreement to defend, settle or pay will not apply if City modifies or misuses the software and/or documentation. So long as Vendor bears the cost and expense of payment for claims or actions against City pursuant to this section, Vendor will have the right to conduct the defense of any such claim or action and all Vendor Services Agreement Industrial Power,LLC Page 4 of 22 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. Assienment and SubcontractinIZ. 9.1 Assignment. Vendor will not assign or subcontract any of its duties, obligations or rights under this Agreement without the prior written consent of City. If City grants consent to an assignment, the assignee will execute a written agreement with City and Vendor under which the assignee agrees to be bound by the duties and obligations of Vendor under this Agreement. Vendor will be liable for all obligations of Vendor under this Agreement prior to the effective date of the assignment. 9.2 Subcontract. If City grants consent to a subcontract,the subcontractor will execute a written agreement with Vendor referencing this Agreement under which subcontractor agrees to be bound by the duties and obligations of Vendor under this Agreement as such duties and obligations may apply. Vendor must provide City with a fully executed copy of any such subcontract. 10. Insurance. Vendor must provide City with certificate(s) of insurance documenting policies of the following types and minimum coverage limits that are to be in effect prior to commencement of any Services pursuant to this Agreement: 10.1 Coverage and Limits (a) Commercial General Liability: $1,000,000- Each Occurrence Vendor Services Agreement Industrial Power,LLC Page 5 of 22 $2,000,000- Aggregate (b) Automobile Liability: $1,000,000- Each occurrence on a combined single limit basis Coverage will be on any vehicle used by Vendor, or its employees, agents, or representatives in the course of providing Services under this Agreement. "Any vehicle"will be any vehicle owned,hired and non-owned. (c) Worker's Compensation: Statutory limits according to the Texas Workers' Compensation Act or any other state workers' compensation laws where the Services are being performed Employers' liability $100,000- Bodily Injury by accident; each accident/occurrence $100,000 - Bodily Injury by disease; each employee $500,000- Bodily Injury by disease;policy limit (d) Professional Liability(Errors&Omissions): $1,000,000- Each Claim Limit $1,000,000- Aggregate Limit Professional Liability coverage may be provided through an endorsement to the Commercial General Liability (CGL) policy, or a separate policy specific to Professional E&O. Either is acceptable if coverage meets all other requirements. Coverage must be claims-made,and maintained for the duration of the contractual agreement and for two (2) years following completion of services provided. An annual certificate of insurance must be submitted to City to evidence coverage. 10.2 General Requirements (a) The commercial general liability and automobile liability policies must name City as an additional insured thereon, as its interests may appear.The term City includes its employees,officers,officials,agents,and volunteers in respect to the contracted services. (b) The workers' compensation policy must include a Waiver of Subrogation (Right of Recovery)in favor of City. (c) A minimum of Thirty (30) days' notice of cancellation or reduction in limits of coverage must be provided to City.Ten (10) days' notice will be acceptable in the event of non-payment of premium.Notice must be sent to the Risk Manager, City of Fort Worth, 200 Texas Street, Fort Worth, Texas 76102, with copies to the Fort Worth City Attorney at the same address. Vendor Services Agreement Industrial Power,LLC Page 6 of 22 (d) The insurers for all policies must be licensed and/or approved to do business in the State of Texas.All insurers must have a minimum rating of A-VII in the current A.M.Best Key Rating Guide,or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management.If the rating is below that required,written approval of Risk Management is required. (e) Any failure on the part of City to request required insurance documentation will not constitute a waiver of the insurance requirement. (f) Certificates of Insurance evidencing that Vendor has obtained all required insurance will be delivered to the City prior to Vendor proceeding with any work pursuant to this Agreement. 11. Compliance with Laws,Ordinances,Rules and Regulations. Vendor agrees that in the performance of its obligations hereunder, it will comply with all applicable federal, state and local laws, ordinances,rules and regulations and that any work it produces in connection with this Agreement will also comply with all applicable federal, state and local laws, ordinances, rules and regulations. If City notifies Vendor of any violation of such laws, ordinances, rules or regulations, Vendor must immediately desist from and correct the violation. 