HomeMy WebLinkAboutContract 59471CSC No. 59471
FORT WORTH
CITY OF FORT WORTH
PURCHASE AGREEMENT BASED UPON AN INTERLOCAL AGREEMENT BETWEEN
THE CITY OF FORT WORTH AND EASY ICE, LLC
WHEREAS Section 271.102 of the Texas Local Government Code allows Local Governments to pursue
mutually beneficial and cooperative purchasing programs;
WHEREAS, pursuant to Chapter 791 of the Texas Government Code and Subchapter F, Chapter 271 of
the Texas Local Government Code, the City of Fort Worth (City), a Texas home -rule municipality and
City of Houston have entered into an Interlocal Cooperative Purchasing Agreement on April 14, 2023
which provides that when the one of the Local Government Entities enters into a contract with a Vendor
for goods and services, the other Local Government is able to enter into a Purchase Agreement with the
Vendor under the same terms and conditions offered to the Original Local Government Entity so long as
the Vendor is agreeable. Copy Attached as Exhibit A; and
WHEREAS Easy Ice, LLC (Vendor) and City of Houston (Name of other Entity) entered into a Purchase
Agreement on May 25, 2022 for lease of ice machines and combination ice machine and water dispensers
and this Agreement allows other Local Governmental Entities to enter into a Purchase Agreement with
Vendor under the same terms and conditions. (Copy attached as Exhibit B).
NOW THEREFORE, City and Vendor each of which will individually be referred to as a "Party" and
collectively as the "Parties entered into this Purchase Agreement by and between Easy Ice, LLC
("Vendor") and the City of Fort Worth, ("City"'),
The Parties agree that any references to the City of Houston in Exhibit B shall be construed as the City of
Fort Worth for the purposes of this Agreement and all rights, benefits, duties, and obligations shall inure
to the City as if the contract in Exhibit B were originally executed between the City and Vendor. This
shall specifically include any requirements imposed on Vendor by virtue of a City of Houston BID S 19-
L30011 included in Exhibit B.
The Agreement includes the following documents which shall be construed in the order of precedence in
which they are listed:
1. Exhibit A — Agreement between the City of Fort Worth and City of Houston;
2. Exhibit B — Contract between the City of Houston and Vendor for Lease of Ice
Machines and Combination Ice Machines/Water Dispensers identified as Contract No.
4600017063;
3. Exhibit C — Vendor's Pricing;
4. Exhibit D — Conflict of Interest Questionnaire.
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Exhibits A, B, C, and D 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
B pursuant to the terms and conditions of this Cooperative Purchase Agreement, including all exhibits
thereto. In the event of a conflict between Exhibit B and this Agreement or Exhibit A, then this Agreement
and Exhibit A shall control.
City shall pay Vendor in accordance with the fee schedule in Exhibit C and in accordance with the
provisions of this Agreement. Total payment made under this Agreement for the first year by City shall
be in the amount of one hundred thousand Dollars ($100,000.00). 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.
The term of this Agreement shall be for one year beginning on May 16, 2023 and ending on May
24, 2025. City shall be able to renew this agreement for 2 one-year renewal options by written agreement
of the parties- (Must be allowed under the original agreement.)
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 documents and records of Vendor
involving transactions relating to this Agreement. Vendor agrees that City shall have access during normal
working hours to all necessary Vendor facilities subject to Vendor's reasonable rules and regulations while
at Vendor's facilities, and shall be provided adequate and appropriate workspace in order to conduct audits
in compliance with the provisions of this section. City shall give Vendor reasonable advance notice of
intended audits, and all such audits shall be conducted on regular business days during Vendor's regular
business hours in a manner that will not unreasonably interfere with Vendor's operations at its facilities.
City's auditors shall present proper credentials to the manager of Vendor's facility at the time that they
are admitted to such.
This Agreement shall 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
shall lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern
District of Texas, Fort Worth Division.
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: Dana Burghdoff, Assistant City Manager
200 Texas Street
Fort Worth, TX 76102-6314
Facsimile: (817) 392-8654
To VENDOR:
Easy Ice, LLC.
Travis Rieken, National Accounts Development
Executive
925 W. Washington St, Suite 100
Marquette, MI 49855
With copy to Fort Worth City Attorney's Office at
same address Facsimile: 906-273-2320
[SIGNATURES FOLLOW]
The undersigned represents and warrants that he or she has the power and authority to execute this
Agreement and bind the respective Vendor.
CITY OF FORT WORTH:
Dana BUY-aHdoff
By: Dana Burghdoff (Ma 4, 2023 13:33 CDT)
Name: Dana Burghdoff_
Title: Assistant City Manager
Date: May 24, 2023
APPROVAL RECOMMENDED:
C&ik� HArder
By: Christopher Ffarder(May22, 202315:16 CDT)
Name: Chris Harder
Title: Water Director
4.0440pnn�
G FOR?A�.Id
ATTEST: o
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oo
By: /Ut�14bATR ocA A .mac Q>*c s
Name: Jannette Goodall
Title: City Secretary
"1 D1►1ZIT.�
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.
By:
Name: Shatabya Bergland
Title: Contract Compliance Specialist
APPROVED AS TO FORM AND LEGALITY:
By:
Name: Jeremy Anato Mensah
Title: Assistant City Attorney
CONTRACT AUTHORIZATION:
M&C: N/A
Easy Ice, LLC ATTEST:
Nvcti Yoctttt
Name: Travis Rieken By: Nancy Yo Y[(May 19.202312:31 CDn
Title: National Accounts Development Name: Nancy Yount
Executive Title: Divisional Sates Mgr.
Date: 05/19/23
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Puchasing Cooperative- Easy Ice
Final Audit Report 2023-05-19
Created: 2023-05-19
By: Travis Rieken (trieken@easyice.com)
Status: Signed
Transaction ID: CBJCHBCAABAA2pWrutukRVs1Me9bA360y2hG5lxVfPdr
"Puchasing Cooperative- Easy Ice" History
,j Document created by Travis Rieken (trieken@easyice.com)
2023-05-19 - 5:26:05 PM GMT- IP address: 24.73.12.87
Document emailed to Nancy Yount (nyount@easyice.com) for signature
2023-05-19 - 5:29:32 PM GMT
3 Email viewed by Nancy Yount (nyount@easyice.com)
2023-05-19 - 5:31:01 PM GMT- IP address: 104.47.58.254
6o Document e-signed by Nancy Yount (nyount@easyice.com)
Signature Date: 2023-05-19 - 5:31:37 PM GMT - Time Source: server- IP address: 4.59.31.250
O Agreement completed.
2023-05-19 - 5:31:37 PM GMT
Q Adobe Acrobat Sign
Exhibit A
Notice to Add Party to
Interlocal Purchasing Agreement, as amended
Dated October 27, 2011
Contract No. C74231
1, Pursuant to Section 17 of the Original Agreement between the City and METRO, City of Fort Worth,
a home rule municipality under the laws of the State of Texas, ("Fort Worth") desires to be added as a party
to the Original Agreement, as may be amended from time to time, to allow its procurement unit to purchase
materials and services using contracts between all of the parties to the Original Agreement and its applicable
contracted vendors.
2. City of Fort Worth represents that it has the authority to enter into and become a party to the Original
Agreement, as amended.
3. City of Forth Worth shall comply with all of the terms and conditions of the Original Agreement, as
amended.
4. The designated representative for the City of Fort Worth shall be Jo Ann Gunn Chief Procurement
Officer.
5. Pursuant to Section 13 of the Original Agreement, all notices for the City of Fort Worth shall be
given to: Purchasing Division 200 Texas Street, Fort Worth, Texas 76102.
This notice becomes effective upon April 14, 2023 at which time the City of Fort Worth may begin purchasing
materials and services under the Original Agreement, as amended.
CITY OF HOUSTON
RESPONSIBLE OFFICER
-4,�
BYL—
Prin ed Name Je e f�� ;aA
METROPOLITAN TRANSIT AUTHORITY OF HARRIS COUNTY, TEXAS
RESPONSIBLE OFFICER
By: `, °
Printed Name: Michael Kyme
CITY OF FORT WORTH\
By: 7,- , ".a, .-
Printed Name: Jo Ann Gunn, Chief Procurement Officer
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(2,1423.1
INTERLOCAL PURCHASING AGREEMENT ae if - 0Lk5'7
This Interiocal Purchasing Agreement ("Agreement") entered into between the Metropolitan Transit
Authority of Harris County, ("METRO) and The City of Houston, a home rule municipality of the State of
Texas ("City"), collectively known as the "Parties", to permit procurement units of the Parties to purchase
materials and services using contracts between the City or METRO and applicable contracted vendors.
In consideration of the mutual promises contained in this Agreement, and of the mutual benefits to result
thereof, the Parties agree as follows:
1. DEFINITIONS
1.1 "Eligible Procurement Unit" means a department or official of a local government or political
subdivision of the State of Texas responsible for procuring materials and services for a Party.
1.2 "Procuring Party" means the Party who advertises for procurements of materials and services
following the State of Texas and local purchasing requirements for each Party.
1.3 "User Party" means the Purchasing Agent or Procurement Agent of a Party who purchases
materials and services from the Procuring Party's Vendor Contract.
1.4 "Vendor" means the successful bidder or proposer who contracts with the Procuring Party and
agrees, upon request of a User Party, to provide the same products and services at the same price.
1.5 "Vendor Contract" means the Purchase Agreement between the Procuring Party and the
successful bidder or proposer that meets the purchasing requirements for each Party.
2. AUTHORIZATION
Appropriate action by ordinance, resolution or otherwise pursuant to the laws applicable to each Party
shall be necessary before this Agreement becomes effective. The governing body of each Party shall
designate in writing a representative to conduct matters under this Agreement.
3. SCOPE OF SERVICES
3.1 The Parties may make available certain contracts with vendors and service providers (collectively
"Vendors") in which the Parties are able to mutually purchase materials and services in compliance with
each Party's applicable procurement statute ("Vendor Contracts"). This Agreement shall not apply to
procurements using grant or federal funds.
3.2 The Procuring Party may invite the Eligible Procurement Unit, by written notice, to participate in
any solicitation applicable under this Agreement, according to the procedure attached as Exhibit "A".
Specifications for the materials and services required will be determined jointly by the Parties before the
solicitation of a good or service.
3.3 All procurements shall be conducted in accordance with the applicable laws, rules and
regulations of the State of Texas for each Party. The Eligible Procurement Unit of a Party shall ensure that
its legal requirements are met and shall be responsible for any additional actions that may be necessary to
meet those requirements.
3.4 All Vendor Contracts shall include the terms and conditions requested by the Eligible
Procurement Unit pursuant to the procedure in the attached Exhibit "A".
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April 25, 2011
3.5.The Eligible Procurement Unit shall:
(A) issue a purchase order or execute a contract with the Vendor for the purchase of the goods
or service offered under the Vendor Contract; and
(B) Ensure that contracts and purchase orders issued against Vendor Contracts are consistent
with the terms and prices established in the Vendor Contracts and ensure the Vendor complies with
any provisions relating to the quality of items and terms of delivery; and
(C) Make timely payments to the Vendor for all materials and services received in accordance
with the terms and conditions of the Vendor Contract. Payment for materials or services and
inspection and acceptance of materials or services ordered by the Eligible Procurement Unit shall be
the exclusive obligation of such unit. Such payments shall be made from current funds available to
the Eligible Procurement Unit on or before the due date for payment of the invoice for the delivery of
any materials or services under the Vendor Contract; and
(D) Be responsible for ordering materials or services under the Vendor Contract pursuant to the
terms of this Agreement.
4. NEGOTIATION OF VENDOR CONTRACTS PROHIBITED
The Parties shall not use the Vendor Contracts as a method or tool to re -negotiate prices or services.
5. ADVERTISEMENT OF VENDOR CONTRACTS
The Parties shall not advertise or market the Vendor Contracts without the prior written consent of the
other Parties.
6. LIMITATION OF LIABILITY
NOTHING IN THIS AGREEMENT MAY BE CONSTRUED AS CREATING ANY PERSONAL
LIABILITY ON THE PART OF ANY OFFICER, DIRECTOR, EMPLOYEE OR AGENT OF ANY PUBLIC
BODY THAT MAY BE A PARTICIPANT TO THIS AGREEMENT AND THE PARTICIPANTS
EXPRESSLY AGREE THAT THE EXECUTION OF THIS AGREEMENT DOES NOT CREATE ANY
PERSONAL LIABILITY ON THE PART OF ANY OFFICER, DIRECTOR, EMPLOYEE OR AGENT OF
EITHER PARTICIPANT.
7. TERM
The term of this Agreement is one (1) year, commencing on the date this Agreement is finally
executed by all the required officials for each Party. Thereafter, this Agreement will automatically renew
for 20 successive one-year terms, unless a Party indicates in writing to the other Party its intent to
terminate this Agreement before the end of the then current term.
8. TERMINATION FOR CONVENIENCE
Either Party may terminate this Agreement for any reason with at least thirty (30) days written notice
to the other Party. In the event a Party terminates this Agreement, the remaining Party shall not be liable
for any costs or damages incurred by the Party as a result of such termination.
9. AMENDMENTS
This Agreement may be modified or amended only by a written Amendment signed by all Parties.
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April 25, 2011
ill. SEVERABILITY
If any provision of this Agreement is determined to be invalid or unenforceable for any reason, such
determination shall not affect any other term of this Agreement, which shall continue in full force and
effect.
11, ASSIGNMENT
This Agreement shall not be assigned or otherwise transferred to a third party without the prior written
consent of each Party.
12. JOINT VENTURE
The Parties agree and acknowledge that this Agreement does not create a joint venture, partnership,
or joint enterprise, and that each Party is not an agent of the other Party and that each Party is responsible
in accordance with the laws of the State of Texas for its own negligent or wrongful acts or omissions and
for those of its officers, agents or employees in conjunction with the performance of services covered
under this Agreement, without waiving any governmental immunity available to the Parties under Texas
law and without waiving any defenses of the Parties under Texas law. The provisions of this section are
solely for the benefit of the Parties and are not intended to create or grant any rights, contractual or
otherwise, to any other person or entity.
13. NOTICES
All notices or communications which are required or permitted herein shall be in writing and shall be
sufficient if delivered personally, sent by facsimile transmission, or sent by registered or certified mail,
postage prepaid, return receipt requested, to the parties at their address or facsimile numbers set forth
below, which may be changed by notice to the other party:
METRO: VP Procurement and Materials or his/her designee
1900 Main Street
Houston, Texas
City: City of Houston Purchasing Agent or his/her designee
Strategic Purchasing Division (SPA)
901 Bagby, Ste. 13113 (Concourse Level)
Houston, TX 77002
14. FUNDING OBLIGATION
All Parties acknowledge neither Party has allocated or appropriated any funds under this Agreement.
All funding obligations shall be addressed in any subsequent purchase order or contract relating to the
Vendor Contract issued by a Party pursuant to this Agreement.
15. APPLICABLE LAWS
Venue and jurisdiction of any lawsuit, or cause of action arising under or in connection with this
Agreement, shall lie exclusively in Harris County, Texas.
16. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between the Parties hereto and supersedes any
prior understandings whether oral or written respecting the subject matter. Any amendment to this
Agreement must be in writing, signed by all parties and accomplished in accordance with the modification
requirements of the respective Parties.
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April 25, 2011
IN TESTIMONY OF WHICH, this Agreement, in duplicate originals, each having equal force has been
executed on behalf of the parties hereto as follows, to wit:
It has on the 16thday of JUNE , 2011, been executed on behalf of METRO by
its President and Chief Executive Officer and attested by its Assistant Secretary,
pursuant to the Resolution of its Board of Directors authorizing such execution.
It has on the day of , 2011, been executed on behalf of City by its
Mayor and attested by its City Secretary, pursuant to the ordinance of its City Council
authorizing such execution.
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April 25, 2011
CITY OF HOUSTON
A 5EAL: CITY OF HOUSTON
By
oA-A�
City Secretary Mayor
APPROVED:
city Purchasing Agent,
APPROVED AS FORM:
Assistant Cit
L.D. File No.. 71100080001
a
ERSIGNED:
City Controller X7�
DATE COUNTERSIGNED:
METRO OL AN RAN T AUTHORITY OF HARRIS COUNTY, TEXAS
By:
Georg s G 'eanias
President and Chi Executive Officer
Executed fc- and o�AIM?�b&tropolitan Transit Authority pursuant to Resolution N(2(1).0„�_7 the
Board of Diractw* on y of JiTNE 2011, and on file in the office of Assistant Secretary
of METRO. s ' y
A'
.SUN 16 2011
A
Alva revino
Genera sel
Law )3
Susan Bailey
Sr. Vice President and Chief Financial Officer
5 of 6
April 25, 2011
EXHIBIT "A„
INTERLOCAL PROCEDURES
FOR
PROCUREMENTS
The following is a procedure that will be used before any solicitation is released in order
for both parties to agree to terms and conditions:
Before a solicitation is developed, the User Party shall meet with and provide the
Procuring Party with its requirements which shall include, but not be limited to the
following:
• Estimated quantities of items/services required for the contract.
• Specification/scope of services/statement of work.
• Required articles that are necessary, i.e. insurance, federal articles,
indemnification, specific contract articles, small business, etc.
The Procuring Party shall provide a draft of the solicitation for review and mutual
approval by the other before the solicitation is issued.
All parties may participate in the Pre-Bid/Pre-Proposal Conferences, if held.
All parties shall have the right to review the evaluation process and award of contract.
sots
April 25, 2011
DocuSign Envelope ID: B7A54239-4t=C2-4485-ABE5-520CEAE352A81
Exhibit B
THE STATE OF TEXAS § SOLICITATION # S19-L30011
§ ORDINANCE #620=-0VZZ)
COUNTY OF HARRIS § CONTRACT# 4600017063
AGREEMENT FOR LEASE OF ICE MACHINES AND COMBINATION ICE
MACHINESIWATER DISPENSERS
ARTICLE 1. PARTIES
THIS AGREEMENT FOR LEASE OF ICE MACHINES AND COMBINATION ICE
MACHINESIWATER DISPENSERS (this "Agreement") is made on the date countersigned by the
City Controller between the CITY OF HOUSTON, TEXAS (the "City"), a home -rule city of the
State of Texas principally situated in Harris County and EASY ICE, LLC ("Contractor"), a Limited
Liability Company doing business in Texas.
1.01 ADDRESS:
1.01.1 The initial addresses of the Parties, which one Party may change by giving written
notice to the other Party, are as follows:
gAt
Director or Designee
Houston Public Works
City of Houston
P. O. Box 1562
Houston, Texas 77251
The Parties agree as follows:
1.02 TABLE OF CONTENTS
Contractor
Easy Ice, LLC
925 W. Washington St., Suite 100
Marquette, Ml 49855
Attention: Travis Rieken
Phone: (813) 995-3994
1.02.1 This Agreement consists of the following sections:
(REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]
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DocuSign Envelope ID: B7A54239-4FC2-4485-ABE5-520CEAB52A81
TABLE OF CONTENTS
Page No.
ARTICLE1. PARTIES................................................................................................................1
1.01
ADDRESS.....................................................................................I.....................1
1.02
TABLE OF CONTENTS.. .............................................. .....................................
1
1.03
PARTS INCORPORATED...................................................................................3
1.04
CONTROLLING PARTS......................................................................................3
1.05
DEFINITIONS.....................................................................................................4
1.06
SIGNATURES.....................................................................................................5
ARTICLE 2.
DUTIES OF CONTRACTOR...................................................................................6
2.01
SCOPE OF SERVICES.......................................................................................
6
2.02
COORDINATE PERFORMANCE........................................................................6
2.03
TIME EXTENSIONS............................................................................................6
2.04
REPORTS...........................................................................................................6
2.05
PAYMENT OF SUBCONTRACTORS.................................................................6
2.06
RELEASE...........................................................................................................
7
2.07
INDEMNIFICATION...........................................................................................17
2.08
SUBCONTRACTOR'S INDEMNITY....................................................................8
2.09
INDEMNIFICATION PROCEDURES..................................................................
8
2.10
INSURANCE.......................................................................................................
9
2.11
WARRANTIES..................................................................................................10
2.12
CONFIDENTIALITY..........................................................................................11
2.13
USE OF WORK PRODUCTS... ........................ - ...............................................
11
2.14
LICENSE AND PERMITS..................................................................................11
2.15
COMPLIANCE WITH LAWS..............................................................................12
2.16
COMPLIANCE WITH EQUAL EMPLOYMENT OPPORTUNITY ORDINANCE.
12
2.17
MWBE COMPLIANCE.......................................................................................12
2.18
DRUG ABUSE DETECTION AND DETERRENCE...........................................13
2.19
CONFLICTS OF INTEREST..............................................................................13
2.20
PAY OR PLAY..................................................................................................14
2.21
CONTRACTOR'S PERFORMANCE.................................................................14
2.22
ADDITIONS AND DELETIONS.........................................................................14
2.23
CHANGES........................................................................................................15
2.24
ENVIRONMENTAL LAWS................................................................................16
2.25
COMPLIANCE WITH CERTAIN STATE LAW REQUIREMENTS ......................
16
2.26
ZERO TOLERANCE POLICY FOR HUMAN TRAFFICKING AND RELATED
ACTIVITIES...... .............. ........................ ...... .......................................... .......
17
2.27
PRESERVATION OF CONTRACTING INFORMATION....................................17
ARTICLE3.
DUTIES OF CITY..................................................................................................18
3.01
PAYMENT TERMS...........................................................................................18
3.02
TAXES..............................................................................................................18
3.03
METHOD OF PAYMENT...................................................................................18
3.04
LIMIT OF APPROPRIATION.............................................................................19
3.05
ACCESS TO SITE.............................................................................................19
3.06
ACCESS TO DATA...........................................................................................
20
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2
DocuSign Envelope ID: B7A54239-4FG2-4485-ABE5-520CEAB52A81
ARTICLE 4. TERM AND TERMINATION...................................................................................20
4.01
AGREEMENT TERM........................................................................................20
4.02
NOTICE TO PROCEED....................................................................................
20
4.03
RENEWALS......................................................................................................
20
4.04
TERMINATION FOR CONVENIENCE BY CITY. ...............................................
20
4.05
TERMINATION FOR CAUSE BY CITY.............................................................
21
4.06
TERMINATION FOR CAUSE BY CONTRACTOR ............................................
22
4.07
REMOVAL OF CONTRACTOR OWNED EQUIPMENT AND MATERIALS .......
22
ARTICLE 5.
