HomeMy WebLinkAboutContract 60513CITY OF FORT WORTH
PURCHASE AGREEMENT BASED UPON AN INTERLOCALAGREEMENT BETWEEN THE
CITY OF FORT WORTH AND CITY OF DALLAS
WHEREAS Section 271.102 of the Texas Local Government Code allows Local Governments to pursue
mutually beneficial and cooperative purchasing programs; and
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
the City of Dallas entered into an Interlocal Cooperative Purchasing Agreement on December 21, 2004,
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);
WHEREAS White Phoenix LLC, DBA Tuff Tread (Vendor) responded to BID BP22-00017740 issued
by City of Dallas agreeing to allow other Local Governmental Entities to enter into a Purchase Agreement
with Vendor under the same terms and conditions as those contained in the BID (Copy attached as Exhibit
B);
NOW THEREFORE, City and Vendor each of which will
enter into this Purchase Agreement by and between White Phoenix LLC,
DBA Tuff Tread Vendor ) and the City of Fort Worth (City ):
The Parties agree that any references to the City of Dallas 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 Dallas City Ordinance
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 Dallas;
2. Exhibit B Contract between the City of Dallas and White Phoenix LLC, DBA Tuff
Tread
3. Exhibit C Price Schedule;
4. Exhibit D Conflict of Interest Questionnaire.
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 up to 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 February 18, 2023 and ending on
February 18, 2024. City shall be able to renew this agreement for one (1) one-year renewal options by
written agreement of the parties.
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
and shall be provided adequate and appropriate work space in order to conduct
audits in compliance with the provisions of this section. City shall give Vendor reasonable advance notice
of intended audits, and all such audits shall be conducted on regular business days during Vendor
business hours in a manner that will not unreasonably interfere wit
City Vendor 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: Jim Davis, Fire Chief
200 Texas Street
Fort Worth, TX 76102-6314
Facsimile: (817) 392-8654
same address
To VENDOR:
White Phoenix LLC, DBA Tuff Tread
502 W Montgomery STE 120
Willis, TX 77378
Facsimile: 800.827.2017
[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:
By: ___________________________
Name: Valerie Washington
Title: Assistant City Manager
Date: ___________________________
APPROVAL RECOMMENDED:
By: ______________________________
Name: Jim Davis
Title: Fire Chief
ATTEST:
By: ______________________________
Name: Jannette Goodall
Title: City Secretary
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: Brenda Ray
Title: Purchasing Manager
APPROVED AS TO FORM AND LEGALITY:
By: ______________________________
Name: Jessika J. Williams
Title: Assistant City Attorney
VENDOR:
White Phoenix LLC, DBA Tuff Tread
By:
Name: Martha White_________________
Title: Systems Manager
Date: ____________________________
Exhibit A— Agreement between the City of Fort Worth and City of Dallas
INTERLOCAL COOPERATIVE PURCHASING AGREEMENT
BY AND BETWEEN THE CITY OF DALLAS, TEXAS AND
THE CITY OF FORT WORTH, TEXAS
THIS AGREEMENT is made and entered into by and between the CITY OF DALLAS,
a home-rule municipal cozporation located in Dallas County, Texas (hereinafter referred to
as "DALLAS"), and the CITY OF FORT WORTH, a home-rule municipal corporation
, located in Tarrant County, Texas (hereinafter referred to as "FORT WORTH,").
WHEREAS, Section 271101 of the Texas Loca1 Government Code, enables loca.�
governments to participate in cooperative purchasing programs with other local
governments to purchase goods or services off contracts currentiy e�sting between another
local government and a vendor, and such process satisfies the state law competitive bid
requirements; and
WHEREAS, DALLAS currently has contracts with various vendors for products and/or
services, and FORT WORTH has a need for same and desires to enter into a Cooperative
Purchasing Agreement with DALLAS pursuant to Section 271.101, et seq. Texas Loca1
Government Code; and
WHEREAS, FORT WORTH agrees to prepare, e�ecute, and administer its own contract
with the vendor and the City of Da11as sha11 not be a party to Fort Worth's agreement with
the vendor.
NOW, THEREFOIZE, DALLAS and FORT WORTH, for the mutual consideration
hereinafter stated, agree as foliows:
I.
EFFECTIVE DATE/TERM
This Agreement shall be effective upon execution by the parties. This Agreement sha11
continue in effect annually until it is terminated as provided herein.
INTERLOCAL COOPERATIVE PURCHAS]NG AGREEMENT BET'WEEN FI' WORTH & DALLAS 1
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II
DUTIES OF FORT WORTH
FORT WORTH agrees to prepare, execute, and administer its own contract with the
vendor and DALLAS shall not be a party to the agreement between vendor and FORT
WORTH. DALLAS sha11 have no obligations for payment to vendor for any services or
goods incurred by any party other than DALLAS. Any payments owed the vendor for
services or goods sha11 be paid directly by FORT WORTH. FORT WORTH will be
responsible for the vendor's compliance with provisions relating to the quality of items and
terms of delivery; and any other terms or conditions of its agreement with the vend.
III
TERIVIINATION
This Agreement may be terminated at any time, with or without cause, by either party
giving thirty (30) days advance written notice to the other party.
IV.
NOTICE
�
Notice as required by this Agreement shall be in writing delivered to the parties via
facsimile or certified mail at the addresses listed below. Each party sha11 notify the other in
writing within ten (10) days of any change in the information listed in this paragraph.
DALLAS
Mark Duebner
Interim Director
Business Development and Procurement Services
City of Dallas
1500 Marilla
Dallas, Texas 75201
Telephone: (214) 670-3326
Facsimile: (214) 670-4793
FORT WORTH
Charles R. Boswell
Interim City Manager
City of Fort Worth
1000 Throckmorton St
Fort Worth, Texas 76102
Telephone: (817) 392-8511
Facsimile: (817) 392-6134
INTERLOCAL COOPERATIVE PURCHASING AGREEMENT BETWEEN FT WORTH & DALLAS 2
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v.
HOLD HARMLESS
Each party does hereby agree to waive all claims against, release, and hold harmless the
other party and its respective of�cials, off'icers, agents, employees, in both their public and
private capacities, from any and a11 liability, claims, suits, demands, losses, damages,
attorneys fees, including all expenses of litigation or settlement, or causes of action which
may arise by reason of injury to or death of any person or for loss of, damage to, or loss of
use of any property arising out of or in connection with this contract.
Each party to this Agreement agrees to be responsible for its own negligent acts or
omissions in the course of performance of this Agreement, to the extent allowed by
applicable law and without waiving any governmental immunity a�ailable to each party or
waiving any other defenses available to each party under Texas law. DALLAS sha11 be
responsible for its sole negligence. FORT WORTH shall be responsible for its sole
negligence. The provisions of this paragraph are solely for the benefit of the parties hereto
and are not intended to create or grant any rights, contractual or otherwise, to any other
( person or entity.
`i�
ENTIRE AGREEMENT
This Agreement represents the entire and integrated agreement between DALLAS and
FORT WORTH and supersedes a11 prior negotiations, representations and/or agreements,
either written or oral. This Agreement may be amended only by written instrument signed
by both parties.
VII.
VENUE
This Agreement and any of its terms or provisions, as well as the rights and duties of the
parties hereto, sha11 be governed by the laws of the State of Texas, and this Agreement is
performable in Dallas County, Texas. Exclusive venue shall be in Da11as County;� Texas.
INTERLOCAL COOPERATIVE PURCHASING AGREEMENT BETWEEN FT WORTH & DALLAS 3
VIII.
SEVERABILITY
The provisions of this Agreement are severable. In the event that any paragraph, section,
subdivision, sentence, clause, or phrase of this agreement shall be found to be contrary to
the law, or contrary to any rule or regulation having the force and effect of the law, such
decisions shall not affect the remaining portions of this Agreement. However, upon the
occurrence of such event, either party may terminate this Agreement by giving the other
party thirty (30) days written notice of its intent to terminate.
IX.
AUTHORITY TO SIGN / CITY COUNCIL AUTHORIZATION
The undersigned off'icer and/or agents of the parties hereto are duly authorized off'icials and
possess the requisite authority to execute this Agreement on behalf of the parties hereto.
DALLAS has executecl this Agreement pursuant to the duly authorized resolution No.
042282 of the DALLAS City Council on August 11, 2004. FORT WORTH has executed
this Agreement pursuant to the duly authorized FORT WORTH Mayor & City Council
Communication (M&C) No. P-9992 dated July 06, 2004.
X.
ASSIGNMENT AND SUBLETTING
The parties agree that the rights and duties contained in this Agreement will not be assigned
or sublet without the prior written consent of both parties.
� XI.
INTERPRETATION OF AGREEMENT
Tlus is a negotiated Agreement, should any part of this Agreement be in dispute, the parties
stipulate that the Agreement shall not be construed more favorably for either party.
(
INTERLOCAL COOPERATIVE PURCHASING AGREEMENT BETWEEN FT WORTH & DALLAS 4
XII.
REMEDIES
No right or remedy granted herein or reserved to the parties is exclusive of any right or
remedy granted by law or equity; but each shall be cumulative of every right or remedy
given hereunder. No covenant or condition of this Agreement may be waived without the
express written consent of the parties. It is further agreed that one (1) or more instances of
forbearance by either party in the exercise of its respective rights under this Agreement
shall in no way constitute a waiver thereof.
EXECUTED in duplicate originals this��day of , 2004.
CITY OF FORT WORTH, TEXAS
CHARLES R. BOSWELL
I� CITY MANAGER
APPROVED AS TO FC�RM
Carla Cook
ASSIST ITY ATTORNEY
BY:
Carla Cook
ASSIST. CITY ATTORNEY
BY: � U � 6�t't.!`�`�
Charles R. Boswell
�dI CITY MANAGER
CITY OF DALLAS, TEXA.S
MARY K. SUHM
INTERIM CITY MANAGER
APPROVED AS TO FORM:
Madeleine B. Johnson
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BY:
Mary K. S
INTERIM CITY MANAGER
INTERLOCAL COOPERATIVE PURCHASING AGREEMENT BETWEEN FT WORTH & DALLAS 5
ACKNOWLEDGMENTS
STATE OF TEXAS §
§
COUNTY OF DALLAS §
This instrument was acknowledged before me on the c� ���ay of �e-�Z�t�-�'�-� ;
2004 by MARY K. SUHM, �r City Manager of the CITY OF DALLAS, TEXAS
a home-rule municipal corporation, on behalf of said corporation.
Notary Public in and for t
State of Texas
STATE OF TEXAS
COUNTY OF £�.�;IN
T�,�'
§ VIGTOR A MAR7INEZ
§ � � Nolary F�
� inT� QF TEXAS
§ '�a� MyComm Explrea0l•l.8��001
This instrument was acknowledged before me on the z'vD day of ��s b�- �
2004 by CHARLES R. BOSWELL, Interim City Manager of the CITY OF FORT
WORTH, TEXAS, a home-rule municipal cozporation, on behalf of said corporation.
-�:,� _..��,,f.