12. Non-Discrimination Covenant. Vendor, for itself, its personal representatives, assigns, contractors,subcontractors,and successors in interest,as part of the consideration herein,agrees that in the performance of Vendor's duties and obligations hereunder, it will not discriminate in the treatment or employment of any individual or group of individuals on any basis prohibited by law. IF ANY CLAIM ARISES FROM AN ALLEGED VIOLATION OF THIS NON-DISCRIMINATION COVENANT BY VENDOR, ITS PERSONAL REPRESENTATIVES, ASSIGNS, CONTRACTORS, SUBCONTRACTORS, OR SUCCESSORS IN INTEREST, VENDOR AGREES TO ASSUME SUCH LIABILITY AND TO INDEMNIFY AND DEFEND CITY AND HOLD CITY HARMLESS FROM SUCH CLAIM. 13. Notices. Notices required pursuant to the provisions of this Agreement will be conclusively determined to have been delivered when (1) hand-delivered to the other party, its agents, employees, servants or representatives, (2) delivered by facsimile with electronic confirmation of the transmission, or(3)received by the other party by United States Mail,registered,return receipt requested, addressed as follows: To CITY: To VENDOR: City of Fort Worth Industrial Power LLC Attn:Assistant City Manager Bailey Bible,Municipal Account Manager 200 Texas Street 712 N.Beach St Fort Worth,TX 76102-6314 Fort Worth,TX 76111 Facsimile:(817)392-8654 Facsimile: (972)632-3750 With copy to Fort Worth City Attorney's Office at same address Vendor Services Agreement Industrial Power,LLC Page 7 of 22 14. Solicitation of Emnlovees. 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 Agreement or Exhibits A,B,and C. Vendor Services Agreement Industrial Power,LLC Page 8 of 22 22. Amendments/Modifications/Extensions. No amendment, modification, or extension of this Agreement will be binding upon a party hereto unless set forth in a written instrument, which is executed by an authorized representative of each party. 23. Counterparts. This Agreement may be executed in one or more counterparts and each counterpart will, for all purposes,be deemed an original,but all such counterparts will together constitute one and the same instrument. 24. Warranty of Services. Vendor warrants that its services will be of a high quality and conform to generally prevailing industry standards. City must give written notice of any breach of this warranty within thirty(30) days from the date that the services are completed. In such event, at Vendor's option, Vendor will either(a) use commercially reasonable efforts to re-perform the services in a manner that conforms with the warranty, or (b) refund the fees paid by City to Vendor for the nonconforming services. 25. Immigration Nationality Act. Vendor must verify the identity and employment eligibility of its employees who perform work under this Agreement, including completing the Employment Eligibility Verification Form (I-9). Upon request by City, Vendor will provide City with copies of all I-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Vendor must adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any Vendor employee who is not legally eligible to perform such services.VENDOR WILL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES,LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY VENDOR, VENDOR'S EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, OR AGENTS.City,upon written notice to Vendor,will have the right to immediately terminate this Agreement for violations of this provision by Vendor. 26. Ownership of Work Product. City will be the sole and exclusive owner of all reports, work papers,procedures,guides,and documentation that are created,published, displayed, or produced in conjunction with the services provided under this Agreement(collectively,"Work Product"). Further,City will be the sole and exclusive owner of all copyright,patent,trademark,trade secret and other proprietary rights in and to the Work Product. Ownership of the Work Product will inure to the benefit of City from the date of conception, creation or fixation of the Work Product in a tangible medium of expression (whichever occurs first).Each copyrightable aspect of the Work Product will be considered a"work-made- for-hire" within the meaning of the Copyright Act of 1976, as amended. If and to the extent such Work Product,or any part thereof,is not considered a"work-made-for-hire"within the meaning of the Copyright Act of 1976, as amended, Vendor hereby expressly assigns to City all exclusive right,title and interest in and to the Work Product,and all copies thereof,and in and to the copyright,patent,trademark,trade secret, and all other proprietary rights therein, that City may have or obtain, without further consideration, free from any claim,lien for balance due,or rights of retention thereto on the part of City. 27. Signature Authority. The person signing this Agreement hereby warrants that they have the legal authority to execute this Agreement on behalf of the respective party, and that such binding authority has been granted by proper order,resolution, ordinance or other authorization of the entity. This Agreement and any amendment hereto,may be executed by any authorized representative of Vendor.Each party is fully entitled to rely on these warranties and representations in entering into this Agreement or any amendment hereto. 