MISCELLANEOUS...............................................................................................22
5.01
INDEPENDENT CONTRACTOR.......................................................................22
5.02
FORCE MAJEURE............................................................................................22
5.03
SEVERABILITY.................................................................................................23
5.04
ENTIRE AGREEMENT......................................................................................23
5.05
WRITTEN AMENDMENT..................................................................................23
5.06
GOVERNING LAW AND VENUE......................................................................
23
5.07
NOTICES..........................................................................................................
24
5.08
CAPTIONS........................................................................................................24
5.09
NON-WAIVER...................................................................................................24
5.10
INSPECTIONS AND AUDITS............................................................................24
5.11
ENFORCEMENT...............................................................................................24
5.12
AMBIGUITIES...................................................................................................25
5.13
SURVIVAL........................................................................................................ 25
5.14
PUBLICITY........................................................................................................25
5.15
PARTIES IN INTEREST....................................................................................25
5.16
SUCCESSORS AND ASSIGNS........................................................................
25
5.17
BUSINESS STRUCTURE AND ASSIGNMENTS .............................................. 25
5.18
REMEDIES CUMULATIVE................................................................................25
5.19
CONTRACTOR DEBT.......................................................................................26
EXHIBITS
"A" DEFINITIONS
"B" SCOPE OF SERVICES
"B-1" LIST OF ICE MACHINES AND COMBINATION ICE MACHINES/WATER
DISPENSERS
"B-2 EQUIPMENT LIST
"C" DRUG POLICY COMPLIANCE AGREEMENT
"D" CERTIFICATION OF NO SAFETY IMPACT POSITIONS
"E" DRUG POLICY COMPLIANCE DECLARATION
"F" FEES AND COSTS
1.03 PARTS INCORPORATED
1.03.1 The above -described sections and exhibits are incorporated into this Agreement.
1.04 CONTROLLING PARTS
1.04.1 If a conflict between the sections or exhibits arises, the sections control over the
exhibits.
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DocuSign Envelope ID: B7AS4239-4FC2-4485-ABE5-520CEAB52A81
1.05 DEFINITIONS
1.05.1 Certain terms used in this Agreement are defined in Exhibit "A".
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DocuSign Envelope ID: B7A54239-4FC2-4485-ABE5-520CEAB52A81
1.06 SIGNATURES
1.06.1 The Parties have executed this Agreement in multiple copies, each of which is an original.
Each person signing this Agreement represents and warrants that he or she is duly
authorized and has legal capacity to execute and deliver this Agreement. Each Party
represents and warrants to the other that the execution and delivery of this Agreement and
the performance of such Party`s obligations hereunder have been duly authorized and that
the Agreement is a valid and legal agreement binding on such Party and enforceable in
accordance with its terms. The Parties hereby agree that each Party may sign and deliver
this Agreement electronically or by electronic means and that an electronic transmittal of a
signature, including but not limited to, a scanned signature page, will be as good, binding,
and effective as an original signature.
ATTEST/SEAL (if a corporation): CONTRACTOR:
WITNESS (if not a corporation): EASY ICE, LLC
0-31gned by:
Er"
avu s� Pat ( B :.4o u(kw: c USU,,
N"U, 3ilavesh Patel Na p� 9 nricksen
Title: Controller Title: Chief Financial Officer
Federal Tax ID Number: 83-2872645
ATTEST/SEAL:
�4� (�, �,4 lc��
City Secretary
APPROVED:
pocuSlgnud by;
P;iouston Public Works
APPROVED:
0o Slgned by:
P1�rc��lrement Officer
COUNTERSIGNATURE DATE:
This Agreement has been reviewed as to form by the undersigned and has been found to meet
established Legal Department criteria. The Legal Department has not reviewed the content of these
documents.
Legs Assistant
Date: (n LL 600 0 Z-W 1
APPROVED AS TO FORM:
;4�ant City�tCornge
L.D. File No. 1
Legal Dept. Rev. 08-17-2021
DocuSign Envelope ID: B7A54238-4FC2-4485-ABE5-520CEAB52A81
ARTICLE 2. DUTIES OF CONTRACTOR
2.01 SCOPE OF SERVICES
2.01.1 In consideration of the payments specified in this Agreement, Contractor shall
provide all supervision, labor, tools, equipment, permits, parts, expendable items,
material, and supplies necessary to perform the services described in Exhibit "B".
2.02 COORDINATE PERFORMANCE
2.02.1 Contractor shall coordinate its performance with the Director and other persons
that the Director designates. Contractor shall promptly inform the Director and
other person(s) of all significant events relating to the performance of this
Agreement.
2.03 TIME EXTENSIONS
2.03.1 If Contractor requests an extension of time to complete its performance, then the
Director, in consultation with the CPO, may, in his or her sole discretion, extend
the time so long as the extension does not exceed 90 days. The extension must
be in writing but does not require amendment of this Agreement. Contractor is not
entitled to damages for delay(s) regardless of the cause of the delay(s).
2.03.2 If the Director requests an extension of time to complete Contractor's performance,
then the CPO may, upon consultation with the Director involved, extend the time
so long as the extension does not exceed 90 calendar days. The extension must
be in writing but does not require amendment of this Agreement. Contractor is not
entitled to damages for delay(s) regardless of the cause of the delay(s).
2.04. REPORTS
2.04.1 Contractor shall submit all reports and progress updates required by the Director
or CPO.
2.05 PAYMENT OF SUBCONTRACTORS.
2.05.1 In accordance with the Texas Prompt Payment Act, Contractor shall make timely
payments to all persons and entities supplying labor, materials, or equipment by,
through, or under Contractor in the performance of this Agreement.
2.05.2IN ACCORDANCE WITH THE TEXAS PROMPT PAYMENT ACT,
CONTRACTOR SHALL MAKE TIMELY PAYMENTS TO ALL PERSONS AND
ENTITIES THAT CONTRACTOR HAS HIRED TO SUPPLY LABOR,
MATERIALS, OR EQUIPMENT FOR THE PERFORMANCE OF THIS
AGREEMENT. CONTRACTOR SHALL DEFEND AND INDEMNIFY THE CITY
FROM ANY CLAIMS OR LIABILITY ARISING OUT OF CONTRACTOR'S
FAILURE TO MAKE THESE PAYMENTS REGARDLESS OF WHETHER THE
FAILURE TO PAY IS CAUSED BY, OR CONTRIBUTED TO, IN WHOLE OR IN
PART, THE NEGLIGENCE (WHETHER SOLE, JOINT OR CONCURRENT), OR
GROSS NEGLIGENCE, (WHETHER SOLE, JOINT OR CONCURRENT),
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STRICT LIABILITY, INTENTIONAL ACTS, OR OTHER CONDUCT OR
LIABILITY OF THE CITY, ITS AGENTS, EMPLOYEES, OFFICERS, AND LEGAL
REPRESENTATIVES.
2.05.3 Failure of Contractor to pay its employees as required by law shall constitute a
default under this Agreement, for which Contractor and its surety shall be liable on
Contractor's performance bond if Contractor fails to cure the default as provided
under this Agreement.
2.06 RELEASE
2.06.1 CONTRACTOR AGREES TO AND SHALL RELEASE THE CITY, ITS AGENTS,
EMPLOYEES, OFFICERS, AND LEGAL REPRESENTATIVES
(COLLECTIVELY THE "CITY") FROM ALL LIABILITY FOR INJURY, DEATH,
DAMAGE, OR LOSS TO PERSONS OR PROPERTY SUSTAINED IN
CONNECTION WITH OR INCIDENTAL TO PERFORMANCE UNDER THIS
AGREEMENT, EVEN IF THE INJURY, DEATH, DAMAGE, OR LOSS IS
CAUSED BY THE CITY'S SOLE OR CONCURRENT NEGLIGENCE AND/OR
THE CITY'S STRICT PRODUCTS LIABILITY OR STRICT STATUTORY
LIABILITY. CONTRACTOR HEREBY COVENANTS AND AGREES NOT TO
SUE THE CITY FOR ANY CLAIMS, DEMANDS, OR CAUSES OF ACTION
DIRECTLY OR INDIRECTLY RELATED TO ITS RELEASE UNDER THIS
SECTION. FOR THE AVOIDANCE OF DOUBT, THIS COVENANT NOT TO SUE
DOES NOT APPLY TO CLAIMS FOR BREACH OF THIS AGREEMENT.
2.07 INDEMNIFICATION
2.07.1 CONTRACTOR AGREES TO AND SHALL DEFEND, INDEMNIFY, AND HOLD
THE CITY, ITS AGENTS, EMPLOYEES, OFFICERS, AND LEGAL
REPRESENTATIVES (COLLECTIVELY, THE "CITY") HARMLESS FOR ALL
CLAIMS, CAUSES OF ACTION, LIABILITIES, FINES, AND EXPENSES
(INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES, COURT COSTS,
AND ALL OTHER DEFENSE COSTS AND INTEREST) FOR INJURY, DEATH,
DAMAGE, OR LOSS TO PERSONS OR PROPERTY SUSTAINED IN
CONNECTION WITH OR INCIDENTAL TO PERFORMANCE UNDER THIS
AGREEMENT INCLUDING, WITHOUT LIMITATION, THOSE CAUSED BY:
2.07.1.1 CONTRACTOR'S AND/OR ITS AGENTS', EMPLOYEES',
OFFICERS', DIRECTORS', CONTRACTORS', OR
SUBCONTRACTORS' (COLLECTIVELY IN NUMBERED
SUBPARAGRAPHS 2.07.1.1 THROUGH 2.07.1.3, "CONTRACTOR")
ACTUAL OR ALLEGED NEGLIGENCE OR INTENTIONAL ACTS OR
OMISSIONS;
2.07.1.2 THE CITY'S AND CONTRACTOR'S ACTUAL OR ALLEGED
CONCURRENT NEGLIGENCE, WHETHER CONTRACTOR IS
IMMUNE FROM LIABILITY OR NOT; AND
2.07.1.3 THE CITY'S AND CONTRACTOR'S ACTUAL OR ALLEGED STRICT
PRODUCTS LIABILITY OR STRICT STATUTORY LIABILITY,
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WHETHER CONTRACTOR IS IMMUNE FROM LIABILITY OR NOT.
2.07.2 CONTRACTOR SHALL DEFEND, INDEMNIFY, AND HOLD THE CITY
HARMLESS DURING THE TERM OF THIS AGREEMENT AND FOR FOUR
YEARS AFTER THE AGREEMENT TERMINATES. CONTRACTOR'S
INDEMNIFICATION IS LIMITED TO $500,000 PER OCCURRENCE.
CONTRACTOR SHALL NOT INDEMNIFY THE CITY FOR THE CITY'S SOLE
NEGLIGENCE.
2.08 SUBCONTRACTOR'S INDEMNITY
2.08.1 CONTRACTOR SHALL REQUIRE ALL OF ITS SUBCONTRACTORS (AND
THEIR SUBCONTRACTORS) TO RELEASE AND INDEMNIFY THE CITY TO
THE SAME EXTENT AND IN SUBSTANTIALLY THE SAME FORM AS ITS
RELEASE AND INDEMNITY TO THE CITY.
2.09 INDEMNIFICATION PROCEDURES
2.09.1 Notice of Claims. If the City or Contractor receives notice of any claim or
circumstances which could give rise to an indemnified loss, the receiving Party
shall give written notice to the other Party within 30 days. The notice must include
the following:
2.09.1.1 a description of the indemnification event in reasonable detail;
2.09.1.2 the basis on which indemnification may be due; and
2.09.1.3 the anticipated amount of the indemnified loss.
This notice does not estop or prevent the City from later asserting a different basis
for indemnification or a different amount of indemnified loss than that indicated in
the initial notice. If the City does not provide this notice within the 30-day period,
it does not waive any right to indemnification except to the extent that Contractor
is prejudiced, suffers loss, or incurs expense because of the delay.
2.09.2 Defense of Claims
2.09.2.1 Assumption of Defense. Contractor may assume the defense of the
claim at its own expense with counsel chosen by it that is reasonably
satisfactory to the City Attorney. Contractor shall then control the
defense and any negotiations to settle the claim, subject to the City
Attorney's consent or agreement to the settlement, which consent or
agreement shall not unreasonably be withheld. Within 10 days after
receiving written notice of the indemnification request, Contractor must
advise the City as to whether or not it will defend the claim. If Contractor
does not assume the defense, the City shall assume and control the
defense, and all defense expenses constitute an indemnification loss.
2.09.2.2 Continued Participation. If Contractor elects to defend the claim, the City
may retain separate counsel to participate in (but not control) the defense
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and to participate in (but not control) any settlement negotiations.
2.10 INSURANCE
2.10.1 Risks and Limits of Liability. Contractor shall maintain the following
insurance coverages in the following amounts:
COVERAGE LIMIT OF LIABILITY
Workers' Compensation Statutory for Workers' Compensation
• Bodily Injury by Accident $500,000 (each accident)
Employer's Liability
• Bodily Injury by Disease $500,000 (policy limit)
• Bodily Injury by Disease $500,000 (each employee)
Commercial General
Liability: Bodily and
Bodily Injury and Property Damage, Combined Limits
Personal Injury; Products
of $1,000,000 each Occurrence, and $2,000,000
and Completed
aggregate
Operations Coverage
Automobile Liability
$1,000,000 combined single limit for: (i) Any Auto; or
(ii) All Owned, Hired, and Non -Owned Autos
Professional Liability (if $1,000,000 per occurrence; $2,000,000 aggregate
applicable)
Excess Liability Coverage, $1,000,000
or umbrella Coverage, for
Commercial General
Liability and Automobile
Liability
Aggregate Limits are per 12-month policy period unless otherwise indicated.
2.10.2 Insurance Coverage. At all times during the term of this Agreement and
any extensions or renewals, Contractor shall provide and maintain
insurance coverage that meets the Agreement requirements. Prior to
beginning performance under the Agreement, at any time upon the
Director's request, or each time coverage is renewed or updated,
Contractor shall furnish to the Director current certificates of insurance,
endorsements, all policies, or other policy documents evidencing adequate
coverage, as necessary. Contractor shall be responsible for and pay: (i)
all premiums; and (ii) any claims or losses to the extent of any deductible
amounts. Contractor waives any claim it may have for premiums or
deductibles against the City, its officers, agents, or employees. Contractor
shall also require all subcontractors or consultants whose subcontracts
exceed $100,000 to provide proof of insurance coverage meeting all
requirements stated above except amount. The amount must be
commensurate with the amount of the subcontract, but no less than
$500,000 per claim.
2.10.3 Form of insurance. The form of the insurance shall be approved by the
Director and the City Attorney; such approval (or lack thereof) shall never:
(i) excuse non-compliance with the terms of this Section; or (ii) waive or
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estop the City from asserting its rights to terminate this Agreement. The
policy issuer shall: (1) have a Certificate of Authority to transact insurance
business in Texas; or (ii) be an eligible non -admitted insurer in the State of
Texas and have a Best's rating of at least B+, and a Best's Financial Size
Category of Class VI or better, according to the most current Best's Kev
Ratina Guide,
2.10.4 Required Coverage. The City shall be an Additional Insured under this
Agreement, and all policies, except Professional Liability and Worker's
Compensation, shall explicitly name the City as an Additional Insured, The
City shall enjoy the same coverage as the Famed Insured without regard
to other Agreement provisions. Contractor waives any claim or right of
subrogation to recover against the City, its officers, agents, or employees,
and each of Contractor's insurance policies except professional liability
must contain coverage waiving such claim. Each policy, except Workers'
Compensation and Professional Liability, must also contain an
endorsement that the policy is primary to any other insurance available to
the Additional Insured with respect to claims arising under this Agreement.
If professional liability coverage is written on a "claims made" basis,
Contractor shall also provide proof of renewal each year for two years after
substantial completion of the Project, or in the alternative: evidence of
extended reporting period coverage for a period of two years after
substantial completion, or a project liability policy for the Project covered
by this Agreement with a duration of two years after substantial completion.
All certificates of insurance submitted by Contractor shall be accompanied
by endorsements for: (i) Additional Insured coverage in favor of the City for
Commercial General Liability and Automobile Liability policies; and (ii)
Waivers of Subrogation in favor of the City for Commercial General
Liability, Automobile Liability and Workers' Compensation/Employers'
Liability policies. The Director will consider all other forms on a case -by -
case basis.
2.10.5 Notice. CONTRACTOR SHALL GIVE 30 DAYS' ADVANCE WRITTEN
NOTICE TO THE DIRECTOR IF ANY OF ITS INSURANCE POLICIES
ARE CANCELED OR NON -RENEWED. Within the 30-day period,
Contractor shall provide other suitable policies in order to maintain the
required coverage. If Contractor does not comply with this requirement,
the Director, at his or her sole discretion, may immediately suspend
Contractor from any further performance under this Agreement and begin
procedures to terminate for default.
2.10.6 Other Insurance. If requested by the Director, Contractor shall furnish
adequate evidence of Social Security and Unemployment Compensation
Insurance, to the extent applicable to Contractor's operations under this
Agreement.
2.11 WARRANTIES
2.11.1 Contractor warrants that it shall perform all work in a good and workmanlike
manner, meeting the standards of quality prevailing in Harris County, Texas for
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work of this kind. Contractor shall perform all work using trained and skilled
persons having substantial experience performing the work required under this
Agreement.
2.11.2 With respect to any parts and goods it furnishes, Contractor warrants:
2.11.2.1 that all items are free of defects in title, design, material, and
workmanship;
2.11.2.2 that each item meets or exceeds the manufacturer's specifications and
requirements for the equipment, structure, or other improvement in
which the item is installed;
2,11.2.3 that each replacement item is new, in accordance with original
equipment manufacturer's specifications, and of a quality at least as
good as the quality of the item which it replaces (when the replaced
item was new); and
2.11.2.4 that no item or its use infringes any patent, copyright, or proprietary
right.
2.12 CONFIDENTIALITY
2.12.1 Contractor, its agents, employees, contractors, and subcontractors shall hold all
City information, data, and documents (collectively, the "Information") that they
receive, or to which they have access, in strictest confidence. Contractor, its
agents, employees, contractors, and subcontractors shall not disclose,
disseminate, or use the Information unless the Director authorizes it in writing.
Contractor shall obtain written agreements from its agents, employees,
contractors, and subcontractors which bind them to the terms in this Section.
2.13. USE OF WORK PRODUCTS
2.13.1 The City may use all Documents that Contractor prepares or obtains under this
Agreement. In addition, Contractor shall provide the Director with supporting
schedules, flow charts or other analysis necessary to understand the reported
findings and recommendations. Generally, this information is attached as exhibits
to the final report; however, if requested by the Director, Contractor shall provide
this information from its work paper files.
2.13.2 Contractor warrants that it owns the copyright to the Documents.
2.13.3 Contractor shall deliver the original Documents to the Director on request. Within
five working days after this Agreement terminates, Contractor shall deliver to the
Director the original Documents, and all other files and materials Contractor
produces or gathers during its performance under this Agreement.
2.14 LICENSES AND PERMITS
2.14.1 Contractor shall obtain, maintain, and pay for all licenses, permits, and certificates
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including all professional licenses required by any statute, ordinance, rule, or
regulation for the performance under this Agreement. Contractor shall immediately
notify the Director of any suspension, revocation, or other detrimental action
against its license.
2.15 COMPLIANCE WITH LAWS
2.15.1 Contractor shall comply with all applicable state and federal laws and regulations
and the City Charter and Code of Ordinances in its performance under this
Agreement.
2.16 COMPLIANCE WITH EQUAL EMPLOYMENT OPPORTUNITY ORDINANCE
2.16.1 Contractor shall comply with City's Equal Employment Opportunity Ordinance as
set out in in Section 15-17 of the Code of Ordinances.
2.17 MWBE COMPLIANCE
2.17.1 Contractor shall comply with the City's Minority and Women Business Enterprise
("MWBE") programs as set out in Chapter 15, Article V of the City of Houston Code
of Ordinances. Contractor shall make good faith efforts to award subcontracts or
supply agreements in at least UfQ of the value of this Agreement to MWBEs.
Contractor acknowledges that it has reviewed the requirements for good faith
efforts on file with the City's Office of Business Opportunities ("OBO") and will
comply with them.
2.17.2 Contractor shall ensure that all subcontracts with MWBE subcontractors and
suppliers contain the following terms:
[Name of MWBE subcontractor] shall not delegate or subcontract more than 50%
of the work under this subcontract to any other subcontractor or supplier without
the express written consent of the City of Houston's Office of Business Opportunity
Director (the "Director").
[Name of MWBE subcontractor] shall permit representatives of the City of Houston,
at all reasonable times, to perform: (i) audits of the books and records of the
subcontractor; and (ii) inspections of all places where work is to be undertaken in
connection with this subcontract. Subcontractor shall keep such books and
records available for such purpose for at least 4 years after the end of its
performance under this subcontract. Nothing in this provision shall affect the time
for bringing a cause of action nor the applicable statute of limitations.
Within five Business Days of execution of this subcontract, Contractor and
Subcontractor shall designate in writing to the Director an agent for receiving any
notice required or permitted to be given pursuant to Chapter 15 of the Houston City
Code of Ordinances, along with the street and mailing address and phone number
of such agent.
Any controversy between the Parties involving the construction or application of
any of the terms, covenants, or conditions of this subcontract may be submitted to
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the Director. The Director may prescribe procedures to provide dispute resolution
by neutrals in accordance with the requirements of Chapter 15 of the Houston City
Code of Ordinances.
2,18, DRUG ABUSE DETECTION AND DETERRENCE.
2.18.1 It is the policy of the City to achieve a drug -free workforce and workplace. The
manufacture, distribution, dispensation, possession, sale, or use of illegal drugs or
alcohol by contractors while on City Premises is prohibited. Contractor shall
comply with all the requirements and procedures set forth in the Mayor's Drug
Abuse Detection and Deterrence Procedures for Contractors, Executive Order No.
1-31 (the "Executive Order"), which is incorporated into this Agreement and is on
file in the City Secretary's Office.
2.18.2 Before the City signs this Agreement, Contractor shall file with the Contract
Compliance Officer for Drug Testing ("CCODT"):
2,18.2.1 a copy of its drug -free workplace policy;
2.18.2.2 the Drug Policy Compliance Agreement substantially in the form set
forth in Exhibit "C", together with a written designation of all safety
impact positions; and
2.18.2.3 if applicable (e.g., no safety impact positions), the Certification of No
Safety Impact Positions, substantially in the form set forth in Exhibit "D".
