HomeMy WebLinkAboutContract 58431 CSC No. 58431
FORT WORTH,,,,,,
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NON-EXCLUSIVE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
TRAINING COURSE SERVICES AGREEMENT
This NON-EXLUSIVE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
(TCEQ)TRAINING COURSE 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 TEXAS A&M ENGINEERING
EXTENSION SERVICE("Vendor"),a Texas education agency,acting by and through its duly authorized
representative, each individually referred to as a"party" and collectively referred to as the"parties."
WHEREAS through ITB No. 22-0199, the City solicited bids to award non-exclusive services
agreements to multiple bidders for TCEQ training courses on an as-needed basis in the City with an
aggregate amount of$90,000.00 for contracts awarded to the successful bidders;
WHEREAS,Vendor was one of the successful bidders awarded a contract to provide non-exclusive
TCEQ training course services to the City;
WHEREAS, City and Vendor wish to set out terms of Vendor's non-exclusive TCEQ training
course services.
NOW, THEREFORE, in consideration of the covenants and agreements contained in this
Agreement,City and Vendor hereby agree as follows:
1. Scope of Services. Vendor shall provide TCEQ training course services ("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 November 1, 2022 ("Effective Date") and expires on
October 31,2023 ("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. Vendor understands and agrees that the City will award non-exclusive
services agreements to multiple bidders for TCEQ training courses as outlined in City of Fort Worth Bid
Solicitation(ITB No.22-0199).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. Vendor further
understands that the aggregate amount of all contracts awarded to multiple vendors under ITB No.22-0199
shall not exceed NINETY THOUSAND DOLLARS AND 00/100 ($90,000) and the City makes no
promise or guarantee of the total amount of work that will be assigned to Vendor under this Agreement.
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
Non-Exclusive Vendor Services Agreement OFFICIAL RECORD
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FT. WORTH, TX
be liable for any additional expenses of Vendor not specified by this Agreement unless City first approves
such expenses in writing.
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.
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.
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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
relating to this Agreement at no additional cost to City. Vendor agrees that City will have access during
normal working hours to all necessary Vendor facilities and will be provided adequate and appropriate work
space in order to conduct audits in compliance with the provisions of this section. City will give Vendor
reasonable advance notice of intended audits.
7. Independent Contractor. It is expressly understood and agreed that Vendor will operate
as an independent contractor as to all rights and privileges and work performed under this Agreement, and
not as agent, representative or employee of City. Subject to and in accordance with the conditions and
provisions of this Agreement, Vendor will have the exclusive right to control the details of its operations
and activities and be solely responsible for the acts and omissions of its officers, agents, servants,
employees, Vendors, and subcontractors. Vendor acknowledges that the doctrine of respondeat superior
will not apply as between City,its officers,agents,servants and employees,and Vendor,its officers,agents,
employees, servants, contractors, and subcontractors. Vendor further agrees that nothing herein will be
construed as the creation of a partnership or joint enterprise between City and Vendor. It is further
understood that City will in no way be considered a Co-employer or a Joint employer of Vendor or any
officers, agents, servants, employees, contractors, or subcontractors. Neither Vendor, nor any officers,
agents, servants, employees, contractors, or subcontractors of Vendor will be entitled to any employment
benefits from City.Vendor will be responsible and liable for any and all payment and reporting of taxes on
behalf of itself, and any of its officers,agents, servants,employees, contractors, or contractors.
8. Liability and Indemnification.
8.1. LIABILITY- VENDOR WILL BE LIABLE AND RESPONSIBLE FOR ANY
AND ALL PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY,
INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER,
WHETHER REAL OR ASSERTED, TO THE EXTENT CAUSED BY THE NEGLIGENT
ACT(S) OR OMISSION(S), MALFEASANCE OR INTENTIONAL MISCONDUCT OF
VENDOR, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, OR
SUBCONTRACTORS.
8.2. GENERAL INDEMNIFICATION- VENDOR HEREBY COVENANTS AND
AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS,
AGENTS,SERVANTS AND EMPLOYEES,FROMAND AGAINST ANYAND ALL CLAIMS
OR LAWSUITS OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, FOR
EITHER PROPERTYDAMAGE OR LOSS(INCL UDINGALLEGED DAMAGE OR LOSS TO
VENDOR'S BUSINESS AND ANY RESULTING LOST PROFITS) AND/OR PERSONAL
INJURY, 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
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will have the right to conduct the defense of any such claim or action and all negotiations for
its settlement or compromise and to settle or compromise any such claim; however, City will
have the right to fully participate in any and all such settlement, negotiations, or lawsuit as
necessary to protect City's interest,and City agrees to cooperate with Vendor in doing so.In
the event City, for whatever reason, assumes the responsibility for payment of costs and
expenses for any claim or action brought against City for infringement arising under this
Agreement, City will have the sole right to conduct the defense of any such claim or action
and all negotiations for its settlement or compromise and to settle or compromise any such
claim; however,Vendor will fully participate and cooperate with City in defense of such claim
or action. City agrees to give Vendor timely written notice of any such claim or action,with
copies of all papers City may receive relating thereto. Notwithstanding the foregoing, City's
assumption of payment of costs or expenses will not eliminate Vendor's duty to indemnify
City under this Agreement. If the software and/or documentation or any part thereof is held
to infringe and the use thereof is enjoined or restrained or, if as a result of a settlement or
compromise,such use is materially adversely restricted,Vendor will, at its own expense and
as City's sole remedy, either: (a) procure for City the right to continue to use the software
and/or documentation; or (b) modify the software and/or documentation to make it non-
infringing, provided that such modification does not materially adversely affect City's
authorized use of the software and/or documentation; or (c) replace the software and/or
documentation with equally suitable,compatible,and functionally equivalent non-infringing
software and/or documentation at no additional charge to City; or(d)if none of the foregoing
alternatives is reasonably available to Vendor terminate this Agreement, and refund all
amounts paid to Vendor by City,subsequent to which termination City may seek any and all
remedies available to City under law.