28. Cham6e in Company Name or Ownership. Vendor must notify City's Purchasing Vendor Services Agreement Industrial Power,LLC Page 9 of 22 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 Boycott of Israel. If Vendor has fewer than 10 employees or this Agreement is for less than $100,000, this section does not apply. Vendor acknowledges that in accordance with Chapter 2271 of the Texas Government Code,the City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1)does not boycott Israel;and(2)will not boycott Israel during the term of the contract. The terms"boycott Israel" and"company"has the meanings ascribed to those terms in Section 2271 of the Texas Government Code. By signing this Agreement,Vendor certifies that Vendor's signature provides written verification to the City that Vendor: (1) does not boycott Israel; and (2)will not boycott Israel during the term of the Agreement. 30. Prohibition on Boycotting Energy Companies. Vendor acknowledges that, in accordance with Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2, the City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more that is to be paid wholly or partly from public funds of the City with a company with 10 or more full-time employees unless the contract contains a written verification from the company that it: (1) does not boycott energy companies; and(2)will not boycott energy companies during the term of the contract. The terms "boycott energy company"and"company"have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code,as added by Acts 2021, 87th Leg.,R.S., S.B. 13, §2. To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement,Vendor certifies that Vendor's signature provides written verification to the City that Vendor: (1) does not boycott energy companies; and(2)will not boycott energy companies during the term of this Agreement. 31. Prohibition on Discrimination Against Firearm and Ammunition Industries. Vendor acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government Code,as added by Acts 2021, 87th Leg.,R.S., S.B. 19, § 1,the City is prohibited from entering into a contract for goods or services that has a value of$100,000 or more that is to be paid wholly or partly from public funds of the City with a company with 10 or more full-time employees unless the contract contains a written verification from the company that it: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate during the term of the contract against a firearm entity or firearm trade association. The terms "discriminate," "firearm entity" and "firearm trade association" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg.,R.S., S.B. 19, § 1. To the extent that Chapter 2274 of the Government Code is applicable to this Agreement,by signing this Agreement,Vendor certifies that Vendor's signature provides written verification to the City that Vendor:(1)does not have a practice,policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and(2) will not discriminate against a firearm entity or firearm trade association during the term of this Agreement. 32. Electronic Signatures. This Agreement may be executed by electronic signature, which will be considered as an original signature for all purposes and have the same force and effect as an original signature.For these purposes,"electronic signature"means electronically scanned and transmitted versions (e.g.via pdf file or facsimile transmission)of an original signature,or signatures electronically inserted via Vendor Services Agreement Industrial Power,LLC Page 10 of 22 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 Industrial Power,LLC Page 11 of 22 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 Dana surando 5c responsible for the monitoring and administration of By: Dana Burghdoff ov 2,2022 09:49 CDT) this contract, including ensuring all performance and Name: Dana Burghdoff reporting requirements. Title: Assistant City Manager Shuror(0[t 18,2 122 08:46 CDT) APPROVAL RECOMMENDED: By: Alan H. Name: Alan Shuror ,4 fl. SGur� {vim Sf�ve-Cke- Title: Assistant Director,General Services By: Alan H.Shuror for Steve Cooke rOct 24,202217:57 CDT) Property Management Department Name: Steve Cooke Title: Director,Property Management Department p.p�vnU�Il� APPROVED AS TO FORM AND LEGALITY: a a�000 IF O oo— " aadd ATTEST: Moo `°s►4o dvo =A C pd�*1% By: r aaa�nEXa°Agb�Q Name: Christopher Austria 47GI�1�12tt2 cl C7000t��G Title: Assistant City Attorney By: JannetteS.Goodall(Nov3,202210:00CDT) Name: Jannette S.Goodall CONTRACT AUTHORIZATION• Title: City Secretary M&C•22-0302 . VENDOR: Industrial Power,LLC OFFICIAL RECORD IIFII�A CITY SECRETARY By: Name: Bailey Bible g F T. WORTH, T Title: Municipal Account Manager Vendor Services Agreement Industrial Power,LLC Page 12 of 22 City Secretary Contract No. EXHIBIT A SCOPE OF SERVICES 1.0 GENERAL REQUIREMENTS 1.1 Vendor shall provide Auto Body Collision service and repairs to City-owned vehicles and equipment Over 1 Ton and Under 1 Ton. 1.2 Vendor is required to maintain a facility within the Dallas Fort Worth area or a 50-mile radius of Fort Worth City Hall,200 Texas St,Fort Worth, TX. 76102. 