2.18.3 If Contractor files a written designation of safety impact positions with its Drug
Policy Compliance Agreement, it also shall file every 6 months during the
performance of this Agreement or on completion of this Agreement if performance
is less than 6 months, a Drug Policy Compliance Declaration in a form substantially
similar to Exhibit "E". Contractor shall submit the Drug Policy Compliance
Declaration to the CCODT within 30 days of the expiration of each 6-month period
of performance and within 30 days of completion of this Agreement. The first 6-
month period begins to run on the date the City issues its Notice to Proceed or, if
no Notice to Proceed is issued, on the first day Contractor begins work under this
Agreement.
2.18.4 Contractor also shall file updated designations of safety impact positions with the
CCODT if additional safety impact positions are added to Contractor's employee
work force.
2.18.5 Contractor shall require that its subcontractors comply with the Executive Order,
and Contractor shall secure and maintain the required documents for City
inspection.
2.19 CONFLICTS OF INTEREST
2.19.1 If an actual or potential conflict arises between the City's interests and the interests
of other client(s) Contractor represents, Contractor shall immediately notify the
Director in writing. If the Director consents to Contractor's continued
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representation of the other clients, he or she shall notify Contractor in writing. if
the Director does not issue written consent within 3 business days after receipt of
Contractor's notice, Contractor shall immediately terminate its representation of
the other client whose interests are or may be in conflict with those of the City.
2.20. PAY OR PLAY
2.20.1 The requirements and terms of the City of Houston Pay or Play program, as set
out in Executive Order 1-7, as revised from time to time, are incorporated into this
Agreement for all purposes. Contractor has reviewed Executive Order No. 1-7, as
revised, and shall comply with its terms and conditions.
2.21. CONTRACTOR'S PERFORMANCE
2.21.1 Contractor shall make citizen satisfaction a priority in providing services under this
Agreement. Contractor shall train its employees to be customer service -oriented
and to positively and politely interact with citizens when performing contract
services. Contractor's employees shall be clean, courteous, efficient, and neat in
appearance and committed to offering the highest quality of service to the public.
If, in the Director's opinion, Contractor is not interacting in a positive and polite
manner with citizens, he or she shall direct Contractor to take all remedial steps to
conform to these standards
2.22. ADDITIONS AND DELETIONS
2.22.1 Additional Products and Services.. Subject to the allocation of funds, the CPO may
add similar equipment, supplies, services, or locations, within the scope of this
Agreement, to the list of equipment, supplies, services, or locations to be
performed or provided by giving written notification to Contractor. For purposes of
this Section, the "Effective Date" means the date specified in the notification from
the CPO. As of the Effective Date, each item added is subject to this Agreement,
as if it had originally been a part, but the charge for each item starts to accrue only
on the Effective Date. In the event the additional equipment, supplies, services, or
locations are not identical to the items(s) already under this Agreement, the
charges therefor will then be Contractor's normal and customary charges or rates
for the equipment, supplies, services, or locations classified in the Fees and Costs
(Exhibit "F").
2.22.2 Exclusion of Products and Services. If a deliverable or service that is subject to
this Agreement is deleted, lost, stolen, destroyed, damaged, sold, replaced, or
otherwise disposed of, the CPO may exclude it from the operation of this
Agreement by notifying Contractor in writing. The notice takes effect immediately
on its receipt by Contractor. More than one notice may be given. When a notice
is received, Contractor shall delete the charge for the excluded deliverable or
service from the sum(s) otherwise due under this Agreement.
2.22.3 The total charges for additions and deletions to this Agreement must never exceed
25% of the original contract amount unless:
2,22.3.1 The additions are exempt from the competitive bidding or proposal
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requirements set forth in Tex. Local Govt. Code Chapter 252; or
2.22.3.2 The City acquires the additions from Contractor through a competitive
bid or competitive proposal.
2.23. CHANGES
2.23.1 At any time during the Agreement Term, the CPO may issue a Change Order to
increase or decrease the scope of services or change plans and specifications as
he or she may find necessary to accomplish the general purposes of this
Agreement. Contractor shall furnish the services or deliverables in the Change
Order in accordance with the requirements of this Agreement plus any special
provisions, specifications, or special instructions issued to execute the extra work.
2.23.2 The CPO will issue the Change Order in substantially the following form:
CHANGE ORDER
TO: [Name of Contractor]
FROM: City of Houston, Texas (the "City")
DATE: [Date of Notice]
SUBJECT: Change Order under the Agreement between the City and [Name
of Contractor] countersigned by the City Controller on [Date of
countersignature of the Agreement]
Subject to all terms and conditions of the Agreement, the City requests that
Contractor provide the following:
[Here describe the additions to or changes to the equipment or services and the
Change Order Charges applicable to each.]
Signed:
[Sianature of CPOJ
2.23.3 The CPO may issue more than one Change Order, subject to the following
limitations:
2.23.3.1 The City Council expressly authorizes the CPO to approve a Change
Orders up to $50,000. A Change Order of more than $50,000 over the
approved contract amount must be approved by the City Council.
2.23.3.2 If a Change Order describes items that Contractor is otherwise required
to provide under this Agreement, the City is not obligated to pay any
additional money to Contractor.
2.23.3.3 The total of all Change Orders issued under this section may not
increase the original contract amount by more than 25%.
2.23A Whenever Contractor receives a Change Order, Contractor shall furnish all
material, equipment, and personnel necessary to perform the work described in
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the Change Order. Contractor shall complete the work within the time prescribed.
If no time for completion is prescribed, Contractor shall complete the work within a
reasonable time. If the work described in any Change Order causes an
unavoidable delay in any other work Contractor is required to perform under this
Agreement, Contractor may request a time extension for the completion of the
work. The CPO's decision regarding a time extension is final.
2.23.5 A product or service provided under a Change Order is subject to inspection,
acceptance, or rejection in the same manner as the work described in the Original
Agreement and is subject to the terms and conditions of the Original Agreement
as if it had originally been a part of the Agreement.
2.23.6 Change Orders are subject to the Allocated Funds provisions of this Agreement.
2.24 ENVIRONMENTAL LAWS
2.24.1 Contractor shall comply with all rules, regulations, statutes, and orders of the
Environmental Protection Agency, the Texas Commission on Environmental
Quality, and any other governmental agency with the authority to promulgate
environmental rules and regulations (the "Environmental Laws"). Contractor shall
promptly reimburse the City for any fines or penalties levied against the City
because of Contractor's failure to comply with Environmental Laws.
2.24.2 Contractor shall not possess, use, generate, release, discharge, store, dispose of,
or transport any Hazardous Materials on, under, in, above, to, or from the site
except in strict compliance with the Environmental Laws. "Hazardous Materials"
means any substances, materials, or wastes that are or become regulated as
hazardous or toxic substances under any applicable federal, state, or local laws,
regulations, ordinances, or orders. Contractor shall not deposit oil, gasoline,
grease, lubricants, or any ignitable or hazardous liquids, materials, or substances
in the City's storm sewer system or sanitary sewer system or elsewhere on City
Property in violation of the Environmental Laws.
2.25 COMPLIANCE WITH CERTAIN STATE LAW REQUIREMENTS.
2.25.1 Anti -Boycott of Israel. Contractor certifies that Contractor is not currently engaged
in, and agrees for the duration of this Agreement not to engage in, the boycott of
Israel as defined by Section 808.001 of the Texas Government Code.
2.25.2 Anti -Boycott of Energy Companies. Contractor certifies that Contractor is not
currently engaged in, and agrees for the duration of this Agreement not to engage
in, the boycott of energy companies as defined by Section 809.001 of the Texas
Government Code.
2.25.3 Anti -Boycott of Firearm Entities or Firearm Trade Associations. Contractor certifies
that Contractor does not have a practice, policy, guidance, or directive that
discriminates against a firearm entity or firearm trade association, or will not
discriminate against a firearm entity or firearm trade association for the duration of
this Agreement, as defined by Section 2274.001 of the Texas Government Code.
2.25.4 Certification of No Business with Foreign Terrorist Organizations. For purposes of
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Section 2252.152 of the Texas Government Code, Contractor certifies that, at the
time of this Agreement neither Contractor nor any wholly owned subsidiary,
majority -owned subsidiary, parent company or affiliate of Contractor, is a company
listed by the Texas Comptroller of Public Accounts under Sections 2252.153 or
2270.0201 of the Texas Government Code as a company known to have contracts
with or provide supplies to a foreign terrorist organization.
2.26 ZERO TOLERANCE POLICY FOR HUMAN TRAFFICKING AND RELATED
ACTIVITIES
2.26.1 The requirements and terms of the City of Houston's Zero Tolerance Policy for
Human Trafficking and Related Activities, as set forth in Executive Order 1-56, as
revised from time to time, are incorporated into this Agreement for all purposes.
Contractor has reviewed Executive Order 1-56, as revised, and shall comply with
its terms and conditions as they are set out at the time of the Countersignature
Date. Contractor shall notify the CPO, City Attorney, and the Director of any
information regarding possible violation by Contractor or its subcontractors
providing services or goods under this Agreement within 7 days of Contractor
becoming aware of or having a reasonable belief that such violations may have
occurred, have occurred, or are reasonably likely to occur.
2.27 PRESERVATION OF CONTRACTING INFORMATION
2.27.1 The requirements of Subchapter J, Chapter 552, Texas Government Code, may
apply to this Agreement and the Contractor agrees that this Agreement can be
terminated if the Contractor knowingly or intentionally fails to comply with a
requirement of that subchapter. If the requirements of Subchapter J, Chapter 552,
Texas Government Code, apply to this Agreement, then for the duration of this
Agreement (including the initial term, any renewal terms, and any extensions),
Contractor shall preserve all Contracting Information, as defined by Section
552.003 of the Texas Government Code, related to this Agreement as provided by
the records retention requirements applicable to the City pursuant to federal or
state law or regulation, city ordinance or city policy, which record retention
requirements include but are not limited to those set forth in Chapters 201 and 205
of the Texas Local Government Code and Texas Administrative Code Title 13,
Chapter 7. Within five business days after receiving a request from the Director,
Contractor shall provide any Contracting Information related to this Agreement that
is in the custody or possession of Contractor. Upon the expiration or termination
of this Agreement, Contractor shall, at the Director's election, either (a) provide, at
no cost to the City, all Contracting Information related to this Agreement that is in
the custody or possession of Contractor, or (b) preserve the Contracting
Information related to this Agreement as provided by the records retention
requirements applicable to the City pursuant to federal or state law or regulation,
city ordinance or City policy.
2.27.2 If Contractor fails to comply with any one or more of the requirements of this Section,
Preservation of Contracting Information, or Subchapter J, Chapter 552, Texas
Government Code, then, in accordance with and pursuant to the processes and
procedures set forth in Sections 552.373 and 552.374 of the Texas Government
Code, the Director shall provide notice to the Contractor and may terminate this
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Agreement. To effect final termination, the Director must notify Contractor in
writing with a copy of the notice to the CPO. After receiving the notice, Contractor
shall, unless the notice directs otherwise, immediately discontinue all services
under this Agreement, and promptly cancel all orders or subcontracts chargeable
to this Agreement.
ARTICLE 3. DUTIES OF CITY
3.01 PAYMENT TERMS
3.01 A Subject to all terms and conditions of this Agreement, the City agrees to pay for
the services described in Exhibit "B" that are rendered by Contractor based upon
monthly invoices showing the number of individual tasks and related services
performed at the rates set forth in Exhibit "F". The fees must only be paid from
Allocated Funds as provided below.
3.01.2 Eariv Pavment Discount. The City of Houston's standard payment term is to pay
30 days after receipt of invoice or receipt of goods or services, whichever is later,
according to the requirements of the Texas Prompt Payment Act (Tex. Gov't Code,
Ch. 2251). However, the City will pay in less than 30 days in return for an early
payment discount from Contractor as follows:
Payment Time - 10 Days; 2% Discount
Payment Time - 20 Days: 1% Discount
3.01.3 If the City fails to make a payment according to the early payment schedule above,
but does make the payment within the time specified by the Prompt Payment Act,
the City shall not receive the discount, but shall pay no other penalty. When the
payment date falls on a Saturday, Sunday, or official holiday when City offices are
closed and City business is not expected to be conducted, payment may be made
on the following Business Day.
3.02 TAXES
3.02.1 The City is exempt from payment of Federal Excise and Transportation Tax and
Texas Limited Sales and Use Tax. Contractor's invoices to the City must not
contain assessments of any of these taxes. The Director will furnish the City's
exemption certificate and federal tax identification number to Contractor if
requested.
3.03 METHOD OF PAYMENT
3.03.1 The City shall pay on the basis of monthly invoices submitted by Contractor and
approved by the Director showing the services performed and the attendant fee.
The City shall make payment to Contractor within 30 days of the receipt and
approval by the City of such invoices. If the City disputes any item in an invoice
Contractor submits for any reason, including lack of supporting documentation, the
Director shall temporarily delete the disputed item and pay the remainder of the
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invoice. The Director shall promptly notify Contractor of the dispute and request
remedial action. After any dispute is settled, Contractor shall include the disputed
amount on a subsequent regularly scheduled invoice or on a special invoice for
the disputed item only.
3.04 LIMIT OF APPROPRIATION
3.04.1 The City's duty to pay money to Contractor under this Agreement is limited in its
entirety by the provisions of this Section.
3.04.2 In order to comply with Article 11, Sections 19 and 19a of the City's Charter and
Article XI, Section 5 of the Texas Constitution, the City has appropriated and
allocated the sum of $178.241.52 to pay money due under this Agreement during
the City's current fiscal year (the "Original Allocation"). The executive and
legislative officers of the City, in their discretion, may allocate supplemental funds
(each a "Supplemental Allocation" and collectively, the "Supplemental Allocations")
for this Agreement, but they are not obligated to do so. Therefore, the Parties have
agreed to the following procedures and remedies:
3.04.2.1 The City has not allocated supplemental funds or made a Supplemental
Allocation for this Agreement unless the City has issued to Contractor a
Service Release Order, or similar form approved by the City Controller,
containing the language set out below. When necessary, the
Supplemental Allocation shall be approved by motion or ordinance of City
Council.
NOTICE OF SUPPLEMENTAL ALLOCATION OF FUNDS
By the signature below, the City Controller certifies that,
upon the request of the Director, the supplemental sum set
out below has been allocated for the purposes of the
Agreement out of funds appropriated for this purpose by
the City Council of the City of Houston. This Supplemental
Allocation has been charged to such appropriation.
3.04.2.2 The Original Allocation plus all Supplemental Allocations are the
"Allocated Funds." The City shall never be obligated to pay any money
under this Agreement in excess of the Allocated Funds. Contractor must
assure itself that sufficient allocations have been made to pay for services
it provides. If Allocated Funds are exhausted, Contractor's only remedy
is suspension or termination of its performance under this Agreement,
and it has no other remedy in law or in equity against the City and no right
to damages of any kind.
3.05 ACCESS TO SITE
3.05.1 Contractor may enter and leave the premises at all reasonable times without
charge. Contractor and its employees may use the common areas and roadways
of the premises where it is to perform the services together with all facilities,
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equipment, improvements, and services provided in connection with the premises
for common use. This excludes parking for Contractor's personnel. Contractor
shall repair any damage caused by it or its employees as a result of its use of the
common areas.
3.06 ACCESS TO DATA
3.06.1 The City shall, to the extent permitted by law, allow Contractor to access and make
copies of documents in the possession or control of the City or available to it that
are reasonably necessary for Contractor to perform under this Agreement.
3.06.2 The City does not, however, represent that all existing conditions are fully
documented, nor is the City obligated to develop new documentation for
Contractor's use.
3.06.3 For any raw data created, assembled, used, maintained, collected, or stored by
Contractor for or on behalf of the City, Contractor shall provide the City either the
raw data itself or the ability to extract the raw data in a format mutually agreed
upon by both Parties at no additional cost to the City.
ARTICLE 4. TERM AND TERMINATION
4.01. AGREEMENT TERM
4.01.1 This Agreement is effective on the Countersignature Date and shall remain in
effect for three (3) years, unless sooner terminated under this Agreement (the
"Initial Term").
4.02 NOTICE TO PROCEED
4.02.1 Contractor shall begin performance under this Agreement on the date specified in
a Notice to Proceed from the CPO or Director.
4.03. RENEWALS
4.03.1 Upon expiration of the Initial Term, and so long as the City makes sufficient
supplemental allocations, this Agreement will be automatically renewed for two (2)
successive 1-year terms on the same terms and conditions. If the Director
chooses not to renew this Agreement, he or she shall notify Contractor and the
CPO of non -renewal at least 30 days before the expiration of the then -current term.
4.04. TERMINATION FOR CONVENIENCE BY CITY
4.04.1 The Director may terminate this Agreement at any time by giving 30 days' written
notice to Contractor, with a copy of the notice to the CPO. The City's right to
terminate this Agreement for convenience is cumulative of all rights and remedies,
which exist now or in the future.
4.04.2 On receiving the notice, Contractor shall, unless the notice directs otherwise,
immediately discontinue all services under this Agreement and cancel all existing
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orders and subcontracts that are chargeable to this Agreement. As soon as
practicable after receiving the termination notice, Contractor shall submit an
invoice showing in detail the services performed under this Agreement up to the
termination date. The City shall then pay the fees to Contractor for services
actually performed, but not already paid for, in the same manner as prescribed in
this Agreement unless the fees exceed the allocated funds remaining under this
Agreement.
4.04.3 TERMINATION OF THIS AGREEMENT AND RECEIPT OF PAYMENT FOR
SERVICES RENDERED ARE CONTRACTOR'S ONLY REMEDIES FOR THE
CITY'S TERMINATION FOR CONVENIENCE, WHICH DOES NOT CONSTITUTE
A DEFAULT OR BREACH OF THIS AGREEMENT. CONTRACTOR WAIVES
ANY CLAIM (OTHER THAN ITS CLAIM FOR PAYMENT AS SPECIFIED IN THIS
SECTION), IT MAY HAVE NOW OR IN THE FUTURE FOR FINANCIAL LOSSES
OR OTHER DAMAGES RESULTING FROM THE CITY'S TERMINATION FOR
CONVENIENCE.
4.05. TERMINATION FOR CAUSE BY CITY
4.05.1 if Contractor defaults under this Agreement, the Director may terminate this
Agreement after providing Contractor written notice and an opportunity to cure the
default as provided below. The City's right to terminate this Agreement for
Contractor's default is cumulative of all rights and remedies that exist now or in the
future. Default by Contractor occurs if:
4.05.1.1 Contractor fails to perform any of its material duties under this
Agreement;
4.05.1.2 Contractor becomes insolvent;
4.05.1,3 all or a substantial part of Contractor's assets are assigned for the
benefit of its creditors; or
4.05.1.4 a receiver or trustee is appointed for Contractor
4.05.2 If a default occurs and the Director determines that the City wishes to terminate
the Agreement, then the Director must deliver a written notice to Contractor
describing the default and the proposed termination date, with a copy of the notice
to the CPO. The date must be at least 30 days after Contractor receives notice.
The Director, at his or her sole option, may extend the termination date to a later
date. If Contractor cures the default before the proposed termination date, then
the proposed termination is ineffective. If Contractor does not cure the default
before the termination date, then the Director may terminate this Agreement on the
termination date, at no further obligation of the City.
4.05.3 To effect final termination, the Director must notify Contractor in writing, with a copy
of the notice to the CPO. After receiving the notice, Contractor shall, unless the
notice directs otherwise, immediately discontinue all services under this
Agreement and promptly cancel all orders or subcontracts chargeable to this
Agreement.
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4.06 TERMINATION FOR CAUSE BY CONTRACTOR
4.06.1 Contractor may terminate its performance under this Agreement only if the City
defaults and fails to cure the default after receiving written notice of it. Default by
the City occurs if the City fails to perform one or more of its material duties under
this Agreement. If a default occurs and Contractor wishes to terminate the
Agreement, then Contractor must deliver a written notice to the Director describing
the default and the proposed termination date. The date must be at least 30 days
after the Director receives the notice. Contractor, at its sole option, may extend
the proposed termination date to a later date. If the City cures the default before
the proposed termination date, then the proposed termination is ineffective. If the
City does not cure the default before the proposed termination date, then
Contractor may terminate its performance under this Agreement on the termination
date
4.07. REMOVAL OF CONTRACTOR OWNED EQUIPMENT AND MATERIALS
4.07.1 Upon expiration or termination of this Agreement, Contractor is permitted 10 days
within which to remove contractor -owned material and equipment from the City's
premises. This City shall make such material and equipment readily available to
Contractor. The time period may be extended upon approval by the Director. The
City reserves the right to deny any extension of time.
ARTICLE 5. MISCELLANEOUS
5.01 INDEPENDENT CONTRACTOR
5.01 Contractor shall perform its obligations under this Agreement as an independent
contractor and not as an employee of the City.
5.02 FORCE MAJEURE
5.02.1 Timely performance by both Parties is essential to this Agreement. However,
neither Party is liable for reasonable delays in performing its obligations under this
Agreement to the extent the delay is caused by Force Majeure that directly impacts
the City or Contractor. The event of Force Majeure may permit a reasonable delay
in performance but does not excuse a Party's obligations to complete performance
under this Agreement. Force Majeure means: fires, interruption of utility services,
epidemics in the City, floods, hurricanes, tornadoes, ice storms and other natural
disasters, explosions, war, terrorist acts against the City or Contractor, riots,
strikes, court orders, and the acts of superior governmental or military authority,
and which the affected Party is unable to prevent by the exercise of reasonable
diligence. The term does not include any changes in general economic conditions
such as inflation, interest rates, economic downturn, or other factors of general
application, or an event that merely makes performance more difficult, expensive,
or impractical. Force Majeure does not entitle Contractor to extra reimbursable
expenses or payment.
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5.02.2 This relief is not applicable unless the affected Party does the following:
5.02.2.1 uses due diligence to remove the effects of the Force Majeure as quickly
as possible and to continue performance notwithstanding the Force
Majeure; and
5.02.2.2 provides the other Party with prompt written notice of the cause and its
anticipated effect.
5.02.3 The Director will review claims that a Force Majeure that directly impacts the City
or Contractor has occurred and render a written decision within 14 days.
5.02.4 The City may perform contract functions itself or contract them out during periods
of Force Majeure. Such performance is not a default or breach of this Agreement
by the City.
5.02.5 If the Force Majeure continues for more than 7 days from the date performance is
affected, the Director may terminate this Agreement by giving 7 days' written notice
to Contractor. This termination is not a default or breach of this Agreement.