9. Assignment and Subcontracting.
9.1. Assignment, Vendor will not assign or subcontract any of its duties, obligations
or rights under this Agreement without the prior written consent of City. If City grants consent to
an assignment, the assignee will execute a written agreement with City and Vendor under which
the assignee agrees to be bound by the duties and obligations of Vendor under this Agreement.
Vendor will be liable for all obligations of Vendor under this Agreement prior to the effective date
of the assignment.
9.2. Subcontract. If City grants consent to a subcontract,the subcontractor will execute
a written agreement with Vendor referencing this Agreement under which subcontractor agrees to
be bound by the duties and obligations of Vendor under this Agreement as such duties and
obligations may apply. Vendor must provide City with a fully executed copy of any such
subcontract.
10. Insurance. Vendor must provide City with certificate(s) of insurance documenting
policies of the following types and minimum coverage limits that are to be in effect prior to commencement
of any Services pursuant to this Agreement:
10.1. Coverage and Limits
(a) Commercial General Liability:
$1,000,000—Each Occurrence
$2,000,000—Aggregate
(b) Automobile Liability:
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$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):❑ Applicable ❑N/A
$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,official, agents,and volunteers in respect to
the contracted services.
(b) The workers' compensation policy must include a Waiver of Subrogation
(Right of Recovery)in favor of City.
(c) A minimum of Thirty (30) days' notice of cancellation or reduction in
limits of coverage must be provided to City. Ten (10) days' notice will be
acceptable in the event of non-payment of premium. Notice must be sent to the
Risk Manager, City of Fort Worth, 200 Texas Street, Fort Worth, Texas 76102,
with copies to the Fort Worth City Attorney at the same address.
(d) The insurers for all policies must be licensed and/or approved to do
business in the State of Texas.All insurers must have a minimum rating of A-VII
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.
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(e) Any failure on the part of the City to request required insurance
documentation will not constitute a waiver of the insurance requirement.
(f) Certification 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-DISCRINIINATION 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 Texas A&M Engineering Extension Service
Attn: Assistant City Manager Attn: Tracy Foster,Associate Agency
200 Texas Street Director/Chief Financial Officer(CFO)
Fort Worth,TX 76102-6314 200 Technology Way
Facsimile: (817)392-8654 College Station,TX 77845
Facsimile:N/A
With copy to Fort Worth City Attorney's Office at
same address
14. Solicitation of Employees. Neither City nor Vendor will, during the term of this
Agreement and additionally for a period of one year after its termination,solicit for employment or employ,
whether as employee or independent contractor,any person who is or has been employed by the other during
the term of this Agreement,without the prior written consent of the person's employer.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.
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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.
21. 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.
22. 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.
23. Amendments /Modifications/Extensions. No amendment, modification, or extension
of this Agreement will be binding upon a party hereto unless set forth in a written instrument, which is
executed by an authorized representative of each party.
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24. 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.
25. 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.
26. 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 (1-9). Upon request by City, Vendor will provide City with copies of all I-9 forms and
supporting eligibility documentation for each employee who performs work under this Agreement. Vendor
must adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no
services will be performed by any Vendor employee who is not 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.
27. 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.
28. 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.
29. Change in Company Name or Ownership. Vendor must notify City's Purchasing
Manager, in writing, of a company name, ownership, or address change for the purpose of maintaining
updated City records.The president of Vendor or authorized official must sign the letter.A letter indicating
changes in a company name or ownership must be accompanied with supporting legal documentation such
as an updated W-9, documents filed with the state indicating such change, copy of the board of director's
resolution approving the action, or an executed merger or acquisition agreement. Failure to provide the
specified documentation so may adversely impact future invoice payments.
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30. 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.
31. Prohibition on Boycotting Energy Companies.Vendor acknowledges that in accordance
with Chapter 2274 of the Texas Government Code,as added by Acts 2021, 87'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 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, 87d'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 within 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.
32. Prohibition on Discrimination Aeainst 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, 87a'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.
33. Electronic Signatures This Agreement may be executed by electronic signature, which
will be considered as an original signature for all purposes and have the same force and effect as an original
signature.For these purposes,"electronic signature"means electronically scanned and transmitted versions
(e.g.via pdf file or facsimile transmission)of an original signature,or signatures electronically inserted via
software such as Adobe Sign.
34. Entirety of Agreement This Agreement contains the entire understanding and agreement
between City and Vendor,their assigns and successors in interest, as to the matters contained herein. Any
prior or contemporaneous oral or written agreement is hereby declared null and void to the extent in conflict
with any provision of this Agreement.
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Texas A&M Engineering Extension Service(TEEX)
IN WITNESS WHEREOF,the parties hereto have executed this Agreement in multiples.