1.3 Vendor shall respond to a work order within 24 hours. 1.4 Vendor shall deliver completed vehicles to the Fleet Service Center,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. 1.5 Vendor's body repair technicians and Subcontractors working on City vehicles shall maintain an Inter-Industry Conference on Automotive Collision Repair(I-CAR) or other manufactures certification in medium and heavy-duty repairs. 1.6 Vendors'technicians of medium and heavy-duty repair shall have experience and knowledge in the inter working of diesel drivetrains. 1.7 Vendor agrees,during the performance of the work,to comply with all applicable codes and ordinances,and maintain licenses,permits, and insurance of the appropriate local,state and/or federal laws as they may apply, as these laws may now read or as they may hereafter be changed or amended during the term of this contract. 1.8 Vendor shall furnish for each facility that will perform services: insurance,permits, licenses, labor,personnel,service, supervision,management,reports, documentation, material, supplies,tools,equipment,towing,surcharges,transportation and all other costs associated with this contract necessary to provide the highest quality of vehicle auto body and collision repair services. 2.0 REPAIR SERVICES 2.1 Vendor shall perform diagnostic/evaluation services. 2.2 Vendor shall perform body work service and repairs. 2.3 Vendor shall perform paint services. 2.4 Vendor shall perform mechanical services. 2.5 Vendor shall provide paint and material which shall not exceed two-thirds of cost of paint and material. Miscellaneous expenses shall be factored into paint and material costs. 2.6 Vendor's Environmental fees(oil,transmission fluid,antifreeze,and tire disposal)shall not exceed$50.00 per invoice. Vendor Services Agreement Page 13 of 22 2.7 Vendor shall obtain City approval and authorization in writing to sublet any work. Vendor shall submit a quote with the estimated costs of sublet work that must be performed.The City will pay for sublet items. 2.8 Vendor shall charge Manufacturer's List Price for Parts. 2.1.1 Vendors shall have an onsite anchoring industry recognized frame/structure multi-post pulling post/frame repair machine.Machine shall have the ability for multiple angle pulls. Frame machine is required to produce printable before and after measurements to certify straightening, repair, or replacement items are returned to manufacturer specifications (OEM)and pre-accident condition.Before and after measurement prints shall be provided with the final invoice. 2.1.2 Vendors shall provide access to alignments either by in-shop industry recognized equipment,or acceptable use of a subcontract Vendors for alignment service.Before and after alignment specifications are required to be printed before and after the measurement. This is to verify the vehicle is back to pre-accident condition and meets manufacture specifications(OEM).Copy of measurements are required to be sent with final invoice. 4.9.1 Vendors shall make sure the vehicle computer systems and airbag triggers are disconnected prior to any welding performed. 4.9.2 Vendors shall be responsible for total replacement of the vehicles on-board computers and airbag components damaged due to negligence,by not disconnecting appropriate systems required by the manufacturer and associated repair process before performing welding. 4.13.1 Vendors shall complete all mechanical services and repairs, including but not limited to: front and rear suspension,drive train components,air bags,anti-lock brakes,emission and other sensors,steering columns,lights,computer controls and associated wiring,engines, transmissions, final drives, extension slides, hydraulic components, steering motors,that require replacement as indicated on the original written estimate and/or supplement be completed by the awarded Vendors(s)or authorized subcontractor. 4.13.2 Vendors shall return all vehicles to pre-accident condition and meet or exceed manufacturer specifications(OEM). 4.14.1 Vendor shall provide all rework in a timely fashion at no additional cost to the City. All installations, fabrications and rework shall be subject to the City's quality control inspection process. 4.15.1 During the course of repair,Vendors shall contact the City's Fleet Supervisor or Assistant Director for re-inspection and approval. If additional damages are found that were not included in the original estimate. 