CONTRACTOR WAIVES ANY CLAIM IT MAY HAVE FOR FINANCIAL LOSSES
OR OTHER DAMAGES RESULTING FROM THE TERMINATION EXCEPT FOR
AMOUNTS DUE UNDER THE AGREEMENT UP TO THE TIME THE WORK IS
HALTED DUE TO FORCE MAJEURE.
5.03 SEVERABILITY
5.03.1 If any part of this Agreement is for any reason found to be unenforceable, all other
parts remain enforceable unless the result materially prejudices either Party.
5.04 ENTIRE AGREEMENT
5.04.1 This Agreement merges the prior negotiations and understandings of the Parties
and embodies the entire agreement of the Parties with respect to this subject
matter hereof. No other agreements, assurances, conditions, covenants (express
or implied), or other terms of any kind exist between the Parties regarding this
Agreement.
5.05 WRITTEN AMENDMENT
5.05.1 Unless otherwise specified elsewhere in this Agreement, this Agreement may be
amended only by written instrument executed on behalf of the City (by authority of
an ordinance adopted by the City Council) and Contractor. The Director is only
authorized to perform the functions specifically delegated to him or her in this
Agreement.
5.06 GOVERNING LAW AND VENUE
5.06.1 This Agreement shall be construed and interpreted in accordance with the
applicable laws of the State of Texas and City of Houston. Venue for any disputes
relating in any way to this Agreement shall lie exclusively in Harris County, Texas.
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5.07 NOTICES
5.07.1 All notices to either Party to the Agreement must be in writing and must be
delivered by hand, facsimile, United States registered or certified mail, return
receipt requested, United States Express Mail, Federal Express, UPS, or any other
national overnight express delivery service. The notice must be addressed to the
Party to whom the notice is given at its address set out in Article 1 of this
Agreement or other address the receiving Party has designated previously by
proper notice to the sending Party. Postage or delivery charges must be paid by
the Party giving the notice.
5.08 CAPTIONS
5.08.1 Captions contained in this Agreement are for reference only and therefore have no
effect in construing this Agreement. The captions are not restrictive of the subject
matter of any section in this Agreement.
5.09 NON -WAIVER
5.09.1 If either Party fails to require the other to perform a term of this Agreement, that
failure does not prevent the Party from later enforcing that term and all other terms.
If either Party waives the other's breach of a term, that waiver does not waive a
later breach of this Agreement.
5.09.2 An approval by the Director, or by any other employee or agent of the City, of any
part of Contractor's performance does not waive compliance with this Agreement
or establish a standard of performance other than that required by this Agreement
and by law. The Director is not authorized to vary the terms of this Agreement.
5.10 INSPECTIONS AND AUDITS
5.10.1 City representatives may perform, or have performed: (i) audits of Contractor's
books and records; and (ii) inspections of all places where work is undertaken in
connection with this Agreement. Contractor shall keep its books and records
available for this purpose for at least three years after this Agreement terminates.
If the books and records are located outside of Harris County, Texas, Contractor
agrees to make them available in Harris County, Texas. This provision does not
affect the applicable statute of limitations.
5.11 ENFORCEMENT
5.11.1 The City Attorney or his or her designee may enforce all legal rights and obligations
under this Agreement without further authorization. Contractor shall provide to the
City Attorney all documents and records that the City Attorney requests to assist
in determining Contractor's compliance with this Agreement, with the exception of
those documents made confidential by federal or State law or regulation.
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5.12 AMBIGUITIES
5.12.1 If any term of this Agreement is ambiguous, it shall not be construed for or against
any Party on the basis that the Party did or did not write it.
5.13 SURVIVAL
5.13.1 Contractor shall remain obligated to the City under all clauses of this Agreement
that expressly or by their nature extend beyond the expiration or termination of this
Agreement, including, but not limited to, the indemnity provisions.
5.14 PUBLICITY
5.14.1 Contractor shall make no announcement or release of information concerning this
Agreement unless the release has been submitted to and approved, in writing, by
the Director.
5.15 PARTIES IN INTEREST
5.15.1 This Agreement does not bestow any rights upon any third party, but binds and
benefits the City and Contractor only.
5.16 SUCCESSORS AND ASSIGNS
5.16A This Agreement binds and benefits the Parties and their legal successors and
permitted assigns; however, this provision does not alter the restrictions on
assignment and disposal of assets set out in the following paragraph. This
Agreement does not create any personal liability on the part of any officer or agent
of the City.
5.17 BUSINESS STRUCTURE AND ASSIGNMENTS
5.17A Contractor shall not assign this Agreement at law or otherwise or dispose of all or
substantially all of its assets without the Director's prior written consent. Nothing
in this clause, however, prevents the assignment of accounts receivable or the
creation of a security interest under Section 9.406 of the Texas Business &
Commerce Code. In the case of such an assignment, Contractor shall immediately
furnish the Director and CPO with proof of the assignment and the name,
telephone number, and address of the Assignee and a clear identification of the
fees to be paid to the Assignee.
5.17.2 Contractor shall not delegate any portion of its performance under this Agreement
without the Director's prior written consent.
5.18 REMEDIES CUMULATIVE
5.18.1 Unless otherwise specified elsewhere in this Agreement, the rights and remedies
contained in this Agreement are not exclusive, but are cumulative of all rights and
remedies that exist now or in the future. Neither Party may terminate its duties
under this Agreement except in accordance with its provisions.
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5.19 CONTRACTOR DEBT
5.19.1 IF CONTRACTOR, AT ANY TIME DURING THE TERM OF THIS AGREEMENT,
INCURS A DEBT, AS THE WORD IS DEFINED IN SECTION 15-122 OF THE
HOUSTON CITY CODE OF ORDINANCES, IT SHALL IMMEDIATELY NOTIFY
THE CITY CONTROLLER IN WRITING. IF THE CITY CONTROLLER BECOMES
AWARE THAT CONTRACTOR HAS INCURRED A DEBT, HE OR SHE SHALL
IMMEDIATELY NOTIFY CONTRACTOR IN WRITING. IF CONTRACTOR DOES
NOT PAY THE DEBT WITHIN 30 DAYS OF EITHER SUCH NOTIFICATION, THE
CITY CONTROLLER MAY DEDUCT FUNDS IN AN AMOUNT EQUAL TO THE
DEBT FROM ANY PAYMENTS OWED TO CONTRACTOR UNDER THIS
AGREEMENT, AND CONTRACTOR WAIVES ANY RECOURSE THEREFOR.
CONTRACTOR SHALL FILE A NEW AFFIDAVIT OF OWNERSHIP, USING THE
FORM DESIGNATED BY CITY, BETWEEN FEBRUARY 1 AND MARCH 1 OF
EVERY YEAR DURING THE TERM OF THIS AGREEMENT.
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EXHIBIT "A"
DEFINITIONS
In addition to the words and terms defined elsewhere in this Agreement, the following terms have
the meanings set out below. When not inconsistent with the context, words used in the present
tense include the future, words used in the plural number include the singular number, and words
in the singular include the plural. The word "shall" is always mandatory and not merely permissive.
As used in this Agreement, the following terms have the meanings set out below:
1. "Agreement" means this contract between the Parties, including all exhibits and any
written amendments authorized by City Council and Contractor.
2. "Business Day" means any calendar day except Saturdays, Sundays and full -day holidays
for employees of the City (as designated by City Council).
3. "Chief Procurement Officer" ("CPO") means the Chief Procurement Officer of the City of
Houston, as set forth in Chapter 15 of the Houston Code of Ordinances.
4. "City" is defined in the preamble of this Agreement and includes its successors and
permitted assigns.
5. "City of Houston Normal Business Hours" shall mean 8:00 a.m. to 5:00 p.m., Monday to
Friday, except on days which are considered City holidays.
S. "Contract Award Notice" means the official notification substantiated by the "Notice -to -
Proceed" and issued by the Chief Procurement Officer to the Contractor.
7. "Contract Charges" means charges that accrue during a given month as defined in Article
3.
8. Contract Technical Representative" (CTR) shall mean the representative of the Director
of the appropriate department assigned to verify services invoiced, maintaining records of
available funds, complying with the terms of the contract, reviewing the contract at the
time of renewal, and administering the day-to-day activities of the Contract.
9. "Contract Term" is defined in Article 4.
10. "Contractor" is defined in the preamble of this Agreement and includes its successors and
assigns.
11. "Contractor's Standard Business Hours" shall mean the daily eight (8) hour period Monday
through Friday, which the Contractor has established as their normal business day.
12. "Council Motion or Ordinance" shall mean the Official Document passed by the Governing
Body designating award(s) and directing the Chief Procurement Officer to issue a "Notice -
to -Proceed."
13. "Countersignature Date" means the date shown as the date countersigned on the
signature page of this Agreement.
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14. "Director" means the Director of the City of Houston Public Works or such other person as
he or she designates.
15. "Documents" mean notes, manuals, notebooks, plans, computations, computer databases
and diskettes, software, tabulations, exhibits, reports, underlying data, charts, analyses,
maps, letters, models, forms, photographs, the original tracings of all drawings and plans,
and other work products (and any modifications or improvements to them) that Contractor
prepares or provides under this Agreement.
16. "Effective Date" means the date this Agreement is countersigned by the City Controller.
17. "Established Contractor/Supplier" is defined as any bidder who engages in any practice
or trade, or method of dealing regularly in a place, vocation or trade as to justify an
expectation that the bidder can be expected to perform in a satisfactory manner with
respect to this contract.
18. "Governing Body" shall mean the Mayor and City Council of the City of Houston.
19. "Inspection" shall mean a visual examination of backflow-protection equipment, materials,
workmanship or portion thereof to verify installation and operational performance.
20. "Notice to Proceed" means a written communication from the Director or the CPO to
Contractor instructing Contractor to begin performance.
21. "Party" or "Parties" means one or all of the entities set out in the Preamble who are bound
by this Agreement.
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EXHIBIT "B"
SCOPE OF SERVICES
1.0 SCOPE OF WORK
1.1 The Contractor shall furnish all labor, supervision, personnel, management, parts,
tools, materials, equipment, supplies, tools, permits, transportation, and insurance
necessary for the lease of ice machines and/or combination ice machines / water
dispensers for use at various City facilities. The services to be provided include,
but are not limited to the furnishing of new ice machines and/or combination ice
machines 1 water dispensers, warranty, preventive maintenance services, repairs,
parts, delivery and pick-up, and the training of department personnel in the routine
daily maintenance procedures.
1,2 The lease of ice machines and/or combination ice machines 1 water dispensers
furnished shall be new, air cooled and meet all Environmental Protection Agency
(EPA) and Texas Commission on Environmental Quality (TCEQ) regulations. An
identification tag showing date of equipment manufacture of no more than three
months prior to the current date of installation must be securely fastened to the
equipment. If during the contract period an originally installed ice machine needs
to be replaced, ice machine MUST be replaced with equipment manufactured no
earlier than three months prior to the date of replacement. I.D. tags shall remain on
the equipment for the duration of the contract.
1.3 All ice machines and/or combination ice machines 1 water dispensers furnished
shall be under the City under terms of this contract. Equipment shall be approved
by NSF (National Sanitation Foundation) and certification of said approval is to be
attached to all machines supplied under this contract.
1 A All ice machines shall be capable of producing cubed ice.
1.5 All ice machines and/or combination ice machines / water dispensers shall have
an insulated stainless steel or plastic interior storage bin in accordance with Air -
Conditioning & Refrigeration Institute (ARI) standards. The units shall operate on
110 to 125 volts, except where the size of the ice machine dictates 208 to 230
volts.
1.6 Ice machines provided shall be capable of producing at full capacity under the
conditions of 90 degree ambient temperature and 70 degree water temperature.
1.6.1 Example (1)
A 500 lb, capacity ice machine must produce at least 500 lbs. of ice in a
twenty-four (24) hour period under the conditions of 90-degree ambient
temperature and 70 degree water temperature.
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1.6.2 Example (2)
A 2,000 lb. capacity ice machine must produce at least 2,000 lbs. of ice in
a twenty-four (24) hour period under the conditions of 90 degree ambient
temperature and 70 degree water temperature.
2.0 INSTALLATION OF ICE MACHINES,
2.1 Each ice machine and/or combination ice machines / water dispenser shall be
delivered, installed, and must be fully operational within sixty (60) days after notice
to proceed is issued by the Chief Procurement Officer. All machines added during
the term of the contract shall be delivered, installed, and fully operational within 15
days from receipt of the request from the City. The Contractor shall provide all
labor and materials necessary to complete the installation. The City shall provide
water, electricity, and drain lines to the immediate area where the ice machine shall
be installed.
2.2 For each machine installed, the Contractor shall provide two (2) suitable ice
scoops. If requested by the user department or division head, the Contractor shall
provide one (1) operation manual for each machine installed.
2.3 Relocation of an installed ice machine from the point of installation to a new
location shall be done as a turnkey operation to include labor, parts, materials,
transportation, etc.
2.4 All ice storage bins shall be made available with appropriate positive locking
mechanisms at no additional cost to the City if requested.
2.5 The Contractor shall agree to perform installation only upon receipt of duly signed
and approved work orders or Contract releases issued by the Chief Procurement
Officer. Installations made without such work order or Contract release shall be at
the Contractor's risk and shall leave the City the option of canceling any contract
implied or expressed herein.
2.6 All ice machines and/or combination ice machines / water dispensers equipment
must reflect a healthy and safe environment. The machines shall be made of
stainless steel or NSF approved equivalent, therefore no rusty equipment or
adverse conditions shall be tolerated at any time. This is the sole responsibility of
the Contractor. All service panels, hinges, doors, etc., must be properly secured
to the machine according to the manufacturer's specifications. All moving motor
parts, etc., must be secured behind original equipment panels that are fastened
securely to the ice machine.
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3.0 ICE MACHINE SPECIFICATIONS
3.1 Machines production must be in accordance with ARII standards.
(+ or -- 5%)
3.1.1 Machine produces minimum of 200 Pounds/24 hours
Factory Bins
3.1.2 Machine produces minimum of 250 Pounds/24 hours
Factory Bins
3.1.3 Machine produces minimum of 270 pounds124 hours
Factory Bins
3.1.4 Machine produces minimum of 290 pounds/24 hours
Factory Bins
3A .5 Machine produces minimum of 370 pounds/24 hours
Factory Bins
3.1.6 Machine produces minimum of 500 Pounds/24 hours
Factory Bins
3.1.7 Machine produces minimum of 750 Pounds/24 hours
Factory Bins
3.1.8 Machine produces minimum of 1,000 Pounds/24 hours
Factory Bins
3.1.9 Machine produces minimum of 2,000 Pounds/24 hours
Factory Bins
3.1.10 Counter -type model; ice maker/water dispenser, 270. lb Cubelet-Style, air-
cooled, self-contained condenser, approximately 282 lbs. ice production
w/8/8 lb. built in storage. The machine must provide push button operation
with a stainless steel bin and exterior, protected with HoshiGuard
antimicrobial agent, approx. 4" legs, 115v/60/1-ph, 8-5 amps.
3.1.10.1 The counter —type model must be installed on an equipment
stand, for Ice maker/dispensers, cabinet base with locking door,
stainless steel, corrosion resistant exterior, flat top with flanged
legs; for use with model 270. (EXAMPLE: DCM-270BAH OR
EQUAL)
3.1.11 The Crescent cuber icemaker, air-cooled, built in storage bin, 290-lb., up
to 290-lbs. of ice produced per 24 hours, up to 100-lbs. of built-in storage
capacity, produces crescent shaped ice cubes, ice bin opening is ADA
complaint, 115v/1-ph, 8.4 amps.
4.0 SUBSTITUTIONS
4.1 The Contract specifications refer to eight (8) different size of ice machines; 200
pounds, 250 pounds, 270 pounds, 370 pounds, 500 pounds, 750 pounds, 1,000
pounds, and 2,000 pounds. It is possible to select two (2) machines to accomplish
the capacity of one (1) machine but not the use of three (3) or more.
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4.1.1 EXAMPLE:
To obtain a 2,000 pound capacity machine, it is possible to provide two
(2) 1,000 pound machines. HOWEVER: Two (2) 250 pound machines
and one (1) 500 pound machine to obtain 1,000 pound capacity is NOT
acceptable.
6.0 TITLE AND RISK OF LOSS
6.1 Title and risk of loss for ice machines on monthly rental basis shall remain with the
Contractor at all times throughout the term of the contract.
6.2 Date of acceptance means the date the ice machine is delivered, installed, and
fully operational.
7.0 PREVENTATIVE & REMEDIAL MAINTENANCE,
7.1 The Contractor shall be responsible for remedial and preventative maintenance on
all ice machines and/or combination ice machines I water dispensers under the
contract. The maintenance program shall include but not be limited to cleaning the
machine on the outside, cleaning the internal operating mechanism, and checking
the electrical operation. The Contractor shall provide the parts and labor to repair
the ice machines during the contract period. Timely correction of defects by repair
or replacement shall constitute fulfillment of all maintenance obligations on the part
of the Contractor. Filters are required and must be replaced and maintained by
the Contractor. The monthly rental price shall include: delivery, set-up, and
preventative and remedial maintenance services. All technicians must have
departmental signofF on the work orders for preventative maintenance by
designated department representative.
7.2 Upon receipt of the "Notice to Proceed" and the installation of each machine, the
contractor shall provide a schedule to the department detailing the day(s) and
approximate time(s) of its monthly preventative maintenance visit(s). The schedule
time(s) shall be in coordination with the time(s) available with the user department.
Preventative maintenance calls should be scheduled 24 hours in advance by the
user department.
7.3 The Contractor shall be required to make at least one (1) preventative
maintenance inspection visit per month for machines in non -air conditioned
locations. These are the ice machines that are located in a non -temperature
controlled environment/ outside or in a warehouse.
7.4 The Contractor shall make at least one (1) preventative maintenance inspection
visit on a quarterly basis for machines in air conditioned locations. These are the
ice machines that are located in a temperature controlled environment/ inside.
7.5 PREVENTIVE MAINTENANCE IS CONSIDERED A VERY IMPORTANT PART
OF THIS CONTRACT. FAILURE TO MEET THE ABOVE REQUIREMENTS IS
JUST CAUSE FOR TERMINATION OF THIS CONTRACT.,
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8.0 REPAIR AND REPLACEMENT OF ICE MACHINES
8.1 The Contractor shall repair all ice machines within 24 hours after arrival at the site.
If the Contractor fails to return an ice machine to its fully operational capacity within
24 hours, the Contractor shall replace it with a new machine within 48 hours of the
original service call.
8.2 if the City has to secure ice from a third party as a result of equipment failure, the
Contractor shall be responsible for the costs incurred, including incidental and
consequential damages. The Contractor shall make service calls during
operational hours of City work sites that are operational twenty-four (24) hours a
day, weekends, and holidays. The Contractor shall provide phone number(s) and
contact person(s) for both routine and twenty-four (24) hour service.
9.0 PERSONNEL QUALIFICATIONS
9.1 The Contractor shall provide only qualified personnel with experience in the
assigned tasks. The Contractor is responsible for ensuring that certified trained
personnel and necessary materials, tools, equipment and supplies shall be
available to meet the service requirements of this Agreement. The Contractor may
change personnel only with equally certified personnel and with Director's
approval. Contractor shall furnish documentation that includes assigned
personnel's qualifications and certifications. The Director shall have the authority
to instruct the Contractor to remove unsatisfactory personnel from performing work
on this contract for just cause. The Director's decision shall be final in all cases.
10.0 RESPONSE TO SERVICE CALLS
10.1 It is the intent of this contract to minimize the need for emergency work through
periodic scheduled maintenance. The Contractor shall maintain an ability to make
a "proper response"
to a service call at any time of the day or week. To make a
"proper response" to a service call, the Contractor shall: (1) arrive at the site within
a maximum of six hours from the time a call is received, (2) inspect equipment to
identify the problem, (3) identify a repair plan, (4) actually begin repairs, and (5)
complete repairs within a reasonable time to restore the ice machine to its
operating capacity of ice cube production per twenty-four hour period. The mere
presence of the Contractor on the site shall not constitute "proper response" to a
service call.
11.0 ENGINEERING REPORT
11.1 The Contractor is required to submit published manufacturer's specification sheets
and production charts that certify the amount that each ice machine produces
under the conditions of 90 degree ambient temperature and 70 degree water
temperature and ARI manuals for each ice machine shall be provided.
11.2 Any additional specification shall in no way change, alter or delete the normal and
required maintenance and warranty of the ice machines as stated in this
Agreement under specifications "Maintenance and Warranty".
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11.3 The City reserves the right to inspect and approve all ice machines proposed prior
to delivery.
11.4 In order to effectuate a successful transition from one Contractor to another, at
the end of this Contract term, the current Contractor agrees to leave its machines
in place and service the machines in accordance with the Contract specifications
for a maximum of ninety (90) days after "Notice to Proceed" is given on the new
Contract.
12.0 TOOLS. MATERIALS, SUPPLIES, AND EQUIPMENT
12.1 The Contractor shall furnish all tools, materials, parts, supplies, and equipment
necessary to perform maintenance, repair, and testing of ice machine units
services at no additional cost to the City. All supplies shall be of the quality
necessary to fulfill the intended purpose of the product. The Contractor shall
provide and maintain tools, machines, and equipment necessary to perform the
work as specified. All equipment must be maintained in a first-class working
condition satisfactory to the Director. The Contractor shall use all tools, materials,
supplies and equipment in accordance with the manufacturer's instructions.
12.2 The City shall not be held liable for any loss, breakage, or damage which may
result to tools, equipment, materials, or supplies which the Contractor may be
using in the areas serviced.
13.0 WORKING HOURS
13.1 Working hours shall be defined as Monday through Friday, business hours of 8:00
a.m. to 5:00 p.m.
13.2 All rates shall be per the contract Fee Schedule (Exhibit "F).
14.0 WORK VERIFICATION
14.1 When scheduled for work, the Contractor's personnel shall check in at the offices
of the Facility Managers. The Contractor shall present daily work orders or
schedule. At that time, additional instructions, if any, will be provided by the Facility
Managers. When the work is completed, or upon cessation of work, the Contractor
shall return to the Facility Manager and complete the City Service Log describing
services and procedures utilized for the schedule work with appropriate follow-up
actions if needed. The Facility Manager shall verify and approve the City Service
Log (CSL) and the Contractor's work order. A copy of the signed log and work
order, with approval signature and employee ID number, shall be submitted with
the Contractor's invoice for payment. Invoices submitted without the appropriate
City log and work order approval shall not be processed for payment until proper
documentation is received. Contractor shall send separate invoices to the
individual Facility Managers as requested by Department staff.