CITY OF FORT WORTH:
CONTRACT COMPLIANCE MANAGER:
By signing 1 acknowledge that 1 am the person
Dana BaWL421± responsible for the monitoring and administh'ation of
By: Dana Burghdoff(gov10,202214:33CST) this contract,including ensuring all performance and
Name: Dana Burghdoff
reporting requirements,
Title: Assistant City Manager
Date: ,20_ By; ��
Name: Pal Je t ilson
APPROVAL RECOMMENDED: Title; Contra, etvices Adtnin,
i APPROVED AS TO FORM AND LEGALITY:
By: Christopher Harder(Nov 8,202214:23CST)
Name: Christopher Harder,P.E. onn
Title: Water Dept.Director -0FFORr as
ado GpA� By: D@lack(Nov 10,202209:52 CST)
ogo o=d Name: Doug Black
ATTEST: od °«d Title: Assistant City Attorney
aaQIl nEoAaa4p
CONTRACT
I .7a�r�r2tt2 Goo�'a�G [N A] AUTHORIZATION:
M&C:
By: Jannette S.Goodall(Nov 10,202216:16 CST) Form 1295:[N/A ]
Name: Jannette S.Goodall
Title: City Secretary
I
a
VENDOR:
[INSE TN olr+ /ENTITY] OFFICIAL RECORD
Na CITY SECRETARY
Name Tt•ac Oster
Title: Associate Agency Director/Chief Financial
Officer(CFO) FT. WORTH TX
Date:
I
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Texas A&M Engineering Extension Service(TEEX)
EXHIBIT A
SCOPE OF SERVICES
1.0 SCOPE
1.1 Water Utility Department shall utilize this agreement for the purchase of in-person,
instructor-led occupational license training courses as required by the Texas Commission
on Environmental Quality (TCEQ) for the Water Utility Department on an "as needed"
basis.
1.2 The quantities listed on this agreement are only estimates based on previous usage and do
not indicate intent to purchase or a guarantee of future business. The City is obligated to
pay for only those services actually ordered by an authorized City employee and then
received as required and accepted by the City.
1.3 Unit prices shall include all costs associated with the specified work, including but not
limited to handling, fuel charges, fees and certification fees. NO ADDITIONAL
CHARGES WILL BE ACCEPTED OR PAID BY THE CITY.
1.4 Any specifications/requirements 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.
2.0 VENDOR REQUIREMENTS
2.1 Vendor shall have and operate a full-time, permanent business address with the ability to
be reached by email or telephone twenty-four(24)hours a day, seven(7)days a week.
3.0 DEFINITIONS
3.1 ContractorNendor—The awarded company per this agreement to perform specified work
contained herein.
3.2 Department Contract Manager — City of Fort Worth employee assigned to manage the
compliance,oversight,and/or administration of the contract or project for their department
of employment.
3.3 Designee—a City of Fort Worth employee assigned by the Department Contract Manager
to assist with the compliance, oversight and/or administration of the contract or project.
3.4 Approved training—training which provides the knowledge and skills necessary to perform
occupational job tasks,as well as,to obtain or renew a license as determined by the TCEQ.
3.5 License — an occupational license issued by the commission to a person authorizing the
person to engage in an activity covered by Title 30,Texas Administrative Code(TAC 30)
Chapter 30, Subchapter A.
3.6 Qualified instructor—an individual who has instructional experience,work-related
experience,and subject matter expertise that enables the individual to communicate course
information in a relevant, informed manner and to answer students' questions.
3.7 Training provider — an administrative entity or individual responsible for obtaining
approval of training, providing acceptable delivery of approved training, ensuring that
qualified instructors or subject matter experts are utilized in the delivery, support, and
development of training and monitoring,recording and reporting attendance accurately and
promptly as required by the TCEQ.
4.0 VENDOR RESPONSIBILITIES
4.1 The Vendor shall—
4.1.1 Coordinate courses with a single point of contact for City of Fort Worth—Water
Utility Division
4.1.1.1 Primary: Edward J. Williams
Training and Development Coordinator
Fort Worth Water/Management Services
Edward.williamsgfortworthtexas. og_v
(817)392-2425
4.1.1.2 Secondary: Shane Zondor
Workforce Initiatives Manager
Fort Worth Water/Management Services
Shane.zondor@fortworthtexas.gov
(817)392-7814
4.1.1.3 The contractor will be notified within 15 days of any change to the single
point of contact,to include name, email address,and phone number of the
new contact.
4.1.2 Coordinate with the City of Fort Worth Water Department to produce an annual
(calendar year)training schedule.
4.1.3 Provide all training materials, instructors, proctors and sample materials needed
for execution of the course.
4.1.4 Provide the City of Fort Worth, upon request:
4.1.4.1 A detailed description of the training course outline.
4.1.4.2 Detailed listing of all materials and equipment supplied by the contractor.
4.1.4.3 Any information or supplies that are needed from the City of Fort Worth.
4.1.5 Submit a new instructors' credentials for review and acceptance to the point of
contact within the City of Fort Worth—Water Utility Division. The new instructor
shall be on the Contractor's list of instructors a minimum of 15 days prior to a
scheduled training where they are the lead instructor.
Non-Exclusive Vendor Services Agreement
Texas A&M Engineering Extension Service(TEEX) 13 of 24
4.1.6 Provide training courses if there are a minimum 10 participants registered one
week prior to the course start date.
4.1.6.1 Training courses with fewer than 10 participants registered one week
prior to class start date will be canceled.
4.1.6.2 The City of Foil Worth—Water Utility Division will coordinate with the
Vendor to confirm course cancellations.
4.1.7 Provide the City of Fort Worth—Water Utility Division with copies of training
records, including but not limited to:
4.1.7.1 Daily sign-in sheets including all of the City of Fort Worth training
participants in attendance.
4.1.7.2 Examination results.
4.1.7.3 Written evaluations for each course an instructor teaches. Evaluations
shall include the quality of the course, content, and instructor
performance.