4.16 Collision Repairs: 4.16.1 Vendors shall guarantee and demonstrate that all structural repairs performed meet or exceed manufacturer(OEM)and/or I-CAR repair specifications. 4.16.2 Vendors shall utilize modem, well-maintained tools which meet manufacturer specified use or I-CAR specified use. Vendor Services Agreement Industrial Power,LLC Page 14 of 22 4.16.3 Vendors shall be required to have all frame replacements approved in writing by PMD Acquisition and assigned PMD Fleet Director. 4.17.1 Vendors shall follow the directions in the use of Original Manufacturer Equipment(OEM), aftermarket(CAPA certified),or recycled parts either from parts Vendors or City supplied for replacement or repair.For each repair,the Vendors(s)shall provide an invoice listing OEM, CAPA certified aftermarket parts, recycled parts purchased or listed as received from the City of Fort Worth for the assigned vehicle. 4.17.3 Vendors shall keep all the old parts from the damaged vehicle(s)until an inspection from the City of Fort Worth representative and/or City independent appraiser has been completed and satisfied. Once final inspection is complete, the parts can be disposed of properly by Vendors following all local, state, and federal regulations. The City always reserves the right to acquire any part removed from the vehicle being repaired.The ability to recycle is always recommended by the City as appropriate. Vendors shall not charge the City of Fort Worth for storage of vehicles. 4.18 Location of Accident Vehicle/Transport: 4.18.1 The City will be responsible for all cost to transport the accident vehicle(s)to the Vendors' facility for repair. 4.18.2 The City has the option to deliver or pick-up vehicles as determined. 4.19 Vehicle Turn-Around Timeframe: 4.19.1 Vendor, upon authorization to proceed and receipt of the vehicle, shall repair respective vehicle within the time frame denoted in the written appraisal estimation provided by City of Fort Worth representative or authorized City of Fort Worth representative(independent consultant/appraiser).Request for additional time shall be approved by City of Fort Worth representative and/or authorized City of Fort Worth representative (independent consultant/appraiser). CITY RESPONSIBLITIES 4.24.1 The City of Fort Worth reserves the right to determine final repair steps and methodology which meets or exceeds established industry standards. 4.25.2 The City of Fort Worth reserves the right to visit the Vendors'facility at any time after an award has been made for facility and repair inspection on any City of Fort Worth vehicle. 4.19.2 City of Fort Worth reserves the right to secure services from a secondary Vendors if the awarded Vendors is unable to meet the City of Fort Worth required turn-around time for the repair/restoration services or if the Vendors has four(4)or more vehicles not completed after the specified time frame.Time frame is defined by 3.5 labor hours/day(based on 5- day work week) repair time frame. Subcontract Vendors usage; glass replacement; and repair supplements are allowable time extensions. For time delays or extensions, the Vendors(s)will contact City the of Fort Worth's representative or authorized appraiser for additional approval. Vendor Services Agreement Industrial Power,LLC Page 15 of 22 4.20 Glass Removal and Installation: 4.20.1 Vendors shall use OEM or I-CAR defined glass removal and install procedures. Glass service is allowed by the repair facility or through subcontract glass Vendors. Glass urethanes shall meet or exceed manufacturer specifications.Glass shall also meet or exceed OEM safety and integrity. OEM or aftermarket glass which meets or exceeds OEM specifications will be acceptable. 4.21 Completed Vehicle: 4.21.1 Vendor shall contact the City of Fort Worth authorized inspector/appraiser or authorized City of Fort Worth representative for final inspection on completed vehicle(s)repairs prior to delivery back to the City of Fort Worth.The authorized representative shall inspect the body repairs from the approved estimate and photographs. The invoice shall match the approved estimate. 4.21.2 Vendor's invoices and all other documents associated with the repair shall be signed by the authorized representative as a receipt of approval.If the work is unacceptable,Vendors are required to make corrections in the timeframe required by authorized representative at no additional cost to the City. 4.21.3 Vendors are responsible for the transport from their facility at no cost to the City of Fort Worth to the Fleet Service Center listed in Section 5.0.Rework or corrective repairs will be defined by the City of Fort Worth as a priority repair. 4.21.4 Vendors shall provide an appropriately licensed driver based on the GVW of the vehicle being returned. 