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HomeMy WebLinkAboutContract 60718CSC No. 60718 CONTRACT FOR EXCLUSIVE SERVICES This contract for exclusive service provision of electric, plumbing and compressed air services at the Fort Worth Convention Center and Will Rogers Memorial Center ("Contract") is made and entered into by and between the City of Fort Worth, a home -rule municipal corporation of the State of Texas, acting by and through its duly authorized Assistant City Manager, (the "City') and Edlen Electrical, acting by and through its duly authorized representative (the "Vendor"). WHEREAS, the City owns and operates the Fort Worth Convention Center ("FWCC") located at 1201 Houston Street, Fort Worth, Texas 76102 and the Will Rogers Memorial Center ("WRMC") located at 3401 W Lancaster Avenue, Fort Worth, Texas 76107; WHEREAS, the FWCC and WRMC provide or make available a multitude of services to meet the needs their respective exhibitors and clients; WHEREAS, electric, plumbing and compressed air services are an integral part of the success of the FWCC and WRMC; WHEREAS, Vendor is in the business of providing such services to similar facilities throughout the United States; and WHEREAS, the City desires to engage Vendor as its exclusive provider of electric, plumbing and compressed air services for clients and exhibitors at the FWCC; and WHEREAS, the City also desires to engage Edlen Electrical Exhibition Services of Texas, Inc.as its exclusive provider of electric, plumbing and compressed air services for clients and exhibitors at the WRMC. NOW THEREFORE, in consideration for the covenants and agreement hereafter set forth, the parties hereto agree as follows: SECTION 1. DEFINITIONS 1.1 In addition to any other defined terms in the Contract, the following words, terms and phrases, when used in this Contract, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: 1.1.1 b� means the City of Fort Worth, Texas. 1.1.2 Clients and Exhibitors means any person or entity that may from time -to - time enter into any agreement for the use of the FWCC or WRMC or any of the Services provided by Vendor at the FWCC or WRMC for a particular purpose. 1.1.3 Contract Year means each successive twelve-month period during the term of this Contract commencing on January 1 and expiring on December 31 of the same year. OFFICIAL RECORD Agreement between Vendor Electrical Exhibition Services of Texas, Inc. and City CITY SECRETARY I of 24 FT. WORTH, TX 1.1.4 Director means the Director for the Public Events Department of the City of Fort Worth, Texas or that person's authorized representative or designee. 1.1.5 Vendor means Edlen Electrical Exhibition Services of Texas, Inc.. 1.1.6 Events) means any performance, production, show, exhibit, or activity scheduled at the FWCC or WRMC. 1.1.7 FWCC means the City -owned facility known as the Fort Worth Convention Center located at 1201 Houston Street, Fort Worth, Texas 76102. 1.1.8 Gross Revenue means the total amount of money received or to be received by Vendor or by any agent, employee, officer, partner, contractor, or subcontractor of Vendor from any and all sales, whether for cash or credit, whether collected or uncollected, made as a result of the rights and privileges granted under this Contract; provided, however, that any (a) applicable sales taxes imposed by local, state, or federal law that are separately stated to and paid by a purchaser of any goods or services sold by Vendor or anyone acting by or on behalf of Vendor from an authorized service or activity under this Contract and directly payable to a taxing authority, (b) regulatory fees or surcharges, (c) deposits (until used for Services), (d) service adjustments and refunds, (e) billings for recovery of non -returned lost or damaged service equipment, (f) amounts billed to the FWCC or WRMC or their service contractors or permanent tenants, and (g) revenue paid directly to the FWCC or WRMC, will be excluded. Further, such Gross Revenue shall include all monies paid or to be paid by a purchaser of any goods or services provided by Vendor under this Contract, including, but not limited to, rental equipment and labor (net of any rent paid or payable by Vendor for such equipment). The sale of any goods, services, or other items that are returned by the purchaser and accepted by Vendor, exclusive of any sales tax, may also be deducted from the calculation of Gross Revenue. 1.1.9 WRMC means the City -owned facility known as the Will Rogers Memorial Center located at 3401 W Lancaster Avenue, Fort Worth, Texas 76107. SECTION 2. RIGHTS GRANTED 2.1 Services. 2.1.1 FWCC. The City grants to Edlen Electrical Exhibition Services of Texas, Inc. The right to be the exclusive provider of electric, plumbing and compressed air services for all of the Clients and Exhibitors of the FWCC. The specific services to be provided are set forth in Exhibit A, which is attached hereto and incorporated herein by reference ("FWCC Services"). 2.1.2 WRMC. Except as otherwise set forth in this Agreement, the City grants to Edlen Electrical Exhibition Services of Texas, Inc. the right to be the exclusive provider of electric, plumbing and compressed air services for all of the Clients and Exhibitors of the WRMC. The specific services to be provided are set forth in Exhibit A, which is attached hereto and incorporated herein by reference ("WRMC Services"). Agreement between Vendor and City 2 of 24 A. SPECIAL CONDITION: Notwithstanding anvthing to the contrarv, during the period of time the WRMC is leased to and used by and for the Southwest Exposition and Livestock Show ("Stock Show") and such other non -ticketed, private events that the Stock Show may from time -to -time host within the WRMC, all WRMC Service rights will be granted to the Stock Show. The Stock Show will have full authoritv to enter into contracts with other vendor for various goods and services during its lease of the WRMC. B. SPECIAL CONDITION- Construction at the both the FWCC and various buildings on campus at the WRMC will take place during this contractual period. Phase I of the Convention Center Expansion started in Summer of 2023 and is anticipated to continue until 2026 with construction of new state-of-the-art food & beverage facilities, demolition of the East annex, straightening of Commerce Street (to create a site pad for a future convention hotel) and the re -building of the FWCC loading docks. Phase II is anticipated to take place from 2026 to 2030. will replace the arena with additional exhibit halls, a ballroom, meeting rooms and refurbish the existing facilitv. The building will remain operational during both phases. Likewise, it is anticipated that in excess of $80M in capital improvement bonds will be issued in the fall of 2023 for various improvement at multiple facilities on WRMC campus over a three to four-vear period. In as far as the buildings at both locations remain operational, this agreement will remain in effect with the anticipation that some, but not significant loss of business, may take place during anv construction periods at both or either location. 2.1.3 The FWCC Services and WRMC Services are collectively referred to herein a "Services." 2.1.4 Notwithstanding anything to the contrary, the Director reserves the right to waive the exclusivity of this Contract for an event of overriding importance to the City. The importance of an event will be determined at the sole discretion of the Director. 2.2 Office Space. Vendor will have a non-exclusive right to use and occupy a portion of the FWCC and WRMC to serve solely as office space to a full-time manager of Vendor who will be responsible for overseeing and managing the Services to be provided ("Office Space") and for no other purpose or use. SECTION 3. TERM Agreement between Vendor and City 3 of 24 3.1 Primary Term. This Contract will be binding on the date of execution by the parties and effective beginning on January 1, 2024, and will remain in effect until December 31, 2029 ("Primary Term"), subject to early termination as provided herein. 3.2 Renewal Term. Following the Primary Term, the Agreement shall renew automatically under the same terms and conditions for up to five (5) one-year renewal periods unless City or Vendor provides the other party with notice of non -renewal at least 120 days before the expiration of the Primary Term or Renewal Period. SECTION 4. CONSIDERATION 4.1 Monthly Commissions. 