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15.0 CONTRACTOR PROJECT MANAGER
15.1 The Contractor shall designate in writing to the user department Director or
designee, a Project Manager to be approved by the Department prior to start of
Work under the Contract. The Contractor's Project Manager shall have full
authority to represent the Contractor in making decisions and in the execution of
the services to be performed under the Agreement. The Contractor shall provide
the Director with the business and after hour's phone number of the Project
Manager. The Contractor shall provide a toll free telephone number if the Project
Manager resides outside of the 713, 281, 832, or 346 area codes. The Contractor
shall provide a dedicated and qualified Project Manager who is skilled and
experienced in the maintenance, repair, and testing of emergency power units
identified in the Agreement, who will serve as the main point of contact for the
Contractor. The Project Manager shall be available to be on -site at all times during
the performance of maintenance, repair, and testing of emergency power units
services and to provide the level of supervision necessary to ensure full
compliance with the Contract specifications.
16.0 CONTRACTOR UNIFORMS
16.1 The Contractor's personnel shall present a clean and neat appearance. The
Contractor's personnel shall wear a Contractor furnished photo badge, uniform
with Contractor's company name and the employee's name clearly displayed. The
Contractors vehicles shall be clearly marked with their company logo. The
Contractors personnel shall sign in and out at all manned facilities and comply with
all security requirements at each facility department.
17.0 CALL -OUT AND MILEAGE CHARGES
17.1 Contractor shall not charge the City for any Call -Out and/or Mileage Charges,
which shall include routine preventative maintenance and repair services.
Contractor shall only charge the City at the rates defined within the contract Fee
Schedule (Exhibit F).
18.0 COMPUTER MAINTENANCE MANAGEMENT SYSTEM (CMMS) COMPLIANCE
18.1 The City of Houston General Service Department (GSD) utilizes a Computer
Maintenance Management System (CMMS) to monitor and track all work progress,
to better manage finances and to create reporting documents for senior leadership.
The City captures this important information through the use of work orders. The
current CMMS which is known as the Sprocket Work Order System (SWOS).
18.2 GSD may choose at any time to implement a program requiring the selected
contractor to utilize the Sprocket Work Order System (SWOS) to execute all work
performed for the City of Houston General Services Department (GSD).
18.3 All work will be transmitted from the GSD to the Contractor through the CMMS
system and the Contractor shall monitor, execute and field close work orders with
all pertinent information including initial response date (not applicable to PM work
orders), field completion date, total job cost billed to the City (includes labor and
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materials used to complete a specific work order that is above and beyond the
scope included in fixed contract with City), invoice number, and a brief description
of the work performed.
18.4 GSD may provide additional parameters for report formatting at any time.
18.5 The Contractor shall bill all work for payment using standard billing practices
described in Section 32.0 (Invoicing).
18.6 GSD internal expenditure control policy are as follows:
18.6.1 Work orders with a cost estimate less than $3,000,00, and approved by a
GSD Representative can be executed against Service Release Order
(SRO number) upon approval.
18.6.2 Jobs exceeding $3,000.00 shall require a written estimate and the issuing
of a Purchase Order (PO) number before the work order can be executed
by the contractor.
18.6.3 Emergency Purchase Orders (EPO) can be executed upon verbal approval
by a GSD Representative regardless of cost.
18.6.4 Work orders shall not serve as invoicing documents for the contractor.
Payments shall only be made as described in Section 32.0 (Invoicing).
18.6.5 Work orders are to be field closed electronically upon completion to
maximize accuracy to enable GSD managers to provide real-time reporting
to upper management.
18.6.6 GSD will provide Contractor with the following:
18.6.6.1 One (1) Sprocket user license.
18.6.6.2 Initial Sprocket configuration setup.
18.6.6.3 Three (3) hours of basic SWOS training by GSD employees at
no cost to the Contractor.
18.6.6.4 Additional user licenses are optional, but cost for these must be
purchased by the Contractor.
18.6.6.5 The cost for additional user licenses is $420.00 for one-year.
19.0 TEXAS DRIVER'S LICENSE
19.1 The Contractor's employees performing the work for the City must possess a valid
Texas driver's license for the type of vehicle or equipment operated. Contractor
shall ensure employees meet this requirement.
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20.0 CONTRACTOR'S FINANCIAL OBLIGATION
20.1 The Contractor shall make timely payments to all persons supplying labor and
materials or furnishing it with any equipment in the execution of the Contract.
21.0 SECURITY REQUIREMENTS FOR THE HOUSTON AIRPORT SYSTEM FACILITIES
21.1 All Contractor personnel performing Work under the Agreement will be required to
have a 10-year security background check. Contractor shall provide, at its
expense, Airport security -approved clearance for each individual assigned to
provide service under the Contract.
21.2 Special clearances that may be required by the FAA or other federal agencies must
be provided by Contractor at its expense.
21.3 Certain locations require the Contractor to provide services of ice machines in U.S.
Government "sterile areas" controlled by both Immigration and Naturalization
Services and Federal Inspection Services. Authorization to enter these areas is
issued by U.S. Customs in the form of a special sticker affixed to a Department of
Aviation badge. The Contractor shall provide to U.S. Customs all required
clearances and checks to obtain these authorizations at the Contractor's expense.
21.4 The Contractor shall arrange access to each building or area serviced with the
Houston Airport System (HAS) Facilities Administration Section at each Airport.
21,5 The Contractor shall conform to HAS security requirements even though the
requirements and costs may change from time to time.
22.0 AIRPORT OPERATIONS AREA (AOA1 POLICY
22.1 The Contractor's personnel and vehicles shall not be allowed within the Airport
Operations Area (AOA), which includes the ramp area and aprons, unless
authorized by the Director and escorted by authorized City personnel. The
Contractor shall not move any Contractor owned vehicles on and off aprons or
within the AOA without a HAS escort.
22.2 Airport Security: The Contractor's services shall be performed in accordance with
the Transportation Security Administration (TSA), Federal Aviation Administration
(FAA), and any other governmental agency security directives, rules, and
regulations. The FAA and/or the TSA may assess fines and/or penalties for the
Contractor's non-compliance with the provisions of Title 49 Code of Federal
Regulations (CFR), Parts 1540 and 1542, as amended from time to time, or by
other agencies for non-compliance with laws or regulations applicable to the
Contractor's operations. Within 10 days of notification in writing, the Contractor
shall reimburse the City for any fine or penalty assessed against the City because
of Contractor's noncompliance with 49 CFR 1540 an d1542 or other applicable
laws or regulations.
22.3 Badging: George Bush Intercontinental Airport (IAH), William P. Hobby Airport
(HOU) , and Ellington Airport (EFD): Contractor shall comply with all applicable
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Federal rules governing security at the Airports, as may be amended from time to
time.
22.4 All on -site personnel of the Contractor, including subcontractors, who perform
services under the Agreement, shall be required to undergo a fingerprint -based
criminal history records check. Fingerprints are collected at the Airport Badging
Office and submitted electronically for investigation.
22.5 The Contractor shall obtain HAS security badges for its personnel performing
services on -site, including its sub -contractor's personnel. On -site personnel shall
wear identification badges at all times while on Airport property. The cost of the
badges, which is subject to change, is currently $55.00 each at (lAH) and (HOU).
Costs for the fingerprint -based criminal history checks are reflected in the cost of
the badges. The Contractor is responsible for the cost of badges, including
replacements thereof. Contractor's personnel will be charged for replacement
badges at the current rate. Yearly badge renewal cost is $16.00 each.
22.6 The Contractor acknowledges that fines or penalties associated with non-
compliance with security regulations must be reimbursed to HAS.
22.7 Airport Customs Security Area Bond: The Contractor shall obtain an Airport
Customs Security Bond in order to have access to the Federal Inspection Station
(FIS) at the George Bush Intercontinental Airport (IAH). The bond amount is
determined by calculating $1,000.00 by the number of employees needed to
provide the service.
(Example: 10 Employees = Bond Amount of $10,000.00
23.0 SECURITY REQUIREMENTS FOR THE GENERAL SERVICES DEPARTMENT
23.1 The General Services Department requires that all contractor personnel pass the
background check for badging. Upon the completion of the background check, all
contractors' employees and sub -contractors shall be required to obtain a City of
Houston Contractors Badge from the General Serveries Department's Security
Office located at 611 Walker Street, Houston, TX. Time and scheduled hours will
be provided.
24.0 SECURITY REQUIREMENTS FOR HOUSTON PUBLIC WORKS
24.1 The Contractor agrees to strictly abide by all security and safety regulations
issued by the City as stated below.
24.2 All Contractor personnel and subcontractors must be a U.S. Citizen or have a
legal work permit. Each employee of the Contractor shall be required to present
a valid unexpired U.S. state driver's license or photo identification card. A U.S.
issued resident alien card, with photo, passport, or other U.S. state or U.S.
federal photo documentation is acceptable to present for identification
purposes. It is the responsibility of the Contractor to immediately inform the
City of any personnel changes.
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24.3 The COH/HPW Houston Water Security Group shall also conduct a criminal
background check (at no cost to the Contractor) on all Contractor and
subcontractor personnel assigned to work at any Houston Water site. The
Contractor shall contact the security manager at the HPW Houston Water Security
Group during normal business hours (8:00 am to 5:00 pm, M-F) to coordinate
completion of criminal background checks.
24.4 The Contractor shall agree to completion of the City's Disclosure and Consent for
Release of Information and any other documentation necessary to complete
criminal background checks.
24.5 All Contractor personnel without current identification cards shall be stopped by
COH personnel and/or security personnel and shall not be given access to any
COH/HPW Houston Water facility. All construction personnel must show a valid
identification card at the entrance gate and upon request while working on site.
25.0 SECURITY REQUIREMENTS FOR HOUSTON POLICE DEPARTMENT LOCATIONS
25.1 All personnel assigned to Houston Police Department (HPD) locations must
comply with background check requirement in accordance to Section 26.0.
25.2 A security background check shall be required for each Contractor employee
assigned to work at these facilities. The results of background checks shall be
submitted to the General Services Department's designated representative for
approval prior to employee reporting to a Police Department location. Any and all
costs associated with the background check shall be the responsibility of the
Contractor. HPD also has the option to perform its own background check.
26.0 SECURITY REQUIREMENTS FOR HOUSTON POLICE DEPARTMENT FACILITIES
26.1 The Houston Police Department requires contractors to comply with the Criminal
Justice Information System (CJIS) Contractor Certification. For a full description of
Criminal Justice Information System (CIJS) requirements, please go to
www.houstontx.qov/oolice/ciis/hDdvendorcertification.htm.. For questions please
contact the Houston Police Department CJIS Compliance Unit at (713) 308-9080
or by email: CCU(@Houstonoolice.oro.
27.0 SECURITY REQUIREMENTS FOR NON-HOUSTON POLICE DEPARTMENT
FACILITIES
27.1 All personnel shall be subject to a security background check and a condition of
assignment to any City of Houston facility. The results of the background check
shall be submitted to the facility Supervisor in charge,
27.2 All cost associated with the background check shall be the responsibility of the
Contractor.
27.3 The Facility Supervisor in charge shall have the authority to instruct the Contractor
to remove undesirable personnel for just cause.
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27.4 The decision by the Director and or the designee shall be the final in all cases
involving removal of contract personnel from preforming work herein specified.
27.5 The Contractor shall comply with all building security measures as they pertain to
each facility.
27.6 The Contractor shall be responsible for training of staff and sub -contractors in the
security measures pertaining to these facilities.
28.0 SUBCONTRACTORS
28.1 The Contractor shall manage, control and be responsible for all the Work
performed by its Subcontractors/Agents. A complete list of all subcontractors shall
be submitted to the Director for approval prior to Subcontractor/Agent commencing
work. The Contractor shall replace any of its personnel or subcontractors whose
work product is deemed unsatisfactory by the Director and/or designee.
29.0 CONTRACTOR BASE OFFICE
29.1 The Contractor shall provide a phone number or phone numbers at which
Contractor or a designated agent of the Contractor with supervisory authority may
be reached on a 24-hour, 7-day week basis.
30.0 OTHER CONTRACTS
30.1 The City reserves the right to enter into other contracts in connection with ice
machine rental services as may be deemed necessary. The Contractor will be
informed of contracts that may interfere with its work. The Contractor, in carrying
out the performance of the Contract, shall avoid all unreasonable interference with
the work under these contracts, and shall where required, make adjustments or
changes in operations to facilitate or permit the other Contractors to accomplish
their work.
31.0 TRANSPORTATION AND PARKING
31.1 The Contractor shall furnish all necessary transportation required to perform the
Work. The Contractor is granted the right to use designated vendor parking areas
while performing the Work, where available. The Contractor's vehicle(s) shall be
clearly marked with the Contractor's name on each side of the vehicle. Magnetic
signs are acceptable for this purpose. Vehicles used must also be identified in
accordance with State and local regulations. All vehicles used by the Contractor's
personnel in their routine duties shall be registered with the Director.
32.0 INVOICING
32.1 The Contractor shall invoice the City and the City shall make payment in
accordance with Section 14.0, Work Verification, of this Agreement. Contractor
invoices for those costs specified in the Contract Fee Schedule must include
itemization justifying the amounts as invoiced. Separate invoices for each facility
must be provided. The itemization shall be in accordance with the Contract Fee
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Schedule and shall include, but is not be limited to the following:
32.1.1 Each invoice (in duplicate) shall be delivered, mailed or emailed to the
individual facility managers of each department. The Contractor is
responsible to verify the departments correct mailing address.
32.1.2 Invoices must be submitted in duplicate with copies of the Contractor's
daily work orders attached which have been approved by the Facility
Manager or designee.
32.1.3 Invoices submitted for services performed as the result of Change Order
shall require that copies of the applicable Change Order also be attached
to the original and one (1) invoice copy.
32.1.4 Invoices submitted for services that are performed as the result of Other
Work/Services must also include copies of Director's written request for
the services and any additional supporting documentation required for
the services provided.
32.1.5 Other information or details as may be requested or specified by the
Director.
32.1.6 Each invoice must contain, in addition to the above, the five digit Systems
Applications and Products (SAP) Contract Number and Service Release
Order (SRO) number assigned by the City Controller's Office to the
specified contract services; a complete description of the services
provided (and complete contract name); and the Contractor's contact
person for invoice irregularities.
32.1.7 Invoice addresses for the various departments are as follows:
32.1.7.1 Houston Public Works (HPW) Invoicina Address: The
Finance Department will accept invoices submitted
electronically along with required supporting information
(Purchase Order, Outline Agreement number, line item,
quantity, pricing, etc.). Multiple invoices can be submitted in
a single e-mail.
City of Houston
Houston Public Works
Finance Business Office
Contracts
P.O. Box 3685
Houston, TX 77251-3685
— Accounts Payable Service
Requirements are as follows:
Submit to: finaccountsr)avable ...houstontx.aov
Submit invoices in "PDF" format
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32.1.7.2 General Services Department (GSD): The Contractor shall
submit along with their monthly invoice for each GSD
managed facility documenting the number of ice machine
rental services provided. The contractor shall mail all
approved invoices to:
City of Houston
General Services Department
Accounts Payable
PO Box 61189
Houston, TX 77208-1189
psdpavables(@houstontx.0ov
32.1.7.3 Houston Airport Svstem (HAS): The Houston Airport
System will accept invoices submitted electronically along
with required support information; such as Contract
Number(s), Service Release Order Number(s) and
etc. Each invoice shall be in "PDF" format. Multiple
invoices can be submitted in a single email.
32.1.7.3.1 Requirements are as follows:
32.1.7.3.1.1 Submit invoices in "PDF" format.
32.1.7.3.1.2 Submit to
has. accountspavable(a7.houstontx.aov,
32.1.7.4 Houston Parks and Recreation Department:. Parks and
Recreation Department, 2999 S. Wayside, Gragg Building,
Accounts Payable Division - Attn: Gina Singleton, Houston,
TX 77023
32.1.7.5 Fleet Management Department: Fleet Management
Department, Finance Business Office, Accounts Payable,
PO Box 3685, Houston, TX 77251-3685
32.1.7.6 Solid Waste Management Department: Solid Waste
Management Department, Attn: Randy Tims, PO Box 1562,
Houston, TX 77251-1562
e-mail: SWDAccountpayable@houstontx.gov
32.1.7.7 Houston Information Technoloqv Services: Houston
Information Technology Services, Finance Business Office,
Accounts Payable, PO Box 3685, Houston, TX 77251-3685
32.1.7.8 Houston Police Department: Houston Police
Department, Budget & Finance/Accounts Payable, Attn:
Ellen Lopez, 1200 Travis, 171h Floor, Houston, TX 77002
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32.1.7.9 Department of Neighborhoods: Department of
Neighborhoods, 901 Bagby, 4th Floor, Houston, TX
77002
32.1.7.10 Legal Department: Legal Department, Accounts
Payable, PO Box 368, Houston, TX 77001
e-mail: lglaccountspayable@houstontx.gov
32.7.1.11 Mavors Office: Mayors Office, Finance Business Office,
Accounts Payable, PO Box 1562, Houston, TX 77251
32.7.1.12 Controllers Office: Controllers Office, 901 Bagby, V11
Floor, Houston, TX 77002
33.0 CHARGES
33.1 Charges for services provided under the Contract shall be in accordance with the
prices/rates shown in the Contract Fee Schedule and in such form as may be
requested or specified by the Director.
33.2 Contractor shall accept the following types of payments.
33.2.1 Purchase Order
• 33.2.2 Service Release Order (SRO).
33.2.3 Emergency Purchase Orders (EPO)
33.2.4 P-Card
34.0 INSPECTIONS
34.1 The Director shall have the right to conduct inspections on all equipment,
materials, supplies and tools furnished, all records and logs, and all work
performed under the Agreement without prior notice to the Contractor. Equipment,
tools, materials, supplies, and services that do not conform to the specifications of
this Contract may be rejected. It is the contractor's responsibility to maintain the
equipment, materials and tools provided for all aspects of the services being
provided hereunder, consistent with applicable State, Federal, environmental,
safety and health codes, guidelines and regulations.
34.2 All work performed by the Contractor, which upon inspection by the Director, is
found to be faulty, incomplete, or does not meet the specifications of this
Agreement, shall be corrected by the Contractor. The whole expense of these
corrections shall be at the expense of the Contractor. The Director reserves the
right to stop the work covered under this Agreement at any time it has deemed the
Contractor is unable or incapable of performing the services satisfactorily. In the
event of such stoppage, the Director shall have the right to arrange for the
completion of the services in such manner as it deems advisable, and if costs of
doing so exceeds the bid amount, the successful Contractor shall be liable to the
City of Houston for any such costs on account thereof.
Legal Dept. Rev. 08-17-2021
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DocuSign Envelope ID: 87A54239-4FC2-4485-ABE5-520CEAB52A81
34.3 A written report of the results of the inspection and recommendations will be
forwarded to the Contractor and shall require the Contractor to take immediate
action. Contractor shall correct the deficiency and respond in writing stipulating
the corrective action(s) taken within 10 days unless otherwise authorized by the
Director. The Director will determine responsibility for any deficiencies identified
through an inspection.
35.0 DISPUTES
35.1 In all cases of misunderstanding and disputes, verbal arrangement will not be
considered binding and Contractor shall produce written documentation in support
of its contentions. The decision of the Director shall be final.
36.0 SUBCONTRACTORS
36.1 The Contractor may use only subcontractors approved by the Director in
connection with the performance of work under the Agreement, and the Contractor
shall be completely responsible to the City for such subcontractors and their acts
and omissions to the same extent as if there were no subcontractors.
37.0 DAMAGE TO CITY PROPERTY
37.1 The Contractor shall be responsible for the repair and cost thereof, of all damages
to City property caused by carelessness or neglect on the part of the Contractor,
its agents, or employees.
38.0 SAFETY
38.1 The Contractor shall not require any person employed in the performance of the
Agreement to work in surroundings or under working conditions which are
unsanitary, hazardous, or dangerous to their health or safety, or contrary to any
provision of the Occupational Health and Safety Administration Standards for the
products being used (OSHA).
38.2 The Contractor shall be completely familiar with, and shall enforce all City, State
of Texas and Federal OSHA regulations and requirements as applicable for
services performed under the Agreement, including but not limited to the following:
38.2.1 The Contractor's personnel shall wear applicable personal protection
equipment at all times.
38.2.2 The Contractor's personnel operating equipment and/or handling materials
shall be fully trained in the safe operation of the equipment or materials.
38.2.3 The Contractor's personnel shall follow and apply safety practices
prevailing in their industry.
38.3 The Contractor shall develop, implement and maintain an on -going safety
Legal Dept. Rev. 08-17-2021
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DocuSlgn Envelope ID: B7A54239-4FC2-4485-ABE5-520CEAB52A81
program concerned with equipment, maintenance work, and related
procedures. Safety warnings shall be posted on equipment as necessary
to ensure safe operations. Equipment shall never be installed, tested or
operated in an unsafe condition.
38.4 The Contractor shall be responsible for the proper operation and
maintenance of all safety equipment associated with the maintenance,
repair, and testing of emergency power units.
39.0 INCREASE OR DECREASE OF WORK
39.1 The City has the right to increase or decrease the number and/or frequency of
Basic Services; the costs from the Contract Fee and Costs Schedule shall be used
to determine the increase or decrease in cost. If costs are not provided, costs will
be as mutually agreed upon between City and Contractor.
40.0 NOTICE TO PROCEED REQUIREMENTS
40.1 Within thirty (30) days after the NTP, the Contractor shall certify to the Director
and/or designee in writing that 100% of the Contractor's employees (fully trained
and experienced) necessary for the effective and timely accomplishment of the
Contractor's obligations under this specification are in place, and all Sub -
Contractors, if any, necessary for the effective and timely performance of the
Contractor's obligations under this specification have been engaged by the
Contractor and have commenced work under their respective subcontracts.
41.0 PRE -PERFORMANCE CONFERENCE
41.1 Subsequent to contract approvallexecution, the Contractor(s) shall be required to
attend a performance conformance. The Strategic Procurement Division or the
primary user department will host the pre -performance conference. The purpose
of the pre -performance conference is for the contractor to introduce his or her
project manager to the City staff and for City staff to introduce the contract end -
users, contract compliance and accounts payable representatives. Items to be
addressed shall include, but are not limited to, the following:
41.1.1 Start-up and phase -in and performance schedule
41.1.2 Contract administration
41.1.3 Facilities utilization
41.1.4 Channels of communication
41.1.5 Procedures to be used to ensure Contract requirements are met to meet
all the requirements of the Contract.