4.22 Status of Repair Reports: 4.22.1 Vendors shall submit a weekly repair status report to the authorized City of Fort Worth representative with the vehicle number,date received,and a detailed status of each vehicle number and the estimated completion date.Also listed should be any items on hold or other delays which need to be made to the attention of the City of Fort Worth representative. 4.23 Vehicle Security: 4.23.1 Vendors'facility shall have an indoor or outdoor secure locked parking lot with a security monitoring system. 4.23.2 Vendors are responsible for the security of all City of Fort Worth vehicles while in their possession. 4.23.3 City of Fort Worth reserves the right to assign an independent appraiser to give an estimate for damage that occurred to vehicle while in possession of Vendors. No work shall be authorized without a claim number for accident involved vehicles. 4.26 Warranty: 4.26.1 Vendors(s)shall provide a written warranty as follows: 4.26.1.1 Auto Body&Collision Parts and Labor—(5)years from the completion of the repair Vendor Services Agreement Industrial Power,LLC Page 16 of 22 4.26.1.2 Auto Body&Collision Paint—(5)years from the completion of the repair 4.26.1.3 Mechanical&Electrical Parts and Labor-Minimum of one(1)year from the completion of repair 4.26.2 The effective warranty date shall be the date final acceptance of the repaired vehicle by City of Fort Worth.Warranty does not cover normal wear and tear items. 5.0 COMPLETED VEHICLE RETURN LOCATIONS 5.1 Vendors shall provide auto body collision repair services to vehicles towed by the City from the following locations listed below. Mobile assets may be serviced anywhere in the City: 5.1.1 FLEET SERVICE CENTERS BRENNAN BODY JAMES AVE NORTH SERVICE WATER SERVICE SOUTHSIDE SHOP SERVICE CENTER CENTER CENTER SERVICE CENTER 2400 Brennan Ave 5021 James Ave 317 Hillshire Dr. 2222 W.Daggett Ave. 4100 Columbus Trail Fort Worth,TX 76106 Fort Worth,TX 76115 Fort Worth,TX 76052 Fort Worth,TX 76104 Fort Worth,TX 76133 5.2 Vendors shall deliver completed vehicle,at no cost to the City,to the Fleet Service Center identified on the quote. 6.0 RESPONSE TIMES 6.1 Vendors shall respond to written correspondence within 24 hours. 6.2 Vendors shall deliver completed vehicles to the Fleet Service Center,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. 6.3 After hours shall be considered from Friday at 9:31 pm through Monday at 6:59 am. 7.0 INVENTORY OF ASSETS 7.1 Assets that may need auto body collision repair services,include, but are not limited to,the inventory listed below in Section 7.1.1 and 7.1.2: 7.1.1 Vehicles and Equipment-Over 1 Ton Up to 3,000 on-road and 1,600 off-road vehicles and equipment including,but not limited to,the: Types of Equipment Manufacturers OVER 1 TON Dump Trucks International Heavy-Duty Trailers Freightliner Bucket Trucks Kenworth Off Road Equipment Sterling Transfer Trucks John Deere Motor Homes Kubota Fuel Trucks Ford Water Tankers Container Trucks Vendor Services Agreement Industrial Power,LLC Page 17 of 22 and other related types of equipment over 1 ton and other related manufacturers over 1 ton 7.1.2 Vehicles and Equipment-Under 1 Ton Up to 3,000 on-road vehicles and equipment including trailers,but not limited to,the following manufacturers: Types of Vehicles&Equipment 7 Manufacturers UNDER 1 TON Domestic and/or Foreign vehicles Ford Trailers&equipment GM Dodge Nissan and other related types of equipment under 1 ton and other related manufacturers under 1 ton 8.0 ORDERED SERVICES 8.1 The City shall issue a Purchase Order(PO)establishing the equipment number,location,schedule,and fee to be paid to the Vendors for each service request to be completed by Vendors.Vendors shall perform the Services in accordance with each PO issued by the City. The City may issue an amended a PO to address any changes in the work to be performed after a PO has been issued. 9.0 PARTS 9.1 All parts utilized on collision repairs,on City assets shall be new unless otherwise requested by PMD Fleet personnel.Any rebuilt or remanufactured parts must be approved in writing by City PMD Fleet personnel prior to being utilized by a Vendors. 9.2 Vendors shall utilize new OEM parts which meet or exceed OEM specifications.The City may allow aftermarket,used OEM,rebuilt for remanufactured,or OEM new. 10.OESTIMATED QUANTITIES 10.1 Vendors shall send confirmation and a cost estimate to the Fleet Service Center Supervisor(s) or designee within 24 hours of receiving a list of equipment for inspection and testing. 10.2 Fleet Service Center Supervisors or designee will provide written authorization to proceed with the inspection and testing after evaluating the estimate.Vendors are not authorized to proceed with inspection,testing based on verbal authorizations and assumes all liability and responsibility for inspection,and testing performed based on such verbal authorizations. 