F d��S�Y PLQ'• PATSY COX
., �i. ...... r ,
�1�, �. N07ARY PUBLIC Notary Public in for the
„n!�:�; 5tate of Texas
�`"TcoF'�}e' Comm Exo 12-18-2004 State of Texas
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rnrr�ur nr.4r. �nnPERATIVE PURCHASING AGREEMENT BETWEEN FT WORTH & DALLAS 6
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COUNCIL CHAMBER
042282
Auqust 11, 2004
WHEREAS, this agreement is authorized by Chapter 791 of the Texas Government
Code and Subchapter F, Chapter 271, Texas Local Government Code; and
WHEREAS, Section 271.102 of the Texas Local Government Code authorizes a local
government to participate in a Cooperative Purchasing Program with another local
government or a local cooperative organization; and `
WHEREAS, a local government that purchases goods and services pursuant to a
Cooperative Purchasing Program with another local government sa#isfies the
requirement of the local government to seek competitive bids for the purchase of the
goods and services; and
WHEREAS, participation in a Cooperative Purchasing Program will be highly beneficial
to the taxpayers of Dallas and Fort Worth through the anticipated savings to be realized
and is of mutual concern to the contracting parties; and
Now, Therefore,
BE IT. RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS:
� Section 1. That the City Manager, upon approval as to form by the City Attorney, is
hereby authorized to execute an Interlocal Agreement with the City of Fort Worth to
establish a Cooperative Purchasing Program.
Section 2. That this resolution shall take effect immediately from and after its passage
in accordance with the provisions of the Charter of the City of Dallas, and .it is
accordingly so resolved.
DISTRIBUTION:
Office of Business Development and�Procurement Services -3FS
Office of Financial Services - 4FN
City Attorney's Office
APp1;pV�D BY
CITY �pU�C�L
AUG 11 2004
C��l� 7 ��
Cltv ���retary
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APPROVED / APPROVED
HEAD OF DEPARTMENT
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CIiY CONTROLLER
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APPROVED
CfTY MANAGER
M�C #P8802
Czty of Fort Worth, Texas
Mayor and Council Communication
Page 1 of 2
Date ReferenceNumber LogName Page
3/11/99 **p_8802 99-0059 1 of 1
Subject AUTHORiZE INTERLOCAL AGREEMENTS FOR GOODS AND SERVICES
BETWEEN THE CITY OF FORT WORTH, THE CITY OF GRAPEViNE AND
OTHER GOVERNMENTAL ENTITIES
RECOMMENDATION:
It is recommended that the
agreements between the
governmental entities who
and services.
DISCUSSION:
City Council authorize the City Manager to execute interlocal
City of Fort Worth, the City of Grapevine and other
request such interlocal agreements for the purchase of goods
The Texas Local Government Code, Chapter 271.102, authorizes political subdivisions to
contract with each other for governmental functions such as the purchase of goods and/or
services. A local government that purchases goods or services under this subchapter
satisfies any state law relative to the competitive bidding requirements.
The use of interlocal agreements allows political subdivisions to access existing contracts
to take advantage of lower prices without the cost of competitive bidding. Either of the
contract partic'ipants may terminate the agreement with written notice to the other party.
The City of Grapevine is seeking interlocal agreements with the City of Fort Worth in order
to access the fuel agreements to purchase fuel. Tarrant� County and the cities of
Southlake, Haltom City, Colleyvi[le and North Richland Hills have already requested and
received contracts for interlocal agreements to access the City of Fort Worth's fuel
contracts. Purchase agreements that were bid as interlocal goods and services contracts
will be available to these and other govern_mental entities.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director ce►�ifies that this M&C will have no material effect on City funds.
CB:k
, M&C #P8802 Page 2 of 2
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CITY OF DAI.LAS
Office of Business Development & Procurement Services
www.bids.dallascitvhall.orq
1500 Marilla Street, Room 3FS
Dallas, TX 75201-7963
October 27, 2004
Kevin D. Karle, Senior Buyer
City of Fort Worth
1000 Throckmorton St
Fort Worth TX 76102
RE: Interlocal Cooperative Purchasing Agreement Between Ft Worth & Da11as
Attached please find four copies of the subject Contract each to be executed as an
original. Please obtain required signatures on each instrument and return to me at the
following address:
�
Dot Washington
Business Development & Procurement Services
1500 Marilla, Room 3FS
Dallas, TX 75201
A fully executed contract will be mailed to you after all City of Dallas signatures are
obtained.
Should you have any questions, please call me at 214-670-3391.
� �
: C� � f���,
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Dot Washington
Buyer
- ---- - - - - - ---
Attachments _
C: file
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rev. s/2�/oi �"Dallas The City that works: diverse, vibrant and progressive"
CITY COUNCIL MEETING
Page 1 of 2
MARCH 11, 1999
�
__ .__ __ __ _ _ _ -
Date & Time � On the '11t�' day of March, A.D., 1999, the City Council of the '
City of Fort Worth, Texas, met in regular session, at 7:20
p.m., .in the City Council Chamber, 1000 Throckmorton, with �
the following members and officers present:
Attendance I Mayor Kenneth Barr; Mayor Pro tempore Jim Lane; Council
" Members Chuck Silcox, Becky Haskin, Frank Moss, Clyde
Picht, Jeff Wentworth, Ralph McCloud and Cathy Hirt; City
; Manager Bob Terrell; City Attorney Wade Adkins; City
� Secretary Gloria Pearson. With more than a quorum
; present, the following business was transacted:
�
Invocation
Pledge
_ .,.:� _.
__
Minutes On motion of Council Member Wentworth McCloud ;
; seconded by Council Member McCloud Haskin the minutes ;
' of the regular meeting of March 2, 1999, were approved ',
:i unanimously. '
�
Special
Presentationsl
Introductions
�---- -- --- - - ------ --- -
CITY COUNCIL MEETING
The invocation was given by Reverend A. V. Fisher, Salem
Missionary Baptist Church.
The Pledge of Allegiance was recited.
Council Member Haskin presented Dorothy Wing with a
Proclamation for American Red Cross Month.
Council Member Hirt presented a Proclamation for 1999
Fort Worth Outstanding Women's Day to the eight
honorees who were introduced by Mrs. Mary Ann Epps.
Epp. Mrs. Epp thanked the Council for the
proclamation and introduced eight women from the
community _who volunteer_ theic. time___and __exper_ience
towards the advancement of women's issues.
Willa Lister of the Parks and Community Services �
Department presented plaques to various '
entitiesorganizations in appreciation for their work and'.
assistance with the City's Cowboy Santa Supporte ';
program. The recipients honored were: Children 2,000
http ://www.fortworthgov. org/csec/ 1999Minutes/19990311.htm1
11/7/2004
CITY COUNCIL MEETING Pa�e 2 of 2
,' , i
Foundation, Texas Lil's Dude Ranch; Lockheed Marfin -
- �I Employees Contri-Club; Ridgmar Mall; Channel 8, Santas :
- Helpers;.Vandervoort's Dairy; and the United States Marine
; Corps Reservists.
� _
Announcements Council Member Silcox announced athat the Zoning
Commission would conduct a Public Hearing on on April :
'14, 1999 for the purpose of reviewing amendments to the ',
; Zoning Ordinance. on April 15, 1998 time in Council '
Chambers.
__
___ -
WithdrawnlConsent ' City Manager Bob Terrell requested that Mayor and Council
' Communication No. 17305 be moved from the consent
Agenda agenda and removed be withdrawn from the Council
' agenda. for consideration at a later date.
_. _ _ _ _
Consent Agenda � On motion of Council Member MossWentworth, seconded
` by Mayor Pro tempore LaneCouncil Member Silcox, the
;{ consent agenda, as amended, was adopted unanimously.
�
�
http://www.fortworthgov.org/csec/1999Minutes/19990311.htm1 11/7/2004
CITY COUNCIL MEETING
_. ,_ . _,. _.. _. _ ._, . .. -- �
I P-8802 i
;� Interlocal �
' Agreements
for Goods and
Services
�
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Page 1 of 1
There was presented Mayor and Councit Communication
No. P-8802 from the City Manager recommending that the '.
City Council authorize the City Manager to execute
interlocal agreements between the City of Fort Worth, the
City �of Grapevine and other governmentaf entities who :
request such interlocal agreements for the purchase of
goods and services, It was the consensus of the City ;
Council that the recommendation be adopted.
0
http://www.fortworthgov.org/csec/1999Minutes/19990311.htrnl. 11/7/2004
Onli_n.e City Council Agenda
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You Can Help
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. z,_ ^. , ;., :__ COUNCIL__ACTION Approved on,:,7/612004 _ . :
. .._ , .�_ _�__ � . _ �. .-._ . . . . � a ._. _.. � �.. _. . . : i
DATE: 7/6/2004 REFERENCE NO.: **P-9992 LOG NAME: 13PO4-0146
CODE: P TYPE: CONSENT PUBLIC HEARING: NO
SUBJECT: Purchase Agreement for Hardware Supplies with Texas Building Procurement Commission,
Texas Multiple Award Schedule and City of Dallas Program Term Contracts for the City of Fort
Worth
RECOMMENDATION:
It is recommended that the City Council authorize:
1. A purchase agreement for hardware supplies with Texas Building Procurement Commission (TBPC),
Texas Multiple Award Schedule Program (TXMAS) and City of Dallas term contracts for the City of Fort
Worth with payment due 30 days from date of invoice. The City takes ownership at the City's facilities. Freight
( �s prepaid and added to invoice for orders that do not meet the $100.00 minimum.
2. Each of the following local vendors was awarded hardware supplies: Best Products Company,
Bluebonnet Supply, Force Rigging Supply, Lawson Products, MSC Industrial Supply, DF Sales and other
vendors statewide.
3. This agreement #o begin July 6, 2004 and expire on July 5, 2005, with options to renew for two additional
one-year periods.
DISCUSSION:
The TBPC 320-1A, 450-1A; TXMAS 3-51V020, 3-51V030 and City of Dallas BV0407 term contracts were
awarded to local and statewide vendors offering catalogue discounts on industrial hardware and supplies
such as fasfeners, glues, batteries, flashlights, chains, ropes, ladders, coofers, wheelbarrows, storage
cabinets, door knobs, deadbolts and padlocks with various discounts and list prices_ These products will be
used by City Departments to repair City owned facilities and equipment. Departments will determine which
vendor to obtain products needed based upon TBPC, TXMAS and City of Dallas vendor award, cost, .
availability, proximity to job site and delivery.
Any-onetime-purchase exceeding $25,000 will be presented to#he Gity Council via M&G:-The Purchasing ----
Division will establish annual agreements with the avvarded vendors.
The pricing has been reviewed from the TBPA, TXMAS and City of Dallas contracts and was found to be
competitive. Under Section 271.083 of the Texas Local Government Code, a local government purchasing an
�'tem under such a contract satisfies any state law requiring that the local government seek competitive bids
ror purchase of the item.
REN.EWAL OPTIONS — This agreement may be renewed for up to finro successive one-year terms at the
http://www.fortworthgov.org/council�acket/mc review.asp?ID=2334&councildate=7/6/2004 11/7/2004
Online City Council Agenda Page 2 of 2
City's option. This a.ction does not require specific City Council approval, provided the City Council has
' appropriated sufficient funds to satisfy the City's obligation during the renewal term.
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FISCAL WFORMATION/CERTIFICAT(ON:
The Finance Director certifies that funds are available in the current operating budgets, as appropriated, of
the participating City departments.
