HomeMy WebLinkAboutContract 59789CSC No. 59789
FORT WORTH.
VENDOR SERVICES AGREEMENT
This VENDOR SERVICES AGREEMENT ("Agreement") is made and entered into by and
between the CITY OF FORT WORTH ("City"), a Texas home rule municipal corporation, acting by and
through its duly authorized Assistant City Manager, and Southern Automation, LLC ("Vendor"), a
registered companyand acting by and through its duly authorized representative, each individually referred
to as a "party" and collectively referred to as the "parties."
1. Scoue of Services. Automatic door installation & repair services ("Services"), which are
set forth in more detail in Exhibit "A," attached hereto and incorporated herein for all purposes.
2. Term. The initial term of this Agreement is for 1 year(s), beginning on the date that this
Agreement is executed by the City's Assistant City Manager ("Effective Date"), unless terminated earlier
in accordance with this Agreement ("Initial Term"). City will have the option, in its sole discretion, to
renew this Agreement under the same terms and conditions, for up to 4 one-year renewal option(s) (each a
"Renewal Term").
3. Comuensation.
3.1 Total compensation under this Agreement will not exceed One Hundred Eighty
Six Thousand Five Hundred Eighty Four Dollars and Zero Cents ($186,584.00).
3.2 City will pay Vendor in accordance with the Prompt Payment Act (Chapter 2251
of the Texas Government Code) and provisions of this Agreement, including Exhibit `B,"
which is attached hereto and incorporated herein for all purposes.
3.3 Vendor will not perform any additional services or bill for expenses incurred for
City not specified by this Agreement unless City requests and approves in writing the
additional costs for such services. City will not be liable for any additional expenses of
Vendor not specified by this Agreement unless City first approves such expenses in
writing.
4. Termination.
4.1. Written Notice. City or Vendor may terminate this Agreement at any time and for
any reason by providing the other party with 30 days' written notice of termination.
4.2 Non-annronriation of Funds. In the event no funds or insufficient funds are
appropriated by City in any fiscal period for any payments due hereunder, City will notify Vendor
of such occurrence and this Agreement will terminate on the last day of the fiscal period for which
appropriations were received without penalty or expense to City of any kind whatsoever, except as
to the portions of the payments herein agreed upon for which funds have been appropriated.
OFFICIAL RECORD
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4.3 Duties and Obligations of the Parties. In the event that this Agreement is
terminated prior to the Expiration Date, City will pay Vendor for services actually rendered up to
the effective date of termination and Vendor will continue to provide City with services requested
by City and in accordance with this Agreement up to the effective date of termination. Upon
termination of this Agreement for any reason, Vendor will provide City with copies of all
completed or partially completed documents prepared under this Agreement. In the event Vendor
has received access to City Information or data as a requirement to perform services hereunder,
Vendor will return all City provided data to City in a machine readable format or other format
deemed acceptable to City.
5. Disclosure of Conflicts and Confidential Information.
5.1 Disclosure of Conflicts. Vendor hereby warrants to City that Vendor has made full
disclosure in writing of any existing or potential conflicts of interest related to Vendor's services
under this Agreement. In the event that any conflicts of interest arise after the Effective Date of this
Agreement, Vendor hereby agrees immediately to make full disclosure to City in writing.
5.2 Confidential Information. Vendor, for itself and its officers, agents and employees,
agrees that it will treat all information provided to it by City ("City Information") as confidential
and will not disclose any such information to a third party without the prior written approval of
City.
5.3 Public Information Act. City is a government entity under the laws of the State of
Texas and all documents held or maintained by City are subject to disclosure under the Texas Public
Information Act. In the event there is a request for information marked Confidential or Proprietary,
City will promptly notify Vendor. It will be the responsibility of Vendor to submit reasons objecting
to disclosure. A determination on whether such reasons are sufficient will not be decided by City,
but by the Office of the Attorney General of the State of Texas or by a court of competent
jurisdiction.
5.4 Unauthorized Access. Vendor must store and maintain City Information in a secure
manner and will not allow unauthorized users to access, modify, delete or otherwise corrupt City
Information in any way. Vendor must notify City immediately if the security or integrity of any
City Information has been compromised or is believed to have been compromised, in which event,
Vendor will, in good faith, use all commercially reasonable efforts to cooperate with City in
identifying what information has been accessed by unauthorized means and will fully cooperate
with City to protect such City Information from further unauthorized disclosure.
6. Right to Audit. Vendor agrees that City will, until the expiration of three (3) years after
final payment under this Agreement, or the final conclusion of any audit commenced during the said three
years, have access to and the right to examine at reasonable times any directly pertinent books, documents,
papers and records, including, but not limited to, all electronic records, of Vendor involving transactions
relating to this Agreement at no additional cost to City. Vendor agrees that City will have access during
normal working hours to all necessary Vendor facilities and will be provided adequate and appropriate work
space in order to conduct audits in compliance with the provisions of this section. City will give Vendor
reasonable advance notice of intended audits.
7. Indeuendent Contractor. It is expressly understood and agreed that Vendor will operate
as an independent contractor as to all rights and privileges and work performed under this Agreement, and
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not as agent, representative or employee of City. Subject to and in accordance with the conditions and
provisions of this Agreement, Vendor will have the exclusive right to control the details of its operations
and activities and be solely responsible for the acts and omissions of its officers, agents, servants,
employees, Vendors, and subcontractors. Vendor acknowledges that the doctrine of respondeat superior
will not apply as between City, its officers, agents, servants and employees, and Vendor, its officers, agents,
employees, servants, contractors, and subcontractors. Vendor further agrees that nothing herein will be
construed as the creation of a partnership or joint enterprise between City and Vendor. It is further
understood that City will in no way be considered a Co -employer or a Joint employer of Vendor or any
officers, agents, servants, employees, contractors, or subcontractors. Neither Vendor, nor any officers,
agents, servants, employees, contractors, or subcontractors of Vendor will be entitled to any employment
benefits from City. Vendor will be responsible and liable for any and all payment and reporting of taxes on
behalf of itself, and any of its officers, agents, servants, employees, or contractors.
Liabilitv and Indemnification.
8.1 LIABILITY - VENDOR WILL BE LIABLE AND RESPONSIBLE FOR ANY
AND ALL PROPERTY LOSS, PROPERTY DAMAGE AND PERSONAL INJURY,
INCLUDING, INCLUDING, BUT NOT LIMITED TO, DEATH, TO ANY AND ALL
PERSONS, OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, TO THE
EXTENT CAUSED BY THE NEGLIGENT ACTS) OR OMISSION(S), MALFEASANCE OR
INTENTIONAL MISCONDUCT OF VENDOR, ITS OFFICERS, REPRESENTATIVES,
AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, OR SUBCONTRACTORS.