4.1.1 Vendor must pay the City commissions based on a percentage of its monthly Gross Revenue from the rights and privileges granted under this Contract in accordance with the following payment structure: Monthly Gross Revenue Percent to Citv $1.00 to $200,000.00 35% In excess of $200,000.00 35% 4.1.2 Monthly Gross Revenue will be calculated based on a calendar month. Payments shall be made with respect to each calendar month that this Contract is in effect no later than the twentieth (201h) day of the following calendar month, including the last payment to be made at either termination or expiration of this Contract. 4.2 Capital Investments. 4.2.1 Vendor must spend or cause to be spent at least $1000.00 per Contract Year on capital investments to enhance the marketability of the utility services concession for the term of this agreement and said investments will become the property of the City of Fort Worth. 4.2.2 Vendor must provide labor of capital improvements over and above the stated minimum cost at cost plus $1.00. 4.2.3 These funds can be spent at either or both the FWCC and WRMC. The capital investments will be mutually agreed upon, in writing, annually by Vendor and the Director. 4.2.4 Any investments made to the FWCC or the WRMC will be subject to the terms of this Contract, including, but not limited to, Section 7. 4.3 Marketing. Agreement between Vendor and City 4 of 24 4.3.1 V Vendor must provide up to $1,000.00 annual towards the marketing of the City of Fort Worth and its convention facilities, in addition to promotion of the destination at industry events such as IAEE, PCMA, MPI and ASAS. Miscellaneous. 4.3.2 Past due payments shall accrue interest at the rate at the maximum amount allowed by law. For purposes hereof, a payment shall be past due if not paid within thirty (30) days after its due date. In the event City is required to initiate litigation to collect any sums due hereunder, Vendor agrees to pay the City's court costs and reasonable attorney fees. 4.3.3 All payments due to the City will be due and payable without demand by check at the office of the Director, or at such other place in Tarrant County, Texas as the Director may hereafter notify Vendor (in writing and with reasonable advanced notice), and will be made in legal tender of the United States. 4.3.4 Except as may otherwise be agreed to in this Contract, the City reserves the right, in its sole and absolute discretion, to allocate, appropriate, administer, and expend any funds received as part of this Contract in any manner it deems appropriate. 4.3.5 The parties understand and acknowledge that the obligations set forth in Subsections 4.1-4.3 are cumulative of one another and that any obligation to pay or perform under one subsection will be in addition to any other obligation to pay or perform in any other subsection. SECTION 5. OFFICE SPACE 5.1 The exact location of the Office Space within the FWCC and WRMC will be determined by the Director in that person's sole and absolute discretion and may be subject to change at any time by the Director. 5.2 At all times during the term of this Contract, the Office Space will remain under the control of the City, and Vendor will not be responsible for any maintenance of the Office Space. Vendor will not have access to the City's computing environment and network. 5.3 City will not be responsible for providing any supplies or equipment to Vendor's employees or for the Office Space. 5.4 Vendor takes all portions of the Office Space and all appurtenances in "AS IS" condition without any express or implied warranty on the part of the City. Vendor accepts the Office Space in its present condition, finds it suitable for the purposes intended, and further acknowledges that it is thoroughly familiar with such condition by reason of a personal inspection and does not rely on any representations by the City as to the condition of the Office Space or their suitability for the purposes intended. Vendor's taking possession of the Office Space will be conclusive evidence that: (i) the Office Space is suitable for the purposes and uses for which the Agreement between Vendor and City 5 of 24 same is licensed; and (ii) Vendor waives any and all defects in and to the Office Space and all appurtenances thereto. The City will not be liable to Vendor or its invitees, licensees, contractors, employees, subcontractors, or guests for any damage to any person or property due to the acts or omissions of Vendor, or its employees, subcontractors, invitees, licensees, and guests. 5.5 The City will be responsible for all expenses associated with water, sewer, electricity, gas and waste disposal utilities involving existing service lines. Vendor will be responsible for all other communications utility expenses, including local and long-distance telephone charges, computer charges, and cable television charges. Any additional electrical or utility service or service lines required by Vendor will be at the sole expense of Vendor. 5.6 Vendor will not do, or permit to be done, anything in or on any portion of the FWCC or WRMC or bring or keep anything therein or thereon that will in any way conflict with the conditions of any insurance policy on the FWCC or WRMC or any part thereof. Vendor will not cause in any way an increase in the rate of fire insurance on the buildings or property. Vendor agrees that no decorative or other materials will be nailed, tacked, screwed, or otherwise physically attached to any part of the property of the City without written approval from the Director, in that person's sole discretion. 5.7 Vendor agrees that it will not make or suffer any waste in, on, or to the Office Space. Vendor will not make any alterations to the Office Space without first obtaining written approval from the Director. Vendor further agrees to maintain and pick up litter attributable to Vendor and perform minor housekeeping as necessary to keep the Office Space in a clean, orderly, and sanitary condition at all times. City will perform any major cleaning, e.g., strip, buff and wax floors, at standards and frequencies that may be established by City. Vendor will remove garbage and deposit in dumpster in accordance with procedures established by the Director. 5.8 The City reserves to itself, its officers, agents, assigns, and employees the right to enter the Office Space at any time for the purpose of ascertaining compliance with the terms and provisions of this Contract; making inspection of the Office Space; and maintaining and making repairs and improvements to City -owned property. In addition, the City does not relinquish the right to control the management of the Office Space or the right to enforce all necessary and proper rules for the management and operation of the same. Members of the City's police, fire, parks, code compliance, and other designated departments will have the right at any time to enter any portion of the Office Space (without causing or constituting a termination of the Contract) for the purpose of inspecting the facilities, maintaining City -owned property, and performing any and all activities necessary for the proper conduct and operation of public property, provided that no unreasonable interference with Vendor's use of the Office Space is caused by such access. The City will at all times have keys with which to unlock all doors and gates associated with the Office Space, and Vendor will not change or alter any lock without the City's permission and will provide new keys to the City within forty-eight (48) hours of making any approved change. SECTION 6. INSURANCE REOUIREMENTS Agreement between Vendor and City 6 of 24 6.1 General Requirements. Vendor must furnish to City in a timely manner, but not later than the start of the Primary Term of this Contract, certificates of insurance as proof that it and its contractors and subcontractors, as applicable, have secured and paid for the policies of insurance specified herein. If City has not received such certificates by such date, Vendor will be in default of the Contract and City may, at its option, terminate the Contract. Vendor must maintain, or require its general contractors and subcontractors to maintain (where applicable) the following coverages and limits thereof: 6.1.1 Commercial General Liabilitv (CGL) Insurance $500,000 each occurrence ii. $1,000,000 aggregate limit 6.1.2 Business Automobile Liabilitv Insurance $1,000,000 each accident on a combined single -limit basis, or ii. $1,000,000 Aggregate iii. Insurance policy must be endorsed to cover "Any Auto", defined as autos owned, hired, and non -owned. iv. Pending availability of the above coverage and at the discretion of City, the policy must be the primary responding insurance policy versus a personal auto insurance policy if or when in the course of Vendor's business as contracted herein. 6.1.3 Workers' Compensation Insurance Part A: Statutory Limits ii. Part B: Employer's Liability A. $100,000 each accident B. $100,000 disease -each employee C. $500,000 disease -policy limit 6.2 Additional Requirements. 