BQN\04-01461KDK
TO Fund/AccountlCenters
Submitted for CitkManager's Office by:
Originating Department Head:
Additional Information Contact:
(
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FROM Fund/Account/Centers
Charles Boswell (6183)
Jim Keyes (8517j
Robert Combs (8357)
Kevin Karle (8356)
ATTACHMENTS
http://www.fortworthgov.org/council�acket/mc review.asp?ID=2334&councildate=7/6/2004 11/7/2004
Online City Council Agenda
B. Purchase of Equipment, Ma�erials, and Services
�*1. M&C P- - p�chase Agreements for Computers, Computer Peripheral
�9�7 Equipment, Communication Equipment and Parts with
Multiple Vendars far the IT Solutions Department
**2. M&� P-
9988
'F'k3. M&C P-
9989
- Purchase Agreement for Window and Doar Glass Repair
and Replacement with A& B Glass and Mirror
- Purchase Agreement for Backfill Sand with McCauley Dirt
Company for the Water Department
**4. M�C P- - Confirm Emergency Purchase of Two New Toro 328D
9990 Outfront Mowers from Houston Galveston Area Council
for the Parks and Community Services Department
**5. M&C P- - p�chase Agreement for Hand Tools with Texas Building
�991 Procurement Commission and Texas Multiple Award
Schedule Program Tertn. Contracts for the City of Fort
Worth
**6. M&C P- - p�chase Agreement for Hardware Supplies with Texas
9992 Building Procurement Commission, Texas Multiple Award
Schedule and City of Dallas Program Term Contracts for
the City of Fort Worth
C. Land
**1. M&G L- - Condemnation of One Parcel of Land Out of Lot 1, Block
13857 1, Frank Kent Subdivision, Required for the Re-Alignment
of Main Street at Lancaster Avenue Near the Central
Business Dis�rict (DOE 4007)
**2. M&C L- - Acceptance of One Permanent Easement from Tarrant
13858 Regional Water District for Property Located West of
Fernwood Street and South of Carswell Access
Road (DOE 4101)
**3. M&C L- - Acceptance of One Permanent Sanitary Sewer Easement
13859 from AIL Tnvestment, L.P. and One Permanent Sanitary
Sewer Easement from Hillwood Saratoga, L.P. for Property
Locaied West of Alta Vista. Drive and South of Alliance
Gateway in Far North Fort Worth (DOE 4411)
4. M&C L- - Authorization to Allow the Lease for Lot 14B and 14C,
13860 Block 32, Lake Worth Lease Survey to Expire and
Authorize Settlement Negotiations
Page 1 of 1
http://www.fortworthgov.org/council�acket/create council agenda.asp 11/7/2004
�QRT �"V(�RTH
� �
MEMORANDUM
DATE: February 28, 2007
�`� 3�� ���ol'��'l ` �
TO: Amy Ramsey, Assistant City Attorney
Karen Montgomery, Assistant City Manager/CFO
Marty Hendrix, City Secretary
FROM: Richard Zavala, Acting Finance Directo
CC:
r
Jack Dale, Purchasing Manager
Pamela Kenney, Administrative Secretary
RE: Interlocal Agreement
The attached interlocal agreement with Dallas County at no cost to the City is forwarded for your
review and approvaL
Dallas County requested that the City of Fort Worth (City) and Dallas County enter into an
interlocal agreement for cooperative purchasing. Cooperative purchasing agreements such as
this are authorized under Section 271.102 of the Texas Local Government Code.
This interlocal agreement will allow Dallas County to utilize the City's contracts and will also
allow the City to utilize Dallas County's contracts, should any such contract present good value
and purchasing opportunities to the City.
The Fort Worth City Council granted the City Manager the authority to execute this interlocal
agreement with Dallas County on February 14, 2006 (M&C P-10321, copy attached).
Since the interlocal agreement has no cost associated with it, no further City Council approval or
M/WBE participation is required.
Once completed, please contact Pamela Kenney, Administrative Secretary, at extension 8381, to
picic up the executed documents. Should you have any additional questions, please let me know.
Attachments
� „
,�r ,
.� �
ORDER NO: ,� a +� � ,� � 7
� JATE: JANUARY 30, 2007
STATE OF TEXAS
COUNTY OF DALLAS
0
��
COURT ORDER
37
BE IT REMEMBERED, at a regular meeting of Commissioners Court of Dallas County, Texas, held on the
30tY, day of 7arn�ary , 2007, on
a motion made by MikE Cantrell, Commissioner of District No. 2
and seconded by
Maurine Dicl�ey, Commissioner of District No. 1 , the following Court Order was adopted:
WHEREAS, the Purchasing Department briefed Commissioners Court on January 23, 2007 concerning a
master interlocal/cooperative purchasing agreement with the City of Fort Worth; and
WHEREAS, Dallas County will utilize this cooperative purchasing opportunity when appropriate and
competitive pricing is verified; and
WHEREAS, Texas Government Code 791 authorizes local governments to form and participate in
cooperative purchasing alliances
IT IS THEREFORE ORDERED, ADJiTDGED, AND DECREED that the Dallas County Commissioners
Court does hereby authorize the attached master interlocal/cooperative purchasing agreement with the City of
Fort Worth and authorize the County Judge to sign all related documents.
DONE IN OPEN COURT this the 30th day of
ABSENT
Jim Foster, County Judge
�e�-/-n,�C_/ �
Mauri Dickey, District #1
_; 2007.
t
�
i Mike Cantrell, District #2
Agent
Fort Worth & Dallas County
Cooperative Purchasing Interlocal Agreement
CiTY SECRETARY�
CONTRACT NO.
MASTER INTERLOCAL/COOPERATIVE PURCHASING AGREEMENT
This Master Interlocal/Cooperative Purchasing Agreement ("Master Agreement") is
made and entered into as of the date written below between the City of Fort Worth, a
home-rule municipality located in Tarrant, Denton, and Wise Counties, Texas ("Fort
Worth") and Dallas County, a governmental entity located in Texas ("Dallas County").
(Fort Worth and Dallas County may be referred to individually herein as "Party", and
collectively as the "Parties").
WHEREAS, Fort Worth does enter into competitive bids for acquisition of various
goods and services in accordance with Texas Local Government Code Chapter 252,
Subchapter B, "Competitive Bidding or Competitive Proposals Required: as amended;
and
WHEREAS, Dallas County does enter into competitive bids for acquisition of various
goods and services in accordance with Texas Local Government Code Section 262.023
"Competitive Bidding and Competitive Proposal Requirements", as amended; and
WHEREAS, the Parties have determined a need for a reciprocal interlocal/cooperative
agreement to purchase like goods and services to avoid duplicate procurement efforts and
obtain the benefits of volume purchasing; and
WHEREAS, the Parties are authorized by Section 271.102 of the Texas Local
Government Code and Section 791.025 of the Texas Government Code to pursue
mutually beneficial and cooperative purchasing programs and enter into interlocal
agreements for the_ purchase of goods and services thereby satisfying state law
competitive bid requirements.
NOW, THEREFORE, for and in consideration of the mutual obligations and benefits
contained herein, Fort Worth and Dallas County agree as follows:
SECTION 1.
DEFINITIONS.
Awardin�Partv. The Party that was the original procuring governmental entity in
compliance with state law competitive bidding requirements.
Su�lier A�reement. An existing agreement between the Awarding Party and a
Vendor that satisfies the requirement of a local government to seek competitive bids
for the purchase of goods and services.
Vendor. An external business, entity or enterprise that supplies goods and/or services
to the Awarding Party through a Supplier Agreement.
Page 1 of 3
Fort Worth & Dallas County
Cooperative Purchasing Interlocal Agreement
SECTION 2. The purpose of this Master Agreement is to provide Fort Worth and Dallas
( County with additional purchasing options by satisfying the provisions of Section
791.025 of the Government Code and Sections and 271.102 of the Local Government
Code.
SECTION 3. The Parties agree that each shall name a designated representative to act
under the direction of, and on behalf of, the designating Party.
SECTION 4. Each Party agrees to be bound by the terms, conditions and expiration date
of the requested Supplier Agreement, and hereby agrees to fulfill each and every
requirement contained therein as if it were the Awarding Party.
SECTION 5. Each Party agrees, at its sole cost and expense, to independently
administer the requested Supplier Agreement and to pay the Vendor directly for any and
all related costs. In addition, each Party shall have the responsibility of determining
whether the Vendor has complied with any provisions in its contract, including but not
limited to those relating to the quality of items and terms of delivery, and shall be
responsible for enforcement of its contract against the Vendor, including all cost of
enforcement.
SECTION 6. This Master Agreement will be subject to all applicable federal, state and
�" local laws, ordinances, rules and regulations.
SECTION 7. This IVlaster Agreement may be terminated by either party, without cause
or penalty, upon not less than thirty days written notice to the other party.
SECTION 8. The Parties acknowledge that each Party and, if it so chooses, its counsel
have reviewed and revised this Master Agreement and that the normal rule of
construction to the effect that any ambiguities are to be resolved against the drafting party
must not be employed in the interpretation of this Master Agreement or any amendments
or exhibits hereta
SECTION 9. If any action, whether real or asserted, at law or in equity, arises on the
basis of any provision of this Master 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. This Master Agreement shall be
construed in accordance with the laws of the State of Texas.
SECTION 10. If any term or provision of this Master Agreement is held to be illegal,
invalid or unenforceable, the legality, validity or enforceability of the remaining terms or
provisions of this Master Agreement shall not be affected thereby, and in lieu of each
such illegal, invalid or unenforceable term or provision, the parties shall endeavor to
agree to a legal, valid or enforceable term or provision as similar as possible to the term
or provision declared illegal, invalid or unenforceable.
Page 2 of 3
Fort Worth & Dallas County
CooperativePurchasing Interlocal Agreement
SECTION 11. Execution of this Master Agreement does not obligate Dallas County or
Fort Worth to request any Supplier Agreement, make any purchase, pay any membership
fee, or to otherwise or in any manner incur any cost or obligation.
SECTION 12. This Master Agreement may be executed in multiple counterparts, each
of which shall be deemed an original, and all of which shall constitute but one and the
same instrument.
SECTION 13. The undersigned officers andlor agents are properly authorized to
execute this Master Agreement on behalf of the Parties hereto and each Party hereby
certifies to the other that any necessary actions extending such authority have been duly
passed and are now in full force and effect.
SECTION 14. All notices, requests, demands, and other communications which are
required or permitted to be given under this Master Agreement shall be in writing and
shall be deemed to have been duly given upon the delivery or receipt thereof, as the case
may be, if delivered personally or sent by registered or certified mail, return receipt
requested, postage prepaid, to the respective Party representative set out below, or his/her
designee.
EXECUTED this day of , 2007.
CITY OF FORT WORTH
1000 Throckmorton
Fort Worth, Texas 76102
Karen L. Montgomery �$�p
Assistant City Manager/GF0
RECOMMENDED:
'chard Zavala
Acting Finance Director
TO FORM:
�i r �
Amy J. y
A istant City t orney �
li Y \ \ �-`�
Marty Hendrix
City Secretary
Page 3 of 3
DALLASCOUNTY
509 Main Street, Suite 623
Dallas. Texas 75202_�--
.,_
�
R�'E6�MENDED:
Q/l��- G�
Shannon S. Brown
Purchasing Agent
APPROVED AS TO FORM:
*�`. �'..,r�/ s�'.
Bob Schell
Deputy Chief, Civil Section
�
Contrac� Authorizatio�a
_- l -.�
uat�:
OFFICE OF PROCUREMENT SERVICES
AWARD RECCOMENDATION LETTER
OPS-FRM-2082 2/17/2022
Rev. 12.14.2021 Page 1 of 3
City of Dallas Decision
Office of Procurement Services
www.dallascityhall.bonfirehub.com
1500 Marilla Street, Room 3FN
Dallas, Texas 75201-6390
Date: February 17, 2022
Company: White Phoenix LLC dba Tuff Tread
Attention: Martha S. White
E-Mail: sales@tufftread.com
Bid Title: Purchase of Fitness/Exercise Equipment and Maintenance Repair Service
Bid Number: BP22-00017740
Dear White Phoenix LLC dba Tuff Tread:
Your company is being recommended as the lowest bidder for solicitation BP22-00017740 Purchase of
Fitness/Exercise Equipment and Maintenance Repair Service. The recommended amount is
$100,000.00,resulting from line(s) #1-21 of the referenced solicitation. This recommendation is based on
the specifications as detailed in the solicitation referenced herein.