8.2 GENERAL INDEMNIFICATION - VENDOR HEREBY COVENANTS AND
AGREES TO INDEMNIFY, HOLD HARMLESS, AND DEFEND CITY, ITS OFFICERS,
AGENTS, REPRESENTATIVES, SERVANTS, AND EMPLOYEES, FROM AND AGAINST
ANY AND ALL CLAIMS OR LAWSUITS OF ANY KIND OR CHARACTER, WHETHER
REAL OR ASSERTED, FOR EITHER PROPERTY DAMAGE OR LOSS (INCLUDING
ALLEGED DAMAGE OR LOSS TO VENDOR'S BUSINESS AND ANY RESULTING LOST
PROFITS) AND PERSONAL INJURY, INCLUDING, BUT NOT LIMITED TO, DEATH, TO
ANY AND ALL PERSONS, ARISING OUT OF OR IN CONNECTION WITH THIS
AGREEMENT, TO THE EXTENT CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS
OR MALFEASANCE OF VENDOR, ITS OFFICERS, AGENTS, REPREENTATIVES,
SERVANTS, EMPLOYEES, CONTRACTORS, OR SUBCONTRACTORS.
8.3 INTELLECTUAL PROPERTY INDEMNIFICATION — Vendor agrees to
defend, settle, or pay, at its own cost and expense, any claim or action against City for
infringement of any patent, copyright, trade mark, trade secret, or similar property right
arising from City's use of the software or documentation in accordance with this Agreement,
it being understood that this agreement to defend, settle or pay will not apply if City modifies
or misuses the software and/or documentation. So long as Vendor bears the cost and expense
of payment for claims or actions against City pursuant to this section, Vendor will have the
right to conduct the defense of any such claim or action and all negotiations for its settlement
or compromise and to settle or compromise any such claim; however, City will have the right
to fully participate in any and all such settlement, negotiations, or lawsuit as necessary to
protect City's interest, and City agrees to cooperate with Vendor in doing so. In the event
City, for whatever reason, assumes the responsibility for payment of costs and expenses for
any claim or action brought against City for infringement arising under this Agreement, City
will have the sole right to conduct the defense of any such claim or action and all negotiations
for its settlement or compromise and to settle or compromise any such claim; however,
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Vendor will fully participate and cooperate with City in defense of such claim or action.
City agrees to give Vendor timely written notice of any such claim or action, with copies of
all papers City may receive relating thereto. Notwithstanding the foregoing, City's
assumption of payment of costs or expenses will not eliminate Vendor's duty to indemnify
City under this Agreement. If the software and/or documentation or any part thereof is held
to infringe and the use thereof is enjoined or restrained or, if as a result of a settlement or
compromise, such use is materially adversely restricted, Vendor will, at its own expense and
as City's sole remedy, either: (a) procure for City the right to continue to use the software
and/or documentation; or (b) modify the software and/or documentation to make it non -
infringing, provided that such modification does not materially adversely affect
City's authorized use of the software and/or documentation; or (c) replace the software and
documentation with equally suitable, compatible, and functionally equivalent non -infringing
software and documentation at no additional charge to City; or (d) if none of the foregoing
alternatives is reasonably available to Vendor terminate this Agreement, and refund all
amounts paid to Vendor by City, subsequent to which termination City may seek any and all
remedies available to City under law.
Assignment and Subcontracting.
9.1 Assignment. Vendor will not assign or subcontract any of its duties, obligations
or rights under this Agreement without the prior written consent of City. If City grants consent to
an assignment, the assignee will execute a written agreement with City and Vendor under which
the assignee agrees to be bound by the duties and obligations of Vendor under this Agreement.
Vendor will be liable for all obligations of Vendor under this Agreement prior to the effective date
of the assignment.
9.2 Subcontract. If City grants consent to a subcontract, the subcontractor will execute
a written agreement with Vendor referencing this Agreement under which subcontractor agrees to
be bound by the duties and obligations of Vendor under this Agreement as such duties and
obligations may apply. Vendor must provide City with a fully executed copy of any such
subcontract.
10. Insurance. Vendor must provide City with certificate(s) of insurance documenting
policies of the following types and minimum coverage limits that are to be in effect prior to commencement
of any Services pursuant to this Agreement:
10.1 Coverage and Limits
(a) Commercial General Liability:
$1,000,000 - Each Occurrence
$2,000,000 - Aggregate
(b) Automobile Liability:
$1,000,000 - Each occurrence on a combined single limit basis
Coverage will be on any vehicle used by Vendor, or its employees, agents, or
representatives in the course of providing Services under this Agreement. "Any
vehicle" will be any vehicle owned, hired and non -owned.
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(c) Worker's Compensation:
Statutory limits according to the Texas Workers' Compensation Act or any other
state workers' compensation laws where the Services are being performed
Employers' liability
$100,000 -
Bodily Injury by accident; each accident/occurrence
$100,000 -
Bodily Injury by disease; each employee
$500,000 -
Bodily Injury by disease; policy limit
(d) Professional Liability (Errors & Omissions): ❑ Applicable ❑ N/A
$1,000,000 - Each Claim Limit
$1,000,000 - Aggregate Limit
Professional Liability coverage may be provided through an endorsement to the
Commercial General Liability (CGL) policy, or a separate policy specific to
Professional E&O. Either is acceptable if coverage meets all other requirements.
Coverage must be claims -made, and maintained for the duration of the contractual
agreement and for two (2) years following completion of services provided. An
annual certificate of insurance must be submitted to City to evidence coverage.
10.2 General Reurrements
(a) The commercial general liability and automobile liability policies must
name City as an additional insured thereon, as its interests may appear. The term
City includes its employees, officers, officials, agents, and volunteers in respect to
the contracted services.
(b) The workers' compensation policy must include a Waiver of Subrogation
(Right of Recovery) in favor of City.
(c) A minimum of Thirty (30) days' notice of cancellation or reduction in
limits of coverage must be provided to City. Ten (10) days' notice will be
acceptable in the event of non-payment of premium. Notice must be sent to the
City in accordance with the notice provision of this Agreement.
(d) The insurers for all policies must be licensed and/or approved to do
business in the State of Texas. All insurers must have a minimum rating of A- VII
in the current A.M. Best Key Rating Guide, or have reasonably equivalent financial
strength and solvency to the satisfaction of Risk Management. If the rating is
below that required, written approval of Risk Management is required.
(e) Any failure on the part of City to request required insurance
documentation will not constitute a waiver of the insurance requirement.
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(f) Certificates of Insurance evidencing that Vendor has obtained all required
insurance will be delivered to the City prior to Vendor proceeding with any work
pursuant to this Agreement.
11. Compliance with Laws, Ordinances, Rules and ReLFulations. Vendor agrees that in the
performance of its obligations hereunder, it will comply with all applicable federal, state and local laws,
ordinances, rules and regulations and that any work it produces in connection with this Agreement will also
comply with all applicable federal, state and local laws, ordinances, rules and regulations. If City notifies
Vendor of any violation of such laws, ordinances, rules or regulations, Vendor must immediately desist
from and correct the violation.