10.3Vendors will be required to provide written estimates to Fleet Service Center Supervisors or designee personnel before the start of any work.The estimates may be emailed to the Fleet Service Center Supervisors or designee who requested the services to be completed. Estimates must be approved and authorized by City Fleet Service Center Supervisors or designee personnel in writing(email,fax or written)prior to work being performed.Original invoices submitted to the City for work performed cannot be greater than initial estimate provided unless approved by Fleet Service Center Supervisors or designee in writing. Vendor Services Agreement Industrial Power,LLC Page 18 of 22 10.4If during the course of the originally estimated repairs,it is noted that further repairs will be needed,a revised estimate must be prepared by Vendors for the additional work. 10.5 Estimates provided by vendors shall state `Warranty Service'if City vehicles or equipment will be serviced for warranty work. 10.6 All estimates provided by Vendors will be quoted on a`time and parts'basis,adherence to the agreed upon contract rates and itemized to illustrate the cost of each of the following,if applicable to the service or work performed:cost of part(s)to be installed,cost of labor to perform repair and/or installation,inspection,diagnostic fees;itemized by labor hours except when estimated as a turnkey project/job. Vendor Services Agreement Industrial Power,LLC Page 19 of 22 EXHIBIT B PAYMENT SCHEDULE Fohnr'4'4ouH. BID SOLICITATION Event ID Page Invited: PUBLIC EVENT DETAILS =w"-22-0029 V Event Round Version Submit To: City of Fort Worth 1 1 FINANCIAL MANAGEMENT SER'V110ES Event Name FINANCE-Purchasing iTa-nuts Eadv collision aeoairs for Vehicles 200 Texas St(Lower Level,South) Start Time mish I ime Fort Worth TX 76102 12'091207.1 07:00:00 CST 01!nF12022 13-21..00 G^T United States Email: FhASPurchasingResponsesQfortworthteras.gov Line: 1 ri Descption: Qtv Unit UnitP ice Total Diagnostie'Evaluation Fee-for Vehicles and 455.00 EA Equipment Over 1 Ton 0.00 DAO Line Description: City Unit UnifPrice Total Hourly Labor Rate-8Ddy Laborfor Vehicles 3145-00 H: and Equipment Over 1 Ton '�Q_d 283,3fi4.�0 Line: 3 Description: Qtv Unit UnitPrice Total Hourly Labor Rate-Pain:Labor-?or Vehicles 2750.00 HR and Equipment Over 1 Ton qOj. D 24-7,77rJ.�0 Line. 4 Description: Qty Unit UnitPrice Total Mechanical-Hourly Labor Pate-'.`or 1302.00 H-7 Vehicles and Equipment Over.Ton 140.0'D 190,G80_D'0 Line: 5 Description: Qty Unit UnitPriae Total Paint&Material Hourly Labor Rate-Paint >74£+.00 HR Labor)for Vehicles and Equipment Over 1 Ton 48.00 83,952.00 Line' 5Description_ Qty Unit UnitPrioe Total Environmental Disposal Fees-foil, 700_C0 E.A. transmission fluid,antifreeze,and tire 5©.00 63,750.00 disposal).`or Vehicles and Equipment O•aer: Line• Description: Qtv Unit UnitPrice Total Diagnostirr'Evaluation Fee-for'Vehides and 503.00 EA Equipment Under 1 Ton 0_DO D.OD Line: 8 Description: Qty Unit UnitPrice Total Hourty Labor Rate-Body Labor for 4iehides 6874,00 EA. and Equipment Under I 7on '�Q_V3 6 u9,347.40 EXHIBIT B PAYMENT SCHEDULE Vendor Services Agreement Industrial Power,LLC Page 20 of 22 rO RT WO Rp _ - BID SOLICITATION Event ID Page Invited: EVENT DETAI S cv-*^1-22-0022 y Event Round Version Submit To: City of Fort Worth 1 3. FINANCIAL MANAGEMENT SERdICES Event Name FINANCE-Purchasing ixa-Auto 5adv Collision :eDa'- fpr vehi lee 200 Texas St(Lower Level,South) Start Time mrs rme Fort Worth TX 76102 12 1912027 07:00:00=7 o1,09'2022 12:2c:00 - United States Email FtOSPurchasingResponses@fort.vorthtexa-,.gov Line: 9 Description: Qtv Unit UnitPrice Total Hourly Labor Rate-Paint Labor-for Vehicles 3451.00 EA and Equipment Under'Ton 90.1 D S,0,935. 00 Line: 10 Description: city Unit UnitPrice Total Mechanical-Hourly Labor Pate-br 2t139.00 EA Vehicles and Equipment U nderl Ton 140_D0 369,480-00 Line: 11 Description: Qtv Unit UnkPrice Total Paint&Material Hourly Labor Pate-Paint 3175M EA Labor)for Vehicles and Equipment Under 1 Ton Line: 12 Description: Qtv Unit UnitPsice Total Environmental Disposal Fees.(oil, 7110.00 EA transmission fluid,antifreeze,and tire 50.00 35,000.00 disposal)for Vehicles and Equipment Under 1 Total Bid Amount: 2,288,216.00 A bid of"0"(zero)will be interpreted by he City as a no-charge(free)item and the City vdl not expect to pay for I at item.A bid of"no bid"or no response(space left blank)will be interpreted by the City that he Offerer does not wish to bid on that item.Be advised,a"no bid"or no response may be considered as non-responsf:a and may result in disqualification of the bid. Pars-Cost Plus(+)2§Yjoero=nt of 'Manufacturers Lis:Price'-for Vehicles and Equipment Over,Ton Sublet.Cost:15% percent of Total Sublet Invoice-for Vehicles and Equipment Over 1Ton Sublet,Cost+15% percent of Total Sublet Invoice-for Vehicles and Equipment Under 1Ton Pars-Cost Plus(+)25'�-peercent of 'Manufacturers List Price'-for Vehicles and Equipment Under'Ton Vendor Services Agreement Industrial Power,LLC Page 21 of 22 EXHIBIT D VERIFICATION OF SIGNATURE AUTHORITY INDUSTRIAL