Any good(s) and/or services procured resulting from a subsequent award shall be at the City’s discretion
unless otherwise specified; this notice shall not commit the City to any specific amount. Purchases will
only be made according to the needs of the City Departments. These may vary from the estimated
quantities in the solicitation. This is not an order, guarantee to purchase or guarantee of award.
1) Upon Dallas City Council approval, the recommended vendor must meet the terms and conditions as
stated in the solicitation, before commencement of the agreement. The vendor must remain in
compliance with the terms and conditions throughout the term of the agreement. Failure to remain in
compliance may result in termination of agreement.
2) Goods will be ordered on an as needed basis by user department(s). The vendor must receive a
delivery order (DO) before delivering goods. The vendor shall also obtain the name of the representative
placing the order and department which he/she represents. The City shall not be responsible for any
goods rendered for which the vendor did not obtain an authorized DO.
2) Services will be ordered on an as needed basis by user department(s). The vendor must receive a
delivery order (DO) before rendering services. The vendor shall also obtain the name of the
representative placing the order and department which he/she represents. The City shall not be
responsible for any services rendered for which the vendor did not obtain an authorized DO.
2) Services and goods will be ordered on an as needed basis by user department(s). The vendor must
obtain a delivery order (DO) before rendering services and/or delivering goods. The vendor shall also
obtain the name of the representative placing the order and department which he/she represents. The
City shall not be responsible for any services and/or goods for which the vendor did not obtain an
authorized DO.
3) Invoice(s) shall be sent to the billing address indicated on the delivery order document. Invoice(s)
must reference a delivery order number for payment consideration. It is the policy of the City of Dallas to
pay for the goods and/or services within 30 days after receipt of correct invoice.
OFFICE OF PROCUREMENT SERVICES
AWARD RECCOMENDATION LETTER
OPS-FRM-2082 2/17/2022
Rev. 12.14.2021 Page 2 of 3
If you have any questions concerning this award, please contact:
Buyer Name: Clarissa Orona
Email: clarissa.orona@dallascityhall.com
Phone No.: 214-710-0598
Estimated Qty / Spend Award Amount Catalog Discount / Cost Total Cost
#1-21 TUFF TREAD, % Discount off all Cardio/Fitness Equipment $100,000.00 $100,000.00 Quote 7509 10%
$100,000.00
OFFICE OF PROCUREMENT SERVICES
AWARD RECCOMENDATION LETTER
OPS-FRM-2082 2/17/2022
Rev. 12.14.2021 Page 3 of 3
City of Dallas Decision
Office of Procurement Services
www.dallascityhall.bonfirehub.com
1500 Marilla Street, Room 3FN
Dallas, Texas 75201-6390
Vendor Award Requirements Acknowledgment
(For award with Goods Purchase)
By signing below, White Phoenix LLC dba Tuff Tread referred to as vendor, acknowledges and
understands the requirements of bid Purchase of Fitness/Exercise Equipment and Maintenance Repair
Service. The vendor also confirms to have submitted, if any, requested changes to the terms and
conditions with their solicitation response for consideration.
(For award with Service Purchase)
By signing below, N/A hereafter referred to as vendor, acknowledges and understands the
requirements of proposal BP22-00017740. The vendor also confirms to have submitted, if any,
requested exceptions to the sample contract and/or terms and conditions with their solicitation
response for consideration. Additionally, the vendor agrees to provide insurance and/or bonding
as specified in the solicitation within 15 days after the City Council has made the award. The
vendor will be contacted by the buyer to obtain the necessary insurance certificate as specified in
the solicitation.
The vendor further agrees that contract negotiations (if required) shall be completed prior to
Dallas City Council consideration or designated date and understands any delays in providing the
required information or delays in the specified start date may result in forfeiture of award and the
City rescinding the award. If the vendor is deemed non-responsive because the vendor did not
fulfill the requirements of the solicitation prior to contract commencement of the awarded project,
the City shall not be liable for any real or perceived damages.
By signing below, the signee attests to being an officer, or representative with delegated authority, to
obligate the company to a formal contract.
This form must be completed and returned to the Buyer within 3 days of receipt to continue the award
recommendation phase.
_________
Date
__________________________________________
_
__
Company Name
___________________________
Officer Signature
Title Print Name
Rev. 1 - 03/25/10
Doc#BDPS-FRM-118 Page 1 of 14
City of Dallas
Request for Bids (RFB)
Project Title: Purchase of Fitness/Exercise Equipment and
Maintenance Repair Service
Buyer Solicitation Number: BP22-00017740
Rev. 1 - 03/25/10
Doc#BDPS-FRM-118 Page 2 of 14
Scope of Work and Specifications
I. Introduction, Purpose and Intent
The City of Dallas (City) is soliciting bids to establish a three (3) year Indefinite
Delivery/Indefinite Quantity (ID/IQ) agreement with qualified vendor(s) for the purchase of
fitness and exercise equipment, as well as to provide the maintenance and repair service of
fitness and exercise equipment for various City of Dallas departments. An ID/IQ agreement is
established when quantities of services and/or delivery schedules cannot be determined.
Services under this agreement will be ordered on an as needed basis for the term of the
agreement.
II. Pre-Bid Meeting Schedule, Questions, and Inquiries
During the solicitation process bidders are required to limit their communication regarding this
project to the Buyer referenced herein. A pre-bid meeting will be held by the City whereby the
bidders will have an opportunity to ask the requesting department(s) questions and/or obtain
clarification. The pre-bid meeting will be the only time when bidder and requesting
department(s) will communicate directly, thereafter, all communication associated with this
project shall be address to the assigned Buyer. Bidders may submit their questions electronically
through the City solicitation portal,https://dallascityhall.bonfirehub.com/login. All questions
shall be submitted electronically. The City will respond to all questions by way of addendum
which will be posted as part of the solicitation. The City, its agents, and employees shall not be
responsible for any information given by way of verbal communication.
The pre-bid meeting will be held on November 4, 2021 at 1:00 PM CST on Microsoft Teams via
https://teams.microsoft.com/dl/launcher/launcher.html?url=%2F_%23%2Fl%2Fmeetup-
join%2F19%3Ameeting_MjA1ZDlkYTctOWQ0Mi00YjUxLTliM2EtYTUyZTZjMjkwZmRi%4
0thread.v2%2F0%3Fcontext%3D%257b%2522Tid%2522%253a%25222935709e-c10c-4809-
a302-852d369f8700%2522%252c%2522Oid%2522%253a%2522db87bf28-ec4c-45a2-985d-
8927c005448a%2522%257d%26CT%3D1634672358467%26OR%3DOutlook-
Body%26CID%3D755BB920-1619-4DBE-95BB-
DB71B9827EE0%26anon%3Dtrue&type=meetup-join&deeplinkId=692e31fe-b3a7-4ddb-81ac-
530456a1f7db&directDl=true&msLaunch=true&enableMobilePage=true&suppressPrompt=true
The deadline for the submission of questions is 1:00pm on November 19th, 2021.
III. Bid Submittal Requirements
To be considered responsive, bid response must be submitted electronically
(https://dallascityhall.bonfirehub.com/login.)by the due date and time indicated in the
solicitation. All bidders submitting bids through the electronic bidding system shall scan and
upload a copy of their $100.00 bid security (sealed bid bond, certified check or cashier’s
check) as an attachment to their electronic bid.Original document(s) for the bid security
shall be required from the recommended vendor(s) to be delivered to the city’s purchasing
Rev. 1 - 03/25/10
Doc#BDPS-FRM-118 Page 3 of 14
agent upon request.The bid security of recommended bidders will be retained until such time
as the awarded bidder has executed the contract. If the awarded bidder fails to execute and
deliver the contract within ten (10) days after the notice of award, City may annul the notice of
award and shall be entitled to make a claim against the bid security. The bid security of
recommended bidders will be retained until the contract is awarded and the contract becomes
effective, or all bids are rejected, whereupon bid security furnished by all recommended bidders
will be returned.
The following documents should be submitted with your bid:
- Copy of Bid Security ($100.00)
IV. Local Preference
Local Preference - Sections 2-32(h)(2) and (h)(3) of the Dallas City Code (adopted pursuant to
Sections 271.905 and 271.9051 of the Texas Local Government Code), as amended, authorize
the City of Dallas to grant a preference to a local business (a business with its principal place of
business in the City of Dallas) and b) in awarding certain competitively bid contracts with the
City when the local business bid is within a specified percentage from the lowest responsible bid,
please refer to sections 40-42 of this document. A business interested in being considered for
local preference shall complete the Office of Procurement Services Local Preference Affidavit
(OPS-FRM-144) and submit the form with its bid.
V. Communication
It is essential that the awarded vendor responds clearly and quickly after receiving an order when
maintenance/repair service to the equipment is required. Telephone messages left to the awarded
vendor by the City’s representative shall be responded to immediately.
The City of Dallas or its representative reserves the right to cancel this contract anytime if the
products and/or services are deemed unsuitable.
VI. Award Method – The City’s intent is to award this solicitation by Group,but the City
reserves the right to award in the method that is most advantageous to the City. Vendor must bid
on all lines withing the group to be a responsive bidder.
The City reserves the sole discretion to determine whether a solicitation response is responsive.
City reserves the right to reject any or all bids and to waive minor irregularities or discrepancies
in any solicitation response as may be in the best interest of City. Late bids will not be
considered for award.
VII. Location and Invoicing
The City shall pay invoices in 30 days. For the City to pay invoices in 30 days, the vendor’s
invoice must be correct, and reflect the work or goods delivered to the City. The 30 days begin
when the City has received a correct invoice reflecting the work or goods delivered. If the City
receives an invoice that is not correct and/or reflective of work or goods that have been
Rev. 1 - 03/25/10
Doc#BDPS-FRM-118 Page 4 of 14
delivered, the City will request a corrected invoice and the 30-day period will begin once the
correct invoice has been received. All work described in the vendor invoice must have been
delivered in compliance with the terms of the contract.
Invoices shall be submitted monthly to the City for payment, unless both parties agree to
alternative arrangement based on project milestones. Each invoice submitted for payment shall
include, at a minimum, the following information:
Name and address of the department for which services were provided
Contact information of City staff who placed order (name, phone number, department)
Date of order or Service
Detailed description of each service
Price good or services (charges for all services covered by this contract are to be
separately stated and explained
Total cost of goods/services
All invoices are to be sent to: City of Dallas Accounts Payable, 1500 Marilla St., Room
L2FS, Dallas, TX 75201.
Submitting invoices without the above information may cause delays in payment processing.
Incorrect invoices or invoices sent to the wrong address will delay payment. Vendors who fail to
follow these instructions risk having the contract with the City cancelled.
VIII. Bid Sheet
The estimated quantities on the bid sheet are estimates only based on previous usage;
actual expenditures may be less or greater than the quantities listed.
IX. Pricing
Group A on the bid sheet provides the projected expenditure for the purchase of equipment from
the listed manufacturer. Bidders shall submit their deepest discount for the entire line of whole
products to be applied against the prevailing manufacturer’s most recent published catalog.