Legal Dept. Rev. 08-17-2021
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DocuSign Envelope ID: B7A54239-4FC2-4485-ABE5-520CEAB52A81
42.0 TRANSITION PHASES
PHASE -IN SERVICES (All Unit[Sites listed for Services):
Contractor shall provide phase -in and phase -out services as follows:
Contractor (Successor) Phase -In
• In order to accomplish a smooth and successful transition of services and
at no extra charge to the City, the Contractor shall provide Phase -in
services for up to sixty (60) work days prior to Agreement expiration.
• Contractor Phase -In period begins upon receipt of a "Start Phase -in Notice"
from the City and continues until receipt of "Official Notice to Proceed"
(Start Date of the Contract). The "Start Phase -in Notice" is different than
the official Notice to Proceed. Contractor shall have no responsibilities in
providing services during the Phase -in period.
• During the phase -in period, the Contractor shall have access to the facilities
and areas covered by the Agreement.
• The Contractor shall perform the duties and services listed in its contract
during the Contractor Phase -In period and will be accessible during the
phase in period to answer questions and resolve issues or any
misunderstandings.
• The Contractor shall provide during Phase -in period the following
deliverables, including but not limited to:
o Review of services, locations, etc.
o Arrange for security approval, access, badging, etc.
o Establish management procedures, set up records
o Prepare for providing services without disruption of operations
o Coordinate Contractor's activities with all departments
o Provide City departments with contact names, phone numbers,
emergency phone numbers, etc.
o Listing of Contractor equipment, personnel, and training
o Reporting and approach plans
a Obtain any required permits, licenses, and certifications
The Phase -in period will end at issuance of the official Notice to Proceed, at which time
Contractor shall assume full responsibility for providing specified services. The Contractor
shall be prepared to perform fully all Work services upon receipt of notification to precede
document from the City.
Contractor Phase -Out Services
Two (2) months prior to expiration of the Agreement, the Contractor shall submit a
comprehensive close-out plan which will include a complete list of current
containerslcompactors, projected activities scheduled, and a summary of the last
12 months of monthly reports.
The services provided by the Agreement are vital to the City's overall efforts to
provide efficient operations. Contractor shall maintain continuity of services at a
consistently high level without interruption. Within 30 days of the expiration of the
Legal Dept. Rev. 08-17-2021
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DocuSign Envelope ID: 67A54239-4EC2-4485-ABE5-520CEAB52A81
Agreement contractor shall work with a successor regarding phase -in training.
Contractor shall cooperate fully with the successor in order to effect an orderly and
efficient transition.
Accordingly, Contractor shall provide phase -out services to its successor for up to
thirty (30) days prior to Agreement expiration, at no extra charge to City.
Orientation must include service procedures, record keeping, reports, etc.
Contractor shall be responsible for providing the services under the Agreement
during the phase -out period.
43.0 CONTRACT COMPLIANCE
43.1 The City reserves the right to monitor this contract for compliance to ensure legal
obligations are fulfilled and acceptable levels of service are provided. Monitoring
may be take the form, but not necessarily limited to inspection, testing, and/or
sampling of goods delivered or to be delivered; review of deliveries received for
accuracy and timeliness; Review of suppliers invoices for accuracy; review of
certification and/or licenses; and site visits.
43.2 The primary responsibility for monitoring compliance rests with the Contract
Compliance Section, Management Support Branch of the Office of the Director,
Houston Public Works.
44.0 SITE VISIT
44.1 When deemed necessary, an inspection may be made by Houston Public Works
to determine whether a bidder actually has a facility at the location listed in the
solicitation document.
46.0 SPECIFICATIONS
45.1 The specifications set forth herein cover the minimum requirements for ice
machines rental services for equipment specified in Exhibit B-2. The descriptions
in these specifications shall be considered as informative to the Contractor as to
what type of maintenance and inspections that is required. The omission of any
specification or description concerning any equipment or service shall be regarded
as meaning that only the best commercial practice shall prevail. All interpretation
of these specifications shall be made upon the basis of this statement.
46.0 PUBLIC RELATIONS
46.1 The Contractor agrees that neither it nor its agents, subcontractors or
employees shall issue or make any statements on behalf of the City with respect
to any incident occurring at the Airport, or at any City facility, except when
requested to do so by the Director of the department user.
47.0 LOCAL PRESENCE/SOURCE
47.1 With respect to the lease of ice machines and/or combination ice machines 1 water
dispensers services, Contractor shall have a local authorized facility located within
the Houston Area Region (Harris County).
Legal Dept. Rev. 08-17-2021
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DocuSign Envelope ID: B7A54239-4FC2-4485-ABE5-520CEAS52A81
48.0 ESTIMATED QUANTITIES NOT GUARANTEED,
48.1 The estimated quantities specified herein are not a guarantee of actual quantities,
as the City does not guarantee any particular quantity of services during the term
of this Contract. The quantities may vary depending upon the actual needs of the
Department. The quantities specified herein are good faith estimates of usage
during the term of this Contract. Therefore, the City shall not be liable for any
contractual agree me ntslobligations the Contractor enters into based on the City
purchasing all the quantities specified herein_
49.0 INTERLOCAL AGREEMENT
49.1 Under the same terms and conditions hereunder, the Contract may be expanded
to other government entities through inter -local agreements between the City of
Houston and the respective government entity that encompass all or part of the
prod uctslservices provided under this contract. Separate contracts will be drawn
to reflect the needs of each participating entity.
Legal Dept. Rev. 08-17-2021
48
DocuSign Envelope ID: B7A54239-4FC2-4485-ABE5-520CEAB52A81
EXHIBIT B-1
LIST OF ICE MACHINES AND COMBINATION ICE MACHINES 1 WATER DISPENSERS
DEPARTMENTS REQUIREMENTS
Department Name 200-lb.
250 lb.
270-Ib. 290- lb
370-lb. 500 lb.
750 lb. 1,000 lb. 2,000 lb.
Houston Airport System
9
2
8
General Services Department
109
2
11
5
Controllers
1
Legal
2
Mayor
1
Parks & Recreation
15
1
11
7
Planning and Development
1
Department
Houston Police Department
27
9
Houston Public Works 4
50
5 I 1
1 16
1 23 2
Solid Waste Management
9
8
Fleet Management
18
4
Department
Houston Information
Technology Services
2
Department Neighborhoods
-
3
Totals 4
242
14 1
1 61
1 43 2
Legal Dept. Rev. 08-17-2021
49
DocuSign Envelope ID! B7A54239-4FC2-4485-ABE5-520CEAB52A81
General Services
Department
General Services
Department
General Services
Department
General Services
Department
General Services
Department
General Services
Department
General Services
Department
General Services
Department
General Services
Department
General Services
Department
General Services
Department
General Services
Department
General Services
Department
EXHIBIT B-2
EQUIPMENT LIST
GENERAL SERVICES DEPARTMENT
HEALTH - Jahn Peavy 3814 Market
Senior Center
Street
GG - Emergency
Management Center
5320 N Shepherd
GG - Emergency
Management Center
5320 N Shepherd
HPW - Business
Service HW/OP
718 E Burress St,
GG - City Hall Annex
900 Bagby, 1st
1 st Floor
floor
HEALTH - Denver
6402 Market
_Harbor MSC
Street
HEALTH-
7411 Park Place
Environmental Pollution
Blvd.
GG - Facilities
Department
3206 Berry Rd.
GG - PM Crafts &
Trades
2707 Dalton St
ARA - Parking
2020 Mckinney
Management
St.
GG - Animal Reg &
2700 Evella
Care
Street
HEALTH - Health
1818 Crockett
Facilities
Street
HEALTH - Holcombe
Lab
2250 Holcome
Hoshizaki
KM-350MAJ
250lb.
Hoshizaki
DCM-
270BAH
270lb.
DCM-
Hoshizaki
270BAH
270lb.
Hoshizaki
KM-340MAJ
250lb.
Hoshizaki
KM-340MAJ
250lb.
Hoshizaki
KM-340MAJ
250lb.
Hoshizaki
KM-600MAH
500lb.
Hoshizaki
KM-600MAH
500lb.
Hoshizaki
KM-600MAH
500lb.
Hoshizaki
KM-340MAH
250lb.
Hoshizaki
KM-340MAJ
250lb.
Hoshizaki
KM-340MAJ
250lb.
Hoshizaki
KM-340MAJ
250lb.
50
1
1
1
1
1
1
1
1
1
1
1
1
1
X
-- X
X
X
X
X
X
X
X
X
X
X
X
Legal Dept Rev. 08-17-2021
DocuSign Envelope ID: H7A54239-4FC2-4485-ABE5-520CEAS52A81
General Services
Department
General Services
Department
General Services
Department
General Services
Department
General Services
Department
General Services
Department
General Services
Department
General Services
Department
General Services
Department
General Services
Department
General Services
Department
General Services
Department
General Services
Department
General Services
Department
General Services
Department
General Services
Department
General Services
Department
--. ...
Houston Transtar
- --.
6922 Katy Rd
Hoshizaki
KM-660MAJ
500 lb.
-
1 X
HEALTH - Kashmere
4802 Lockwood
MSC
Drive
Hoshizaki
KM-340MAJ
250 lb.
1 X
HEALTH - Fifth Ward
4014 Market
MSC
Street
Hoshizaki
KM-340MAJ
250 lb.
1 X
HEALTH - Third Ward
MSC
3611 Ennis Street
Hoshizaki
KM-340MAJ
250 lb.
1 X
GG - Traffic Operations
Division
2707 Dalton St
Hoshizaki
KM-600MAH
500 lb.
1 X
HEALTH - Acres Homes
6719 W.
MSC
Montgomery
Hoshizaki
KM-340MAJ
250 lb.
1 X
HEALTH - Dept. H&H
8000 N. Stadium
Services
Dr
Hoshizaki
KM-340MAJ
250 lb.
1 X
GG - City Hall Annex
2nd Floor
900 Bagby
Hoshizaki
KM-340MAJ
250 lb.
1 X
HPW - Vehicle
KM-
1000
Maintenance
2700 Dalton St
Hoshizaki
1100MAH
lb.
1 X
HPW - Vehicle
KM-
1000
Maintenance
2700 Dalton St
Hoshizaki
1100MAH
lb.
1 X
HEALTH - Sunnyside
MSC
9314 Cullen Blvd
Hoshizaki
KM-350MAJ
250 lb.
1 X
10155
HFD - Fire Station #77
Kempwood
Hoshizaki
KM-340MAJ
250 lb.
1 X
HFD - Fire Station #52
10343 Hartstock
Hoshizaki
KM-340MAJ
250 lb.
1 X
HFD - Fire Station #58
10413 Fulton
Hoshizaki
C-80BAJ
250 lb.
1 X
10515 S. Main
HFD - Fire Station #21
Street
Hoshizaki
KM-340MAJ
250 lb.
1 X
1102 West Belt
HFD - Fire Station #69
South
Hoshizaki
KM-600MAH
500 lb.
1 X
HFD - Fire Station #38
1120 Silber
Hoshizaki
KM-340MAJ
250 ib.
1 X
Legal Dept. Rev. 08-17-2021
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DocuSign Envelope ID: B7A54239-4FC2-4485-ABE5-520C1=AB52A81
General Services
11212 Cullen
Department
HFD - Fire Station #55
Blvd
General Services
11250 Braesridge
Department
HFD - Fire Station #82
Drive_
General Services
11410 Beamer
Department
HFD - Fire Station #70
Road
General Services
11531 FM 1960
Department
HFD - Fire Station #65
East
General Services
11655 Chimney
Department
HFD - Fire Station #48
Rock
General Services
HFD - Fire Logistical
1205 Dart Street,
Department
Center
Bldg. A & B
General Services
HFD - Fire Logistical
1205 Dart Street,
Department
Center
Bldg. A & B
General Services
HFD - Fire Logistical
1205 Dart Street,
Department
Center
Bldg. A & B
General Services
1212 Gessner
Department
HFD - Fire Station #49
Road
General Services
Department
HFD - Fire Station #53
1.3349 Vicksburg
General Services
13925 S. Post
Department
HFD - Fire Station #59
Oak Blvd.
General Services
14014 W Lake
Fire Facility
HFD - Fire Station #105
Houston Pkwy.
General Services
Fire Facility
HFD - Fire Station #7
1402 Elgin Street
General Services
14300 Briar
Fire Facility
HFD - Fire Station #86
Forest
General Services
Fire Facility
HFD - Fire Station #12
1502 Alber
General Services
15100 Memorial
Fire Facility
HFD - Fire Station #78
Drive
General Services
15200 Space
Fire Facility
HFD - Fire Station #71
Center Blvd.
Hoshizaki
KM-340MAH
250lb.
1
X
Hoshizaki
KM-340MAJ
250lb.
1
X
Hoshizaki
KM-340MAJ
250lb.
1
X
Hoshizaki
KM-340MAJ
250lb.
1
X
Hoshizaki
KM-340MAJ
_250lb.
1
X
Hoshizaki
KM-350MAJ
250lb.
1
X
Hoshizaki
KM-350MAJ
250lb.
1
X
Hoshizaki
KM-340MAJ
250lb.
1
X
Hoshizaki
KM-350MAJ
250lb.
1
X
Hoshizaki
KM-340MAJ
250lb.
1
X
Hoshizaki
KM-340MAJ
250lb.
1
X
Hoshizaki
KM-340MAJ
250lb.
1
X
Hoshizaki
KM-340MAJ
250lb.
1
X
Hoshizaki
KM-340MAJ
250lb.
1
X
Hoshizaki
KM-340MAJ
250lb.
1
X
Hoshizaki
KM-340MAJ
250lb.
1
X
Hoshizaki
KM-340MAJ
250lb.
1
X
52
Legal Dept. Rev, 08-17-2021
DocuSign Envelope ID: B7A54239-4FC2-4485-ABE5-520CEAB52A81
General Services
Fire Facility
HFD - Fire Station #62
1602 Seamist
Hoshizaki
KM-340MAJ
250 lb.
1
X
General Services
16111 Chimney
Fire Facility
HFD - Fire Station #80
Rock Road
Hoshizaki
KM-340MAJ
250 lb.
1
X
General Services
1616 W Little
Fire Facility__
HFD - Fire Station #67
York
Hoshizaki
KM-340MAJ
250 lb.
1
X
General Services
16553 Park Row
Fire Facility
HFD - Fire Station #90
Drive
Hoshizaki
KM-340MAJ
250 lb.
1
X
General Services
1700 Richmond
Fire Facility
HFD - Fire Station #16
Ave.
Hoshizaki
KM-340MAJ
250 lb.
1
X
General Services
17401 Saturn
Fire Facility
HFD - Fire Station #72
Lane
Hoshizaki
KM-340MAJ
250 lb.
1
X
General Services
1919 Louisiana
Fire Facility
HFD - Fire Station #8
Street
Hoshizaki
KM-600MAH
500 lb.
1
X
General Services
1995 S. Dairy
Fire Facility
HFD - Fire Station #75
Ashford
Hoshizaki
KM-340MAJ
250 lb.
1
X
General Services
Fire Facility
HFD - Fire Station #5
2020 Hollister
Hoshizaki
KM-340MAJ
250 lb.
1
X
General Services
222 W.
Fire Facility
HFD - Fire Station #31
Crosstimbers Rd.
Hoshizaki
KM-340MAJ
250 lb.
1
X
General Services
235 El Dorado
Fire Facility
HFD - Fire Station #95
Blvd.
Hoshizaki
KM-340MAJ
250 lb.
1
X
General Services
Fire Facility
HFD - Fire Station #47
2615 Tidewater
Hoshizaki
KM-340MAJ
250 lb.
1
X
General Services
2805 Navigation
Fire Facility
HFD - Fire Station #17
Blvd.
Hoshizaki
KM-350MAJ
250 lb.
1
X
General Services
2805 Navigation
Fire Facility
HFD - Fire Station #17
Blvd.
Hoshizaki
KM-600MAH
500 lb.
1
X
General Services
HFD - Fire Logistics
Fire Facility
Center Bldg. D
1205 Dart St
Hoshizaki
KM-340MAJ
250 lb.
1
X
General Services
2907 High Valley
Fire Facility
HFD - Fire Station #103
Dr.
Hoshizaki
KM-340MAJ
250 lb.
1
X
General Services
2925 Jeanetta
Fire Facility
HFD - Fire Station #60
Street
Hoshizaki
KM-340MAJ
250 lb.
1
X
Legal Dept. Rev. 08-17-2021
53
DocuSign Envelope ID: B7A54239-4FC2-4485-ABE5-520CEA852A81
General Services
3000 Chimney
Fire Facility
HFD - Fire Station #28
Rock
General Services
3000 Greens
Fire Facility
HFD - Fire Station #64
Road
General Services
3100 Laura
Fire Facility
HFD - Fire Station_#34
Koppe
General Services
Fire Facility
HFD - Fire Station #84
320 Gears Road_
General Services
3350
Fire Facility _
HFD - Fire Station#83
Breezewood
General Services
3402 Washington
Fire Facility
HFD -Tire Station #6
Avenue
General Services
3735 W. Alabama
Fire Facility
HFD - Fire Station #3
Street
General Services
3902 Corder
Fire Facility
HFD - Fire Station #46
Street
General Services
4102 W. Lake
Fire Facility
HFD -- Fire Station #102
Houston Pkwy.
General Services
Fire Facility
HFD - Fire Station #50
4420 Bingle Road
General Services
Fire Facility
HFD - Fire Station #57
13602 Memorial
General Services
Fire Facility
HFD - Fire Station #19
1811 Gregg St
General Services
1863 Kingwood
Fire Facility
HFD - Fire Station #101
Drive
General Services
460 T.C. Jester
Fire Facility
HFD - Fire Station #11
Blvd.
General Services
Fire Facility
HFD - Fire Station #45
4910 MCcarty
General Services
Fire Facility
HFD - Fire Station #15
5306 Main Street
General Services
5626 Will Clayton
Fire Facility
HFD - Fire Station #63
Pkwy.
Hoshizaki
KM-340MAJ
250lb.
1
X
Hoshizaki
KM-340MAJ
250lb.
1
X
Hoshizaki
KM-340MAJ
250lb.
1
X
Hoshizaki
KM-340MAJ
250lb.
1
X
Hoshizaki
KM-340MAJ
250lb.
1
X
Hoshizaki
KM-340MAJ
250lb.
1
X
Hoshizaki
KM-340MAJ
250lb.
1
X
Hoshizaki
KM-340MAJ
250lb.
1
X
Hoshizaki
KM-340MAJ
2501b.
1
X
Hoshizaki
KM-340MAJ
250lb.
1
X
Hoshizaki
KM-340MAJ
250lb.
1
X
Hoshizaki
KM-350MAJ
250lb.
1
X
Hoshizaki
KM-340MAJ
250lb.
1
X
Hoshizaki
KM-600MAH
500lb.
1
X
Hoshizaki
KM-340MAJ
250lb.
1
X
Hoshizaki
KM-340MAJ
250lb.
1
X
Hoshizaki
KM-340MAJ
250lb.
1
X
54
Legal Dept_ Rev. 08-17-2021
DocuSign Envelope ID: B7A54239-4FC2-4485-ABE5-520CEAB52AB1
General Services
5810 Pickfair
Fire Facility
HFD - Fire Station #39
Street
General Services
5820 E. Little
Fire Facility
HFD - Fire Station #56
York
General Services
5830 Old Spanish
Fire Facility
HFD - Fire Station #40
Trail
General Services
5880 WOODWAY
Fire Facility
HFD - Fire Station_ #2
DR
General Services
HFD - Fire
600 Jeffferson
Fire Facility
Administration
Street, Suite 626
General Services
HFD - Fire
600 Jefferson
Fire Facility
Administration
Street, Suite 626
General Services
HFD - Fire
600 Jefferson
Fire Facility
Administration
Street, Suite 626
General Services
619 Telephone
Fire Facility
HFD - Fire Station #18
Road
General Services
Fire Facility
HFD - Fire Station 427
6515 Lyons Ave.
General Services
Fire Facility
HFD - Fire Station #10
6600 Corporate
General Services
6702 Irvington
Fire Facility
HFD - Fire Station #30
Blvd.
General Services
Fire Facility
HFD -_Fire Station #44
675 Maxey Road
General Services
6902 Bellaire
Fire Facility
HFD - Fire Station #51
Blvd.
General Services
6902 Navigation
Fire Facility
HFD - Fire Station #20
Blvd.
General Services
Fire Facility _
HFD -Fire Station #13
2215 W 43Rd St
General Services
Fire Facility
HFD - Fire Station #24
2625 Reed Rd
General Services
Fire Facility
HFD - Fire Station #25
3902 Scott
Hoshizaki
KM-340MAJ
250lb.
1
Hoshizaki
KM-340MAJ
250lb.
1
Hoshizaki
KM-340MAJ
250lb.
1
Hoshizaki
KM-340MAJ
250Ib.
1
AM-50BAJ-
Hoshizaki
AD
250lb.
1
AM-50BAJ-
Hoshizaki
AD
250lb,
1
AM-50BAJ-
Hoshizaki
AD
250lb.
1
Hoshizaki
KM-340MAJ
250lb.
1
Hoshizaki
KM-340MAJ
250lb.
1
Hoshizaki
KM-340MAJ
250lb.
1
Hoshizaki
KM-340MAJ
250lb.
1
Hoshizaki
KM-340MAJ
250lb.
1
Hoshizaki
KM-340MAJ
250lb.
1
Hoshizaki
KM-340MAJ
250lb.
1
Hoshizaki
KM-350MAJ
250lb.
1
Hoshizaki
KM-350MAJ
250lb.
1
Hoshizaki
KM-350MAJ
250lb.
1
55
X
X
X
X
x
X
X
X
X
X
X
X
X
X
X
X
X
Legal Dept. Rev. 08-17-2021
DoeuSign Envelope ID: B7A54239-4FC2-4485-ABE5-520CEAB52A81
General Services
Fire Facility
General Services
Fire Facility
General Services
Fire Facility
General Services
Fire Facility
General Services
Fire Facility
General Services
Fire Facility
General Services
Fire Facility
General Services
Fire Facility
General Services
Fire Facility
General Services
Fire Facility
General Services
Fire Facility
General Services
Fire Facility
General Services
Fire Facility
General Services
Fire Facility
General Services
Fire Facility
General Services
Fire Facility
General Services
Fire Facility
460 Aldine
HFD - Fire Station #74
Bender
Hoshizaki
KM-350MAJ
250 lb.
