Loading...
HomeMy WebLinkAboutContract 58787CSC No. 58787 FORT WORTH CITY OF FORT WORTH AGREEMENT This Agreement ("Agreement") is entered into by and between Southern Coast K9 Incorporated ("Vendor") and the City of Fort Worth, ("City"), a Texas home rule municipality. The Agreement between the parties includes the following documents which shall be construed in the order of precedence in which they are listed: 1. This Agreement; 2. Exhibit A — Vendor's Quote, Scope of Services, and Vendor's Terms and Conditions; 3. Exhibit B — Conflict of Interest Questionnaire. Exhibits A and B, which are attached hereto and incorporated herein, are made a part of this Agreement for all purposes. Vendor agrees to provide City with the services and goods included in Exhibit A pursuant to the terms and conditions of this Agreement, including all exhibits thereto. The Agreement shall become effective upon the signing of the Agreement by an Assistant City Manager of the City (the "Effective Date") and shall expire one (1) year after the Effective Date (the Expiration Date"), unless terminated earlier in accordance with the provisions of the Agreement or otherwise extended by the parties. The Agreement may be renewed for four (4) one- year renewal at City's option, each a "Renewal Term." City shall provide Vendor with written notice of its intent to renew at least thirty (30) days prior to the end of each term City shall pay Vendor in accordance with the fee schedule in Exhibit A and in accordance with the provisions of this Agreement. In no event will total payment made under this Agreement exceed Fifty Thousand Dollars ($50,000.00). Vendor shall not provide any additional items or services or bill for expenses incurred for City not specified by this Agreement unless City requests and approves in writing the additional costs for such services. City shall not be liable for any additional expenses of Vendor not specified by this Agreement unless City first approves such expenses in writing. Vendor agrees that City shall, until the expiration of three (3) years after final payment under this Agreement, or the final conclusion of any audit commenced during the said three years, have access to and the right to examine at reasonable times any directly pertinent books, documents, papers and records, including, but not limited to, all electronic records, of Vendor involving transactions relating to this Agreement at no additional cost to City. Vendor agrees that City shall have access during normal working hours to all necessary Vendor facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. City shall give Vendor reasonable advance notice of intended audits. OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX In compliance with Article 11 § 5 of the Texas Constitution, it is understood and agreed that all obligations of City hereunder are subject to the availability of funds. If such funds are not appropriated or become unavailable, City shall have the right to terminate the Agreement except for those portions of funds which have been appropriated prior to termination. Notices required pursuant to the provisions of this Agreement shall be conclusively determined to have been delivered when (1) hand -delivered to the other party, its agents, employees, servants or representatives, (2) delivered by facsimile with electronic confirmation of the transmission, or (3) received by the other party by United States Mail, registered, return receipt requested, addressed as follows: To CITY: City of Fort Worth Attn: Fernando Costa, Assistant City Manager 200 Texas Street Fort Worth, TX 76102-6314 Facsimile: (817) 392-8654 With copy to Fort Worth City Attorney's Office at same address To VENDOR: Southern Coast K9, Inc. Bill Heiser, President 690 Meta Lane New Smyrna Beach, FL 32168 Phone: 877-903-3647 The Agreement and the rights and obligations of the parties hereto shall be governed by, and construed in accordance with the laws of the United States and state of Texas, exclusive of conflicts of laws provisions. Venue for any suit brought under the Agreement shall be in a court of competent jurisdiction in Tarrant County, Texas. To the extent the Agreement is required to be governed by any state law other than Texas or venue in Tarrant County, City objects to such terms and any such terms are hereby deleted from the Agreement and shall have no force or effect. This Agreement may be executed by electronic signature, which will be considered 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 of an original signature or signatures electronically inserted via software such as Adobe Sign. [SIGNATURE PAGE FOLLOWS] The undersigned represents and warrants that he or she has the power and authority to execute this Agreement and bind the respective Vendor. [Executed effective as of the date signed by