An entry of “0” discount will be interpreted by the City to mean the vendor intends to provide a
line with no discount. The percentage discount shall remain firm for the term of the agreement.
Group B, bidder shall provide a discount off manufacturer price list for any parts required for
repairs.
Group will also allow the vendor to enter an hourly price for repairs, excluding
warranty work. Bidders are required to bid on all lines within each group to be considered
responsive.
Group allows a price per item which shall remain firm for the term of the agreement.
A review of products/parts bid on GROUP A, B C,Bidder(s) may be requested
to provide a catalog and price list for specific equipment/parts for evaluation purposes. The
Bidder shall provide specific equipment (type/model, etc.) information from the most current
manufacturer catalog/price listing in electronic form (website or searchable .PDF
file from the manufacturer)within seven (7) business days of request by the City
Buyer. Failure to provide manufacturer price list as requested may result in bid rejection.
Bidders shall be capable
Rev. 1 - 03/25/10
Doc#BDPS-FRM-118 Page 5 of 14
of supplying the parts and repairing and/or servicing all manufacturers’ equipment for which
they are bidding.
X. Equipment
The equipment bid in these specifications shall be new/current year model, unused and designed
specifically for heavy duty commercial use by the general public. Any omission from these
specifications shall not relieve the awarded vendor from delivering an operational machine,
complete and ready for immediate use. Non-compliance to this requirement will compel the City
to refuse delivery of the equipment.Prices for equipment shall include complete assembly
and all delivery and/or handling charges. The City of Dallas will not pay for any additional
delivery and/or handling cost(s).
XI.Replacement Parts
All replacement parts shall be new and Original Equipment Manufacturer (OEM) parts.
XII. Delivery
The awarded vendor(s) shall be responsible for the delivery and set-up to the designated fitness
room facilities within ten (10) days after an order is placed. The contact person name and
address of the facility will be given to the awarded company when an order is placed.
The awarded vendor(s) shall give the City’s designated representative a one (1) hour notice prior
to delivery and set-up of the equipment. Upon delivery, the awarded vendor along with the
City’s representative, shall inspect the equipment for any damage, missing parts, dents, and
accessories, etc., that may have taken place during transport.
Bidder shall be responsible for the replacement and repairs of any parts, accessories and damages
to the equipment prior to acceptance of delivery by the City’s representative.
Bidder shall be responsible for the replacement of any damaged equipment that is deemed
unsuitable for use upon delivery, at no additional cost to the City.
If the equipment shipped is not the specified item, the equipment will be returned to the awarded
vendor and the awarded vendor will be responsible for the return shipping and handling fees.
XIII. Service and Warranty
The awarded vendor will provide preventive maintenance, lube and tighten to strengthen
equipment, lube cardio equipment, wax treadmill decks and replace manufacturer’s parts with
new materials, as needed.
The awarded vendor shall be able to respond to a service call from the City within twenty-four
(24) hours after being notified by a City representative.
Rev. 1 - 03/25/10
Doc#BDPS-FRM-118 Page 6 of 14
The awarded vendor shall provide a lifetime warranty on the frames, a minimum of five (5)
years, warranty on all moving parts, and a one (1) year warranty on the belts, cables, handgrips,
upholstery, paint and miscellaneous parts.
The awarded vendor shall warrant all service and replacement parts for a minimum period of one
(1) year or provide the City with the manufacturer’s warranty for parts as applicable.
Warranty shall become effective the day the equipment is put into use by the City.
The awarded vendor should have a stock of regular and special parts to service non-working
and/or broken-down equipment at the sites.
XIV. Qualifications
Bids will only be considered from bidders who are manufacturers or authorized distributors of
the products they are bidding on and have been in the business of selling, servicing, repairing,
bidding sales, service respectively, commercial grade exercise and fitness equipment for a period
of two (2) years.
Within ten (10) business days after request by the City, bidder shall provide, at no cost to the
City, verifiable references with complete contact information of at least four (4) customers for
the scope of items they have bid evidencing years of business. Failure to provide references or
unfavorable responses from references may exclude the bidder from this award.
XV. Safety
Awarded vendor shall be responsible for placing barricades, plastic marking tape or other
safety/traffic control materials required to protect City employees and the public in the
surrounding areas, while the equipment is being delivered and set-up or out of service for repair.
XVI. Technical Literature
The awarded vendor shall furnish maintenance, service, safety guides and operator’s manuals
with each piece of equipment delivered to the fitness facilities. Delivery of each piece of
equipment shall not be delayed by this requirement.
XVII. Training
Upon request of the City, and at no additional cost to the City, the awarded vendor shall provide
training on how to properly use and operate the equipment. There will be no more than one
training session requested by the City at each facility.
XVIII.Performance
1. The awarded vendor shall furnish all necessary personnel, labor, tools, equipment and
supplies to perform the needed services and repairs on the equipment at the equipment’s
location.
Rev. 1 - 03/25/10
Doc#BDPS-FRM-118 Page 7 of 14
After a request for repair is received, the contractor will be expected to perform an initial
visit. With the authorization of the authorized City employee, the equipment should be
repaired within thirty (30) days. If the equipment is not repaired within the specified time
frame, the City may request repair from another vendor; charges will not be paid on
services not performed. Repeated incidents may result in the vendor being terminated
from the contract.
2. All repairs must receive approval from City staff prior to the issuance of payment.
Repairs that are deemed by the City’s representative to be unsatisfactory shall be
corrected by the vendor within twenty-four (24) hours at no additional cost to the City.
3. In the event the unsatisfactory performance is not corrected within the time specified
above, the City shall have the right to complete the work to its satisfaction and shall
deduct the cost from any balances due or that may become due to the contractor.
4. After a second incident of unsatisfactory performance or poor workmanship, the City
may cancel the contract with the contractor.
5. The contractor will be notified by Certified Mail when the City determines that an issue
of unsatisfactory performance or workmanship exists, and the letter will detail what
action is required from the contractor.
XIX. Manufacturer Brands
Bidder(s) shall submit discount and pricing off the specific brands listed on the bid sheet for
groups A & B only; alternate brands will not be considered.
For group C, bidder(s) may bid generic brands excluding items listed as DO NOT
SUBSTITUTE. If bidder(s) are offering alternative brands, they shall list what they are offering
and attach the appropriate data sheet. If no alternative brand is listed, it will be understood the
exact brand specified on the bid sheet is what the vendor will be offering and will not be allowed
to substitute brands without the approval of the ordering department.
XX. Requirements
1. The awarded vendor shall be able to maintain a wide variety of commercial grade
exercise and fitness equipment at various City facilities.
2. The exercise and fitness equipment to be serviced with this bid is not limited to the
equipment that will be purchased in this contract; existing equipment will require
maintenance through the terms of this contract.
3. The awarded vendor will provide training on how to perform minor repair work on the
equipment and shall be able to communicate with the City’s staff when questions arise
concerning non-working equipment.
4. The awarded vendor will be responsible for any damages made to the equipment,
facilities or floors while the work is being performed at the sites.
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Doc#BDPS-FRM-118 Page 8 of 14
5.The awarded vendor will be able to start this contract within thirty (30) days after being
notified of the award by the City’s purchasing department.
XXI. Location and Address
When an order or a request for service is placed, the City’s representative will provide the
awarded vendor with the delivery order number (DO), the delivery location, address, contact
name, and phone number.
Delivery locations will not be specific locations; delivery shall be made at various locations
throughout the City.
XXII. Documents Submitted with Bid or upon Request
1. Business Information Form (BDPS-FRM-140)
2. Conflict of Interest Questionnaire
3. Insurance Requirements Affidavit Form (BDPS-FRM-122)
4.Must submit Business Inclusion and Development Affidavit (BDPS-FRM-203)
5.Must submit Ethnic Workforce Composition Report (BDPS-FRM-204)
6.Must submit RFP/RFCSP Contractors affidavit history of MWBE utilization form
(BDPS-FRM-205)
7.Must submit RFP/RFCSP Contractors affidavit type of work by prime and sub consultant
form (BDPS-FRM-206)
8. Copy of contractor’s internal affirmative action plan or policy
9. Wage Floor Affidavit (OPS-FRM-150)
10. Sample Contract with markups
11. Any other City documents as required
XXIII. Opening of Bids
Bids will be opened by the City at 2:00 p.m. the day following the due date. Bids will be publicly
opened in compliance with public bid opening statutory requirements.
XXIV. Review of Bids
1. The City will review bids for compliance to determine whether bids are responsive and
responsible and whether the bid meets minimum requirements.
2. The City may conduct all necessary inquiries or investigations, including but not limited to,
contacting references to verify the statements, documents, and information submitted in
connection with the bid.
3. Please be aware that the City of Dallas may use sources of information not supplied by the
bidder concerning the abilities to perform this work or meet the minimum requirements. Such
sources may include current or past customers of the organization; current or past suppliers;
articles from industry newsletters or other publications or from non-published sources made
available to the City of Dallas.
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Doc#BDPS-FRM-118 Page 9 of 14
XXV. Bid Pricing
1. Bid pricing shall be firm for the entire contract unless otherwise stated herein. The Contract
shall commence on the date of award by the Dallas City Council and upon the execution of
the Contract.
2. Costs not included or calculated in the applicable unit prices as bid will not be paid by the
City, regardless of the intentions of the bidder when the bid was submitted and regardless
that those costs were actually incurred.
XXVI. Insurance
Within fifteen days of notification, the awarded Bidder(s) must provide a certificate of insurance
evidencing proof of coverage listed in Attachment 1 Insurance. The City of Dallas will be
provided a Waiver of Subrogation Waiving Rights of Recovery against City of Dallas on the
Workers’ Compensation/Employers Liability policy. The City will be shown as the certificate
holder. This insurance must stay in force for the duration of the agreement.
XXVII. Rejection or Acceptance of Bids
1. This RFB does not commit the City to award a Contract. The City reserves the right to
reject any or all bids, to waive technicalities or irregularities, and to accept any bid it
deems to be in the best interest of the City. The City shall not be liable for any costs
incurred by any company responding to this RFB.
2. The City will require the recommended bidder to sign the necessary Contract documents
prepared by the City Attorney's Office, if applicable. If applicable, a sample Contract is
included as an attachment. Bidders must take exception to any term of the Contract to
which it will not agree in its bid.
XXVIII. Late and Withdrawn Bids
Bids are required to be submitted electronically using the City procurement website
https://dallascityhall.bonfirehub.com/login.The system will not accept submittals after the due
date and time and hard copy submittals are not permissible.
XXIX. Confidentiality
Any information deemed confidential, shall be clearly noted as such on each page of the
solicitation response. City cannot guarantee it will not be compelled to disclose all or part of any
public record under the Texas Open Record Act. Bidders will be opened by the City to avoid
disclosure of contents to competing Respondents and kept secret and confidential during the
solicitation process and prior to award. Respondents who include information in a bid that is
legally protected as trade secret or confidential shall clearly indicate the information which
constitutes a trade secret or confidential information by marking that part of the bid “trade
secret” or “confidential” at the appropriate place. If a request is made under the Texas Open
Records Act to inspect information designated as trade secret or confidential in a bid, the bidder
shall, upon request, immediately furnish sufficient written reasons and information as to why the
information designated as a trade secret or confidential should be protected from disclosure, for
the City Attorney to present the matter to the Attorney General of Texas for final determination.