12. Non -Discrimination Covenant. Vendor, for itself, its personal representatives, assigns,
contractors, subcontractors, and successors in interest, as part of the consideration herein, agrees that in the
performance of Vendor's duties and obligations hereunder, it will not discriminate in the treatment or
employment of any individual or group of individuals on any basis prohibited by law. IF ANY CLAIM
ARISES FROM AN ALLEGED VIOLATION OF THIS NON-DISCRIMINATION COVENANT
BY VENDOR, ITS PERSONAL REPRESENTATIVES, ASSIGNS, CONTRACTORS,
SUBCONTRACTORS, OR SUCCESSORS IN INTEREST, VENDOR AGREES TO ASSUME
SUCH LIABILITY AND TO INDEMNIFY AND DEFEND CITY AND HOLD CITY HARMLESS
FROM SUCH CLAIM.
13. Notices. Notices required pursuant to the provisions of this Agreement will be
conclusively determined to have been delivered when (1) hand -delivered to the other party, its agents,
employees, servants or representatives, (2) delivered by facsimile with electronic confirmation of the
transmission, or (3) received by the other party by United States Mail, registered, return receipt requested,
addressed as follows:
To CITY:
City of Fort Worth
Attn: Assistant City Manager
200 Texas Street
Fort Worth, TX 76102-6314
Facsimile: (817) 392-8654
With copy to Fort Worth City Attorney's Office at
same address
"CfV�ls61
Southern Automation, LLC
Jack L. Hines, Jr., President
8101 Valcasi Drive, Suite 115
Arlington, TX 76001
Facsimile:
14. Solicitation of Emulovees. Neither City nor Vendor will, during the term of this
Agreement and additionally for a period of one year after its termination, solicit for employment or employ,
whether as employee or independent contractor, any person who is or has been employed by the other
during the term of this Agreement, without the prior written consent of the person's employer.
Notwithstanding the foregoing, this provision will not apply to an employee of either party who responds
to a general solicitation of advertisement of employment by either party.
15. Governmental Powers. It is understood and agreed that by execution of this Agreement,
City does not waive or surrender any of its governmental powers or immunities.
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16. No Waiver. The failure of City or Vendor to insist upon the performance of any term or
provision of this Agreement or to exercise any right granted herein does not constitute a waiver of City's or
Vendor's respective right to insist upon appropriate performance or to assert any such right on any future
occasion.
17. Governing Law / Venue. This Agreement will be construed in accordance with the laws
of the State of Texas. If any action, whether real or asserted, at law or in equity, is brought pursuant to this
Agreement, venue for such action will lie in state courts located in Tarrant County, Texas or the United
States District Court for the Northern District of Texas, Fort Worth Division.
18. Severability. If any provision of this Agreement is held to be invalid, illegal or
unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be
affected or impaired.
19. Force Maieure. City and Vendor will exercise their best efforts to meet their respective
duties and obligations as set forth in this Agreement, but will not be held liable for any delay or omission
in performance due to force majeure or other causes beyond their reasonable control, including, but not
limited to, compliance with any government law, ordinance, or regulation; acts of God; acts of the public
enemy; fires; strikes; lockouts; natural disasters; wars; riots; epidemics or pandemics; government action
or inaction; orders of government; material or labor restrictions by any governmental authority;
transportation problems; restraints or prohibitions by any court, board, department, commission, or agency
of the United States or of any States; civil disturbances; other national or regional emergencies; or any other
similar cause not enumerated herein but which is beyond the reasonable control of the Party whose
performance is affected (collectively, "Force Majeure Event"). The performance of any such obligation is
suspended during the period of, and only to the extent of, such prevention or hindrance, provided the
affected Party provides notice of the Force Majeure Event, and an explanation as to how it prevents or
hinders the Party's performance, as soon as reasonably possible after the occurrence of the Force Majeure
Event, with the reasonableness of such notice to be determined by the City in its sole discretion. The notice
required by this section must be addressed and delivered in accordance with Section 13 of this Agreement.
20. Headings not Controlling. Headings and titles used in this Agreement are for reference
purposes only, will not be deemed a part of this Agreement, and are not intended to define or limit the scope
of any provision of this Agreement.
21. Review of Counsel. The parties acknowledge that each party and its counsel have
reviewed and revised this Agreement and that the normal rules of construction to the effect that any
ambiguities are to be resolved against the drafting party will not be employed in the interpretation of this
Agreement or Exhibits A, B, and C.
22. Amendments / Modifications / Extensions. No amendment, modification, or extension
of this Agreement will be binding upon a party hereto unless set forth in a written instrument, which is
executed by an authorized representative of each party.
23. Counterparts. This Agreement may be executed in one or more counterparts and each
counterpart will, for all purposes, be deemed an original, but all such counterparts will together constitute
one and the same instrument.
24. Warranty of Services. Vendor warrants that its services will be of a high quality and
conform to generally prevailing industry standards. City must give written notice of any breach of this
warranty within thirty (30) days from the date that the services are completed. In such event, at Vendor's
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option, Vendor will either (a) use commercially reasonable efforts to re -perform the services in a manner
that conforms with the warranty, or (b) refund the fees paid by City to Vendor for the nonconforming
services.
25. Immigration Nationalitv Act. Vendor must verify the identity and employment eligibility
of its employees who perform work under this Agreement, including completing the Employment
Eligibility Verification Form (I-9). Upon request by City, Vendor will provide City with copies of all I-9
forms and supporting eligibility documentation for each employee who performs work under this
Agreement. Vendor must adhere to all Federal and State laws as well as establish appropriate procedures
and controls so that no services will be performed by any Vendor employee who is not legally eligible to
perform such services. VENDOR WILL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM
ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH
BY VENDOR, VENDOR'S EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, OR
AGENTS. City, upon written notice to Vendor, will have the right to immediately terminate this Agreement
for violations of this provision by Vendor.
26. Ownership of Work Product. City will be the sole and exclusive owner of all reports,
work papers, procedures, guides, and documentation that are created, published, displayed, or produced in
conjunction with the services provided under this Agreement (collectively, "Work Product"). Further, City
will be the sole and exclusive owner of all copyright, patent, trademark, trade secret and other proprietary
rights in and to the Work Product. Ownership of the Work Product will inure to the benefit of City from
the date of conception, creation or fixation of the Work Product in a tangible medium of expression
(whichever occurs first). Each copyrightable aspect of the Work Product will be considered a "work -made -
for -hire" within the meaning of the Copyright Act of 1976, as amended. If and to the extent such Work
Product, or any part thereof, is not considered a "work -made -for -hire" within the meaning of the Copyright
Act of 1976, as amended, Vendor hereby expressly assigns to City all exclusive right, title and interest in
and to the Work Product, and all copies thereof, and in and to the copyright, patent, trademark, trade secret,
and all other proprietary rights therein, that City may have or obtain, without further consideration, free
from any claim, lien for balance due, or rights of retention thereto on the part of City.