POWER LLC 712 N.BEACH ST FORT WORTH,TX 76111 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: Position: Signature 2. Name: Position: Signature 3. Name: Position: Signature Name: Signature of President/CEO Other Title: Date: Vendor Services Agreement Industrial Power,LLC Page 22 of 22 Official site of the City of Fort Worth,Texas � CITY COUNCIL AGENDA FO RTW0 RT_.H Create New From This M&C DATE: 4/26/2022 REFERENCE**M&C 22- LOG NAME: 13P22-0028 AUTO BODY COLLISION NO.: 0302 REPAIRS LSJ PMD CODE: P TYPE: CONSENT PUBLIC NO HEARING: SUBJECT. (ALL)Authorize a Purchase Agreement for Auto Body Collision Repairs with Industrial Power, LLC for an Annual Amount Up to $1,374,000.00 for the Property Management Department and Authorize Four Annual Renewal Options for the Same Annual Amount RECOMMENDATION: It is recommended that the City Council authorize a purchase agreement for auto body collision repairs with Industrial Power, LLC for an annual amount up to $1,374,000.00 for the Property Management Department and authorize four annual renewal options for the same annual amount. DISCUSSION: The Property Management Department approached the Purchasing Division to finalize an annual agreement for auto body collision repairs. The agreement will be utilized to maintain, repair and service City owned vehicles and equipment. In order to procure the service, staff issued Invitation to Bid (ITB) No. 22-0028. The ITB consisted of detailed specifications describing the contractor's responsibilities and requirements for repairing the vehicles and equipment. The ITB was advertised in the Fort Worth Star-Telegram for seven consecutive Wednesdays beginning on November 24, 2021, through January 5, 2022, and one response was received. An evaluation panel comprised of representatives of the Property Management Department reviewed and scored the submittals using the Best Value criteria which included: (a)Availability of resources with qualified personnel to perform services (b) Contractor's approach to provide services within the turn-around time list in section 11.10.2 (c) Experience working with government/similar size organization (d) Cost of service The individual scores were averaged for each of the criteria and the final scores are listed in the following table. Points for pricing is determined as follows: Bidder must receive at least 50\% or more of the total available points for technical criteria. !Bidders Evaluation Factors a bi c', d Total Score :Industrial Power, LLC 8.5 9.5 181 501 86 Staff recommends awarding a one-year agreement to Industrial Power, LLC based on best value criteria, in an annual amount up to $1,374,000.00 for Property Management Department and four annual renewal options for the same amount. No guarantee was made that a specific amount of these services will be purchased. Funding is budgeted in the Fleet Service Outside Rep & Maintenance account for the PM Fleet Parts & Fuel Inventory Department's Fleet& Equipment Service Fund. DIVERSITY AND INCLUSION (DVIN) -A waiver of the goal for Business Equity subcontracting requirement is approved by the DVIN-BE, in accordance with the Business Equity Ordinance, because the purchase of goods or services is from sources where subcontracting or supplier opportunities are negligible. AGREEMENT TERMS - Upon City Council approval, this agreement shall begin upon execution and expire one year from that date. RENEWAL TERMS -This agreement may be renewed for four additional one-year renewal periods. This action does not require specific City Council approval provided that the City Council has appropriated sufficient funds to satisfy the City's obligations during the renewal term. ADMINISTRATIVE CHANGE ORDERS - In addition, an administrative change order or increase may be made by the City Manager up to the amount allowed by relevant law and the Fort Worth City Code and does not require specific City Council approval. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that upon approval of the recommendation, funds are available in the current operating budget, as previously appropriated, in the Fleet& Equipment Sery Fund. Prior to an expenditure being incurred, the Property Management Department has the responsibility to validate the availability of funds. BQN\\ TO Fund i Department Account I Project I Program Activity Budget Reference# Amount ID ID Year ChartField 2 FROM Fund Department Account Project Program Activity Budget i Reference# Amount LID ID Year (Chartfield 2) Submitted for City Manager's Office by_ Reginald Zeno (8517) Dana Burghdoff (8018) Ori inatin De artment Head: Anthony Rousseau (8338) 9 9 P Steve Cooke (5134) Additional Information Contact: Cynthia Garcia (8525) LaKita Slack-Johnson (8314) ATTACHMENTS 13P22-0028 AUTO BODY COLLISION REPAIRS LSJ PMD funds availabilitypdf (CFW Internal) Approved-Waiver 22-0028.pdf (CFW Internal) Form 1295 Certificate 100874140.pdf (CFW Internal) Sams Industrial Power.pdf (CFW Internal)