XXX. Disqualification of Bidders
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Doc#BDPS-FRM-118 Page 10 of 14
Bidders may be disqualified for, but not limited to, the following reasons:
Reason to believe collusion exists among the bidders
The bidder is involved in any litigation against the City of Dallas
The bidder is in arrears on an existing contract or has failed to perform on a previous
contract with the City of Dallas
XXXI. Permits Required by Law
Contractor shall comply with all requirements of federal, state, and local statutory requirements
and regulations pertinent to or affecting any phase of this contract.
XXXII. Records and Audit
The Contractor shall keep accurate records of all components of invoices to the City, including
but not limited to times and payroll receipts for hourly personnel utilized by this Contract. These
records shall be retained for a minimum of two years after the conclusion of the Contract. The
City reserves the right to audit any records it deems necessary for the execution of this Contract.
XXXIII. Assignment of Contract
The Contractor shall not assign, transfer, sublet, convey or otherwise dispose of the Contract of
any part therein or its right, title or interest therein or its power to execute the same to any other
persons, firm, partnership, company or corporation without the prior written consent of the City.
Should the Contractor assign, transfer, sublet, convey or otherwise dispose of its right, title or
interest or any part thereof in violation of this section, the City may, at its discretion, cancel the
Contract and all rights, title and interest of the Contractor shall therein cease and terminate, and
the Contractor shall be declared in default.
XXXIV. Default by Contractor
The following events shall be deemed to be events of default by Contractor under the Contract:
Contractor shall become insolvent, or shall make a transfer in fraud of creditors, or shall
make an assignment for the benefit of creditors;
Contractor attempts to assign the Contract without the prior written consent of the City;
Contractor shall fail to perform, keep or observe any term, provision or covenant of the
Contract; or
Contractor fails to properly and timely pay Contractor personnel, suppliers or other
contractors and the failure impacts the City in any manner.
In the event a default occurs, the Director shall give the Contractor written notice of the default.
If the default is not corrected to the satisfaction and approval of the Director within the time
specified in such notice, the City may immediately cancel the Contract. At the direction of the
Director, the Contractor shall vacate the facility, if applicable, and shall have no right to further
operate under the Contract.
The Contractor, in accepting the Contract, agrees that the City shall not be liable to prosecution
for damages or lost anticipated profits if the City cancels or terminates the Contract.
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No Waiver: No waiver by the City of any default or breach of any covenant, condition, or
stipulation shall be treated as a waiver of any subsequent default or breach of the same or any
other covenant, condition, or stipulation.
XXXV. Termination
The City may terminate this agreement in whole or in part by giving thirty days written notice
thereof to Contractor. The City will compensate Contractor in accordance with the terms of the
agreement for all goods and services delivered and accepted prior to the effective date of such
termination notice.
XXXVI. Miscellaneous
1. After executing the Contract, no consideration will be given to any claim of
misunderstanding.
2. Bidders shall submit with their bid, the required Contractor’s qualification statement with
supporting information as stated herein along with all other supporting documentation
requested.
3. Bidders shall thoroughly familiarize themselves with the provisions of these Specifications.
4. The City reserves the right to reject all bids and to waive any minor irregularities.
5. A bid may be disqualified if the corporation or individual bidder is in arrears or in default to
the City for delinquent taxes or assessments or on any debt or Contract, whether as defaulter
or bondsman; or who has defaulted upon any obligation to the City by failing to perform
satisfactorily any previous agreement or Contract within the past seven years. Also, bidders
may be disqualified for poor prior performance on similar Contracts with other entities.
6. The Contract with the Contractor will be drawn by the City and may contain such other
provisions as are deemed necessary to protect the interests of the City.
7. The Contractor agrees to abide by the rules and regulations as prescribed herein. The
Contractor will, in all solicitations or advertisements for personnel to perform services under
the Contract, state that all qualified applicants will receive consideration for employment
without regard to race, color, religion, gender, or national origin.
8. If either party hereto is prevented from completing its obligations under the Contract by act
of God, strike, lockout, material or labor restrictions by any governmental authority, civil
riot, flood, or any other cause beyond the control of the parties hereto, then such party shall
be excused from such performance for such period of time as is reasonably necessary after
such occurrence to remedy the effects thereof.
9. The section headings in these Specifications are for convenience in reference and are not
intended to define or limit the scope of any of the conditions, terms or provisions of these
specifications.
10.Should any question arise as to the proper interpretation of the terms and conditions of these
specifications, the decision of the City Attorney or his authorized representative shall be final.
XXXVII. Conflict of Interest
CHARTER XXII Sec. 11 FINANCIAL INTEREST OF EMPLOYEE OR OFFICER
PROHIBITED
(a) No city official or employee shall have any financial interest, direct or indirect, in any
contract with the city, or be financially interested, directly or indirectly, in the sale to the city of
any land, materials, supplies or services, except on behalf of the city as a city official or
Rev. 1 - 03/25/10
Doc#BDPS-FRM-118 Page 12 of 14
employee. Any violation of this section shall constitute malfeasance in office, and any city
official or employee guilty thereof shall thereby forfeit the city official’s or employee’s office or
position with the city. Any violation of this section, with knowledge, express or implied, of the
person or corporation contracting with the city shall render the contract involved voidable by the
city manager or the city council.
(b) The alleged violations of this section shall be matters to be determined either by the trial
board in the case of employees who have the right to appeal to the trial board, and by the city
council in the case of other employees.
(c) The prohibitions of this section shall not apply to the participation by city employees in
federally-funded housing programs, to the extent permitted by applicable federal or state law.
(d) This section does not apply to an ownership interest in a mutual or common investment fund
that holds securities or other assets unless the person owns more than 10 percent of the value of
the fund.
(e) This section does not apply to non-negotiated, form contracts for general city services or
benefits if the city services or benefits are made available to the city official or employee on the
same terms that they are made available to the general public. (f) This section does not apply to a
nominee or member of a city board or commission, including a city appointee to the Dallas Area
Rapid Transit Board. A nominee or member of a city board or commission, including a city
appointee to the Dallas Area Rapid Transit Board, must comply with any applicable conflict of
interest or ethics provisions in the state law and the Dallas City Code. (Amend. of 8-12-89, Prop.
No. 1; Amend. of 8-12-89, Prop. No. 15; Amend. of 11-4-14, Prop. Nos. 2 and 9) 11HAPTER
XXII.1
XXXVIII.Indemnity
The selected bidder agrees to defend, indemnify and hold the City, its officers, agents and
employees, harmless against any and all claims, lawsuits, judgments, costs, and expenses for
personal injury (including death), property damage or other harm for which recovery of damages
is sought, suffered by any person or persons, that may arise out of or be occasioned by the
selected bidder’s breach of any of the terms or provisions of the contract, or by any other
negligent or strictly liable act or omission of the selected bidder, its officers, agents, employees,
or subcontractors, in the performance of the contract; except that the indemnity provided for in
this paragraph shall not apply to any liability resulting from the sole negligence or fault of the
City, its officers, agents, or employees and in the event of joint and concurrent negligence or
fault of the selected bidder(s) and City, responsibility, and indemnity, if any, shall be apportioned
comparatively in accordance with the laws of the State of Texas, without waiving any
governmental immunity available to the City under Texas law and without waiving any defenses
of the parties under Texas law. The provisions of this paragraph are solely for the benefit of the
parties hereto and are not intended to create or grant any rights, contractual or otherwise, to any
other person or entity.
XXXIX. Wage Floor Rate Requirement
1. On November 10, 2015, the Dallas City Council passed Resolution 15-2141 which requires
prime contractors, awarded general service contracts valued greater than $50,000, and first-
tier subcontractors on the contract to pay their employees rendering services on the contract a
wage floor of not less than $15.21 per hour.
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2. Pursuant to Resolution 15-2141 the wage floor requirement for all general service contracts
greater than $50,000 shall be effective immediately on all new contracts awarded after
November 10, 2015. Contractors bidding/proposing on general service contracts shall take
into consideration such wage floor requirements in their bid/proposal. The wage floor
requirement for the City of Dallas’ general service contracts shall be derived from the most
current Massachusetts Institute of Technology Living Wage publication and shall remain
fixed for the term of the respective contract. The City reserves the right to audit such
contracts for compliance with the wage floor requirement as mandated by Resolution 15-
2141. This requirement does not apply to construction contracts in which prevailing wage of
employees is governed by the Davis-Bacon Act as defined in the Texas Local Government
Code 2258, purchase of goods, procurements made with grant funds or procurements made
through cooperative and/or inter-local agreements.
3. The purpose of this policy is to promote an acceptable wage floor for working families in the
City of Dallas, increase the level of service delivered to the City through specific contracts
and reduce turnover in such contracts thus maintaining a continuous and consistent level of
service for vested parties.
4. The City Manager shall use the following definitions to administer the benefactors of the
“wage floor” for purposes of the referenced resolution:
"City" means the City of Dallas, Texas.
"General Services Contract" means any agreement between the City and any other
Person or business to provide general services through an awarded City contract
valued greater than $50,000. A General Services Contract for purposes of the
Resolution does not include (i) a contract between the City and another governmental
entity or public utility, (ii) a contract subject to federal or state laws or regulations
that would preclude the application of the application of the wage floor, (iii) or a
contract with all services under the contract performed outside of the City of Dallas.
"Subcontractor" means any Person or business that has entered into its own contract
with a prime contractor to perform services, in whole or in part, as a result of an
awarded City general
"Employee" means any person who performs work on a full-time, part-time,
temporary, or seasonal basis, including employees, temporary workers, contracted
workers, contingent workers, and persons made available to work through services of
a temporary services, staffing or employment agency or similar entity.
XL. Wage Floor Reporting Requirements
Contractors awarded City general services contracts as described in the wage floor rate
requirement section of this specification shall be required to provide the buyer the residential zip
code and respective number of employees directly impacted by the wage floor requirement ten
days after Council approval and on January 1st. but not later than January 31st. for the term of
the contract. The Contractor shall submit the report to the contract administrator during the
established period.
XLI. Wage Floor Compliance Requirements
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Contractors submitting a response to a solicitation for general services must comply with the
wage floor requirement to be consider responsive. The City may request that Contractors, at any
time during the pre- or post-award process, demonstrate compliance with the wage floor
requirement. Contractors not compliant with the wage floor requirement will be deemed
nonresponsive and will not be considered for award. Contractors awarded general service
contracts must comply with the wage floor policy and reporting requirements for the term of the
contract, failure to remain in compliance may result in breach of contract.
XLII. Development Costs
Neither City of Dallas nor its representatives shall be liable for any expenses incurred in
connection with preparing a response to this RFB. Respondents are encouraged to prepare their
bids simply and economically, providing a straightforward and concise description of your firm’s
ability to meet the requirements of the RFB.
XLIII. Contract Award
The City reserves the right to award this bid to the lowest bidder(s) by line, group, in its entirety,
or in a manner that is most advantageous to the City. By submitting a bid, the bidder agrees to be
bound by these terms and conditions unless otherwise noted herein. The final contract is subject
to City Council approval.
XLIV. Certificate of Interested Parties (Form 1295)
All vendors recommended by City staff for a contract pursuant to this RFCSP will be required to
comply with Section 2252.908 of the Texas Government Code. Each vendor shall complete
Form 1295-Certificate of Interested Parties- for every contract for which they’re recommended.
Vendor will complete the form electronically at the Texas Ethics Commission website,
https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm ,
and submit a copy to the buyer before the contract information will be sent to the City Attorney’s
Office to draft the contract. Once the terms of the contract are fully negotiated; the
recommended vendor has signed the contract indicating agreement with the terms of the
contract; and the Form 1295 is on file at the Texas Ethics Commission website with a copy
provided to the buyer; the staff recommendation will be placed on a City Council agenda to
award the contract.