27. Signature Authoritv. The person signing this Agreement hereby warrants that they have
the legal authority to execute this Agreement on behalf of the respective party, and that such binding
authority has been granted by proper order, resolution, ordinance or other authorization of the entity. This
Agreement and any amendment hereto, may be executed by any authorized representative of Vendor. Each
party is fully entitled to rely on these warranties and representations in entering into this Agreement or any
amendment hereto.
28. Change in Companv Name or Ownership. Vendor must notify City's Purchasing
Manager, in writing, of a company name, ownership, or address change for the purpose of maintaining
updated City records. The president of Vendor or authorized official must sign the letter. A letter indicating
changes in a company name or ownership must be accompanied with supporting legal documentation such
as an updated W-9, documents filed with the state indicating such change, copy of the board of director's
resolution approving the action, or an executed merger or acquisition agreement. Failure to provide the
specified documentation so may adversely impact future invoice payments.
29. No Bovcott of Israel. If Vendor has fewer than 10 employees or this Agreement is for
less than $100,000, this section does not apply. Vendor acknowledges that in accordance with Chapter
2271 of the Texas Government Code, the City is prohibited from entering into a contract with a company
for goods or services unless the contract contains a written verification from the company that it: (1) does
not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel"
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and "company" has the meanings ascribed to those terms in Section 2271 of the Texas Government Code.
By signing this Agreement, Vendor certifies that Vendor's signature provides written verification to
the City that Vendor: (1) does not boycott Israel; and (2) will not boycott Israel during the term of
the Agreement.
30. Prohibition on Bovcottine Enerev Companies. Vendor acknowledges that, in
accordance with Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S.,
S.B. 13, § 2, the City is prohibited from entering into a contract for goods or services that has a value of
$100,000 or more that is to be paid wholly or partly from public funds of the City with a company with 10
or more full-time employees unless the contract contains a written verification from the company that it:
(1) does not boycott energy companies; and (2) will not boycott energy companies during the term of the
contract. The terms "boycott energy company" and "company" have the meaning ascribed to those terms
by Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2. To
the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this
Agreement, Vendor certifies that Vendor's signature provides written verification to the City that Vendor:
(1) does not boycott energy companies; and (2) will not boycott energy companies during the term of this
Agreement.
31. Prohibition on Discrimination ALainst Firearm and Ammunition Industries. Vendor
acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government Code, as added
by Acts 2021, 87th Leg., R.S., S.B. 19, § 1, the City is prohibited from entering into a contract for goods or
services that has a value of $100,000 or more that is to be paid wholly or partly from public funds of the
City with a company with 10 or more full-time employees unless the contract contains a written verification
from the company that it: (1) does not have a practice, policy, guidance, or directive that discriminates
against a firearm entity or firearm trade association; and (2) will not discriminate during the term of the
contract against a firearm entity or firearm trade association. The terms "discriminate," "firearm entity"
and "firearm trade association" have the meaning ascribed to those terms by Chapter 2274 of the Texas
Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1. To the extent that Chapter 2274
of the Government Code is applicable to this Agreement, by signing this Agreement, Vendor certifies that
Vendor's signature provides written verification to the City that Vendor: (1) does not have a practice, policy,
guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will
not discriminate against a firearm entity or firearm trade association during the term of this Agreement.
32. Electronic Signatures. This Agreement may be executed by electronic signature, which
will be considered as an original signature for all purposes and have the same force and effect as an original
signature. For these purposes, "electronic signature" means electronically scanned and transmitted versions
(e.g. via pdf file or facsimile transmission) of an original signature, or signatures electronically inserted via
software such as Adobe Sign.
33. Entirety of Agreement. This Agreement contains the entire understanding and agreement
between City and Vendor, their assigns and successors in interest, as to the matters contained herein. Any
prior or contemporaneous oral or written agreement is hereby declared null and void to the extent in conflict
with any provision of this Agreement.
(signature page follows)
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiples.
City:
Dana LU44Loff
By: Dana Burghdoff (Ju 7, 2023 15.55 CDT)
Name: Dana Burghdoff
Title: Assistant City Manager
Date:
Vendor: Southern Automation, LLC
By:
Name: Jack L. Hines, Jr.
Title: President
Date: July 13, 2023
FOR CITY OF FORT WORTH INTERNAL PROCESSES:
Approval Recommended:
By: Christopher arder (Jul 14, 202316:36 CDT)
Name: Chris Harder
Title: Water Department Director
Approved as to Form and Legality
By: Mack (Ju(17, 202314:05 CDT)
Name: Doug Black
Title: Assistant City Attorney
Contract Authorization:
M&C: 23-0599
Form 1295: 2023-1028992
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:
, a
Name: Shatabya Bergland
Title: Contract Compliance Specialist
City Secretary:
By:
Name: Jannette Goodall
Title: City Secretary
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OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
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EXHIBIT A
SCOPE OF SERVICES
See next page.
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PART 2
SCOPE OF SERVICES/SPECIFICATIONS
1.0 SCOPE
1.1 The City of Fort Worth (City) seeks bids to finalize an agreement for automatic door
installation and repair services for multiple City Departments on an "as needed" basis.
Prospective responding bidders should ensure they download all attachments for complete
responses and understanding of the agreement the City intends to award from this
solicitation. The successful bidder(s), known hereafter as "Contractor"/"Vendor."
1.2 The quantities listed on the price submittal are only estimates based on previous usage
and do not indicate intent to purchase ora guarantee of future business. The City is
obligated to pay for only those services actually ordered by an authorized City employee
and then received as required and accepted by the City.
1.3 This Agreement shall begin on the date the City Secretary Contract is executed by the
Assistant City Manager ("Effective Date") and shall expire one year from that date,
("Expiration Date"), unless terminated earlier in accordance with this Agreement ("Initial
Term"). Upon the expiration of the Initial Term, the Agreement shall renew automatically
under the same terms and conditions for up to four (4) one-year renewal periods (October
1 to September 30), unless City or Vendor provides the other party with notice of non -
renewal at least 60 days before the expiration of the Initial Term or renewal period.
However, if funds are not appropriated, the City may cancel the Agreement 30 calendar
days after providing written notification to the Contractor/ Vendor.
1.4 Following the award, additional services of the same general category that could have
been encompassed in the award of this Agreement, and that are not already on the
Agreement, may be added based on the discount bid and price sheet provided with the bid.
1.5 Unit prices shall include all costs associated with the specified work, including but not
limited to handling, delivery, fuel charges, fees and certifications fees. NO ADDITIONAL
CHARGES WILL BE ACCEPTED OR PAID BY THE CITY.
1.6 Any services that have been omitted from this scope of service that are clearly necessary
or in conformance shall be considered a requirement although not directly specified or
called for in the scope of services.
1.7 The submission of a bid by the bidder shall be considered evidence of compliance with
these requirements.