6.2.1 Such insurance amounts will be revised upward at City's reasonable option and no more frequently than once every 12 months, and Vendor must revise such amounts within thirty (30) calendar days following notice to Vendor of such requirements. 6.2.2 Where applicable, insurance policies required herein must be endorsed to include City as an additional insured as its interest may appear. Additional insured Agreement between Vendor and City 7 of 24 parties must include employees, representatives, officers, agents, and volunteers of City. 6.2.3 The Workers' Compensation Insurance policy must be endorsed to include a waiver of subrogation, also referred to as a waiver of rights of recovery, in favor of City. Such insurance must cover employees performing work on any and all projects. Vendor or its contractors must maintain coverages, if applicable. In the event the respective contractors do not maintain coverage, Vendor must maintain the coverage on such contractor, if applicable, for each applicable contract. 6.2.4 Any failure on part of City to request certificate(s) of insurance will not be construed as a waiver of such requirement or as a waiver of the insurance requirements themselves. 6.2.5 Insurers of Vendor's insurance policies must be licensed to do business in the state of Texas by the Department of Insurance or be otherwise eligible and authorized to do business in the state of Texas. Insurers must be acceptable to City insofar as their financial strength and solvency and each such company must have a current minimum A.M. Best Key Rating Guide rating of A-: VII or other equivalent insurance industry standard rating otherwise approved by City. 6.2.6 Deductible limits on insurance policies must not exceed $10,000 per occurrence unless otherwise approved by City. 6.2.7 In the event there are any local, federal or other regulatory insurance or bonding requirements for Vendor's operations, and such requirements exceed those specified herein, the former will prevail. 6.2.8 Vendor must require its contractors and subcontractors to maintain applicable insurance coverages, limits, and other requirements as those specified herein; and, Vendor must require its contractors and subcontractors to provide Vendor and City with certificate(s) of insurance documenting such coverage. Also, Vendor must require its subcontractors to have City and Vendor endorsed as additional insureds (as their interest may appear) on their respective insurance policies. SECTION 7. ALTERATIONS, ADDITIONS, OR IMPROVEMENTS 7.1 Vendor may provide for and manage alterations, additions or improvements to City property at the FWCC and WRMC with the prior written approval of the Director. City and Vendor agree that Vendor will perform all alterations, additions, and improvements (i) in accordance with a set of plans and specifications pre -approved by the Director; (ii) in accordance with all applicable laws, ordinances, rules, regulations, and specifications of all federal, state, county, city, and other governmental agencies now or hereafter in effect; (iii) in a good and workman like manner; and (iv) in accordance with industry standards of care, skill, and diligence. Agreement between Vendor and City 8 of 24 7.2 Approval by the City of any plans and specifications relating to any alterations, additions, or improvements will not constitute or be deemed (i) to be a release by the City of the responsibility or liability of Vendor and its subcontractors, for the accuracy or the competency of the plans and specifications, including, but not limited to, any related investigations, surveys, designs, working drawings and other specifications or documents, or (ii) an assumption of any responsibility or liability by the City for any act, error or omission in the conduct or preparation of any investigation, surveys, designs, working drawings and other specifications or documents by Vendor or its subcontractors. City will own the plans and specifications. 7.3 Vendor may authorize a third party contractor to undertake all or any portion of any alteration, addition, or improvement (a "Third Partv Contractor") provided that Vendor first enters into a contract with such Third Party Contractor for the work to be undertaken by the Third Party Contractor and such contract contains all of the following: (i) a provision in a form acceptable to the City pursuant to which the contractor and any subcontractors involved with the work agree to release, indemnify, defend and hold harmless the City from any and all damages arising as a result of or in relation to the work and for any negligent or grossly negligent acts or omissions or intentional misconduct of the Third Party Contractor, any subcontractors, and Vendor, and their officers, agents, servants and employees; (ii) a requirement that the Third Party Contractor provide Vendor with a bond or bonds, which Vendor must forward to the City, that guarantees the faithful performance and completion of all construction work covered by the contract and full payment for all wages for labor and services and of all bills for materials, supplies and equipment used in the performance of the contract in accordance with Section 2253.021 of the Texas Government Code; (iii) a requirement that the Third Party Contractor provide insurance in accordance with minimum requirements that may be required by the City, as approved in writing by the City's Risk Manager; (iv) a requirement that the Third Party Contractor and any of its subcontractors comply with all applicable federal, state and local laws, ordinances, rules and regulations, including, but not limited to, all provisions of the City's Charter and ordinances, as amended; and (v) the provisions referred to in Section 10.2 hereto with respect to the audit of the Third Party Contractor's records. All of the requirements contained in this Section will hereinafter be referred to as the "Third Partv Contract Provisions." 7.4 IF VENDOR ENTERS INTO ANY THIRD PARTY CONTRACT FOR CONSTRUCTION OF ANY PUBLIC IMPROVEMENTS THAT DO NOT CONTAIN ALL OF THE ABOVE THIRD PARTY CONTRACT PROVISIONS, AND TO THE EXTENT THAT ANY CLAIMS, DEMANDS, LAWSUITS OR OTHER ACTIONS FOR DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, PROPERTY LOSS, PROPERTY DAMAGE OR PERSONAL INJURY OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, ARISE UNDER, ON ACCOUNT OF OR IN RELATION TO THE THIRD PARTY CONTRACT FOR WHICH THE CONTRACTOR THEREUNDER WOULD HAVE BEEN REQUIRED TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE CITY IF THE THIRD PARTY CONTRACT PROVISIONS HAD BEEN INCLUDED IN THE THIRD PARTY CONTRACT ("THIRD PARTY CONTRACT DAMAGES"), THEN VENDOR, AT VENDOR'S OWN EXPENSE, WILL INDEMNIFY, DEFEND (WITH COUNSEL REASONABLY ACCEPTABLE TO THE INDEMNIFIED PARTIES HEREIN) AND HOLD HARMLESS THE CITY FROM AND AGAINST ANY SUCH THIRD PARTY CONTRACT DAMAGES. THIS IS Agreement between Vendor and City 9 of 24 IN ADDITION TO ANY OTHER INDEMNIFICATION PROVISION PROVIDED IN THIS CONTRACT. 7.5 All alterations, additions, and improvements to City property made with the written consent of the Director will, upon completion and acceptance by the City, become the property of the City. Vendor may be required to remove, at its expense, any alterations, additions or improvements not meeting specifications as approved by the City. 7.6 Unless otherwise specifically authorized by this Contract, Vendor will do no act or make any contract that may create or be the foundation for any lien upon or interest any City property. Any such contract or lien attempted to be created or filed will be void. Should any purported lien on City property be created or filed, Vendor, at its sole expense, will liquidate and discharge the same within ten (10) calendar days after notice from the City to do so; and should Vendor fail to discharge the same, such failure will constitute a breach of contract. SECTION 8. LIABILITY AND INDEMNIFICATION 8.1 CITY WILL NOT BE LIABLE FOR ANY LOSS, DAMAGE, OR INJURY OF ANY KIND OR CHARACTER TO ANY PERSON OR PROPERTY ARISING FROM ANY RIGHTS OR PRIVILEGES GRANTED TO VENDOR PURSUANT TO THIS CONTRACT, OR CAUSED BY ANY DEFECT CAUSED BY VENDOR, OR ITS OFFICERS, AGENTS, REPRESENTATIVES, EMPLOYEES, PARTNERS, AND SERVANTS IN ANY BUILDING, STRUCTURE, IMPROVEMENT, EQUIPMENT, OR ANY FACILITIES THAT ARE THE SUBJECT OF THIS CONTRACT OR CAUSED BY OR ARISING FROM ANY ACT OR OMISSION OF VENDOR OR OF ANY OF ITS EMPLOYEES, SUBCONTRACTORS, LICENSEES, AND INVITEES, OR BY OR FROM ANY ACCIDENT, FIRE, OR OTHER CASUALTY. 