ResponsesSuccess: All data is valid!NumericStatus # ItemEstimated QuantityUnit Price Total CostGroup C - Hourly Labor RateSuccess: All values provided#1-1Hourly labor rate to repair Cybex equipment2091 $ 0.00 $ 0.00 Success: All values provided#1-2Hourly labor rate to repair Hoist equipment1605 $ 0.00 $ 0.00 Success: All values provided#1-3Hourly labor rate to repair Landice equipment215 $ 0.00 $ 0.00 Success: All values provided#1-4Hourly labor rate to repair Precor equipment250 $ 0.00 $ 0.00 Success: All values provided#1-5Hourly labor rate to repair Technogym equipment25 $ 0.00 $ 0.00 Success: All values provided#1-6Hourly labor rate to repair True Fitness equipment116 $ 0.00 $ 0.00 Success: All values provided#1-7Hourly labor rate to repair Octane equipment163 $ 0.00 $ 0.00
Success: All values provided#1-8Hourly labor rate to repair Sports Art equipment50 $ 0.00 $ 0.00 Success: All values provided#1-9Hourly labor rate to repair Icarian equipment20 $ 0.00 $ 0.00 Success: All values provided#1-10Hourly labor rate to repair Body Masters equipment16 $ 0.00 $ 0.00 Success: All values provided#1-11Hourly labor rate to repair Omega Fitness equipment20 $ 0.00 $ 0.00 Success: All values provided#1-12Hourly labor rate to repair Life Cycle equipment20 $ 0.00 $ 0.00 Success: All values provided#1-13Hourly labor rate to repair Lifespan equipment20 $ 0.00 $ 0.00 Success: All values provided#1-14Hourly labor rate to repair Schwinn Elite equipment20 $ 0.00 $ 0.00 Success: All values provided#1-15Hourly labor rate to repair Lifefitness equipment16 $ 0.00 $ 0.00 Success: All values provided#1-16Hourly labor rate to repair Nautilus equipment16 $ 0.00 $ 0.00
Success: All values provided#1-17Hourly labor rate to repair Cateye Ergociser equipment10 $ 0.00 $ 0.00 Success: All values provided#1-18Hourly labor rate to repair Track Master equipment10 $ 0.00 $ 0.00 Success: All values provided#1-19Hourly labor rate to repair Star Trac equipment16 $ 0.00 $ 0.00 Success: All values provided#1-20Hourly labor rate to repair TROY equipment100 $ 0.00 $ 0.00 Success: All values provided#1-21Hourly labor rate to repair Rogue Fitness equipment20 $ 0.00 $ 0.00 Success: All values provided#1-22Hourly labor rate to repair Assault equipment20 $ 0.00 $ 0.00 Success: All values provided#1-23Hourly labor rate to repair Concept 2 equipment20 $ 0.00 $ 0.00 Success: All values provided#1-24Hourly labor rate to repair Matrix equipment20 $ 0.00 $ 0.00 Success: All values provided#1-25Hourly labor rate to repair Freemotion equipment20 $ 0.00 $ 0.00 Success: All values provided#1-26Hourly labor rate to repair Spirit equipment20 $ 0.00 $ 0.00
Success: All values provided#1-27Hourly labor rate to repair Inflight equipment20 $ 0.00 $ 0.00 Success: All values provided#1-28Hourly labor rate to repair TUFF TREAD equipment100 $ 75.00 $ 7,500.00 Group D - Miscellaneous Fitness EquipmentSuccess: All values provided#2-1ALGRA laminated chart, 24"x36", multi-color (Do not Substitute*)203 $ 0.00 $ 0.00 Success: All values provided#2-2TKO Curl Bar (Do not Substitute*)36 $ 0.00 $ 0.00 Success: All values provided#2-3Dual Adjustable Pulley, FSDAP5 $ 0.00 $ 0.00 Success: All values provided#2-4TKE rubber coated weight, per pound (Do not Substitute*)18000 $ 0.00 $ 0.00 Success: All values provided#2-5Titan Fitness 4 lb medicine ball (Do not Substitute*)27 $ 0.00 $ 0.00 Success: All values provided#2-6Titan Fitness 6 lb medicine ball (Do not Substitute*)27 $ 0.00 $ 0.00
Success: All values provided#2-7Titan Fitness 8 lb medicine ball (Do not Substitute*)27 $ 0.00 $ 0.00 Success: All values provided#2-8Titan Fitness 10 lb medicine ball (Do not Substitute*)27 $ 0.00 $ 0.00 Success: All values provided#2-9Titan Fitness 12 lb medicine ball (Do not Substitute*)27 $ 0.00 $ 0.00 Success: All values provided#2-10Titan Fitness Medicine ball rack (Do not Substitute*)26 $ 0.00 $ 0.00 Success: All values provided#2-11Life Fitness Hammer Strength Medicine Ball - 30lbs (Do not Substitute*)5 $ 0.00 $ 0.00 Success: All values provided#2-12Life Fitness Hammer Strenght Medicine Ball - 20lbs (Do not Substitute*)5 $ 0.00 $ 0.00 Success: All values provided#2-13Power Sling Medicine Ball Holders5 $ 0.00 $ 0.00 Success: All values provided#2-14Sand Bells (10lbs)5 $ 0.00 $ 0.00 Success: All values provided#2-15Sand Bells (15lbs)5 $ 0.00 $ 0.00 Success: All values provided#2-16Sand Bells (25lbs)5 $ 0.00 $ 0.00
Success: All values provided#2-17Sand Bells (40lbs)5 $ 0.00 $ 0.00 Success: All values provided#2-18Versaballs5 $ 0.00 $ 0.00 Success: All values provided#2-19Gym wipes5 $ 0.00 $ 0.00 Success: All values provided#2-20Agility Dots1 $ 0.00 $ 0.00 Success: All values provided#2-215-50 rubber hex dumbell set30 $ 0.00 $ 0.00 Success: All values provided#2-2255 lb rubber octagon dumbell30 $ 0.00 $ 0.00 Success: All values provided#2-2360 lb rubber octagon dumbell30 $ 0.00 $ 0.00 Success: All values provided#2-2465 lb rubber octagon dumbell30 $ 0.00 $ 0.00 Success: All values provided#2-256, 8, & 12 kg kettlebell set, fully cast iron21 $ 0.00 $ 0.00 Success: All values provided#2-2612, 24 & 32 kg kettlebell set, fully cast iron21 $ 0.00 $ 0.00 Success: All values provided#2-27Speed Training Sleds1 $ 0.00 $ 0.00 Success: All values provided#2-28Heavy Resistance Cord & Harness (kit)2 $ 0.00 $ 0.00
Success: All values provided#2-29Runners Parachutes -Small10 $ 0.00 $ 0.00 Success: All values provided#2-30Runners Parachutes -Medium10 $ 0.00 $ 0.00 Success: All values provided#2-31Runners Parachutes -Large10 $ 0.00 $ 0.00 Success: All values provided#2-32Asp Training Handcuffs1 $ 0.00 $ 0.00 Success: All values provided#2-33Red Training Guns1 $ 0.00 $ 0.00 Success: All values provided#2-34Inert Training Mace1 $ 0.00 $ 0.00 Success: All values provided#2-35Speed Jump Rope - 8ft1 $ 0.00 $ 0.00 Success: All values provided#2-36Speed Jump Rope - 9ft1 $ 0.00 $ 0.00 Success: All values provided#2-37Speed Jump Rope -10ft1 $ 0.00 $ 0.00 Success: All values provided#2-38Left Hand Training Taser1 $ 0.00 $ 0.00 Success: All values provided#2-392.5 lb olympic plates148 $ 0.00 $ 0.00 Success: All values provided#2-405 lb olympic plates148 $ 0.00 $ 0.00
Success: All values provided#2-4110 lb olympic plates148 $ 0.00 $ 0.00 Success: All values provided#2-4225 lb olympic plates148 $ 0.00 $ 0.00 Success: All values provided#2-4335 lb olympic plates148 $ 0.00 $ 0.00 Success: All values provided#2-4445 lb olympic plates148 $ 0.00 $ 0.00 Success: All values provided#2-45FREEWEIGHT BAR 7' Olympic37 $ 0.00 $ 0.00 Success: All values provided#2-46Spring Lock Collar, for LINE ITEM 2436 $ 0.00 $ 0.00 Success: All values provided#2-47EXERCISE MAT, 4' square folding500 $ 0.00 $ 0.00 Success: All values provided#2-48PLYOMETRIC JUMP BOX101 $ 0.00 $ 0.00 Success: All values provided#2-49Blood Pressure Cuffs1 $ 0.00 $ 0.00 Success: All values provided#2-50STEP AEROBICS, Rebok adjusts to 6", 7", 8", 9",10"202 $ 0.00 $ 0.00 Success: All values provided#2-51Kick pad, top grade leather24 $ 0.00 $ 0.00
Success: All values provided#2-52Mit, leather shell24 $ 0.00 $ 0.00 Success: All values provided#2-53Punching Mitts1 $ 0.00 $ 0.00 Success: All values provided#2-54RESISTANCE BALL, aprox 65 cm200 $ 0.00 $ 0.00 Success: All values provided#2-5518 lb AEROBIC WEIGHT BAR60 $ 0.00 $ 0.00 Success: All values provided#2-5624 lb AEROBIC WEIGHT BAR60 $ 0.00 $ 0.00 Success: All values provided#2-5730 lb AEROBIC WEIGHT BAR60 $ 0.00 $ 0.00 Success: All values provided#2-58Wall Mounted, CHIN-UP BAR, commercial grade, 4-user capability system Rogue W10 ( EVH-329-87495) or approved equal20 $ 0.00 $ 0.00 Success: All values provided#2-59Wall Mounted CHIN-UP BAR, single-user Rogue P-4 Pull System or approved equal2 $ 0.00 $ 0.00 Success: All values provided#2-60CHIN-UP BAR, freestand1 $ 0.00 $ 0.00 Success: All values provided#2-61TIRE-PULLING HARNESS20 $ 0.00 $ 0.00
Success: All values provided#2-62SURFACE, Everlast sport 500 sq ft (Do not Substitute*)3 $ 0.00 $ 0.00 Success: All values provided#2-63Light resistance training band (to 120 lbs)202 $ 0.00 $ 0.00 Success: All values provided#2-64Medium resistance training band (to 150 lbs)202 $ 0.00 $ 0.00 Success: All values provided#2-65Heavy resistance training band (to 200 lbs)202 $ 0.00 $ 0.00 Success: All values provided#2-66ASP BATON TRAINING BAG (Do not Substitute*)10 $ 0.00 $ 0.00 Success: All values provided#2-6710 lb woody bag12 $ 0.00 $ 0.00 Success: All values provided#2-6820 lb woody bag12 $ 0.00 $ 0.00 Success: All values provided#2-6930 lb woody bag12 $ 0.00 $ 0.00 Success: All values provided#2-7040 lb woody bag12 $ 0.00 $ 0.00 Success: All values provided#2-7150 lb woody bag12 $ 0.00 $ 0.00 Success: All values provided#2-72Dumbbell Rack Double PLATINUM Frame FWDR22 $ 0.00 $ 0.00
Success: All values provided#2-73High Gear Impact Reduction Suits size Large2 $ 0.00 $ 0.00 Success: All values provided#2-74High Gear Impact Reduction Suits size X-Large2 $ 0.00 $ 0.00 Success: All values provided#2-75High Gear Impact Reduction Suits size 2X-Large2 $ 0.00 $ 0.00 Success: All values provided#2-76Bosu® 3D system (Do not Substitute*)20 $ 0.00 $ 0.00 Success: All values provided#2-77Bosu® ball rack (Do not Substitute*)20 $ 0.00 $ 0.00 Success: All values provided#2-78Swiss Ball2 $ 0.00 $ 0.00 Success: All values provided#2-79Jump Ropes10 $ 0.00 $ 0.00 Success: All values provided#2-80Pilates rins2 $ 0.00 $ 0.00 Success: All values provided#2-81Troy VTX Rubber Kettle Bell 8LB (Do not Substitute*)10 $ 0.00 $ 0.00 Success: All values provided#2-82Troy VTX Rubber Kettle Bell 10LB (Do not Substitute*)10 $ 0.00 $ 0.00
Success: All values provided#2-83Troy VTX Rubber Kettle Bell 15LB (Do not Substitute*)10 $ 0.00 $ 0.00 Success: All values provided#2-84Troy VTX Rubber Kettle Bell 20LB (Do not Substitute*)10 $ 0.00 $ 0.00 Success: All values provided#2-85Troy VTX Rubber Kettle Bell 25LB (Do not Substitute*)10 $ 0.00 $ 0.00 Success: All values provided#2-86Troy VTX Rubber Kettle Bell 30LB (Do not Substitute*)10 $ 0.00 $ 0.00 Success: All values provided#2-87Troy VTX Rubber Kettle Bell 35LB (Do not Substitute*)10 $ 0.00 $ 0.00 Success: All values provided#2-88Troy VTX Rubber Kettle Bell 40LB (Do not Substitute*)10 $ 0.00 $ 0.00 Success: All values provided#2-89Troy VTX Rubber Kettle Bell 45LB (Do not Substitute*)10 $ 0.00 $ 0.00 Success: All values provided#2-90Troy VTX Rubber Kettle Bell 50LB (Do not Substitute*)10 $ 0.00 $ 0.00 Success: All values provided#2-91Troy Ketlebell Rack (Do not Substitute*)10 $ 0.00 $ 0.00