2.0 TENTATIVE SCHEDULE OF EVENTS
TASK DATE
ITB Release Date May 10, 2023
Pre -Bid Conference May 16, 2023
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Deadline for Questions
Answers Posted
ITB Response Due Date AT 1:30 p.m. (Local Time)
Recommended Vendor Selection
Mayor and Council Consideration
Contract Execution
May 17, 2023 5:OOPM (Local Time)
May 19, 2023
May 25, 2023
June 2023
June/August 2023
September 2023
3.0 CHANGE IN COMPANY NAME OR OWNERSHIP - The Vendor shall notify the City's Senior
Purchasing Manager, in writing, of a company name, ownership, or address change for the purpose
of maintaining updated City records. The president of the company or authorized official must sign
the letter. A letter indicating changes in a company name or ownership must be accompanied with
supporting legal documentation such as an updated W-9, documents filed with the state indicating
such change, copy of the board of director's resolution approving the action, or an executed merger
or acquisition agreement. Failure to do so may adversely impact future invoice payments.
4.0 CONTRACTOR REQUIREMENTS IN ORDER FOR THE BID TO BE EVALUATED
4.1 The Contractor shall:
4.1.1 Have a minimum of two (2) years of experience conducting services similar or
related to the Scope of Services.
4.1.2 Have and operate a full-time, permanent business address with the ability to be
reached by email and telephone Monday through Friday.
5.0 METHOD OF AWARD
5.1 Bids will first be evaluated based upon bids received from a responsible bidder that
presents the best value to the City. A responsible bidder is defined as a bidder that:
5.1.1 Meets all the requirements listed in Section 4, Part 2.
5.1.2 Submits a completed bid package within the stated deadline and in accordance
with the bid specifications.
5.2 Bids that do not receive 50% or more of the total available points, excluding the points for
price, will be deemed non -responsive.
5.3 The following criteria will be used to determine the best value:
5.3.1 Cost of service — up to 35 points
5.3.1.1 Will be evaluated utilizing Price Submittal.
5.3.2 Contractor's Qualifications and, Experience— up to 35 points
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5.3.2.1 Will be evaluated utilizing Attachment F-Vendor Questionnaire.
Any and all applicable licenses will also be considered as specified
in part 1, section 14.2. Points will be awarded based on
contractor's qualifications, experience, and references.
5.3.3 Availability of resources to provide equipment— up to 10 points
5.3.3.1 Will be evaluated utilizing Attachment F-Vendor Questionnaire.
Points will be awarded based on availability to provide equipment.
5.3.4 Availability of resources to provide personnel- up to 10 points
5.3.4.1 Will be evaluated utilizing Attachment F-Vendor Questionnaire.
Points will be awarded based on availability to provide personnel.
5.3.5 Contractor's approach to perform services — up to 10 points
5.3.5.1 Will be evaluated utilizing requested Performance Plan as
specified in part 1, section 14.2.4. Full 10 points will be awarded to
contractor whose performance plan meet the needs of the City.
5.4 In order for the City to receive adequate coverage on its requirements as specified in the
solicitation, the City reserves the right to make multiple awards.
5.5 The City reserves the right to accept or reject in whole or in part any or all bids received
and to make an award on the basis of individual item, combination of items, or overall bid,
as it is deemed in the best interest of the City. The City also reserves the right to reject the
bid of a bidder who has previously failed to perform properly or complete on time
agreements of a similar nature.
5.6 The City reserves and shall be free to exercise the right to evaluate bid in relation to
performance record of bidder with the City itself, another municipal corporation of like size,
or private corporations during the past two-year period. Such precautions are deemed to be
in the public interest inasmuch as Vendor failure or inability to furnish items within the
prescribed time can create emergency situations and impose unnecessary hardship on
both the City as a municipal corporation and the public at large.
5.7 The evaluation factors listed above will be applied in a comparative manner to all eligible,
responsive bids. Award may be made without discussion with Bidders after bids are
received. Bids should, therefore, be submitted on the most favorable terms.
5.8 The City also reserves the right to reject the bid of a bidder who has previously failed to
perform properly or complete on time agreements of a similar nature.
5.9 If Attachment B, Local Preference, is completed by any Bidder, the City will review the
Attachment to determine whether Local preference will apply to the award.
6.0 SPECIFICATIONS
6.1 Services shall include but not be limited to:
6.2 Remove doors off the extant operator spindles.
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6.3 Remove and dispose of original, broken, and obsolete operator systems from the in -ground
concrete boxes.
6.4 Furnish and install new, in -ground operators.
6.5 Retro-fit the current generation operators into the existing floor boxes and tie in the cable
controls to the existing control panel.
6.6 Ensure installation of modifications for automatic doors that will service citizens with
impairments and disabilities. Modifications must meet or exceed ADA (American Disability
Act) standards.
6.7 Hang doors on new component systems and adjust them in their frames.
6.8 Tune and adjust the operators to code compliance speeds and force parameters.
6.9 Test the system and ensure all components function correctly.
7.0 EQUIPMENT AND PARTS
7.1 The types of doors to be repaired will include, but not limited to Stanley DynaGlide, Dura-
glide Besam Model 4002 and any other automatic door systems.
7.2 Vendor shall use equipment necessary to perform the services requested by the City.
Equipment can range from hand tools, to industrial repair tools.
7.3 All parts and materials supplied under this agreement shall be new, unused, and of recent
manufacture and suitable for its intended purpose.
7.4 When necessary, uses or rebuilt parts can be used for temporary repairs while waiting for
new parts to arrive.
7.5 All parts and equipment must have a UL certification, which is required for all electrical
parts.
8.0 RESPONSE TIMES AND HOURS OF SERVICE
8.1 Contractor shall respond to all service requests within twenty-four (24) hours of notification
by City employee(s), or by the time agreed upon by the authorized City employee(s) and
Contractor.
8.2 Vendor shall service all City facility locations; case -by -case basis; City will have the right to
assess additional service locations; service locations will be listed herein this solicitation.
8.3 Regular hours of service shall be from 8:OOAM to 5:OOPM, Monday through Friday.
8.4 Overtime/emergency hours shall be from 5:01 PM to 7:59AM, Monday through Friday; all
hours on Saturday and Sunday and the following City observed holidays:
8.4.1 New Year's Day
8.4.2 Martin Luther King Jr. Day
8.4.3 Memorial Day
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8.4.4
Juneteenth
8.4.5
July Fourth
8.4.6
Labor Day
8.4.7
Thanksgiving and following Friday
8.4.8
Christmas Day
9.0 QUALITY ASSURANCE AND TESTING
9.1 The Vendor shall be responsible for meeting all Federal: laws, ordinances
and regulations; State: laws, ordinance and regulations; County: laws,
ordinances and regulations; and City: laws, ordinances, and regulations for
safety of people, environment, and property. This includes, but is not limited
to, all Federal, State, County, and City Agencies, Administrations and
Commissions such as the Environmental Protection Agency (EPA),
Occupational Safety and Health Administration (OSHA), and the Texas
Commission on Environmental Quality (TCEQ). In the event any law,
regulation or ordinance becomes effective after the start of this Agreement,
the Vendor is required to comply with new policy. Any mandates requiring
the City to comply with new guidelines will also require the Vendor to
comply.
