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Home My WebLink AboutContract 60675CITY OF FORT WORTH PURCHASE AGREEMENT BASED UPON AN INTERLOCALAGREEMENT BETWEEN THE CITY OF FORT WORTH AND THE CITY OF GARLAND 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 Garland have entered into an Interlocal Cooperative Purchasing Agreement on October 19, 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 Linear Traffic Markings, LLC (Vendor) responded to BID 0204-23 issued by the City of Garland 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 individually be referred to as a “Party” and collectively as the “Parties entered into this Purchase Agreement by and between Linear Traffic Markings, LLC (“Vendor”) and the City of Fort Worth, (“City”), The Parties agree that any references to the City of Garland in Exhibit B shall be construed as the City of Fort Worth for the purposes of this Agreement and all rights, benefits, duties, and obligations shall inure to the City as if the contract in Exhibit B were originally executed between the City and Vendor. This shall specifically include any requirements imposed on Vendor by virtue of a City of Garland 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 the City of Garland; 2. Exhibit B – Contract between the City of Garland and Vendor for traffic markings identified as Contract No. 0204-23; 3. Exhibit C – Vendor’s Quote, Pricing, Scope of Services or Purchase Order; 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 Page 1 of 56 ILA City of Garland Bid 0204-23 Page 1 of 56 thereto. In the event of a conflict between Exhibit B and this Agreement or Exhibit A, then this Agreement and Exhibit A shall control. City shall pay Vendor in accordance with the fee schedule in Exhibit C and in accordance with the provisions of this Agreement. Total payment made under this Agreement for the first year by City shall be in the amount of Two Million Five Hundred Thousand Dollars ($2,500,000.00). Total payment made under this Agreement by City for the First Renewal option will be in an amount up to Three Million One Hundred Twenty-Five Thousand Dollars ($3,125,000.00). Total payment made under this Agreement by City during the Second Renewal option will be an amount up to Three Million Nine Hundred Six Thousand Two Hundred Fifty Dollars ($3,906,250.00). 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 date signed by the Assistant City Secretary and ending on January 25, 2024. City shall be able to renew this agreement for two (2) 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 subject to Vendor’s reasonable rules and regulations while at Vendor’s 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’s regular business hours in a manner that will not unreasonably interfere with Vendor’s operations at its facilities. City’s auditors shall present proper credentials to the manager of Vendor’s facility at the time that they are admitted to such. This Agreement shall be construed in accordance with the laws of the State of Texas. If any action, whether real or asserted, at law or in equity, is brought pursuant to this Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort Worth Division. Notices required pursuant to the provisions of this Agreement shall be conclusively determined to have been delivered when (1) hand-delivered to the other party, its agents, employees, servants or representatives, (2) delivered by facsimile with electronic confirmation of the transmission, or (3) received by the other party by United States Mail, registered, return receipt requested, addressed as follows: Page 2 of 56 ILA City of Garland Bid 0204-23 Page 2 of 56 To CITY: City of Fort Worth Attn: William Johnson, Assistant City Manager 200 Texas Street Fort Worth, TX 76102-6314 Facsimile: (817) 392-8654 With copy to Fort Worth City Attorney’s Office at same address To VENDOR: Linear Traffic Markings, LLC Elena Romero, President 1937 Golden Heights