8.2 VENDOR AGREES TO AND DOES HEREBY DEFEND, INDEMNIFY, AND HOLD HARMLESS THE CITY FROM AND AGAINST ANY AND ALL CLAIMS, LAWSUITS, ACTIONS, COSTS AND EXPENSES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, THOSE FOR PROPERTY DAMAGE OR LOSS AND PERSONAL INJURY, INCLUDING, BUT NOT LIMITED TO, DEATH, THAT MAY RELATE TO, ARISE OUT OF OR BE OCCASIONED BY (i) VENDOR'S BREACH OF ANY OF THE TERMS OR PROVISIONS OF THIS CONTRACT OR (ii) ANY ACT OR OMISSION OF VENDOR OR ITS OFFICERS, AGENTS, REPRESENTATIVES, SERVANTS, PARTNERS, AND EMPLOYEES, RELATED TO THIS CONTRACT OR THE PERFORMANCE OR NONPERFORMANCE OF THIS CONTRACT EXCEPT TO THE EXTENT CAUSED BY THE NEGLIGENCE OR WILLFUL MISCONDUCT OF THE CITY. 8.3 IF ANY ACTION OR PROCEEDING IS BROUGHT BY OR AGAINST THE CITY IN CONNECTION WITH ANY SUCH LIABILITY OR CLAIM, VENDOR, ON NOTICE FROM CITY, MUST DEFEND SUCH ACTION OR PROCEEDING, AT VENDOR'S EXPENSE, BY OR THROUGH ATTORNEYS REASONABLY SATISFACTORY TO CITY. Agreement between Vendor and City 10 of 24 8.4 Vendor must require all of its contractors and subcontractors to include in their contracts an indemnity in favor of City in substantially the same form as above. SECTION 9. RECORDS, ACCOUNTING, REPORTS AND OTHER REOUESTS 9.1 Vendor must maintain complete and accurate records for all of the Services provided pursuant to this Contract, including, but not limited to, all financial records, receipts, invoices, and order forms, and any alterations, additions, or improvements made to the FWCC and WRMC pursuant to the terms herein ("Audit Records"). On request of the City, Vendor must make all such Audit Records available for inspection and review to the City. Notwithstanding anything to the contrary contained herein, the parties acknowledge that the records subject to this audit requirement are only those Audit Records necessary to determine compliance with this Contract. 9.2 In addition to any audit rights granted herein, Vendor must furnish to the City a yearly affidavit detailing any and all Gross Revenue derived from Vendor's Services provided herein, with such affidavit to be furnished within ninety (90) calendar days after the end of each Contract Year. The affidavit must be certified by an officer of Vendor to be true and correct in all material respects to the best of that person's knowledge. 9.3 Vendor must provide the City with any reports or documentation required by the City as part of this Contract or that may be required pursuant to federal or state laws as such laws may be amended from time -to -time during the term of this Contract. SECTION 10. AUDIT 10.1 Vendor agrees that the City will, until the expiration of three (3) years after the termination or expiration of this Contract, have access to and the right to examine any directly pertinent books, documents, papers, and records of Vendor involving transactions relating to this Contract. Vendor agrees that the City will have access during normal working hours to all necessary Vendor facilities and will be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section. City will give Vendor reasonable advance notice of intended audits. 10.2 Vendor further agrees to include in any contractor and subcontractor agreements hereunder a provision to the effect that the contractor and subcontractors agree that the City will, until the expiration of three (3) years after the expiration or termination of the contract or subcontract, have access to and the right to examine any directly pertinent books, documents, papers, and records of such contractor or subcontractor involving transactions of the contract or subcontract, and further that City will have access during normal working hours to all contractor and subcontractor facilities and will be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this paragraph. City will give the contractor and subcontractor reasonable advance notice of intended audits. Agreement between Vendor and City 11 of 24 SECTION II. TERMINATION 11.1 Termination for Convenience. City may terminate this Contract for its own convenience by providing Vendor with at least ninety (90) days' written notice prior to the intended termination date. 11.2 Termination for Cause. Unless stated elsewhere in this Contract, either party will be in default under this Contract if it breaches any material term or condition of this Contract and such breach remains uncured after ninety (90) calendar days following receipt of written notice from the non -defaulting party referencing this Contract (or, if the defaulting party has diligently and continuously attempted to cure following receipt of such written notice but reasonably requires more than ninety (90) calendar days to cure, then such additional amount of time as is reasonably necessary to effect cure, as determined by both parties mutually and in good faith). 11.3 Gratuities. City may terminate this Contract if it is found that gratuities in the form of entertainment, gifts, or otherwise were offered or given by Vendor or any agent or representative to any City official or employee with a view toward securing favorable treatment with respect to the awarding, amending, or making of any determinations with respect to the performance of this Contract. In the event this Contract is canceled by the City pursuant to this section, City will be entitled, in addition to any other rights and remedies, to recover from Vendor a sum equal in amount to the cost incurred by Vendor in providing such gratuities. 11.4 Fiscal Funding Out. Notwithstanding anything to the contrary, if, for any reason, at any time during the term of the Contract, the Fort Worth City Council fails to appropriate funds sufficient for the City to fulfill its monetary obligations under this Contract, the City may terminate the portion of the Contract regarding such obligations to be effective on the later of (i) ninety (90) calendar days following delivery by the City to Vendor of written notice of the City's intention to terminate or (ii) the last date for which funding has been appropriated by the Fort Worth City Council for the purposes set forth in this Contract. 11.5 Vendor's Duties Upon Expiration or Termination. 11.5.1 Prior to the effective date for expiration or termination of this Contract, Vendor must promptly remove all of its personal property; provided, however, Vendor will not be obligated to remove any fixtures. Vendor must also repair any Vendor -caused damage to the FWCC and WRMC, including, but not limited to, any damage that Vendor causes during removal of Vendor's property, to the reasonable satisfaction of the Director. 11.5.2 Phase Out and Transition. a. Vendor recognizes that the Services provided pursuant to this Contract are vital to the City's efforts to provide convenient electrical distribution, plumbing, and compressed air services, as applicable, to the Clients and Exhibitors of the FWCC and WRMC; that continuity thereof must be maintained at a consistently high level without interruption; that upon expiration or earlier termination of this Contract a successor may Agreement between Vendor and City 12 of 24 continue these Services; that any successor contractor will need phase -in training; and that Vendor must reasonably cooperate in order to effect an orderly and efficient transition. Vendor will reasonably cooperate with a smooth and seamless transition and have a cooperative approach. There will be no negative correspondence in Vendor's communications to any Clients and Exhibitors of the FWCC or WRMC. b. If the City procures a successor contractor prior to the effective date of expiration or termination of this Contract, then Vendor must provide phase -out orientation to its successor contractor prior to Contract termination or expiration at no charge to the City. Phase -out orientation must comprise a minimum of 30 working days, 8 hours per day, unless otherwise agreed by the parties in writing. Orientation may include system operations, procedures, record keeping, reports, and procurement procedures. Vendor will be completely responsible for providing the Services called for by the Contract during its phase -out period. 11.5.3 If Vendor fails to comply with its obligations in this Section 11.5, City may, at its sole discretion, (i) remove Vendor's personal property and otherwise repair the FWCC and WRMC and invoice Vendor for City's costs and expenses incurred, such invoice to be due and payable to City within thirty (30) calendar days of its delivery to Vendor; or (ii) following no less than thirty (30) calendar days prior written notice to Vendor, take and hold any Vendor personal property as City's sole property; or (iii) pursue any remedy at law or in equity available to City. If Vendor fails to surrender the FWCC or WRMC (including, but not limited to, the Office Space) to City following termination or expiration, all liabilities and obligations of Vendor hereunder will continue in effect until such is surrendered. 