9.2 Failure of the City to insist in any one or more instances upon performance
of any of the terms and conditions of this Agreement shall not be construed
as a waiver or relinquishment of the future performance of any terms and
conditions, but the Vendor's obligation with respect to such performance
shall continue in full force and effect.
9.3 Vendor technicians shall have a minimum of two (2) years of work
experience.
10.0 BRAND NAME OR EQUAL
10.1 Any manufacturer's names, trade names, brand names information, and/or catalog
numbers listed in this specification are for information and not intended to limit competition
unless otherwise indicated. Bidders may offer any brand for which he/she is an authorized
representative, which meets or exceeds the bid specification for any item(s) listed herein. I
bids are based on equivalent products, indicate on the price submittal the manufacturer's
product name and reference number.
10.2 Vendors shall submit proposals, cuts, sketches, and descriptive literature, and/or complete
specifications. Bidders shall explain the reason(s) why the proposed equivalent will meet
the specifications and not be considered an exception thereto. Bids which do not comply
with these requirements are subject to rejection. Bids lacking any written indication of intent
to bid an alternate brand will be received and considered incomplete.
10.3 The Senior Purchasing Manager or designee will evaluate "equal" product on the basis of
information furnished by the Vendor or identified in the bid and reasonably available to the
Senior Purchasing Manager. The Senior Purchasing Manager or designee is not
responsible for locating or obtaining any information not identified in the order.
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10.4 Unless the bidder clearly indicates in its bid that the product being offered is an "equal"
product the bidder shall provide the brand name product referenced in the bid.
10.5 The City shall have the sole right to determine equal products.
11.0 WARRANTY
11.1 All parts installed under this contract shall carry a minimum allowable manufacturer
warranty period for up to one year. Warranties shall be effective on the date the parts are
accepted by the City.
11.2 No repair or service work provided on any existing equipment shall void the existing
warranty on the equipment.
11.3 Contractor warrants and guarantees that all items shall be in good working order from the
time items are placed into service. Items shall be free of defects by design, materials, and
workmanship for a period of not less than two years. Should equipment fail during the
warranty period, it shall be repaired/replaced at no expense to the City.
12.0 LAWS. REGULATIONS. AND ORDINANCES
12.1 The Vendor shall be responsible for meeting all Federal: laws, ordinances and regulations;
State: laws, ordinance and regulations; County: laws, ordinances and regulations; and City:
laws, ordinances, and regulations for safety of people, environment, and property. This
includes, but is not limited to, all Federal, State, County, and City Agencies, Administrations
and Commissions such as the Environmental Protection Agency (EPA), Occupational
Safety and Health Administration (OSHA), and the Texas Commission on Environmental
Quality (TCEQ). In the event any law, regulation or ordinance becomes effective after the
start of this Agreement, the Vendor is required to comply with new policy. Any mandates
requiring the City to comply with new guidelines will also require the Vendor to comply.
13.0 INVOICING REQUIREMENTS
13.1 The City of Fort Worth has begun implementing an automated invoicing system.
13.2 The Contractor shall send invoices electronically to our centralized Accounts Payable
department invoice email address: suoolierinvoices(a)fortworthtexas.aov.. This email
address is not monitored so please do not send correspondence to this email address.
The sole purpose of the supplier invoices email address is to receipt and process supplier
invoices.
13.3 Please include the following on the subject line of your e-mail: vendor name, invoice
number, and PO number, separated by an underscore (ex: Example, Inc._123456_FW013-
0000001234)
13.4 To ensure the system can successfully process your invoice in an expedient manner,
please adhere to the following requirements:
• All invoices must be either a PDF or TIFF format.
• Image quality must be at least 300 DPI (dots per inch).
• Invoices must be sent as an attachment (i.e. no invoice in the body of the email).
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• One invoice per attachment (includes PDFs). Multiple attachments per email is
acceptable but each invoice must be a separate attachment.
• Please do not send handwritten invoices or invoices that contain handwritten notes.
• Dot matrix invoice format is not accepted.
• The invoice must contain the following information:
• Supplier Name and Address;
• Remit to Supplier Name and Address, if different;
• Applicable City Department business unit# (i.e. FW013)
• Complete City of Fort Worth PO number (i.e. the PO number must contain all
preceding zeros);
• Invoice number;
• Invoice date; and
• Invoices should be submitted after delivery of the goods or services.
13.5 To prevent invoice processing delays, please do not send invoices by mail and email and
please do not send the same invoice more than once by email to
suDDlierinvoiceslcbfortworthtexas.aov. To check on the status of an invoice, please contact
the City Department ordering the goods/services or the Central Accounts Payable
Department by email at: ZZ FIN AccountsPavablea-fortworthtexas.aov.
13.6 If you are unable to send your invoice as outlined above at this time, please send your
invoice to our centralized Accounts Payable department instead of directly to the individual
city department. This will allow the city staff to digitize the invoice for faster processing.
13.7 If electronic invoicing is not possible, you may send your paper invoice to:
City of Fort Worth
Attn: FMS Central Accounts Payable
200 Texas Street
Fort Worth, Texas, 76102
The City's goal is to receive 100% of invoices electronically so that all supplier payments
are processed efficiently. To achieve this goal, we need the Contractor's support.
If Contractor has any questions, please contact the Accounts Payable team at (817) 392-
2451 or by email to ZZ FIN AccountsPavable@fortworthtexas.gov.
13.8 Contractor shall not include Federal, State of City sales tax in its invoices. City shall furnish
a tax exemption certificate upon Vendor's request
14.0 UNIT PRICE ADJUSTMENT
14.1 Vendor may request a Price Adjustment based on Price Adjustment Verification up to one
time Quarterly. Price Adjustment means an unplanned or unanticipated change, upward or
downward, from the established contract price that is supported by demonstrated Price
Adjustment Justification. A request for a Price Adjustment must be initiated by the Vendor.
Price Adjustments shall not be allowed more frequently than once Quarterly. It is within the
sole discretion of the City to determine whether an adjustment is necessary and/or
acceptable.
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14.2 Quarterly means the City's Fiscal year quarters, being each of the three (3) month periods
the first of which begins October 1. Quarter (Q)1: October 1 — December 31; Q2: Jan 1 —
March 31; Q3P: April 1 —June 30; Q4: July 1 —September 30.
14.3 Price Adjustment Justification means documentation supporting a requested Price
Adjustment and showing an objectively verifiable basis for a change in price due to the
documented impact of economic conditions on labor, equipment, or materials. Examples of
possible Price Adjustment Justification include, but are not limited to, cost indexes, and/or
updated supplier price sheets. It is within the sole discretion of the City to determine
whether Price Adjustment Justification is sufficient and/or acceptable.
14.4 The Vendor must submit its Price Adjustment request, in writing, at least 60 days before the
effective period (1 st day of a new quarter). The Vendor must provide all Price Adjustment
Justification, as defined above, at the time of its request for a Price Adjustment.