4.1.8 Record and report successful training completion accurately and promptly
following the Training Roster Online Submittal (TROLS) procedures found in the
TCEQ Regulatory Guidance Publication(RG-373).
4.1.9 Provide students successfully completing a course of training with a completion
certificate.
4.1.9.1 The certificate must contain at a minimum:
4.1.9.1.1 The training provider's name and the TCEQ provider code.
4.1.9.1.2 The course name and the TCEQ course code.
4.1.9.1.3 The student's name and license number or identification
number.
4.1.9.1.4 The hours completed by the student.
4.1.9.1.5 The instructor's name.
4.1.9.1.6 The date of completion of the course, and;
4.1.9.1.7 The city where the course was held.
5.0 CERTIFICATION AND LICENSING REQUIREMENTS
5.1 The training and training materials must be TCEQ approved, in accordance with Title 30,
Texas Administrative Code(30 TAC) Chapter 30, Subchapter A,with the exception of
training materials for the courses listed: Confined Space Entry Safety,Excavation Safety,
Hazardous Materials Awareness for First Responders,and Hazardous Operations.
5.2 All training personnel must be licensed to provide training in accordance with the applicable
laws and regulations of the State where the in-person training is conducted and must provide
TCEQ Instructor Qualification Review letters for each instructor.
5.3 Qualified instructors must be approved by TCEQ for the training classes they instruct.
6.0 COURSES REQUIRED
6.1 Training courses required include the following primary courses:
6.1.1 Primary
6.1.1.1 Basic Wastewater Operations(TCEQ Course 0059)(20 hours)
6.1.1.2 Wastewater Collection(TCEQ Course 0080)(20 hours)
6.1.1.3 Basic Waterworks Operation(TCEQ Course 0092)(20 hours)
6.1.1.4 Water Utility Calculations(TCEQ Course 0 10 8)(20 hours)
6.1.1.5 Chlorinator Maintenance(TCEQ Course 0124)(20 hours)
6.1.1.6 Water Laboratory(TCEQ Course 0285)(20 hours)
6.1.1.7 Pump and Motor Maintenance(TCEQ Course 0396)(20 hours)
6.1.1.8 Water Utility Safety(TCEQ Course 0426)(20 hours)
6.1.1.9 Wastewater Treatment(TCEQ Course 0437)(20 hours)
6.1.1.10 Water Distribution(TCEQ Course 0605)(20 hours)
6.1.1.11 Surface Water Production I(TCEQ Course 0942)(24 hours)
6.1.1.12 Surface Water Production II(TCEQ Course 0954) (20 hours)
6.1.1.13 Valve and Hydrant Maintenance(TCEQ Course 0961) (20 hours)
7.0 ADDITIONAL COURSES REQUESTED
7.1 Additional training courses requested include,but are not limited to the following secondary
courses:
7.1.1 Secondary
7.1.1.1 Operation of Activated Sludge Plants(TCEQ Course 0009) (20 hours)
7.1.1.2 Anaerobic Digestion(TCEQ Course 0036)(20 hours)
7.1.1.3 Wastewater Laboratory(TCEQ Course 0081)(20 hours)
7.1.1.4 Customer Service Inspection(TCEQ Course 0173)(10 hours)
7.1.1.5 Groundwater Production(TCEQ Course 0223)(20 hours)
7.1.1.6 Water Utility Management(TCEQ Course 0550)(20 hours)
7.1.1.7 Customer Service Inspection&Cross Connection Control(TCEQ Course
0606)(16 hours)
7.1.1.8 Backflow Prevention Assembly Tester(TCEQ Course 1200)(40 hours)
7.1.1.9 Confined Space Entry Safety(4 hours)
7.1.1.10 Excavation Safety(8 hours)
7.1.1.11 Hazardous Materials Awareness for First Responders(8 hours)
7.1.1.12 Hazardous Waste Operations(40 hours)
Non-Exclusive Vendor Services Agreement
Texas A&M Engineering Extension Service(TEEX) 15 of 24
8.0 PERFORMANCE OF SERVICES
8.1 Contractor shall perform services during hours of 8:00 a.m.through 5:30 p.m.,Monday
through Friday,unless otherwise requested by the Department Contract Manager or Designee.
8.2 Contractor shall not perform services on City observed holidays:
8.2.1 New Year's Day
8.2.2 Martin Luther King, Jr. Day
8.2.3 Memorial Day
8.2.4 Juneteenth
8.2.5 Independence Day
8.2.6 Labor Day
8.2.7 Thanksgiving Day
8.2.8 Day After Thanksgiving
8.2.9 Christmas Day
8.3 Service date shall be confirmed or canceled with the Department Point of Contact or Designee
on the Purchase Order a minimum of seven business days prior to the services being rendered.
8.4 If the original instructor is unable to conduct the scheduled training,the Contractor shall
schedule another qualified instructor to lead the training.
8.5 Training classes will be held in-person at one of the City of Fort Worth Water Utility facilities
listed below:
8.5.1 Field Operations—South Holly Water Treatment Plant—Training Room
1500 1Ith Avenue Fort Worth,Texas 76120
8.5.2 Plant Operations—Village Creek Water Reclamation Facility—Training Room
4500 Wilma Lane Arlington,Texas 76012
8.5.3 Plant Operations—Westside Water Treatment Plant—Training Room
12200 Old Weatherford Road Aledo,Texas 76008
8.5.4 Plant Operations—Rolling Hills Water Treatment Plant—Training Room
2500 SE Loop 820 Fort Worth,Texas 76140
9.0 CITY REQUIREMENTS
9.1 The City will be responsible for site requirements including classroom configuration,
projection equipment,white boards,markers, etc.,and will coordinate with Vendor to
determine what they will bring and any additional supplies City will need to provide
9.2 The City will work with Vendor a minimum of four(4)weeks prior to the scheduled training
dates and will supply the following information:
9.2.1 The title and course number of the requested training.
9.2.2 The requested training date,with at least one alternate date.
9.2.3 The location where training will be held.
9.2.4 A point of contact, including name, email, and phone number, for the day of
training.