11.6 Duties and Obligations to Survive Termination or Expiration. No termination or expiration will release Vendor from any liability or obligation resulting from any event happening prior to the completion of all post -termination duties. 11.7 Other Remedies. Any termination of this Contract as provided in this Contract will not relieve Vendor from paying any sum or sums due and payable to City under this Contract that remains unpaid and due at the time of termination, or any claim for damages then or previously accruing against Vendor under this Contract. Any such termination will not prevent City from enforcing the payment of any such sum or sums or claim for damages by any remedy provided for by law, or from recovering damages from Vendor for any default under the Contract. All City's rights, options, and remedies under this Contract will be construed to be cumulative, and not one of them is exclusive of the other. City may pursue any or all such remedies or any other remedy or relief provided by law, whether or not stated in this Contract. No such termination will relieve City from any obligation it may have to Vendor hereunder and Vendor may pursue any and all rights and remedies or relief provided by law, whether or not stated in this Contract. 11.8 Lost or Anticipated Profits. Vendor will not be entitled to lost or anticipated profits in the event this Contract is terminated by City as provided for herein or in the event that the City, in its sole discretion, decides not to exercise any option period. Agreement between Vendor and City 13 of 24 11.9 Collateral to Cure Defaults. Within fifteen (15) calendar days after the execution of this Contract, Vendor must post a performance bond in the amount of $25,000.00, in a form reasonably satisfactory to the City, to secure Vendor's performance hereunder. The performance bond must list the City as a dual obligee, and the City will be entitled to claim against the bond for any amount owed to the City pursuant to this Contract. SECTION 12. NONDISCRIMINATION 12.1 Vendor will not engage in any unlawful discrimination based on race, creed, color, national origin, sex, age, religion, disability, marital status, citizenship status, sexual orientation or any other prohibited criteria in any employment decisions relating to this Contract, and Vendor represents and warrants that to the extent required by applicable laws, it is an equal opportunity employer and must comply with all applicable laws and regulations in any employment decisions. 12.2 In the event of Vendor noncompliance with the nondiscrimination clauses of this Contract, which is not cured within ninety (90) calendar days of notice of such noncompliance, this Contract may be canceled, terminated, or suspended in whole or in part, and Vendor may be debarred from further agreements with City. SECTION 13. VENUE AND CHOICE OF LAW 13.1 Vendor and City agree that this Contract will be construed in accordance with the laws of the State of Texas. If any action, whether real or asserted, at law or in equity, arises on the basis of any provision of this Contract, venue for such action will lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas — Fort Worth Division. SECTION 14. THIRD -PARTY RIGHTS AND ASSIGNMENTS 14.1 The provisions and conditions of this Contract are solely for the benefit of the City and Vendor, and any lawful assign or successor of Vendor, and are not intended to create any rights, contractual or otherwise, to any other person or entity. 14.2 Vendor agrees that it will not subcontract or assign all or any part of its rights, privileges, or duties hereunder without the prior written consent of the City, which consent will not be unreasonably withheld, and any attempted subcontract or assignment of same without such prior consent of the City will be void. SECTION 15. BINDING COVENANTS 15.1 Subject to the limitations contained herein, the covenants, conditions, and agreements made and entered into by the parties hereunder are declared to be for the benefit of and binding on their respective successors, representatives and permitted assigns, if any. Agreement between Vendor and City 14 of 24 SECTION 16. NOTICES 16.1 All notices, communications, and reports required or permitted under this Contract will be personally delivered or sent via certified mail to the respective parties by depositing same in the United States mail, certified, at the addresses shown below, unless and until either party is otherwise notified in writing by the other party, at the following addresses. Mailed notices will be deemed received as of the date of receipt. CITY: City of Fort Worth Public Events Department Fort Worth Convention Center Attn: Director 1201 Houston Street Fort Worth, Texas 76102 with copy to: City of Fort Worth City Attorney's Office Attn: City Attorney 200 Texas Street Fort Worth, Texas 76102 Vendor: Edlen Electrical Exhibition Services of Texas Inc. Fort Worth Convention Center 1201 Houston Street, Fort Worth Texas 76102 SECTION 17. INDEPENDENT CONTRACTOR 17.1 It is expressly understood and agreed that Vendor and its employees, representative, agents, servants, officers, contractors, subcontractors, and volunteers will operate as independent contractors as to all rights and privileges and work performed under this Contract, and not as agents, representatives or employees of the City. Subject to and in accordance with the conditions and provisions of this Contract, Vendor will have the exclusive right to control the details of its operations and activities and be solely responsible for the acts and omissions of its employees, representative, agents, servants, officers, contractors, subcontractors, and volunteers. Vendor acknowledges that the doctrine of respondeat superior will not apply as between the City and its officers, representatives, agents, servants, and employees, and Vendor and its employees, representative, agents, servants, officers, contractors, subcontractors, and volunteers. Vendor further agrees that nothing herein will be construed as the creation of a partnership or joint enterprise between City and Vendor. It is further understood that the City will in no way be considered a Co - employer or a Joint employer of Vendor or any employees, representative, agents, servants, officers, contractors, subcontractors, and volunteers of Vendor. Neither Vendor, nor any officers, agents, servants, employees or subcontractors of Vendor will be entitled to any employment benefits from the City. Vendor will be responsible and liable for any and all payment and reporting of taxes on behalf of itself, and any of employees, representative, agents, servants, officers, contractors, subcontractors, and volunteers. Agreement between Vendor and City 15 of 24 17.2 The City, through its authorized representatives and employees, will have the sole and exclusive right to exercise jurisdiction and control over City employees. Vendor represents that all of its employees and subcontractors who perform Services under this Contract will be qualified and competent to perform the Services set forth herein. The Director reserves the right to refuse to permit any employee of Vendor from providing the Services set forth herein for any reason, provided that if the conduct of the employee is correctable, such employee will have first been notified of his or her objectionable conduct and will have had the opportunity to correct it. SECTION 18. AMENDMENTS, CAPTIONS, AND INTERPRETATION 18.1 Except as otherwise provided in this Contract, the terms and provisions of this Contract may not be modified or amended except upon the written consent of both the City and Vendor. 18.2 Captions and headings used in this Contract are for reference purposes only and will not be deemed a part of this Contract. 18.3 In the event of any dispute over the meaning or application of any provision of this Contract, this Contract will be interpreted fairly and reasonably, and neither more strongly for or against any party, regardless of the actual drafter of this Contract. SECTION 19. GOVERNMENTAL POWERS AND IMMUNITIES 19.1 It is understood that by execution of this Contract, the City does not waive or surrender any of its governmental powers or immunities. SECTION 20. AUTHORIZATION AND COUNTERPARTS AND ELECTRONIC SIGNATURES 20.1 By executing this Contract, Vendor's agent affirms that he or she is authorized by Vendor or its general partner to execute this Contract and that all representations made herein with regard to Vendor's identity, address, and legal status are true and correct. 