1
X
4831 Galveston
HFD - Fire Station #29
Rd
Hoshizaki
KM-350MAJ
250 lb.
1
X
HFD - Fire Station #35
5535 Van Fleet
Hoshizaki
KM-350MAJ
250 lb.
1
X
HFD - Fire Station #66
5800 Teague
Hoshizaki
KM-350MAJ
250 lb.
1
X
6530 West Little
HFD - Fire Station #4
York Rd
Hoshizaki
KM-350MAJ
250 lb.
1
X
HFD - Fire Station #37
7026 Stella Link
Hoshizaki
KM-340MAJ
250 lb.
1
X
HFD - Fire Station #33
7117 Fannin
Hoshizaki
KM-350MAJ
250 lb.
1
X
7409 Willow
HFD - Fire Station #96
Chase
Hoshizaki
KM-350MAJ
250 lb.
1
X
HFD - Fire Station #23
8005 Lawndaie
Hoshizaki
KM-340MAJ
250 lb.
1
X
HFD - Fire Station #42
8675 Clinton Dr
Hoshizaki
KM-350MAJ
250 lb.
1
X
HFD - Fire Station #61
9726 Monroe Rd
Hoshizaki
KM-340MAJ
250 lb.
1
X
GSD - HFD - Fire
Station #9
702 Hogan
Hoshizaki
KM-340MAJ
250 lb.
1
X
GSD - HFD - Fire
Station_ #26
7111 Dixie Drive
Hoshizaki
KM-340MAJ
250 lb.
1
X
GSD - HFD - Fire
Station #76
7200 Cook Road
Hoshizaki
KM-340MAJ
250 lb.
1
X
GSD - HFD - Fire
7330 N. Wayside
Station #43
Dr.
Hoshizaki
KM-340MAJ
250 lb.
1
X
GSD - HFD - Fire
Station #36
7720 Airport Blvd.
Hoshizaki
KM-340MAJ
250 lb.
1
X
GSD - HFD - Fire
7825 Harrisburg
Station #22
Blvd.
Hoshizaki
KM-340MAJ
250 ib.
1
X
Legal Dept. Rev_ 08-17-2021
56
DocuSign Envelope ID: B7A54239-4FG2-4485-ABE5-520GEAB52A81
General Services
Fire Facility
General Services
Fire Facility
General Services
Fire Facility
General Services
Fire Facility _
General Services
Fire Facility
General Services
Fire Facility
General Services
Fire Facility
General Services
Fire Facility
General Services
Fire Facility
General Services
Fire Facility
General Services
Fire Facility
GSD — HFD Training
8030 Braniff
KM-
1000
Facility
Street
Hoshizaki
1100MAH
lb.
1
X
GSD — HFD Training
8030 Braniff
Facility _
Street
Hoshizaki
KM-340MAJ
250 lb.
1
X
GSD — HFD Training
8030 Braniff
Facility
Street
Hoshizaki
KM-600MAH
.500 lb.
1
X
GSD - HFD - Fire
Station #41
805 Pearl
Hoshizaki
KM-340MAJ
250 lb.
1
X
GSD - HFD - Fire
Station #68
8602 Bissonnet
Hoshizaki
KM-340MAJ
250 lb.
1
X
GSD - HFD - Fire
Station #32
8614 Tidwell
Hoshizaki
KM-340MAJ
250 lb.
1
X
GSD - HFD - Fire
910 Forest Cove
Station #104
Drive
Hoshizaki
...
KM-340MAJ
..........
250 lb.
.... 1
X
GSD - HFD - Fire
Station #93
911 FM 1959
Hoshizaki
KM-600MAH
500 lb.
1
X
GSD - HFD - Fire
Station #73
9640 Wilcrest
Hoshizaki
KM-340MAJ
250 lb.
1
X
GSD - HFD - Arson Lab
3102 Center
F206
Street
Hoshizaki
KM-350MAJ
250 lb.
1
X
GSD - HFD - Old Fire
Station #15
402 Tabor Street
Hoshizaki
KM-600MAH
500 lb.
1
X
Legal Dept. Rev. 08-17-2021
57
DocuSign Envelope ID: 87A54239-4FC2-4485-ABE5-520CEAS52A81
DEPARTMENT FACILITY
HOUSTON PUBLIC WORKS
ADDRESS
Houston Public
Drinking Water Ops.
7027 Ardmore
Works
Houston Public
Drinking Water Ops.
4017 Campbell Road
Works
Houston Public
Drinking Water Ops.
2300 Federal Road — Electric
Works
Shop
Houston Public
Drinking Water Ops.
2300 Federal Road — Sludge
Works
Plant
Houston Public
Drinking Water Ops.
12555 Clinton Drive —
Works
Maintenance Shop _
Houston Public
Drinking Water Ops.
4410 Westpark Drive
Works
Houston Public
Drinking Water Ops.
10923 Stancliff Road
Works
Houston Public
Drinking Water Ops.
12550 Water Works Way
Works
Houston Public
Drinking Water Ops.
3100 Genoa Red Bluff
Works
Houston Public
Drinking Water Ops.
22627 W. Shorewood Loop
Works
Houston Public
Drinking Water Ops.
611 Walker
Works
Houston Public
Drinking Water
1770 Sidney
Works
Operations
Houston Public
PFW-McKinney
2805 McKinney, 2ND FLR
Works
Houston Public
PFW-McKinney
2805 McKinney, WHSE #3101
Works
Houston Public
CAS(McKinney)
2805 McKinney, 3rd Floor
58
SIZE QTY ICE COMBINATION
MACHINE ICE MACHINE 1
WATER
DISPENSER_
250 lb.
2
x
500 lb.
1
x
500 lb.
1
x
500 lb.
1
x
500 lb.
1
x
250 lb.
1
x
250 lb.
1
x
370 lb.
1
x
250 lb.
1
x
250 lb.
1
x
250 lb.
1
x
290 lb.
1
x
750 LB
1
x
500 lb.
1
x
250 LB.
1
x
Legal Dept, Rev. 08-17-2021
DocuSign Envelope ID. B7A54239-4FC2-4485-ABE5-520CEAB52A81
Works
Houston Public
PFW-Whse (W.Hou.)
13211 West Houston Center
250 lb.
1
X
j Works
#104
Houston Public
FMS-Bob Lanier Bldg
611 Walker
250 lb.
26
X
Works
Houston Public
E. B. Cape
4501 Leeland
200 lb.
1
X
Works
Houston Public
Director's Office
611 Walker
250 lb.
1
X
Works
Houston Public
Houston Permitting
1002 Washington, 15t Fl.
270 lb.
1
X
Works
Center
Houston Public
Houston Permitting
1002 Washington, 2"d Fl.
270 lb.
1
X
Works
Center
Houston Public
Houston Permitting
1002 Washington, 3111 Fl.
270 lb.
1
X
Works
Center
Houston Public
Houston Permitting
1002 Washington, 4tn Fl.
270 lb.
1
X
Works
Center
Houston Public
Houston Permitting
1002 Washington, Basement
270 lb.
1
X
Works
Center
Houston Public
CAS
2700 Dalton
500 lb.
1
X
Works
j
Houston Public
CAS
4200 Leeland
250 lb.
3
X
Works
Houston Public
WWO
12319Y/ Almeda Rd.
500 lb.
1
X
Works
Houston Public
WWO
12319'h Almeda Rd.
1000 lb.
1
X
Works
Houston Public
WWO
4211 Beechnut St.
1000 lb.
1
X
Works
Houston Public
WWO
10500 Bellaire Blvd.
1000 lb.
1
X
Works
Houston Public
WWO
10518 Bellaire Blvd.
1000 lb.
1
X
Works
Houston Public
WWO
7440 Cullen Blvd.
1000 lb.
3
X
Works
Legal Dept.
Rev. 08-17-2021
59
DocuSign Envelope ID: B7A54239- 4FC2-4485-ABE5-520CEAB52A81
Houston Public
MID
3100 Old Galveston Rd
250 lb.
1
Works
Houston Public
WWO
3100 Old Galveston Rd
500 lb.
1
Works
Houston Public
VVWO
3100 Old Galveston Rd
200 ib.
1
Works
Houston Public
WWO
4545 Groveway
200 lb.
1
Works
Houston Public
WWO
4550 Groveway
200 lb.
1
Works
Houston Public
WWO
255 Isolde Drive
1000 lb.
1
Works
Houston Public
WWO
9601 Kingspoint
500 lb.
1
Works
Houston Public
WWO
9500 Lawndale
1000 lb.
1
Works
Houston Public
WWO
4452 Mangum Rd
1000 lb.
1
Works
Houston Public
WWO
9600 MILK Jr Blvd
250 lb.
1
Works
Houston Public
WWO
2450 Rankin Rd
1000 lb.
1
Works
Houston Public
WWO
2525 S/Sgt Macario Garcia
250 lb.
1
Works
Houston Public
WWO
2525 SISgt Macario Garcia
250 lb.
2
Works
Houston Public
WWO
2525 S/Sgt Macario Garcia
500 lb.
1
Works
Houston Public
WWO
2525 S/Sgt Macario Garcia
1000 ib.
4
Works
Houston Public
WWO
14506 Smith Rd
1000 lb.
1
Works
Houston Public
WWO
13525 W Houston Center Blvd
500 ib.
1
Works
Houston Public
WWO
9400 White Chapel
1000 lb.
1
:6
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
Legal Dept_ Rev. 08-17-2021
DocuSign Envelope ID: B7A54239-4FC2-4485-ABE5-520CEAB52A81
Works
Houston Public
WWO
6201 West Fuqua
Works
Houston Public
WWO
100 Japhet Bldg. D
Works
f Houston Public
WWO
655 Maxey Rd
Works
Houston Public
WWO
7101 W. Greens Rd
Works
Houston Public
Cap.
1702 Searnist Drive
Works
Proj. Construction
Houston Public
Cap.
4300 Wayside, Ste. #109
Works
Proj.Construction
Houston Public
Traffic -Drainage Ops.
5500 McCarty
Works
Houston Public
Traffic -Drainage Ops
5500 McCarty
Works
Houston Public
Traffic -Drainage Ops
1700 E. Crosstirnbers
Works
Houston Public
Traffic -Drainage Ops
747 Evergreen
Works
Houston Public
Traffic -Drainage Ops
2701 Dalton
Works
Houston Public
Traffic -Drainage Ops
8002 Airline
Works
Houston Public
Traffic -Drainage Ops
8002 Airline (Lake Houston)
Works
Houston Public
Traffic -Drainage Ops
2200 Patterson
Works
Houston Public
Traffic -Drainage Ops
2200 Patterson
Works
Houston Public
Traffic -Drainage Ops
2701 Dalton
Works
250 lb.
1000 lb
500 lb.
250 lb.
250 lb.
250 lb.
500 lb.
2000 lb
2000 lb
1000 Ib
1000 lb
500 lb.
1000 Ib
1000 Ib
250
500 lb.
1
1
1
1
1
1
1
1
1
1
_1
2
1
2
1
1
X
X
X
X
X
X
x
X
X
X
X
X
X
X
X
0
Legal Dept. Rev. 08-17-2021
61
DocuSign Envelope ID: B7A54239-4FC2-4485-ABE5-520CEAB52AS1
DEPARTMENT
HOUSTON AIRPORT SYSTEM
LOCATION SIZE
Aviation
Administration Bldg. Break Room
IAH
16930 JFK Blvd.
Aviation
Administration Bldg. Break Room
lAH
16930 JFK Blvd.
Aviation
Supply Chain Management Break Room
IAH
18600 Lee Rd.
Aviation
Supply Chain Management
( IAH
18600 Lee Rd
Aviation
Airfield & Grounds Break Room
IAH
4500 Will Clayton Pkwy
Aviation
Airfield & Grounds Bay # 5
IAH
4500 Will Clayton Pkwy
Aviation
PPM Break Room
IAH
4500 Will Clayton Pkwy
Aviation
Terminal A, Badging Break Room
IAH
2800 North Terminal Rd.
Aviation
Terminal A, Landside Operations
IAH
2800 North Terminal Rd.
Aviation
ARFF Station # 54
IAH
19006 Aldine Westfield
Aviation
ARFF Station #92
lAH
4301 Will Clayton Pkwy
Aviation
ARFF Station #99
IAH
18580 Chanute Rd.
250 LB.
500 LB
500 LB.
270 LB
500 LB.
500 LB,
500 LB.
250 LB.
250 LB.
250 LB
250 LB
QTY. ICE COMBINATION
MACHINE ICE MACHINE 1
WATER
DISPENSER
1 x
1
1
2
1
1
1
1
1
1
1
1
x
x
K4
Legal Dept. Rev. 08-17-2021
62
DocuSign Envelope ID: B7A54239-4FC2-44465-ABE5-520CEAB52A81
Aviation
IDO Bldg. Break Room
IAH
1100 Standifer Rd.
Aviation
Airfield & Grounds Break Room
HOU
9014 Randolph St.
Aviation
Electrical
HOU
9014C Randolph St.
Aviation
Landside Operations
HOU
7800 Airport Blvd.
Aviation
ARFF Station #81
HOU
7900 Paul Koonce Rd.
Aviation
Airfield & Grounds Complex
EFD
6011 Farley Rd.
500 LB
1
X
500 LB
1
250 LB
1 X
250 LB
1 X
X
250 LB
1
X
500 LB
1
.HOUSTON POLICE DEPARTMENT
_DEPARTMENT
LOCATION
Police
1500 West Dallas
Police
7525 Sherman Street
Police
1200 Travis, 16th Floor
Police
150 N. Chenevert St, Suite 200
9455 West Montgomery - HPD North
Police
Command Police Station
9455 West Montgomery Road — HPD
Police
North Command Police Station
17000 Aldine Westfield - Houston
Police
Police Academy
17000 Aldine Westfield - HPD North -
Police
Fire Arms Range
63
0
ICE COMBINATION ICE
MACHINE MACHINE 1 WATER
SIZE QTY DISPENSER
250 LB. 1 X
500 LB. 1 X
250 LB. 1 X
250 LB 1 X
X
250 LB. 1
X
500 LB. 1
X
250 LB. 1
X
250 LB, 1
Legal Dept. Rev. 08-17-2021
DocuSign Envelope ID: B7A54239-4FC2-4485-ABE5-520CEAB52A81
Police
7727 Regency Square
250 LB
1
X
Police
8402 Larson
250 LB.
1
X
Police
8301 Ley Road
250 LB
1
X
Police
54 Reisner
500 LB
'I
X
Police
1300 Dart St
250 LB
1
X
Police
3915 Rustic Woods Dr
250 LB
1
X
8300 Mykawa Road - 2nd Floor
X
Police
Breakroom
500 LB.
1
Police
8300 Mykawa Road
250 LB
1
X
X
Police
8300 Mykawa Road
250 LB
1
X
Police
5005 Little York
250 LB
1
Police
5005 Little York
250 LB
1
X
17000 Aldine Westfield, Training
X
Police
Academy
250 LB.
1
17000 Aldine Westfield, Training
X
Police
Academy
250 LB
1
Police
1900 Rusk Street
500 LB
1
x
Police
2202 St. Emanuel St.
250 LB
1
X
Police
811 Dallas Street
250 LB.
1
X
Police
8605 Westplace Drive
250 LB
1
X
Police
2525 Sherman Street
500 LB
1
X
Police
6000 Teague Road - NW Division
250 LB.
1
X
Police
2855 Bay Area Blvd
250 LB
1
X
1200 Travis, 2nd Floor, General
X
Police
Services Dept.
250 LB.
1
Police
8605 Westplace Drive
250 LB.
1
X
7077 Perimeter Park Drive — HPD
X
Police
SWAT Administration Building
250 LB.
1
Legal Dept, Rev. 08-17-2021
64
DocuSign Envelope ID: B7A54239-4FC2-4485-ABE5-520CEAB52A81
7077 Perimeter Park Drive — HPD
Police
SWAT Administration Building
250 LB 1
7077 Perimeter Park Drive — HPD
Police
SWAT Administration Building
500 LB 1
1300 Dart Street — HPD Vehicle
Police
Compound
250 LB 1
150 N. Chenevert St., Suite 200 —
Police
Homeless Outreach Team
500 LB 1
7727 Regency Square — HPD
Police
Midwest Police Station
500 LB 1
SOLID WASTE MANAGEMENT
DEPARTMENT LOCATION
SIZE
Solid Waste Management
Solid Waste Management
Solid Waste Management
Sofid Waste Management
Solid Waste Management
Solid Waste Management
Solid Waste Management
Solid Waste Management
QTY ICE COMBINATION
MACHINE ICE MACHINE I
WATER
DISPENSER_
1506 Central (Collections)
lb.
11000
2
5614 Neches (Collections)
1000 lb.
2
11500 South Post Oak
1000 lb.
(Collections)
2
11500 South Post Oak
250 lb.
(Environmental Service Ctr)
1
1245 Judiway (Collections)
1000 lb.
2
9003 N. Main (Reuse
250 lb.
Warehouse)
1
5565 Kirkpatrick (Neighborhood
250 lb.
Depository)
1
5100 Sunbeam (Neighborhood
250 lb.
Depository)
1
x
Legal Dept. Rev. 08-17-2021
65
DocuSign Envelope ID: B7A54239-4FC2-4485 ABR5-520CEAB52ASI
Solid Waste Management
6023 Winfern (Sommermeyer -
250 lb.
Neighborhood Depository)
Solid Waste Management
2240 Central (Neighborhood
250 lb.
Depository)
Solid Waste Management
10785 Southwest Freeway
250 lb.
(Neighborhood Depository)
Solid Waste Management
5900 Westpark
250 lb.
Solid Waste Management
5711 Eastex Freeway (Facility
250 lb.
Maintenance)
HOUSTON PARKS AND RECREATION
1
1
1
1
1
DEPARTMENT
LOCATION
SIZE
QTY
6501 Memorial Dr., Memorial
Parks & Recreation
Maintenance
1000 lb.
1
6501 Memorial Dr., Memorial
Parks & Recreation
Golf Course
1000 lb.
1
6501 Memorial Dr., Memorial
Parks & Recreation
Golf Course
1000 lb.
1
Memorial Park Tennis Center -
Parks & Recreation
6000 Memorial Loop Drive
500 lb.
1
Parks & Recreation
115 Sabine Street, Skate Park
250 lb.
1
2121 Central Avenue, Milby
Parks & Recreation
Maintenance
250 lb.
1
2020 Hermann Dr., Robinson Jr.,
Parks & Recreation
Comm. Center
500 lb.
1
8910 Bissonnet, Bissonnet
Parks & Recreation
Maintenance
500 lb.
1
W
ICE COMBINATION
MACHINE ICE MACHINE 1
WATER
DISPENSER_
X
Legal Dept. Rev. 08-17-2021
DocuSign Envelope [D: B7A54239-4FG2-4485-ABE5-520CEAB52A81
18203 Groeschke, Cullen Park
x
Parks & Recreation
Maintenance
500 lb.
1
5306 Bastex Fwy. - Kelly
x
Parks & Recreation
Maintenance
500 lb.
1
100 Waterwell Road - Kingwood
x
Parks & Recreation
Maint. Barn
500 lb.
1
5225 Calhoun Road - Homer
x
Parks & Recreation
Ford Tennis Center
250 lb.
1
Sims Bayou Maint. 9500 Martin
x
Parks & Recreation
Luther King Blvd.
250 lb.
1
Parks & Recreation
6200 Wheeler, Wheeler Garage
500 lb.
1
x
6200 Wheeler, Wheeler
x
Parks & Recreation
Construction
1000 lb.
1
1500 Hermann Drive,. Hermann
x
Parks & Recreation
Garden Center
250 lb.
1
9506 South Gessner, Lee
x
Parks & Recreation
LeClear Tennis Center
250 lb.
1
8400 Mykawa Road, Law Park
x
Jr. Golf Facility (Under
Privatization - do not install until
Parks & Recreation
requested)
250 lb.
1
9720 Spaulding - Tidwell
x
Parks & Recreation
Community Center
250 lb.
1
1100 South Gessner, Marian
x
Parks & Recreation
Community Center
250 lb.
1
3502 Bellfort - Sunnyside
x
Parks & Recreation
Community CTR
250 lb.
1
6600 Bellaire, Sharpstown Golf
x
Parks & Recreation
Course
1000 lb.
1
Legal Dept. Rev. 08-17-2021
67
DocuSign Envelope ID: B7A54239-4FC2-4485-ABE5-520CEAB52AB1
6520 Almeda Road - Hermann
Parks & Recreation
Maintenance
500 lb. 1
11600 Wallisville, Hermann
Parks & Recreation
Brown Maintenance
500 lb. 1
Parks & Recreation
2001 Central Street - Milby Park
250 lb. 1
Lake Houston Park - 22031
Baptist Encampment - New
Parks & Recreation
Caney
250 lb. 1
Forestry Maintenance - 12025
Parks & Recreation
Sowden Road
1000 lb. 1
502 Rusk, Downtown
Parks & Recreation
Maintenance Facility
250 lb. 1
6501 Memorial Dr., Memorial
Parks &Recreation
Golf Course #15 (New)
1000 lb. 1
8400 Mykawa Road, Law Park
Parks & Recreation
Jr. Golf Facility (under
Renovation)
250 lb. 1
311 South Wayside -Gus
Parks & Recreation
Wortham Golf Course (Under
Privatization — do not install until
requested)
500 lb. 1
8205 N. Bayou Dr. - Glenbrook
Parks & Recreation
Golf Course (Privatized)
500 lb. 1
9551 N. Wayside - North
Parks & Recreation
Wayside Sports and Recreation
Center (New)
250 lb. 1
270 Ib.
Parks & Recreation
1475 W. Gray — Metropolitan
Countertop
Multi -Service Center (New)
Unit 1
68
X
IN
a
Legal Dept. Rev. 08-17-2021
DocuSign Envelope ID: B7A54239-4FC2-4485-ABE5-52DCEAB52A81
FLEET MANAGEMENT DEPARTMENT
DEPARTMENT
LOCATION
MANUFACTURER
MODEL
SIZE
QTY
ICE
NUMBER
MACHINE
Fleet Management
50 Riesner - Garage
Hoshizaki
KM-600MAH
500 lbs.
1
X
Department
Fleet Management
3203 S Dairy Ashford
Hoshizaki
KM-340 MAJ
250 lbs.
1
X
Department
Fleet Management
8300 Mykawa Road
Hoshizaki
KM-340 MAJ
250 lbs.
1
X
Department
Fleet Management
8301 Ley Road
Hoshizaki
B-300 SF
250 lbs.