9.2.5 The number and names of participants.
Non-Exclusive Vendor Services Agreement
Texas A&M Engineering Extension Service(TEEX) 17 of 24
FORTWORTHu. Exhibit B
REVISED BID SOLICITATION
14.2.2
Event ID Page Invited: PUBLIC EVENT DETAILS
CFW01-22-0199 3
Event Round Version Submit To: City of Fort Worth
1 2 FINANCIAL MANAGEMENT SERVICES
Event Name FINANCE-Purchasing
ITB TCEQ Training Courses 200 Texas St. (Lower Level, South)
Start Time Finish Time Fort Worth TX 76102
08 09 2022 08:00:00 CDT 09 01 2022 13:30:00 CDT United States
Email: FMSPurchasingResponses@fortworthtexas.gov
Line: 1
Description: Qty Unit UnitPrice Total
On-site,Instructor led,Basic Wastewater 1.00 EA
Operations Course for 10-12 City Employees
6500.00 6500.00
Line: 2
Description: Qty Unit UnitPrice Total
On-site,Instructor led,Basic Wastewater 1.00 EA
Operations Course for up to 20 City Employees 7400.00
7400.00
Line: 3
Description: Qty Unit UnitPrice Total
On-site, Instructor led,Wastewater Collection 1.00 EA
Course for 10-12 City Employees 6400.00 6400.00
Line: 4
Description: Qty Unit UnitPrice Total
On-site,Instructor led,Wastewater Collection 1.00 EA
Course for up to 20 City Employees 7200.00 7200.00
Line: 5
Description: Qty Unit UnitPrice Total
On-site, Instructor led,Basic Waterworks 1.00 EA
Operation Course for 10-12 City Employees
6300.00 6300.00
Line: 6
Description: Qty Unit UnitPrice Total
On-site,Instructor led,Basic Waterworks 1.00 EA
Operation Course for up to 20 City Employees
7100.00 7100.00
Line: 7
Description: Qty Unit UnitPrice Total
On-site, Instructor led,Water Utility Calculations 1.00 EA
Course for 10-12 City Employees 6200.00 6200.00
Line: 8
Description: Qty Unit UnitPrice Total
On-site,Instructor led,Water Utility Calculations 1.00 EA
Course for up to 20 City Employees
6900.00 6900.00
Line: 9
Description: Qty Unit UnitPrice Total
On-site,Instructor led,Chlorinator Maintenance 1.00 EA
Course for 10-12 City Employees
6300.00 6300.00
Line: 10
Description: Qty Unit UnitPrice Total
On-site,Instructor led,Chlorinator Maintenance 1.00 EA
Course for up to 20 City Employees
7100.00 7100.00
ITB 22-0199
TCEQ Training Courses
Page 3 of 34
FORT WORTH.
REVISED BID SOLICITATION
Event ID Page Invited: PUBLIC EVENT DETAILS
CFW01-22-0199 4
Event Round Version Submit To: City of Fort Worth
1 2 FINANCIAL MANAGEMENT SERVICES
Event Name FINANCE-Purchasing
ITB TCEQ Training Courses 200 Texas St. (Lower Level, South)
Start Time Finish Time Fort Worth TX 76102
08 09 2022 08:00:00 CDT 09 01 2022 13:30:00 CDT United States
Email: FMSPurchasingResponses@fortworthtexas.gov
Line: 11
Description: Qty Unit UnitPrice Total
On-site, Instructor led,Water Laboratory 1.00 EA
Course for 10-12 City Employees 6400.00 6400.00
Line: 12
Description: Qty Unit UnitPrice Total
On-site,Instructor led,Water Laboratory 1.00 EA
Course for up to 20 City Employees
7300.00 7300.00
Line: 13
Description: City Unit UnitPrice Total
On-site,Instructor led,Pump and Motor 1.00 EA
Maintenance Course for 10-12 City Employees
6400.00 6400.00
Line: 14
Description: Qty Unit UnitPrice Total
On-site,Instructor led,Pump and Motor 1.00 EA
Maintenance Course for up to 20 City Employees 7300.00 7300.00
Line: 15
Description: Qty Unit UnitPrice Total
On-site,Instructor led,Water Utility Safety 1.00 EA
Course for 10-12 City Employees
6400.00 6400.00
Line: 16
Description: Qty Unit UnitPrice Total
On-site,Instructor led,Water Utility Safety 1.00 EA
Course for up to 20 City Employees
7200.00 7200.00
Line: 17
Description: Qty Unit UnitPrice Total
On-site, Instructor led,Wastewater Treatment 1.00 EA
Course for 10-12 City Employees
6600.00 6600.00
Line: 18
Description: Qty Unit UnitPrice Total
On-site,Instructor led,Wastewater Treatment 1.00 EA
Course for up to 20 City Employees 7600.00
7600.00
Line: 19
Description: City Unit UnitPrice Total
On-site,Instructor led,Water Distribution 1.00 EA
Course for 10-12 City Employees 6500.00 6500.00
Line: 20
Description: Qty Unit UnitPrice Total
On-site,Instructor led,Water Distribution 1.00 EA
Course for up to 20 City Employees
7400.00 7400.00
ITI3 22-0199
TCEQ Training Courses
Page 4 of 34