20.2 This Contract may be executed in several counterparts, each of which will be deemed an original, but all of which together will constitute one and the same instrument. A signature received via facsimile or electronically via email will be as legally binding for all purposes as an original signature. SECTION 21. SEVERABILITY AND NO WAIVER 21.1 It is agreed that in the event any covenant, condition, or provision herein contained is held to be invalid by any court of competent jurisdiction, the invalidity of such covenant, condition or provision will in no way affect any other covenant, condition, or provision does not materially prejudice either Vendor or City in connection with the right and obligations contained in the valid covenants, conditions or provisions of this Contract. Agreement between Vendor and City 16 of 24 21.2 The failure of either party to insist upon the performance of any term or provision of this Contract or to exercise any right granted hereunder will not constitute a waiver of that party's right to insist upon appropriate performance or to assert any such right on any future occasion. SECTION 22. FORCE MAJEURE 22.1 Timely performance by both parties is essential to this Contract. However, neither party is liable for delays or other failures to perform its obligations under this Contract to the extent the delay or failure is caused by Force Majeure. Force Majeure means fires, floods, and other acts of God, explosions, war, terrorist acts, riots, court orders, and, the acts of superior governmental or military authority or other similar incidents outside the control of the parties that renders the performance of this Contract impossible. This relief is not applicable unless the affected party does the following: uses due diligence to remove the effects of the Force Majeure as quickly as practicable; and provides the other party with prompt written notice of the cause and its anticipated effect. The City may perform functions itself or contract them out during periods of Force Majeure. Such performance is not a default or breach of this Contract by the City. If the Force Majeure continues more than sixty (60) calendar days, the Director may terminate this Contract by giving seven (7) calendars days written notice to Vendor without any penalty to the City. Notwithstanding anything to the contrary, Contractor will not be relieved from performing its obligations under this Contract due to a strike or work slowdown of its employees. Contractor must employ only fully trained and qualified personnel during a strike. This Contract is subject to all applicable federal, state and local laws, ordinances, rules and regulations, including, but not limited to, all provisions of the City's Charter and ordinances, as amended. 22.2 If City notifies Vendor or any of its officers, agents, employees, contractors, subcontractors, licensees, volunteers, or invitees of any violation of such laws, ordinances, rules or regulations, Vendor must immediately desist from and correct the violation. SECTION 23. BOYCOTT ISRAEL 23.1 Contractor acknowledges that in accordance with Chapter 2270 of the Texas Government Code, the City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this contract, Contractor certifies that Contractor's signature provides written verification to the City that Contractor: (1) does not boycott Israel, and (2) will not boycott Israel during the term of the contract. SECTION 24. SOLE AGREEMENT 24.1 This Contract, including any exhibits attached hereto and any documents incorporated herein, contains the entire understanding and agreement between the City and Vendor, Agreement between Vendor and City 17 of 24 and any lawful assign and successor of Vendor, as to the matters contained herein. Any prior or contemporaneous oral or written agreement is hereby declared null and void to the extent in conflict with any provision of this Contract. SECTION 25. BOYCOTT OF ENERGY COMPANIES 25.1 Vendor acknowledges that, in accordance with Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2, the City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more that is to be paid wholly or partly from public funds of the City with a company with 10 or more full-time employees unless the contract contains a written verification from the company that it: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of the contract. The terms "boycott energy company" and "company" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2. To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Vendor certifies that Vendor's signature provides written verification to the City that Vendor: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of this Agreement. SECTION 26. DISCRIMINATION AGAINST FIREARM AND AMMUNITION INDUSTRIES 26.1 Vendor acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1, the City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more that is to be paid wholly or partly from public funds of the City with a company with 10 or more full-time employees unless the contract contains a written verification from the company that it: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate during the term of the contract against a firearm entity or firearm trade association. The terms "discriminate," "firearm entity" and "firearm trade association" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1. To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Vendor certifies that Vendor's signature provides written verification to the City that Vendor: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate against a firearm entity or firearm trade association during the term of this Agreement. SECTION 27. ELECTRONIC SIGNATURES 27.1 This Agreement may be executed by electronic signature, which will be considered as an original signature for all purposes and have the same force and effect as an Agreement between Vendor and City 18 of 24 original signature. For these purposes, "electronic signature" means electronically scanned and transmitted versions (e.g. via pdf file or facsimile transmission) of an original signature, or signatures electronically inserted via software such as Adobe Sign. IN WITNESS WHEREOF, the City of Fort Worth and the Vendor have caused this Agreement to be executed and delivered by their duly authorized representatives in Fort Worth, Tarrant County, Texas on 9th day of January, 2024 CITY OF FORT WORTH By william Johnson (Jin 9, 202410:26 CST) William Johnson, Assistant City Manager RECOMMENDED FOR APPROVAL: By: Michael Crum, Director of Public Events APPROVED AS TO FORM AND LEGALITY: Taylor C. Paris Assistant City Attorney o 9a4Ily e �o� pOR>��9Ad ATTEST: adR°i dnEoog4ba Jannette S. Goodall City Secretary M&C: N/A Date:N/A 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: 4 Andrea Wright, Assistant Director of Public Events Agreement between Vendor and City VENDOR By: ryewin�gj4r(Jan 6,�'11 T) James E. Wetterling, Jr., President OFFICIAL RECORD CITY SECRETARY 19 of24 FT. WORTH, TX EXHIBIT A I. Description of Services A. Vendor will, at its sole cost and expense, provide the Services set forth in the Contract consistent with the highest standards and practices common to this industry. The specific Services to be provided and corresponding rates to be charged are set forth below and may be adjusted by written agreement of the City and Vendor. 