14.5 If the City, in its sole discretion, concludes that the requested Price Adjustment is
unreasonable or not fully supported by adequate Price Adjustment Justification, the City
reserves the right to adjust the rate increase, or reject the requested Price Adjustment in its
entirety and allow the contract to expire at the end of the contract term. If the City elects not
to accept a requested Price Adjustment, the Purchasing Division may issue a new
solicitation.
14.6 Prices offered shall be used for bid analysis and for Agreement pricing. In cases of errors in
extensions or totals, the unit prices offered will govern.
14.7 Upon expiration of the Agreement term the successful bidder, agrees to hold over under
the terms and conditions of this Agreement for a reasonable period of time to allow the City
to re -bid an Agreement, not to exceed ninety (90) days. Vendor will be reimbursed for this
service at the prior Agreement rate(s). Vendor shall remain obligated to the City under all
clauses of this Agreement that expressly or by their nature extends beyond and survives
the expiration or termination of this Agreement.
14.8 Delivery of goods and/or services shall not be suspended by the Vendor without a 30-day
prior written notice to the Senior Purchasing Manager.
14.9 Only Published price changes will be accepted. Prices that were in effect at the time of
order placement shall take precedence.
15.0 INSURANCE REQUIREMENTS —The Contractor shall carry insurance in the types and amounts
for the duration of this contract as listed in the draft service agreement, Attachment E to this
solicitation, and furnish certificates of insurance along with copies of policy declaration pages and
16.0 ADDITIONAL INSURANCE REQUIREMENTS
16.1 The City, its officers, employees and servants shall be endorsed as an additional insured
on Vendor's insurance policies excepting employer's liability insurance coverage under
Vendor's workers' compensation insurance policy.
16.2 Certificates of insurance satisfactory to the City and Worker's Compensation Affidavit must
be received before Vendor can begin work. Failure to supply and maintain such insurance
shall be a breach of contract. Vendor shall provide complete copies of all insurance policies
required by this Agreement. Certificates of insurance must be supplied to:
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Financial Management Services Department
Attention: Purchasing Division Bid # 23-0064
200 Texas Street, Fort Worth, Texas 76102
16.3 Any failure on part of the City to request required insurance documentation shall not
constitute a waiver of the insurance requirements specified herein. Each insurance policy
shall be endorsed to provide the City a minimum 30-day notice of cancellation, non -
renewal, and/or material change in policy terms or coverage. A ten (10) day notice shall be
acceptable in the event of non-payment of premium.
16.4 Insurers must be authorized to do business in the State of Texas and have a current A.M.
Best rating of A: VII or equivalent measure of financial strength and solvency.
16.5 Deductible limits, or self -funded retention limits, on each policy must not exceed
$10,000.00 per occurrence unless otherwise approved by the City.
16.6 Other than worker's compensation insurance, in lieu of traditional insurance, City may
consider alternative coverage or risk treatment measures through insurance pools or risk
retention groups. The City must approve in writing any alternative coverage.
16.7 Workers' compensation insurance policy(s) covering employees of the Vendor shall be
endorsed with a waiver of subrogation providing rights of recovery in favor of the City.
16.8 City shall not be responsible for the direct payment of insurance premium costs for
Vendor's insurance.
16.9 Vendor's insurance policies shall each be endorsed to provide that such insurance is
primary protection and any self -funded or commercial coverage maintained by City shall
not be called upon to contribute to loss recovery.
16.10 While the purchase order is in effect, Vendor shall report, in a timely manner, to the
Purchasing Department any known loss occurrence that could give rise to a liability claim or
lawsuit or which could result in a property loss.
16.11 Vendor's liability shall not be limited to the specified amounts of insurance required herein.
17.0 PERFORMANCE - Failure of the City to insist in any one or more instances upon performance of
any of the terms and conditions of this Agreement shall not be construed as a waiver or
relinquishment of the future performance of any terms and conditions, but the Vendor's obligation
with respect to such performance shall continue in full force and effect.
18.0 SUBCONTRACTING — Bidders may include subcontractors for any part of services offered. City
reserves the right at its sole discretion to accept or reject any proposal that includes subcontractors.
Upon award of a contract, City reserves the right to pre -approve use of any and all subcontractors.
19.0 HAZARDOUS CONDITIONS
19.1 The Vendor is required to notify the City immediately of any hazardous conditions and/or
damage to any property.
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19.2 Hazardous materials shall be handled with care and workers shall wear Personal Protecti\,e
Equipment (PPE) while handling hazardous material. If there are questions regarding how
to dispose of materials, the Contractor shall contact City of Fort Worth Code Compliance at
817-392-1234.
20.0 CONTRACT ADMINISTRATION AND TERMINATION
20.1 Contract administration will be performed by the City Department. In the event the Vendor
fails to perform according to the terms of the agreement, The Department head or his/her
designee will notify the Vendor, in writing, of its failures. A meeting may be arranged to
discuss the Vendor's deficiencies. A written cure notice may be prepared giving the
Vendor 14 calendar days to cure any deficiency.
20.2 In the event the Vendor continues with unsatisfactory performance, the department will
promptly notify the Senior Purchasing Manager who will take appropriate action to cure the
performance problem(s), which could include cancellation, termination for convenience or
default. If the agreement is terminated for default, the Vendor may be held liable for excess
cost and/or liquidated damages.
20.3 The Vendor will be paid only those sums due and owing under the agreement for services
satisfactorily rendered, subject to offset for damages and other amounts which are, or
which may become, due and owing to the City.
20.4 The City reserves the right to terminate this agreement, or any part hereof, for its sole
convenience. In the event of such termination, the Vendor shall immediately stop all work
hereunder and shall immediately cause any and all of its suppliers and subVendors to
cease work. Subject to the terms of this agreement, the Vendor shall be paid a percentage
of the agreement price reflecting the percentage of the work performed prior to the notice of
termination, plus reasonable charges the Vendor can demonstrate to the satisfaction of the
City using its standard record keeping system, have resulted from the termination.
However, in no event shall the total of all amounts paid to the Vendor exceed the
agreement price. The Vendor shall not be reimbursed for any profits which may have been
anticipated, but which have not been earned up to the date of termination.
21.0 RIGHTS TO INVENTIONS MADE UNDER A CONTRACTOR AGREEMENT
21.1 If the Federal award meets the definition of "funding eCFR — Code of Federal Regulations
agreement" under 37 CFR §401.2 (a) and the recipient or subrecipient wishes to enter into
a contract with a small business firm or nonprofit organization regarding the substitution of
parties, assignment or performance of experimental, developmental, or research work
under that "funding agreement," the recipient or subrecipient must comply with the
requirements of37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations
and Small Business Firms Under Government Grants, Contracts and Cooperative
Agreements," and any implementing regulations issued by the awarding agency.