FORT WORTH,
REVISED BID SOLICITATION
Event ID Page Invited: PUBLIC EVENT DETAILS
CFW01-22-0199 5
Event Round Version Submit To: City of Fort Worth
1 2 FINANCIAL MANAGEMENT SERVICES
Event Name FINANCE-Purchasing
ITB TCEQ Training Courses 200 Texas St. (Lower Level, South)
Start Time Finish Time Fort Worth TX 76102
08 09 2022 08:00:00 CDT 09 01 2022 13:30:00 CDT United States
Email: FMSPurchasingResponses@fortworthtexas.gov
Line: 21
Description: City Unit UnitPrice Total
On-site,Instructor led,Surface Water 1.00 EA
Production I Course for 10-12 City Employees
6800.00 6800.00
Line: 22
Description: Qty Unit UnitPrice Total
On-site,Instructor led,Surface Water 1.00 EA
Production I Course for up to 20 City Employees
7900.00 7900.00
Line: 23
Description: Qty Unit UnitPrice Total
On-site, Instructor led,Surface Water 1.00 EA
Production II Course for 10-12 City Employees 6400.00
6400.00
Line: 24
Description: Qty Unit UnitPrice Total
On-site,Instructor led,Surface Water Production II 1.00 EA
Course for up to 20 City Employees 7200.00 7200.00
Line: 25
Description: Qty Unit UnitPrice Total
On-site,Instructor led,Valve and Hydrant 1.00 EA
Maintenance Course for 10-12 City Employees 6300.00 6300.00
Line: 26
Description: Qty Unit UnitPrice Total
On-site,Instructor led,Valve and Hydrant 1.00 EA
Maintenance Course for up to 20 City Employees 7100.00
7100.00
Line: 27
Description: Qtv Unit UnitPrice Total
On-site,Instructor led,Operation of Activated 1.00 EA
Sludge Plants Course for 10-12 City Employees 6500.00 6500.00
Line: 28
Description:P City Unit UnitPrice Total
On-site,Instructor led,Operation of Activated 1.00 EA
Sludge Plants Course for up to 20 City Employees 7500.00
7500.00
Line: 29
Description: Qty Unit UnitPrice Total
On-site,Instructor led,Anaerobic Digestion 1.00 EA
Course for 10-12 City Employees 6500.00
6500.00
Line: 30
Description: Qty Unit UnitPrice Total
On-site,Instructor led,Anaerobic Digestion 1.00 EA
Course for up to 20 City Employees
7500.00 7500.00
ITB 22-0199
TCEQ Training Courses
Page 5 of 34
FORT WORTH.,
REVISED BID SOLICITATION
Event ID Page Invited: PUBLIC EVENT DETAILS
CFWO1-22-0199 6
Event Round Version Submit To: City of Fort Worth
1 2 FINANCIAL MANAGEMENT SERVICES
Event Name FINANCE-Purchasing
ITB TCEQ Training Courses 200 Texas St. (Lower Level,South)
Start Time Finish Time Fort Worth TX 76102
08 09 2022 08:00:00 CDT 09 01 2022 13:30:00 CDT United States
Email: FMSPurchasingResponses@fortworthtexas.gov
Line: 31
Description: City Unit UnitPrice Total
On-site,Instructor led,Wastewater Laboratory 1.00 EA
Course for 10-12 City Employees 6400.00 6400.00
Line: 32
Description: City Unit UnitPrice Total
On-site,Instructor led,Wastewater Laboratory 1.00 EA
Course for up to 20 City Employees 7200.00
7200.00
Line: 33
Description: City Unit UnitPrice Total
On-site,Instructor led,Customer Service 1.00 EA
Inspection Course for 10-12 City Employees 5300.00 5300.00
Line: 34
Description: City Unit UnitPrice Total
On-site,Instructor led,Customer Service 1.00 EA
Inspection Course for up to 20 City Employees 6000.00 6000.00
Line: 35
Description: City Unit UnitPrice Total
On-site,Instructor led,Groundwater Production 1.00 EA
Course for 10-12 City Employees
6800.00 6800.00
Line: 36
Description: City Unit UnitPrice Total
On-site,Instructor led,Groundwater Production 1.00 EA
Course for up to 20 City Employees 7800.00 7800.00
Line: 37
Description: City Unit UnitPrice Total
On-site,Instructor led,Water Utility 1.00 EA
Management Course for 10-12 City Employees 6300.00
6300.00
Line: 38
Description: City Unit UnitPrice Total
On-site,Instructor led,Water Utility Management 1.00 EA
Course for up to 20 City Employees 7100.00 7100.00
Line: 39
Description: City Unit UnitPrice Total
On-site,Instructor led,Customer Service Inspection&Cross 1.00 EA
Connection Control Course for 10-12 City Employees 5300.00
5300.00
Line: 40
Description: City Unit UnitPrice Total
On-site,Instructor led,Customer Service Inspection&Cross 1.00 EA
Connection Control Course for up to 20 City Employees 6000.00 6000.00
ITB 22-0199
TCEQ Training Courses
Page 6 of 34
FORT WORT1j.