Rd, Ste 208 Fort Worth, TX 76177 Facsimile: N/A [SIGNATURES FOLLOW] Page 3 of 56 ILA City of Garland Bid 0204-23 Page 3 of 56 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: William Johnson Title: Assistant City Manager Date: ___________________________ APPROVAL RECOMMENDED: By: ______________________________ Name: Lauren Prieur Title: TPW Director 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: Quenell Johnson Title: Engineering Manager APPROVED AS TO FORM AND LEGALITY: By: ______________________________ Name: Jessika Williams Title: Assistant City Attorney CONTRACT AUTHORIZATION: M&C: 23-1043 VENDOR: Linear Traffic Markings, LLC By: Name: Elena Romero Title: President Date: ____________________________ 12-20-2023 Page 4 of 56 ILA City of Garland Bid 0204-23 Page 4 of 56 Page 5 of 56 ILA City of Garland Bid 0204-23 Page 5 of 56 Page 6 of 56 ILA City of Garland Bid 0204-23 Page 6 of 56 Page 7 of 56 ILA City of Garland Bid 0204-23 Page 7 of 56 Page 8 of 56 ILA City of Garland Bid 0204-23 Page 8 of 56 Page 9 of 56 ILA City of Garland Bid 0204-23 Page 9 of 56 Page 10 of 56 ILA City of Garland Bid 0204-23 Page 10 of 56 Page 11 of 56 ILA City of Garland Bid 0204-23 Page 11 of 56 Page 12 of 56 ILA City of Garland Bid 0204-23 Page 12 of 56 Page 13 of 56 ILA City of Garland Bid 0204-23 Page 13 of 56 Page 14 of 56 ILA City of Garland Bid 0204-23 Page 14 of 56 Page 15 of 56 ILA City of Garland Bid 0204-23 Page 15 of 56 Page 16 of 56 ILA City of Garland Bid 0204-23 Page 16 of 56 Page 17 of 56 ILA City of Garland Bid 0204-23 Page 17 of 56 Page 18 of 56 ILA City of Garland Bid 0204-23 Page 18 of 56 Page 19 of 56 ILA City of Garland Bid 0204-23 Page 19 of 56 Page 20 of 56 ILA City of Garland Bid 0204-23 Page 20 of 56 Page 21 of 56 ILA City of Garland Bid 0204-23 Page 21 of 56 Page 22 of 56 ILA City of Garland Bid 0204-23 Page 22 of 56 Page 23 of 56 ILA City of Garland Bid 0204-23 Page 23 of 56 Page 24 of 56 ILA City of Garland Bid 0204-23 Page 24 of 56 Page 25 of 56 ILA City of Garland Bid 0204-23 Page 25 of 56 Page 26 of 56 ILA City of Garland Bid 0204-23 Page 26 of 56 Page 27 of 56 ILA City of Garland Bid 0204-23 Page 27 of 56 Page 28 of 56 ILA City of Garland Bid 0204-23 Page 28 of 56 Page 29 of 56 ILA City of Garland Bid 0204-23 Page 29 of 56 Page 30 of 56 ILA City of Garland Bid 0204-23 Page 30 of 56 Page 31 of 56 ILA City of Garland Bid 0204-23 Page 31 of 56 Page 32 of 56 ILA City of Garland Bid 0204-23 Page 32 of 56 Page 33 of 56 ILA City of Garland Bid 0204-23 Page 33 of 56 Page 34 of 56 ILA City of Garland Bid 0204-23 Page 34 of 56 Page 35 of 56 ILA City of Garland Bid 0204-23 Page 35 of 56 Page 36 of 56 ILA City of Garland Bid 0204-23 Page 36 of 56 Page 37 of 56 ILA City of Garland Bid 0204-23 Page 37 of 56 Page 38 of 56 ILA City of Garland Bid 0204-23 Page 38 of 56 Page 39 of 56 ILA City of Garland Bid 0204-23 Page 39 of 56 Page 40 of 56 ILA City of Garland Bid 0204-23 Page 40 of 56 Page 41 of 56 ILA City of Garland Bid 0204-23 Page 41 of 56 Page 42 of 56 ILA City of Garland Bid 0204-23 Page 42 of 56 Page 43 of 56 ILA City of Garland Bid 0204-23 Page 43 of 56 Page 44 of 56 ILA City of Garland Bid 0204-23 Page 44 of 56 Page 45 of 56 ILA City of Garland Bid 0204-23 Page 45 of 56 Page 46 of 56 ILA City of Garland Bid 0204-23 Page 46 of 56 Page 47 of 56 ILA City of Garland Bid 0204-23 Page 47 of 56 Page 48 of 56 ILA City of Garland Bid 0204-23 Page 48 of 56 Page 49 of 56 ILA City of Garland Bid 0204-23 Page 49 of 56 Page 50 of 56 ILA City of Garland Bid 0204-23 Page 50 of 56 Page 51 of 56 ILA City of Garland Bid 0204-23 Page 51 of 56 Page 52 of 56 ILA City of Garland Bid 0204-23 Page 52 of 56 Page 53 of 56 ILA City of Garland Bid 0204-23 Page 53 of 56 12-20-2023 N/A Linear Traffic Markings LLC Page 54 of 56 ILA City of Garland Bid 0204-23 Page 54 of 56 Page 55 of 56 ILA City of Garland Bid 0204-23 Page 55 of 56 Page 56 of 56 ILA City of Garland Bid 0204-23 Page 56 of 56