the Assistant City Manager below.] ACCEPTED AND AGREED: CITY OF FORT WORTH 5�4, c__ By: Name: Fernando Costa Title: Assistant City Manager Date: J an 30, 2023 APPROVAL RECOMMENDED: tr Z J : Robert Ilen ATdredge Jr. (Jan 30, 2023 07:39 CST) Name: Robert A. Alldredge Jr. Title: Executive Assistant Chief ATTEST: By. Name: Jannette Goodall Title: City Secretary b,�44U4Q� oo�FORT B00 o �A o�� 0 0000000 o0��d �o Pvo o=d pia* o rEo 000'p �naaaao SOUTHERN COAST K9 INCORPORATED By: j6k Name: Bill Heiser Title: President CONTRACT COMPLIANCE MANAGER: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. K� 7ee� By: Name: Keith Morris Title: Assistant Police Director APPROVED AS TO FORM AND LEGALITY: Bv. Name: Taylor Paris Title: Assistant City Attorney CONTRACT AUTHORIZATION: M&C: N/A Date Approved: Form 1295 Certification No.: N/A OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Exhibit A — Vendor's Quote, Scope of Services, and Vendor's Terms and Conditions; SOUTHERN 0�, COASTK9,0qw- -. INCKiRP-R-Too Name I Address Fort Worth Police Deparhnent Attn: S gi Charles Hubbard 505 W Fehx St Fort Worth, Texas 76115 Destriptlon trained Drug Detection K9 (Floppy) D Marijuana TERMS AND CONDITIONS OF SALE Making Your World Safer Proposal Date I Proposal# 12/1212022 P2022-005 L GENERAL - Bysigning Ua proposal, Buyer acknowledges and agrees to be bound bythe Terms and Conditions of Sale ("Tears and Conditions") with respect to the purchase of the canine identified on the proposal. The agreement maybe modified onlybya written amendment signedbyboth BnyerandSeller. 2. CANINE HEALTH WARRANTY - Canines are accompanied with a healhcertificate, hipx-rays ands one year guarantee on workabilityand skeletal health. If canine is returned within the warratrty hod for anyvalid warrantyreeson, tre canine mast be retained in the same condition as received. Upon approval bySeller, canine replacement of account credit wi➢be issued. Refunds will not be given. 3. TRANSFER OF LEGAL OWNERSHlF - Legal ownership of the canine shall transfer from Seller to Buyer upon Buyer or authorized representative taking possession ofcanine. 4. INDEMNIFICATION AND LIKTATION OF LIABILITY - Buyer understands that bylaking possession arOor ownership of the canine, Buyer assumes sole responsiblily for such caraw and releases and fullydiseharges Se➢erofanyliabuty that maybe incurred, except with regardto the ebove CANINE HEALTH WARRANTY. 5. PAYMENT TFRIAS - Net 30 Dasc from the date of the invoice. All payments are tabs made to Southein Coast K9, 690 Meta Late, New Smyma Beach, FL 321a. ACCEPTANCE OF BUYER: By(signatun,): Subtotal Nemeffitle (Please Printer Type):_ — Sales Tax (0.(%) $0.00 Dale: _�� Total $10,000.00 Exhibit S — Conflict of Interest Questionnaire CONFLICT OF INTEREST QUESTIONNAIRE FORM CIO For vendor doing business with local governmental entity This questionnaire reflects changes made to the law by H.S. 23, 84th Leg, Regular session. OFFICE t1SEONLY This questionnaire is being filed in accordance with Chapter 176, Local Government Code, Date P-ecelved by a vendor who has a business relationship as defined by Section 176.001(11,a) with a local governmental entity and the vendor meets requirements under Section 176.006(a). By lawthis questionnaire must be filed with the records administrator of the leoal governmental entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Government Code. A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code. An offense under thl s section is a misdemeanor. t Name of vendor who has a business relationship with local govern mental entity. 2 Check this box if you are firing an update to a previously filed questia naire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or Inaccurate.) 3 Name of local government oftic r i"ui whom the information in this section is being disclosed. l ((0tv- I _ES - Name of Officer This section (item 3 Including subparts A, % C, & D) must be completed for each officer with whom the vendor has an employment or other business relationship as defined by Section 176.001(1-a), Local Government Code. Attach addificnal pages to this Form CIQ as necessary. A. Is the local government officer named in this section receiving or 18cely to receive taxable income, other than investment Income, from the vendor? a Yes 7— B. Is the vendor receiving or likely to receive taxable income, other than Investment income, from or at the direction of the local government officer named In this section AND the taxable income Is not received from the local govemmental entity? Yes MN. C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership interest of one percent or more? El Yes F;2uo D. Describe each employment or business and family relationship with the local government officer named in this section. 01 S gmtwTo of vendor co n a wr� rdy Date Adopted 8/7/2015