1. Vendor will serve as the City's exclusive provider of electric, plumbing, and compressed air services at the FWCC and WRMC for various public events, meetings, and trade shows utilizing the FWCC. Subject to the terms of this Agrement, this contract grants Vendor the exclusive right to all electric, plumbing, and compressed air points for various public events, meeting, and trade shows utilizing the FWCC, WRMC, and WRMC RV lots. The Department Director may waive the exclusivity of the Agreement for an event of overriding importance to the City in the Director's sole discretion. The following general conditions apply to Vendor's service obligations: • Vendor shall employ and compensate his / her own employees. The Vendor's employees shall be neat and clean in appearance and courteous towards the patrons, public and fellow employees. • Vendor must, at his / her own expense, obtain and keep in force during the period of the Agreement all permits and licenses required by all laws and regulations of the State of Texas, County of Tarrant and the City of Fort Worth. • Vendor shall collect and promptly disperse all taxes required by Federal, State and local authorities and shall pay any applicable taxes relating to operations at the facility. • Vendor shall maintain all records, invoices, etc. regarding operations at the facility. The Department Director may prescribe the form of records to be kept by Vendor in accordance with this provision. Vendor shall on reasonable demand, make available to Director, all records, books of accounts and statements maintained with respect to operations at the facility. • Vendor must pay the City commissions based on a percentage of its monthly Gross Revenue from the rights and privileges granted in accordance with the payment structure in the Agreement. Monthly Gross Revenue will be calculated based on a calendar month. Payments shall be made with respect to each calendar month that this Contract is in effect no later than the twentieth (20th) day of the following calendar month, including the last payment to be made at either termination or expiration of this Contract. • Vendor shall also permit designated agents of the Department Director to make periodic inspections of the operations of the Vendor as it relates to work in the WRMC or FWCC. • Vendor shall coordinate all necessary activities, including working hours of its personnel performing electrical, plumbing and air compressed services, with the client/exhibitor. The WRMC and FWCC are 24/7 operating facilities, and Vendor is solely responsible for completing the services and meeting the specifications required by the client/exhibitor. Agreement between Vendor and City 20 of 24 • Vendor shall supply all equipment needed to fulfill the scope of services contained herein II. Delivery of Services A. Pre -Event Discovery 1. Vendor will conduct a pre -Event discovery up to 12 months prior to a scheduled Event. The pre -Event discovery may include site visits, kick-off meetings, Event plans, project visualization, pre -site walkthroughs, and pre -Event meetings to review each Client's and Exhibitor's needs concerning the Services. B. Pre -Event Marketing 1. Vendor's onsite manager must initiate contact with Event management within a reasonable time prior to an Event's scheduled move -in date. 2. Upon receipt of Client and Exhibitor lists from the Client and Exhibitor, Vendor's internal sales team will initiate marketing and sales efforts to exhibitors and educate exhibitors on all product and Service offerings. 3. Vendor must provide Event organizers marketing kits upon initial site visitation or upon request to inform and educate the customer about Services provided by Vendor. C. Ordering and Production 1. Prior to the start of any individual Event, Vendor will perform the following: i. Produce completion and status reports for the Services, which shall include, without limitation, number of orders received, processed, paid, and the like. ii. Review floor plans with the general service contractor to coordinate the Services. The general services contractor is typically the decorator or company that provides the scaled diagram of the floor configuration of FWCC and WRMC Event space for an Event. iii. Provide workforce projections based on actual and estimated Event volumes. iv. Check all materials and inventory levels to ensure that all Services can be properly and efficiently carried out. 2. Vendor will provide an event management program and online order program that provides the following features to Clients and Exhibitors: Agreement between Vendor and City 21 of 24 i. Clients and Exhibitors only register online once with the ability to manage orders nationwide. ii. Real-time order processing with order confirmations sent electronically after the order is placed. 3. Any orders received by mail, fax, or email must be processed within 48 hours of receipt, with the Client or Exhibitor receiving an order confirmation via email or fax. 4. Orders will also be permitted to be placed electronically by the Client or Exhibitor on the show floor with a hand held device. D. Event (Pre, During, and Post) 1. Vendor will ensure that all equipment necessary to fulfill the Services set forth herein for each Client and Exhibitor is available and properly and timely installed, programmed, and tested. 2. Vendor will be responsible for any and all set-up and tear down associated with the Services to be provided for each Event. Vendor must contact each and every Client and Exhibitor on the show floor prior to move -in to make the Event experience as smooth as possible. 4. For events with a larger order base, Vendor will maintain a service desk during the Event's operating hours. Each service desk will be equipped with remote access for on -demand information. For all other Events, a direct access phone line will be placed at the service desk for instant assistance. Larger order bases will be determined at the discretion of the Director. 5. Vendor will conduct quality checks of FWCC and WRMC floor plans, Event information, and proper installation of all necessary equipment and infrastructure related to the Services to be provided hereunder. 6. Once an Event begins, Vendor's representatives will actively visit the Client and Exhibitors to ensure that all Services are satisfactory. 7. Upon completion of an Event, Vendor will re -inventory its equipment in a prompt and efficient manner to meet the usage timeline of the appropriate facility with the FWCC or WRMC. All equipment supplemented from Vendor's local warehouse will be removed from the FWCC and WRMC at the conclusion of each Event. E. Billiniz, Invoicing, and Collection Agreement between Vendor and City 22 of 24 1. Vendor be responsible for all billing, invoicing, and collection activities for any Services to Clients and Exhibitors of the FWCC and WRMC pursuant to the terms of this Contract. 2. Vendor will ensure that all payments for the Services provided pursuant to this Contract are received by Vendor from the Clients and Exhibitors prior to providing any such Services. F. Follow-up 1. At the close of each Event, Vendor will conduct surveys to rate the customers overall satisfaction with the Services provided. G. OnQoin2 Obligations of Vendor 1. Vendor will be responsible for developing an order form for all of the Services to be provided hereunder and issuing receipts to all Clients and Exhibitors for Services rendered. The order form and any revisions thereto are subject to the prior approval of the Director. 2. Vendor will coordinate any and all special access arrangements from providers. Vendor will work closely with the Director in the performance of any Services and related tasks reasonably required by the Director in order to fulfill the intent of this Contract. 4. Vendor will dedicate a full-time general manager on -site at the FWCC or WRMC as well as adequate staff to ensure that the Services set forth herein are carried in to the highest industry standards. 5. Vendor will provide routine maintenance on all of its equipment no less than once a Contract Year. Vendor's electricians will provide primary maintenance on inventoried equipment not being utilized during Event standby hours. 6. Vendor will notify the Director of any maintenance issues as they relate to any of the permanent utility services within the FWCC or WRMC. Vendor will provide labor to maintain such services at no cost to the City and any request by the Director for service maintenance will be addressed promptly by Vendor. 7. Vendor will provide the Director with real-time access to its event management and online ordering program to view pertinent financial and Event information regarding all Services under this Contract, which includes, without limitation, the following: i. Access to all call logs indicating conversations between Vendor and Clients and Exhibitors; Agreement between Vendor and City 23 of 24 ii. Access to Event orders and work orders; and iii. Access to a variety of financial reports (with the ability to create custom reports), including, order summaries, Event organizer invoices, and commission data. Agreement between Vendor and City 24 of 24 FORT WORTH 33.2.4.1 Exhibit C EDLEN The Power People EXHIBIT C PAYMENT SCHEDULE INCOME TO CITY This sheet will be used to evaluate commission structure. PROPOSAL ITEMS: Proposer may include any additional services and fees. However. this RFP will only be evaluated based on the commission structure listed below. Commission Percentage — Refer to Section 33.2.4 Income to the City A. The proposed commission that Vendor will pay to the Fort Worth Convention Center for Electrical. Plumbing and Compressed Air services and Will Rogers Memorial Center for Electrical combined is: 1. Thirty five percent ( 35 %) of gross receipts for the first S1.00 to S200.000.00 2 Thirty five percent ( it; _%) of gross receipts that exceed $200.000.00 B. Fort Worth Convention Center commission 1. Thirty five percent ( 35 %) of