Success: All values provided#2-92Troy 12-Sided Rubber Encased Dumbbell 5-50LB (Do not Substitute*)10 $ 0.00 $ 0.00 Success: All values provided#2-93Troy 12-sided Rubber Encased Dumbbell 55 LBs (Do not Substitute*)10 $ 0.00 $ 0.00 Success: All values provided#2-94Troy 12-sided Rubber Encased Dumbbell 60 LBs (Do not Substitute*)10 $ 0.00 $ 0.00 Success: All values provided#2-95Troy 12-sided Rubber Encased Dumbbell 65 LBs (Do not Substitute*)10 $ 0.00 $ 0.00 Success: All values provided#2-96Troy 12-sided Rubber Encased Dumbbell 70 LBs (Do not Substitute*)10 $ 0.00 $ 0.00 Success: All values provided#2-97Troy 12-sided Rubber Encased Dumbbell 75 LBs (Do not Substitute*)10 $ 0.00 $ 0.00 Success: All values provided#2-98Troy 12-sided Rubber Encased Dumbbell 80 LBs (Do not Substitute*)10 $ 0.00 $ 0.00 Success: All values provided#2-99Troy 12-sided Rubber Encased Dumbbell 85 LBs (Do not Substitute*)10 $ 0.00 $ 0.00 Success: All values provided#2-100Troy 12-sided Rubber Encased Dumbbell 90 LBs (Do not Substitute*)10 $ 0.00 $ 0.00
ResponsesSuccess: All data is valid!Text NumericStatus # ItemEstimated SpendList Name and Date of CatalogDiscount Total CostGroup 1 - Cardio/Fitness EquipmentSuccess: All values provided#1-1CYBEX, % Discount off all Cardio/Fitness Equipment295000 NA 0 0Success: All values provided#1-2HOIST, % Discount off all Cardio/Fitness Equipment108100 NA 0 0Success: All values provided#1-3LANDICE, % Discount off all Cardio/Fitness Equipment120000 NA 0 0Success: All values provided#1-4PRECOR, % Discount off all Cardio/Fitness Equipment120000 NA 0 0Success: All values provided#1-5TECHNOGYM, % Discount off all Cardio/Fitness Equipment20000 NA 0 0Success: All values provided#1-6TRUE FITNESS, % Discount off all Cardio/Fitness Equipment50000 NA 0 0Success: All values provided#1-7OCTANE, % Discount off all Cardio/Fitness Equipment166000 NA 0 0Success: All values provided#1-8SPORTS ART, % Discount off all Cardio/Fitness Equipment50000 NA 0 0
Success: All values provided#1-9LIFEFITNESS, % Discount off all Cardio/Fitness Equipment10000 NA 0 0Success: All values provided#1-10LIFESPAN, % Discount off all Cardio/Fitness Equipment10000 NA 0 0Success: All values provided#1-11NAUTILUS, % Discount off all Cardio/Fitness Equipment10000 NA 0 0Success: All values provided#1-12TROY, % Discount off all Cardio/Fitness Equipment10000 NA 0 0Success: All values provided#1-13ROGUE FITNESS, % Discount off all Cardio/Fitness Equipment6000 NA 0 0Success: All values provided#1-14ASSAULT, % Discount off all Cardio/Fitness Equipment15000 NA 0 0Success: All values provided#1-15CONCEPT 2, % Discount off all Cardio/Fitness Equipment30000 NA 0 0Success: All values provided#1-16MATRIX, % Discount off all Cardio/Fitness Equipment50000 NA 0 0Success: All values provided#1-17STAR TRAC, % Discount off all Cardio/Fitness Equipment50000 NA 0 0Success: All values provided#1-18FREEMOTION, % Discount off all Cardio/Fitness Equipment50000 NA 0 0
Success: All values provided#1-19SPIRIT, % Discount off all Cardio/Fitness Equipment50000 NA 0 0Success: All values provided#1-20INFLIGHT % Discount off all Cardio/Fitness Equipment25000 NA 0 0Success: All values provided#1-21TUFF TREAD, % Discount off all Cardio/Fitness Equipment100000 Quote 7509 0.1 10000Group 2 - Discount on PartsSuccess: All values provided#2-1CYBEX, % Discount on Parts51500 NA 0 0Success: All values provided#2-2HOIST, % Discount off all Fitness Parts5100 NA 0 0Success: All values provided#2-3LANDICE, % Discount on Parts4750 NA 0 0Success: All values provided#2-4PRECOR, % Discount on Parts13250 NA 0 0Success: All values provided#2-5TECHNOGYM, % Discount on Parts2500 NA 0 0Success: All values provided#2-6TRUE FITNESS, % Discount on Parts3650 NA 0 0Success: All values provided#2-7OCTANE, % Discount on Parts2250 NA 0 0Success: All values provided#2-8SPORTS ART, % Discount on Parts1250 NA 0 0Success: All values provided#2-9ICARIAN, % Discount on Parts400 NA 0 0
Success: All values provided#2-10BODY MASTERS, % Discount on Parts400 NA 0 0Success: All values provided#2-11OMEGA FITNESS, % Discount on Parts400 NA 0 0Success: All values provided#2-12LIFE CYCLE, % Discount on Parts400 NA 0 0Success: All values provided#2-13LIFESPAN, % Discount on Parts400 NA 0 0Success: All values provided#2-14SCHWINN ELITE, % Discount on Parts400 NA 0 0Success: All values provided#2-15LIFEFITNESS, % Discount on Parts400 NA 0 0Success: All values provided#2-16Nautilus, % Discount on Parts400 NA 0 0Success: All values provided#2-17CATEYE ERGOCISER, % Discount on Parts2500 NA 0 0Success: All values provided#2-18TRACK MASTER, % Discount on Parts750 NA 0 0Success: All values provided#2-19STAR TRAC, % Discount on Parts400 NA 0 0Success: All values provided#2-20TROY, % Discount off all Cardio/Fitness Equipment5000 NA 0 0Success: All values provided#2-21ROGUE FITNESS, % Discount on Parts1000 NA 0 0Success: All values provided#2-22ASSAULT FITNESS, % Discount on Parts1000 NA 0 0Success: All values provided#2-23CONCEPT 2, % Discount on Parts1000 NA 0 0
Success: All values provided#2-24MATRIX, % Discount on Parts400 NA 0 0Success: All values provided#2-25FREEMOTION, % Discount on Parts400 NA 0 0Success: All values provided#2-26SPIRIT, % Discount on Parts400 NA 0 0Success: All values provided#2-27INFLIGHT % Discount on Parts400 NA 0 0Success: All values provided#2-28TUFF TREAD, % Discount on Parts7500Retail Parts List 2021-0.15 -1125
Exhibit D- Conflict of Interest Questionnaire
CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ
For vendor doing business with local governmental entity
This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. OFFICEUSEONLY
This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who oate Received
has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the
vendor meets requirements under Section 176.006(a).
By law this questionnaire must be filed with the records administrator of the local governmental entity not later
than the 7th business day after the date the vendor becomes aware of facts that require the statement to be
filed. See Section 176.006(a-1), Local Government Code.
A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code. An
offense under this section is a misdemeanor.
1 Name of vendor who has a business relationship with local governmental entity.
White Phoenix LLC
2
❑ Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated
completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which
you became aware that the originally filed questionnaire was incomplete or inaccurate.)
3 Name of local government officer about whom the information is being disclosed.
NA
Name of Officer
4 Describe each employment or other business relationship with the local government officer, or a family member of the
officer, as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local government officer.
Complete subparts A and B for each employment or business relationship described. Attach additional pages to this Form
CIQ as necessary.
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 the vendor receiving or likely to receive taxable income, other than investment income, from or at the direction
of the local government officer or a family member of the officer AND the taxable income is not received from the
local governmental entity?
� Yes � No
5 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 interest of one percent or more.
6
❑Check this box if the vendor has given the local government officer or a family member of the officer one or more gifts
as described in Section 176.003(a)(2)(B), excluding gifts described in Section 176.003(a-1).
7
�G� � ���j Nov 8, 2023
Signature of vendor doing business with the governmental entity Date
Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 1/1/2021
CONFLICT OF INTEREST QUESTIONNAIRE
For vendor doing business with local governmental entity
A complete copy of Chapter 176 of the Local Government Code may be found at http://www.statutes.legis.state.tx.us/
Docs/LG/htm/LG.176.htm. For easy reference, below are some of the sections cited on this form.
Local Government Code § 176.001(1-a): "Business relationship" means a connection between two or more parties
based on commercial activity of one of the parties. The term does not include a connection based on:
(A) a transaction that is subject 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 purchase or lease of goods or services from a person that is chartered by a state or federal agency and
that is subject to regular examination by, and reporting to, that agency.
Local Government Code § 176.003(a)(2)(A) and (B):
(a) A local government officer shall file a conflicts disclosure statement with respect to a vendor if:
***
(2) the vendor:
(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 governmental entity and vendor has been executed;
or
(ii) the local governmental entity is considering entering into a contract with the
vendor;
(B) has given to the local government officer or a family member of the officer one or more gifts
that have an aggregate value of more than $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
(ii) the local governmental entity is considering entering into a contract with the vendor.
Local Government Code § 176.006(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 family member of the officer, described by Section 176.003(a)(2)(A);
(2) has given a local government officer of that local governmental 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); or
(3) has a family relationship with a local government officer of that local governmental entity.
(a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator
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) submits 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 vendor has given one or more gifts described by Subsection (a); or
(C) of a family relationship with a local government officer.
Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 1/1/2021