REVISED BID SOLICITATION
Event ID Page Invited: PUBLIC EVENT DETAILS
CFW01-22-0199 7
Event Round Version Submit To: City of Fort Worth
1 2 FINANCIAL MANAGEMENT SERVICES
Event Name FINANCE-Purchasing
ITB TCEQ Training Courses 200 Texas St. (Lower Level, South)
Start Time Finish Time Fort Worth TX 76102
08 09 2022 08:00:00 CDT 09 01 2022 13:30:00 CDT United States
Email: FMSPurchasingResponses@fortworthtexas.gov
Line: 41
Description: Qty Unit UnitPrice Total
On-site,Instructor led,Backflow Prevention Assembly 1.00 EA
Tester Course for 10-12 City Employees
10100.00 10100.00
Line: 42
Description: Qty Unit UnitPrice Total
On-site,Instructor led,Backflow Prevention Assembly 1.00 EA
Tester Course for up to 20 City Employees 11900.00 11900.00
Line: 43
Description: Qty Unit UnitPrice Total
On-site,Instructor led,Confined Space Entry 1.00 EA
Safety Course for 10-12 City Employees
2100.00 2100.00
Line: 44
Description: Qty Unit UnitPrice Total
On-site,Instructor led,Confined Space Entry 1.00 EA
Safety Course for up to 20 City Employees 2400.00 2400.00
Line: 45
Description: Qty Unit UnitPrice Total
On-site, Instructor led,Excavation Safety 1.00 EA
Course for 10-12 City Employees 2200.00 2200.00
Line: 46
Description: Qty Unit UnitPrice Total
On-site,Instructor led,Excavation Safety 1.00 EA
Course for up to 20 City Employees
2500.00 2500.00
Line: 47
Description: Qty Unit UnitPrice Total
On-site, Instructor led,Hazardous Materials Awareness 1.00 EA
for First Responders Course for 10-12 City Employees No Bid
No Bid
Line: 48
Description: Qty Unit UnitPrice Total
On-site,Instructor led,Hazardous Materials Awareness 1.00 EA
for First Responders Course for up to 20 City No Bid
Employees No Bid
ITB 22-0199
TCEQ Training Courses
Page 7 of 34
FORT WORTH,
REVISED BID SOLICITATION
Event ID Page Invited: PUBLIC EVENT DETAILS
CFWO1-22-0199 8
Event Round Version Submit To: City of Fort Worth
1 2 FINANCIAL MANAGEMENT SERVICES
Event Name FINANCE-Purchasing
ITB TCEQ Training Courses 200 Texas St. (Lower Level,South)
Start Time Finish Time Fort Worth TX 76102
08 09 2022 08:00:00 CDT 09 01 2022 13:30:00 CDT United States
Email: FMSPurchasingResponses@fortworthtexas.gov
Line: 49
Description: Qtv Unit UnitPrice Total
On-site, Instructor led,Hazardous Waste 1.00 EA
Operations Course for 10-12 City Employees No Bid
No Bid
Line: 50
Description: Qtv Unit UnitPrice Total
On-site,Instructor led,Hazardous Waste 1.00 EA
Operations Course for up to 20 City Employees
No Bid No Bid
Total Bid Amount: 301600.00
A bid of"0"will be interpreted by the City as a no-charge(free)item and the City will not expect to pay for that item.A bid of
.,no bid"or no response(space left blank)will be interpreted by the City that the Offeror does not wish to bid on that item.Be
advised,a"no bid"or no response may be considered as non-responsive and may result in disqualification of this bid.
ITB 22-0199
TCEO Training Courses
Page 8 of 34
TEEX Contract t127-102407
Miscellaneous Provisions:
Indemnification: Customer agrees to indemnify and hold harmless TEEX from any-claim,.damage, liability,expense or
•loss-to•the•extent arising out•of Customer's negligent orwillful errors or omissions under this Agreement.
tl f 31 nn
Alternative Dispute Resolution: The dispute resolution process provided In Chapter 2260, Texas Government Code, all I`
the related rules adopted by the Texas Attorney General pursuant to Chapter 2260, shall be used by the Customer and
TEEX to attempt to resolve any claim for breach of contract made by the Customer that cannot be resolved in the ordinary
course of business, The Customer shall submit written notice of a claim of breach of contract under this Chapter to the
Deputy Director of TEEX,who shall examine the Customer's claim and any counterclaim and negotiate with the Customer
in an effort to resolve the claim.
Mandatory Venue: Pursuant to Section 85,18, Texas Education Code,venue for any suit filed against TEEX shall be in the
county in which the primary office of the chief executive officer of TEEX Is located.
Loss of Funding: Performance by TEEX under the Agreement may be dependent upon the appropriation and allotment of
funds from federally-funded programs and/or by the Texas State Legislature(the"Legislature"), In the event a curtailment
of federally-funded programs occurs, or in the event state appropriations are unavailable, then TEEX will issue written
notice to the Customer and TEEX may terminate the Agreement without further duty or obligation hereunder. Tile
Customer acknowledges that appropriation of funds is beyond the control of TEEX.
Non-Waiver: The Customer expressly acknowledges TEEX is an agency of the State of Texas and nothing in the Agreement
will be construed as a waiver or relinquishment by TEEX of its right to claim such exemptions, privileges, and immunities
as may be provided by law.
Confidentiality: Customer acknowledges that TEEX is obligated to strictly comply with the Public Information Act,Chapter
552, Texas Government Code,in responding to any request for public information pertaining to this Agreement.