1
X
Department
Fleet Management
9455 West Montgomery
Hoshizaki
B-300 SF
250 lbs.
1
X
Department
Fleet Management
11500 South Post Oak
Hoshizaki
KM-340 MAJ
250 lbs.
1
X
Department
X2
Fleet Management
5617 Neches Street
Hoshizaki
KM-340 MAJ
250 lbs.
1
X
Department
Fleet Management
1502 Central Street
Hoshizaki
KM-340 MAJ
250 lbs.
1
X
Department
Fleet Management
1245 Judiway
Hoshizaki
KM-340 MAJ
250 lbs.
1
X
Department
Fleet Management
1205 Dart (Body Shop
Hoshizaki
KM-340 MAJ
250 lbs.
1
X
Department
Lunchroom Facility)
Fleet Management
4250 Will Clayton Road,
Hoshizaki
KM-340 MAJ
250 lbs.
1
X
Department
Houston 77032
Fleet Management
6011 Farley Rd.
Hoshizaki
KM-600 MAH
250 lbs.
1
X
Department
Legal Dept. Rev. 08-17-2021
69
DocuSign Envelope ID. B7A54239-4FC2-4485-ASE5-520CEAB52A81
Fleet Management
9014 Randolph Street
Hoshizaki
Department
Fleet Management
1700 Cross timbers
Hoshizaki
Department
Fleet Management
5410 N. McCarty
Hoshizaki
Department
Fleet Management
5900 Teague
Hoshizaki
Department
Fleet Management
802 Burress
Hoshizaki
Department
Fleet Management
7101 Renwick
Hoshizaki
Department
Fleet Management
2700 Dalton
Hoshizaki
Department
Fleet Management
100 Japhet
Hoshizaki
Department
Fleet Management
900 Bagby (15t Floor —
Hoshizaki
Department
City Hall Annex)
Fleet Management
6200 Wheeler Street
Hoshizaki
Department
KM-340 MAJ
250 lbs.
1 X
X2
KM-350 MAJ
250 lbs.
1 X
KM-320 MAH
250 lbs.
1 X
KM-1100 MAH
250 lbs.
1 X
X2
KM-1100 MAH
250 lbs.
1 X
X2
KM- 340 MAJ
250 lbs.
1 X
KM-1100 MAH
250 lbs.
1 X
KM-1100 MAH
500 lbs.
1 X
KM-350 MAJ
500 lbs.
1 X
KM-600 MAH
500 lbs.
1 X
70
Legal Dept. Rev. 08-17-2021
DocuSign Envelope ID: B7A54239-4FC2-4485-ABE5-520CEAB52A81
DEPARTMENT OF NEIGHBORHOODS
COMBINATION
ICE MACHINE I
ICE WATER
_DEPARTMENT_ LOCATION SIZE QTY. MACHINE DISPENSER-
270 lb. Counter
Top Style,
lcemaker/Water
Department of 601 Sawyer Street, e Dispenser, Cubelet
Neighborhoods Floor Style 3 X
HOUSTON INFORMATION TECHNOLOGY SERVICES
DEPARTMENT
Houston Information Technology
Services
Houston Information Technology
Services
_LOCATION SIZE QTY
611 Walker — 8th
Floor 250 lb. 1
611 Walker — 91"
Floor 250 lb. 1
LEGAL DEPARTMENT
ICE COMBINATION
MACHINE ICE MACHINE /
WATER
DISPENSER_
X
X
ICE COMBINATION ICE
MACHINE MACHINE I WATER
DEPARTMENT LOCATION SIZE QTY DISPENSER
900 Bagby, City Hall Annex, X
Legal Department 3rd Floor 500 lb. 1
900 Bagby, City Hall Annex, X
Legal Department 4th Floor 500 lb. 1
Legal Dept. Rev. 08-17-2021
71
DocuSign Envelope ID: B7A54239-4FC2-4485-ABE5-520CEAB52A81
MAYORS OFFICE
COMBINATION
ICE MACHINE I
ICE WATER
DEPARTMENT LOCATION SIZE QTY MACHINE DISPENSER
Mayor's Office 901 Bagby, City Hall, 3rd Floor 250 lb. 1 1
PLANNING AND DEVELOPMENT DEPARTMENT
COMBINATION
ICE MACHINE 1
MODEL
ICE WATER
—DEPARTMENT
LOCATION MANUFACTURER
NUMBER SIZE
QTY MACHINE DISPENSER
Planning &
Development
611 Walker,
DCM-
Svcs.
6th Floor
Hoshizaki
270BAH 270-lb.
1 X
CONTROLLERS
OFFICE
DEPARTMENT
LOCATION
SIZE QTY.
ICE COMBINATION
MACHINE ICE MACHINE 1
WATER
DISPENSER_
Controller's Office 901 Bagby Str. 71h Floor
250 Ib. 1
X
Houston, Texas 77002
Legal Dept. Rev. 08-17-2021
79
DocuSign Envelope ID: B7A54239-4FC2-4485-ABE5-520CEAB52A89
EXHIBIT "C"
QQ DRUG POLICY COMPLIANCE AGREEMENT
1, � _6b ,b (�l �C e e t &kF ,
(Name) (jp (Title)
as an owner or officer of LL t - (Contractor)
(Name of Company)
have authority to bind Contractor with respect to its bid, offer or performance of any and all
contracts It may enter into with the City of Houston; and that by making this Agreement, I affirm
that the Contractor is aware of and by the time the contract is awarded will be bound by and agree
to designate appropriate safety impact positions for company employee positions, and to comply
with the following requirements before the City issues a notice to proceed:
1, Develop and implement a written Drug Free Workplace Policy and related drug
testing procedures for the Contractor that meet the criteria and requirements
established by the Mayor's Amended Policy on Drug Detection and Deterrence
(Mayor's Drug Policy) and the Mayor's Drug Detection and Deterrence Procedures
for Contractors (Executive Order No. 1-31).
2. Obtain a facility to collect urine samples consistent with Health and Human
Services (HHS) guidelines and a HHS certified drug testing laboratory to perform
the drug tests.
3. Monitor and keep records of drug tests given and the results; and upon request
from the City of Houston, provide confirmation of such testing and results.
4. Submit semi-annual Drug Policy Compliance Declarations.
I affirm on behalf of the Contractor that full compliance with the Mayor's Drug Policy and Executive
Order No. 1-31 is a material condition of the contract with the City of Houston.
I further acknowledge that falsification, failure to comply with or failure to timely submit
declarations and/or documentation in compliance with the Mayor's Drug Policy and/or Executive
Order No. 1-31 will be considered a breach of the contract with the City and may result in non -
award or termination of the contract by the City of Houston.
,J I,7 3 � � ��--
Date C tr
I ture
Title
Legal Dept. Rev. 08-17-2021
73
DocuSign Envelope ID; B7A54239-4FC2-4485-ASE5-520CEAB52A81
EXHIBIT "D"
CONTRACTOR'S CERTIFICATION OF NO SAFETY IMPACT POSITIONS
n IN PERFORMANCE�ITY CONTRACT
Y I, V\0 1SQ
(Name)
as an owner or officer of ��5 ViJ�q Ct/{(t (�1 ,Q L L (contractor)
(Name of Company)
have authority to bind the Contractor with respect to Its bid, and hereby certify that Contractor has
no employee safety impact po loons, as 4efined in §5.18 of Executive Or er No. 1-31, that will
be involved In performing _A fit/ 5 (14- nA 10 ea_hi Uce
(Project) "
Contractor agrees and covenants that It shall immediately notify the City of Houston Director of
Human Resources if any safety impact positions are established to provide services in performing
this City Contract.
7a � ca �- � k/ ✓ �5�. lip. -k
(Date) (Typ r Pr'nte" g•�'� ��
(' ture)
r� 1. s�JJi a +✓bt�—
(Title)
Legal Dept, Rev. 08-17-2021
74
DocuSign Envelope 1D: B7A54239-4FC2-4485-ABE5-520CEAB52A81
EXHIBIT „E"
DRUG POLICY COMPLIANCE DECLARATION
as an owner or
(Name) (Print/Type) € (Tills)
officer of , t ' Contractor) (Name of Company), have personal knowledge and full
authority to make the following decla atlons:
This reporting period covers the preceding 6 months from to
nitl�A written Drug Free Workplace Policy has been implemented and employees notified. The
a�ls Policy meets the criteria established by the Mayor's Amended Policy on Drug Detection
and Deterrence (Mayor's Policy).
Written drug testing procedures have been Implemented In conformity with the Mayor's
tlals Drug Detection and Deterrence Procedures for Contractors, Executive Order No. 1-31.
Employees have been notified of such procedures.
Collection/testing has been conducted In compliance with federal Health and Human
Initials Services (HHS) guidelines,
Appropriate safety impact positions have been designated for employee positions
Initials performing on the Oily of Houston contract. The number of employees in safety Impact
positions during this reporting period is ___.
Prom [Start date] to [End date] the following test has occurred:
Initials
Reasonable Post
Random Suspicion Accident Total
Number Employees Tested
Number Employees Positive
Percent Employees Positive
Any employee who tested positive was immediately removed from the City worksite
itlals consistent with the Mayor's Policy and Executive Order No. 1-31.
I affirm that falsification or failure to submit this declaration timely In accordance with
I ltials established guidelines will be considered a breach of contract,
I declare under penalty of perjury that the affirmations made herein and all information contained In this
doclaration are within my personal knowledge and are true and correct
(Date) e nr e
lure)
) i �t
(Title
Legal Dept. Rev, 08-17-2021
75
DocuSlgn Envelope ID: B7A54239-4FC2-4485-ABE5-520CEAB52A81
Exhibit C
EXHIBIT "F"
FEES AND COSTS
Year 1: Lease of Ice Machines and Combination Ice Machines/Water Dispensers
Monthly Services
1
Lease of 200-lb. Ice Machines and Combination Ice
MON
$108.33
Machines/Water Dispensers
2
Lease of 250-lb. Ice Machines and Combination Ice
MON
$124.00
Machines/Water Dispensers
3
Lease of 270-lb. Ice Machines and Combination Ice
MON
$127.41
Machines/Water Dispensers
4
Lease of290-lb. Cuber Icemaker, Air -Cooled, Built in
MON
$101.17
Storage Bin
5
Lease of 370-lb. Ice Machines and Combination Ice
MON
$209.04
Machines/Water Dispensers
6
Lease of 500-1b. Ice Machines and Combination Ice
MON
$152.44
Machines/Water Dispensers
7
Lease of 750-1b. Ice Machines and Combination Ice
MON
$273.48
Machines/Water Dispensers
8
Lease of 1000-lb. Ice Machines and Combination Ice
MON
$226.22
Machines/Water Dispensers
9
Lease of 2000-Ib. Ice Machines and Combination Ice
MON
$36119
Machines/Water Dispensers
10
Re -location Services.
EA
$250.00
Year 2: Lease of Ice Machines and Combination Ice Machines/Water Dispensers
Monthly Services
11 Lease of 200-lb. Ice Machines and Combination Ice MON
$108.33
Machines/Water Dispensers
2 Lease of 250-lb. Ice Machines and Combination Ice MON
$124.00
Machines/Water Dispensers
3 Lease of 270-lb. Ice Machines and Combination Ice MON
$127.41
Machines/Water Dispensers
4 Lease of 290-lb. Cuber Icemaker, Air -Cooled, Built in MON
$101.17
Storage Bin
Legal Dept. Rev. 08-17-2021
76
DowSign Envelope ID: B7A54238-4FC2-4485-ABE5-520CEAB52A81
5
Lease of 370-1b. Ice Machines and Combination Ice
MON
$209.04
Machines/Water Dispensers
6
Lease of 500-1b. Ice Machines and Combination Ice
MON
$152.44
Machines/Water Dispensers
7
Lease of 750-lb. Ice Machines and Combination Ice
MON
$273.48
Machines/Water Dispensers
8
Lease of 1000-lb. Ice Machines and Combination Ice
MON
$226.22
Machines/Water Dispensers
9
Lease of 2000-lb. Ice Machines and Combination Ice
MON
$361.19
Machines/Water Dispensers
10
Re -Location Services.
EA
$250.00
Year 3: Lease of Ice Machines and Combination Ice Machines/Water Dispensers
Monthly Services
1
Lease of 200-1b. Ice Machines and Combination Ice
MON
$108.33
Machines/Water Dispensers
2
Lease of 250-1b. Ice Machines and Combination Ice
MON
$124.00
Machines/Water Dispensers
3
Lease of 270-lb. Ice Machines and Combination Ice
MON
$127.41
Machines/Water Dispensers
4
Lease of 290-lb. Cuber Icemaker, Air -Cooled, Built in
MON
$101.17
Storage Bin
5
Lease of 370-lb. Ice Machines and Combination Ice
MON
$209.04
Machines/Water Dispensers
6
Lease of 500-lb. Ice Machines and Combination Ice
MON
$152.44
Machines/Water Dispensers
7
Lease of 750-Ib. Ice Machines and Combination Ice
MON
$273.48
Machines/Water Dispensers
8
Lease of 1000-1b. Ice Machines and Combination Ice
MON
$226.22
Machines/Water Dispensers
9
Lease of 2000-1b. Ice Machines and Combination Ice
MON
$361.19
Machines/Water Dispensers
10
Re -Location Services.
EA
$250.00
Legal Dept. Rev. 08-17-2021
77
DoceSign Envelope ID: B7A54239-41=C2-4485-ABE5-520CEAB52A81
Year 4: Lease of Ice Machines and Combination Ice Machines/Water Dispensers
Monthly Services
1
Lease of 200-lb. Ice Machines and Combination Ice
MON
$113.75
Machines/Water Dispensers
2
Lease of 250-lb. Ice Machines and Combination Ice
MON
$130.20
Machines/Water Dispensers
3
Lease of 270-lb. Ice Machines and Combination Ice
MON
$133.78
Machines/Water Dispensers
4
Lease of 290-lb. Cuber Icemaker, Air -Cooled, Built in
MON
$106.23
Storage Bin
5
Lease of 370-lb. Ice Machines and Combination Ice
MON
$219.49
Machines/Water Dispensers
6
Lease of 500-lb. Ice Machines and Combination Ice
MON
$160.07
Machines/Water Dispensers
7
Lease of 750-lb. Ice Machines and Combination Ice
MON
$287.16
Machines/Water Dispensers
8
Lease of 1000-lb. Ice Machines and Combination Ice
MON
$237.53
Machines/Water Dispensers
9
Lease of 2000-lb. Ice Machines and Combination Ice
MON
$379.24
Machines/Water Dispensers
10
Re -Location Services.
EA
$255.00
Year 5: Lease of Ice Machines and Combination Ice Machines/Water Dispensers
Monthly Services
1 Lease of 200-lb. Ice Machines and Combination Ice
MON
$115.92
Machines/Water Dispensers
2 Lease of 250-lb. Ice Machines and Combination Ice
MON
$132.68
Machines/Water Dispensers
3 Lease of 270-lb. Ice Machines and Combination Ice
MON
$136.33
Machines/Water Dispensers
4 Lease of 290-Ib. Cuber Icemaker, Air -Cooled, Built in Storage
MON
$108.25
Bin
5 Lease of 370-lb. Ice Machines and Combination Ice
MON
$223.67
Machines/Water Dispensers
Legal Dept. Rev, 08-17-2021
78
DocuSign Envelope ID: B7A54239-4FC2-4485-ABE5-520CEAB52A81
6
Lease of 500-Ib. Ice Machines and Combination Ice
MON
$163.12
Machines/Water Dispensers
7
Lease of 750-Ib. Ice Machines and Combination Ice
MON
$292.63
Machines/Water Dispensers
8
Lease of 1000-1b. Ice Machines and Combination Ice
MON
$242.06
Machines/Water Dispensers,
9
Lease of 2000-1b. Ice Machines and Combination Ice
MON
$386.47
Machines/Water Dispensers
10
Re -Location Services.
EA
$260.00
Legal Dept. Rev. 08-17-2021
79
Exhibit C
CONFLICT OF INTEREST DISCLOSURE REQUIREMENT
Pursuant to Chapter 176 of the Local Government Code, any person or agent of a person who contracts or
seeks to contract for the sale or purchase of property, goods, or services with a local governmental entity
(i.e. The City of Fort Worth) must disclose in the Questionnaire Forms CIQ ("Questionnaire") the person's
affiliation or business relationship that might cause a conflict of interest with the local governmental entity.
By law, the Questionnaire must be filed with the Fort Worth City Secretary no later than seven days after
the date the person begins contract discussions or negotiations with the City, or submits an application or
response to a request for proposals or bids, correspondence, or another writing related to potential
agreement with the City. Updated Questionnaires must be filed in conformance with Chapter 176.
A copy of the Questionnaires Form CIQ is enclosed with submittal documents. The form is also available at
http://www.ethics.state.tx.us/forms/CIQ.pdf.
If you have any questions about compliance, please consult your own legal counsel. Compliance is the
individual responsibility of each person or agent of a person who is subject to the filing requirement. An
offense under Chapter 176 is a Class C misdemeanor.
NOTE: If you are not aware of a Conflict of Interest in any business relationship that you might
have with the City, state Contractor name in the # 1, use N/A in each of the areas on the form.
However, a signature is required in the #7 box in all cases.
CONFLICT OF INTEREST QUESTIONNAIRE FORA CIO
For vendor doing busimss with local governmental entity
This questionnaire reflects changes made to the law by H,f3. 23, a4ih Leg., Regular Session. OFFICEUSEONLY
his questionnaire is being liled it accordance with Chapter 176. Local Gavemment Code, by a vendor who Date Aeca- a
has a business relationship as clahned by Section 176-001(1-a) with a local governmental entity and the
vendor meets requirements under Section 176.006(a)-
fay law this questionnaire must be liled with the records administrator of the local gmammenlal entity not later
than the 7th business day after the date the vendor becomes aware of facts that require the slatement to be
filed. Sap Section 1 76-006(a-1), Local Goaemment code.
A vendor commits an offense if the vendor knowingly violates Section 176.U06, Loral Government Code- An
offense under this section is a misdemeanor.
J N ame of vendor who has a business relationship with lo-cal governmental entity.
Not Applicable
J Check ih is box Ifyou are fill ng an update to a previously filed quasfiormaire. (The law requires that you file an updatea
I� campleteci _i jestionnaire with the appropriate filing auth wity not later than the 7th business day after the date on wh is h
you became aware that the originally filed questionnaire was incomplete Or inaccurate.)
J Name of local government officer about wham the information is being disclosed.
Not Applicable
Name of Off cer
J Describe each employment or other business relationship with the local government officer, or a family member of the
officer, as described by Section 176.00.2(a)(2)(A). Also descri6eany familyrelationshipwith the local govern mentoff icer.
Complete subparts A and B ioreach employment or business relationship described. Atta-ch additional pages to this Form
CIO as necessary.
N/A
A- Is the local government officer or a family member of the officer receiving or likely to receive taxable income,
other than investment income. from the vendor?
Yes =No
B- Is thevendor receiving or likely to receive taxable iwnme, other than investment i-icome. from or at the direction
of the local govemment officer Or a family mernbarof the offioerAND the taxable income is not received from the
local governmental entity?
=Yes =No
Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or
other business entity with respect to which the local government officer serves as an officer or director, or holds an
ownership inwrest of one percent or more.
N/A
J
NCheck this boat if the vendor has given the local government officer or a family member of the officer One or more gifts
A as described in Section 178.OU3(a}(2}(Bj, excluding gifts described in Serition 176-003(a-1).
7
05.19.23
Signature of vendor doing business with the governmental enW
Form provided by Texas Ethics Commission brew. athi cs.stata. roc. u s Re Ased 111r2021
Revised 6.9.22cc
CONFLICT OF INTEREST QUESTIONNAIRE
For vendor doing business with local governmental entity
A complete copy of Chapter 176 of the Local Government Cade may be found at http Avww. statutes_legis_state.tx_us/
Docs+L +htrNLG_ 17B.tOm. For easy reference. below are some of the sections cited on this farm.
Local Government Code 6176.001(1-a): "Business relationship" means a connection between two or more parties
based on commercial activity atone of the parties. The germ does not include a connection based on:
(A) a tran saction that is s ubject to rate or fee regulation by a federal, state, or local governmental entity or an
agency of a federal, state, or local governmental entity;
(B) a transaction conducted at a price and subject to terms available to the public; or
(C) a pu rchase or lease of goods or services from a person that is ch artered by a state or federal agency and
that is subject to regular examination by, and reporting to, that agency.
Local Goverment Cade § 176.DD3(a)f2)(A] and ( B),
(a) A local govern ment officer sh all fi le a confI icts disclo sure statement with respect to a vendor if:
(2) thevendor:
(A) has an employment or other business relationship with the local government officer or a
family member of the officer that results in the officer or family member receiving taxable
income, other than investment income, that exceeds $2,500 during the 12-month period
preceding the date that the officer becomes aware that
(i) a contract between the local govern mental entity and vendor has been executed;
or
(i i) the local governmental entity is considering entering into a contract with the
vendor,
(B) h as given to the lccaJ government officer or a family mem ber of the off icer one or more gifts
that have an aggregate value of more than 3 100 in the 12-month period preceding the date the
officer becomes aware that:
(i) a contract between the local governmental entity and vendor has been executed; or
(i i) the local governmental entity is considering entering into a contract with the vendor-
Loca I Gove rnme nt Code 61 76.006(a) and (a-1)
{a) Avendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship
with a local governmental entity and:
(1) has an employment or other business relationship with a local government officer of that local
governmental entity, or a fam ily member of the officer. descri bed by Section 176-003(a)(2) (A);
(2) h as given a local govemment officer of that I oval govern mental entity, or a family member of the
officer. one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B), excluding any
gift described by Section 176.003(a-1)1 or
(3) has a famity relationship with a local government officer of that local governmental entity-
{a- f ) The completed confI ict of interest questionnaire must be fi led with the appropriate records admin istrator
not later than the seventh business day after the later of:
(1) the date that the vendor:
(A) begins discussions or negotiations to enter into a contract with the local governmental
entity; or
(B) subm its to the local governmental entity an application. response to a request for proposals
or bids, correspondence, or another writing related to a potential contract with the local
governmental entity; or
(2) the date the vendor becomes aware:
(A) of an employment or other business relationship with a local government officer, or a
family member of the officer, described by Subsection (a);
(B) that the ven dor has given one or mare gifts described by Subsection (a), or
(G) of a family relationship with a local government officer -
Form provided by Texas Dhics Commission rrnw. othi cs.stato.lx. u s Reuised 1112021
Revised 6.9.22cc