22.0 CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT
22.1 Vendor shall comply with all applicable standards, orders or regulations issued pursuant to
the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as
amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding
agency and the Regional Office of the Environmental Protection Agency (EPA).
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EXHIBIT B
PAYMENT SCHEDULE
See next page.
Vendor Services Agreement Page 12 of 12
v.1.4 (November 30, 2021)
FORT WORTH.
PRICE SUBMITTAL
Event ID Page Invited: PUBLIC EVENT DETAILS
CFWO1-23-0064 4
Event Round Version Submit To: City of Fort Worth
1 1 FINANCIAL MANAGEMENT SERVICES
Event Name FINANCE - City Hall Purchasing
ITB Automatic Door Installation & Repair Services 200 Texas St. (Lower Level Rm 1500)
Start Time Finish Time Fort Worth TX 76102-6314
05/9/2023 16:00:00 CDT 05/25/2023 13:30:00 CDT United States
Email: FMSPurchasingResponses@fortworthtexas.gov
Line Details
Line: 1
Description:
Qtv Unit
UnitPrice
Total
Regular Hourly Rate — Repair and Installation
2090.00 HR
of Automatic Doors, Monday through Friday
$60.00
$125,400.00
8:OOAM-5:OOPM
Line: 2
Description:
Qtv Unit
UnitPrice
Total
Overtime Hourly Rate - Repair and
250.00 HR
Installation of Automatic Doors, Monday
$90.00
$22,500.00
through Friday, Holidays 5:01 PM - 7:59AM
Total Bid Amount: $147,900.00
Prompt Payment Discount Terms: Percent Net 30 Days (i.e. 3% Net 15, etc.)
Items not listed above will be offered at a discount of 15 %
(All parts and replacement parts may be added on an as needed basis throughout the life of the agreement, therefore, the bidder shall
submit a price list for all available items with their bid submittal.)
A bid of "0" will be interpreted by the City as a no -charge (free) item and the City will not expect to pay for that item. A bid of "no bid" or
no response (space left blank) will be interpreted by the City that the Offeror does not wish to bid on that item. Be advised, a "no bid" or
no response may be considered as non -responsive and may result in disqualification of this bid.
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7/11/23, 2:50 PM
M&C Review
CITY COUNCIL AGENDA
Create New From This M&C
Official site of the City of Fort Worth, Texas
FoRTWORyn
REFERENCE **M&C 23- 13PITB 23-0064 AUTOMATIC
DATE: 6/27/2023 NO.: 0599 LOG NAME: DOOR INSTALLATION &
REPAIR SRV CITY CH
CODE: P TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: (ALL) Authorize Execution of an Agreement for Automatic Door Installation and Repair
Services with Southern Automation, LLC, for the Water, Aviation, Property Management,
Parks and Recreation and Public Event Departments in an Annual Amount Up to
$186,584.00 and Authorize Up to Four One -Year Automatic Renewals for the Same
Annual Amount
RECOMMENDATION:
It is recommended that the City Council authorize execution of a purchase agreement with Southern
Automation, LLC, for automatic door installation and repair services in an annual amount up to
$186,584.00 and authorize up to four one-year automatic renewals for the same annual amount for
the Water, Aviation, Property Management, Parks and Recreation and Public Event Departments.
DISCUSSION:
City Departments approached the Purchasing Division to secure a purchase agreement for automatic
door installation and repair services. The City needs these essential services to make modifications to
City -owned property, allow for the installation of updated automatic doorways and for entryways to
adhere to the standards set forth in the Americans With Disabilites Act.
The bid was advertised in the Fort Worth Star -Telegram beginning on May 10, 2023, May 17, 2023,
and May 24, 2023. The City received two (2) responses.
The bids were evaluated using the best value criteria. An evaluation panel consisting of
representatives from the Aviation Department, Property Management Department, and Parks and
Recreation Department reviewed and scored the submittals using the Best Value Criteria. The
individual scores were averaged for each of the criteria and the final scores are listed in the table
below. No guarantee was made that a specific amount of services would be purchased.
Bidder
Southern Automation, LLC
Door Control Services, A DH Pace
Company, Inc.
Best Value Criteria:
Evaluation Factors
a b c
17.50 9.33 4.67
d Total
Score
35.00 66.50
16.33 9.33 4.33 14.52 44.52
a. Contractors Experience and References
b. Contractors availability of resources to provide services
c. Extent to which the services meet the City's needs.
d. Cost of Service
apps. cfwnet.org/counci I_packet/mc_review.asp? I D=31226&cou nciIdate=6/27/2023 1 /3
7/11/23, 2:50 PM
M&C Review
After evaluation, the panel concluded that Southern Automation, LLC presented the best value to the
City. Therefore, the panel recommends that Council authorize a purchase agreement for automatic
door installation and repair services to Southern Automation, LLC. Staff certifies that the
recommended vendor met the bid specifications.
The maximum amount allowed under this agreement will be $186,584.00; however, the actual
amount will be based on the needs of the departments and available budgets.
Department
Water Department
Public Events
Property Management Department
Aviation Department
Parks and Recreation
Budgeted Amount
$86,000.00
$50,000.00
$30,584.00
$10,000.00
$10,000.00
DVIN: A waiver of the goal for Business Equity subcontracting requirements was requested, and
approved by the DVIN, in accordance with the applicable Ordinance, because the purchase of goods
or services is from sources where subcontracting or supplier opportunities are negligible.
AGREEMENT TERMS: Upon City Council approval, this agreement shall begin upon execution and
expire one year from that date.
RENEWAL TERMS: This agreement may be renewed for four additional, automatic, one-year
terms. This action does not require specific City Council approval provided that the City Council has
appropriated sufficient funds to satisfy the City's obligations during the renewal term.
ADMINISTRATIVE CHANGE ORDER: An administrative change order or increase may be made by
the City Manager up to the amount allowed by relevant law and the Fort Worth City Code and does
not require specific City Council approval as long as sufficient funds have been appropriated.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that funds are available in the current operating budget, as
previously appropriated, in the participating departments' Operating Funds to support the approval of
the above recommendation and execution of the agreement. Prior to any expenditure being incurred,
the participating departments have the responsibility to validate the availability of funds.
BQN\\
TO
Fund Department Account Project Program Activity
ID ID
FROM
Fund Department Account Project
ID ID
Submitted for City Manaqer's Office by_
Originating Department Head:
Additional Information Contact:
Program I Activity
Budget Reference # Amount
Year (Chartfield 2)
Budget Reference # Amount
Year (Chartfield 2)
Reginald Zeno (8517)
Dana Burghdoff (8018)
Reginald Zeno (8517)
Chris Harder (5020)
Jo Ann Gunn (8525)
Christopher Ha (8066)
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7/11/23, 2:50 PM
M&C Review
ATTACHMENTS
Form 1295 Certificate 2023-1028992.pdf (CFW Internal)
ITB 23-0064 Sianed Waiver 230510 GV.pdf (CFW Internal)
SAM search Southern Automation, LLC.pdf (CFW Internal)
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