Independent Contractor: The parties are independent contractors,and neither party is or shall be deemed to be an agent,
partner, or joint venturer of the other.This Agreement does not establish a partnership,joint venture,joint enterprise,or
similar relationship. Customer is liable for its own debts, obligations, acts, and omissions, including the payment of all
required withholding, Social Security and other taxes or benefits of its employees. Neither party may enter into any
agreement on behalf of the other. Furthermore, neither party may make any statements on behalf of the other party or
attribute statements to the other party.
Representations and Warranties: If Customer is a corporation or a limited liability company, Customer warrants,
represents,covenants and agrees that it is duly organized,validly existing and in good standing under the laws of the state
of its Incorporation or organization and is duly authorized and in good standing to conduct business in the State of Texas,
that it has all necessary power and has received all necessary approvals to execute and deliver the Agreement, and the
individual executing the Agreement on behalf of Customer has been duly authorized to act for and bind Customer,
use of Purchase Orders: To the degree that either or both of the parties hereto find it convenient to employ their standard
forms of purchase order or acknowledgment of order in administering the terms of this Agreement, it or they may do so
but none of the terms and conditions printed or otherwise appearing on such form shall be applicable except to the extent
that it specifies information required to be furnished by either party hereunder, The terms proposed by any such form are
specifically objected to and shall not be used as a basis for any contract.
Force Majeure: Neither art will be in breach of its obligations under this Agreement other than payment i party g g ( p y nt obligations)
or incur any liability to the other party for any losses or damages of any nature whatsoever Incurred or suffered by that
other party if and to the extent that it is prevented from carrying out those obligations by,or such losses or damages are
caused by, a Force Majeure, except to the extent that the relevant breach of its obligations would have occurred, or the
relevant losses or damages would have arisen, even if the Force Majeure had not occurred. Force Majeure is defined as:
(1)acts of God; (2)war;(3)act(s)of terrorism;(4)fires;(5)explosions;(6)natural disasters, to include without limitation,
hurricanes,floods,and tornadoes;(7)failure of transportation;(8)strike(s);(9)loss or shortage of transportation facilities;
TEEX CS-8 OGG APPROVED May 2021
Page 2 of 3
TEEX Contract 1127-102407
(10)lockout,or commandeering of materials, products,plants or facilities by the government or other order(both federal
and state);(11)interruptions by government or court orders(both federal and state);(12)present and future orders of any
regulatory body having proper jurisdiction; (13) civil disturbances, to include without limitation, riots, rebellions, and
insurrections;(14)epidemic(s),pandemic(s),or other national,state,or regional emergency(ies);and(15)any other cause
not enumerated in this provision,but which is beyond the reasonable control of the party whose performance is affected
and which by the exercise of all reasonable due diligence,such party is unable to overcome.Such excuse frorn performance
will be effective only to the extent and duration of the Force Majeure event(s)causing the failure or delay in performance
and provided that the affected party has not caused such Force Majeure event(s) to occur and continues to use diligent,
good faith efforts to avoid the effects of such Force Majeure event(s)and to perform the obligation(s).Written notice of a
party's failure or delay in performance due to Force Majeure must be given within a reasonable time after its occurrence
and which notice must describe the Force Majeure event(s) and the actions taken to minimize the impact of such Force
Majeure event(s). Notwithstanding the foregoing, a party's financial inability to perform Its obligations shall in no event
constitute a Force Majeure.
Entire Agreement: This Addendum and the Customer's Contract Form constitute the entire Agreement between the
parties and may not be waived or modified except by a written agreement signed by the parties.
Savings Clause: If a court of competent jurisdiction finds any provision of this Addendum and the Customer's Contract
Form illegal,ineffective or beyond contractual authority of either party,then the offending provision will be stricken and
the remainder of the agreement between the parties will remain in effect.
Prohibition on Contracts with Companies Boycotting Israel: To the extent that Texas Government Code, Chapter 2270
applies to this Agreement,the Customer certifies it does not and will not,during the performance of this contract, boycott
Israel. Customer acknowledges this Agreement may be terminated if this certification is inaccurate.
Certification Regarding Business with Certain Countries and Organizations:. Pursuant to Subchapter F, Chapter 2252,
Texas Government Code, Customer certifies it is not engaged in business with Iran, Sudan, or a foreign terrorist
organization.Customer acknowledges this Agreement may be terminated if this certification is inaccurate,
Prohibition On Contracts Related To Persons Involved In Human Trafficking; Under Section 2155.0061,Texas Government
Code, the vendor certifies that the individual or business entity named in this contract is not ineligible to receive the
specified contract and acknowledges that this contract may be terminated and payment withheld if this certification is
inaccurate.
Conflict of Interest: By executing this Agreement, Customer and each person signing on behalf of Customer certifies, and
In the case of a sole proprietorship,partnership or corporation,each party thereto certifies as to its own organization,that
to the best of their knowledge and belief,no member of The A&M System or The A&M Systern Board of Regents, nor any
employee,or person,whose salary Is payable in whole or in part by The A&M System,has direct or indirect financial interest
in the award of this Agreement,or in the services to which this Agreement relates,or in any of the profits,real or potential,
thereof.
To the extent the language in this Addendum is in conflict with any language in the Customer's Contract Form, the
language in this Addendum will control,
IN WITNESS WHEREOF, the parties have caused this Addendum to be duly executed, intending thereby to be legally
bound.
For the C st er: Texas A& Engi eFing Ex on ery ce:
By: O By:
y.
Name: Q 1 V( I�U Name: Tracy Foster
`I ',� Associate Agency Director/Chief Financial
Title: 0 W 1�� 1 VW�- Officer
Date: tr O �/ Date: I Arg" /
TEEX CS-8 OGC APPROVED May 2021
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