gross receipts for the first S1.00 to S200.000.00 2. Thirty five percent ( 35 %) of gross receipts that exceed $200.000.00 C. Will Rogers Memorial Center commission 1. Twenty five percent ( 25 %) of the gross receipts for the first $1.00 to S200.000.00 2 Twenty five percent (25 %) of the gross receipts that exceed S200.000.00 Proposed value additions. for example provisions for capital funding of improvements specific to electric. plumbing and compressed air services for clients and staff of both facilities, are agreeable for inclusion to this commission proposal. RFP No. 23-0100 Exclusive Service Provider for the Fort Worth Convention Center and Will Rogers Memorial Center Page 20 of 27 CONFIDENTIAL TRADE SECRET INFORMATION EDLEN ELECTRICAL EXHIBITION SERVICES — RFP No. 23-0100 FORT WORTH 33.2.4.2 EDLEN The Power People Proposed Commissions Edlen proposes to offer commissions to the City of Fort Worth as follows: Fort Worth Convention Center & Will Roizers Memorial Center— Combined 35% commission on gross receipts Fort Worth Convention Center— Individually 35% commission on gross receipts Will Ropers Memorial Center—Individuallv 25% commission on gross receipts In addition to the commissions outlined in Section 33.2.4.2, Edlen will provide these additional services if awarded the contract: 1. Labor to maintain and repair temporary utility boxes and disconnect panels in the FWCC & WRMC at no cost to the City of Fort Worth. Edlen will undertake a minimum of semi- annual inspections and testing of all panels and disconnects. 2. Capital investments to enhance the marketability of the utility services concession at a minimum of $1,000 per year for the term of this agreement. Said investments will become property of the City of Fort Worth. 3. Labor for capital improvements over and above the stated minimum cost at cost plus $1.00 4. To provide up to $1,000 annually towards the marketing of the City of Fort Worth and its convention facilities. Edlen will also promote this destination at industry events such as IAEE, PCMA, MPI and ASAE. On or before the 201h of each month Edlen will provide the City of Fort Worth with an accounting of all revenues and operations for the previous calendar month along with commissions due for the previous month. Designated accounting personnel with the City will be provided with log -in access to Edlen's web -based event management program. Access will allow users to obtain real-time event revenue, exhibitor and show organizer orders and City commissions. Reporting is available on a show -by -show, monthly, or yearly basis. 33.2.5 Proposed Equipment and Infrastructure Edlen owns more equipment than any other temporary electrical contractor in the country. With a nationwide inventory valued at more than $50 million, Edlen can produce any number of events simultaneously. Edlen currently has an extensive inventory worth in excess of $3 million located in Fort Worth and may produce any event contracted by the FWCC and WRMC. CONFIDENTIAL TRADE SECRET INFORMATION EDLEN ELECTRICAL EXHIBITION SERVICES — RFP No. 23-0100 FORT WORTH EDLEN The Power People 33.2.5.1.2 Detailed Rate Sheets ELECTRICAL ORDER E a MF--] Advance Payment Deadline Date FokT Tak111 EDLEN th• vow., vuoo EVENT: ELECTRICAL EXHIBITION SERVICES 1201 Houston Street. Fort Yiorri TX 76102 FACILITY Fort Worth Convention Center Phone:(682)410-9336 knwortheedlen con' DATES I EVENT 9 FOR YOUR CONVENIENCE PLACE YOUR ORDER ONLINE AT WWW.EDLEN-COM 00100/00 INUNE AND PENINSULA DELIVERY OTY OTY ADVANCE REGULAR TOTAL The cost of 120-Vofl outlets wck,des Add 8. 25% �8X =^aw 24"m aar PAYMENT PAYMENT COST delivery to one location at the rear of irdrhe i+b�r5 Dou_Ne PRICE PRICE or perine.ua booths If you require the 120 VOLT ony ot.Cetl51 to be alstioutea to any omer Iocatorv.S, material and 6aoor cruv es 500 WATTS (5 AMPS) 76.44 114.66 apply There le.a minimtan cturpe or (1) hour for rivaiatan and w2I hour for 1000 WATTS (10 AMPS) 104.83 157.25 remnva Complete and slum the ElecMcal Dtstrtoutlon Form along with a floor pan 2000 WATTS (20 AMPS) 129.95 194.47 layout of your booth Space nhaicatinp ou ti t Imatanlsl 208 VOLT SINGLE PHASE ISLAND BOOTH DELIVERY ONE LOCATION 20 AMPS 180.18 270.82 1 wino booths that need power delvefea to ore locaten incur it, tots door charge for 30 AMPS 222.77 334.15 I nstaiabon A 11�2/ hour arbor charge for rer-twa, netvn a floor pan layout of your 60 AMP 294.84 396.45 tiocrh Space ndncatng the octet iocabon wtih meau'e'rents and or naboo 208 VOLT THREE PHASE ISLAND BOOTH DELIVERY 20 AMPS 30358 45536 MULTIPLE LOCATIONS I -land booths that rewwe power to be 30 AMPS 414.96 62296 ceirvered to muitoe iccatom mmin their tooth space Inca a f1ltYrrum (1) hour la" 60 AMPS 617.76 926.64 ctnarge for inslaaatton The ram" or this, work w•1 be charged a nw*nm (1121 hour 100 AMPS 938.08 1407.12 IN (1r2) rle lolal lone dr inSiltatlafl 1"eral charge% we awy Return a floor pan layout or your boot) space indicating a main TRANSFORMER(S) Boost 208 Vott to 230 Volt d Y.trioubon point and a• outlet locawnn lank^ measurements arw orientation if a main Transformer (20 amp minimum charge) Total Amps:_ It 5.50 = dts,trntAion porn IS not pro.•Oed, Edlen w11 deirve r to the most corwervent location 2081480V POWER DELIVERY frt AND CONNECTIONS for Par Can. For Par Can installation. lift Edam electriclarl'. onus: make at hyh watt outlet each scissor charges apply voflape Connection% ana .... .. . on a ton and malefuv basis complete the 1000 WATT PAR CAN 99.64 139.36 Electrica Boom Work Form to %chhewte yv estimated corrhecton time and loor Retisn 8' POLE LIGHT-1 FIXTURE 107.65 152.27 foam with your order MOTOR POWER 8 POLE LIGHT-2 FIXTURES 123.67 17629 Order electrtca servtces for motor poker requred on tr % form If unt. ye of the electrical services required cap for a q"e Must Pick ul ItOTFS at • 24 HOUR SERVICES Electricity *All be tuned an with^ 30 mintAes a stow taperlRhQ arw off wEtan 3o 15' EXTENSION CORD 28.08 mlrxifes or stow closing. stow days only If you rewire power at any other time ore 24 POWER STRIP 28.08 tour power at double the outlet rate Please call for information on any services you require that are not listed here CANCELLATIONS er"ts wil not oe Issued for services TRANSFER TOTAL TO BOX N2 ON METHOD OF delrvered and clot used See D16. 22 6 23 on Terms a Corranlons rcr detan s PAYMENT FORM TERMS 8 CONDITIONS PRINT NAME: I agree •h pacil o; IN. cr der tsar I have accepted Edam's payment poky and me an terms arid coobons of the conil tra EMAIL: I PHONE: 120!208/480V.V2.FW.06 23 PG 2 CONFIDENTIAL TRADE SECRET INFORMATION EDLEN ELECTRICAL EXHIBITION SERVICES — RFP No. 23-0100 FORT WORTH EDLEN The Power People TERMS & CONDITIONS Order wen par -etc a floor par t1Cr surd bodes or arty bo ill reoulrg antr'buow of elec7lcai sN'vIQsI must be recer.re no Later Mn one deadline dale on ere order lorry ter alwrce payment riles to apply Orden; received onnoJt Da)mert and re'QJred •bor plan wit not be guaranteed advance rates Oraers +ewved after the aeadire dale MI be cParged al t•e regular rate A purchase order or phc40ccLy, Of a caeca we not cor9aerec veld lor-d of payment for second savarcea rate 2. TO •ecehe aavaKe rates a Oer-Clete YOR In0jum of a scald electres .11out mist be received refcle I'e ad.Yre w,mert aeaOVle date The scaled layout rRAt matd`. See Circle. and Include power Ipcatorr and Ore-f.300n Ar l crlxV s Or aadnonal serAxs tecelvel o'er lne clexllne dale will tC Charged the fegUW Mr nett price 3 In eb event crON total are calttualed Incorrectly Eder reserves me gril Ic make me necessary coreclions and "ge tie Corrected arrfourt ExPilofts ard be nulled by ease or ar, y turn corrections a. OLM ra0e4 Isledlinclude txlroro services loom lootbn x'M rear of rlhe ara peninsula bootlis 6. Oalel roles hsbed do not nckade the correction of air/ edusp'•erit special wimp or (MWon of the outlets to aQner than tie Randard ncabors armn Cie Ooodn space OseWloh b sal Wier /xanors repardiess d pdcvn pPe rewrc labor and �s peraxmed on a tie and matienal t�ts+s Exrrbrbtt are =rvled td cavact the local Eden office 10 OSclum asap addled al fists that may be incurred 6. A saparale outlet mull! be or le ter each bCafon aster an erectnc�al servhce is re0ured S amps a HOC wami m the mr.mum ar-et.rt 0 Power" Car be aaema lor airy a+e loc ilorn Power must be code daccording to Doak amperage ratings d a 7 hand BoMm -1Mill Incur a 1llnam rn (1) hour tabor charge ter ahsta taws The removalOf 7as wort all be cha gea a r.rr.r ; • : ^w cr �' 2 i M fatal 7rrhe d costa a tat Malarial eergaa M apply. Refum a foot pun {trout d you txndeh space mclicattrg a man astmtijke point and al Orlin locations wm measurements ara alma. Sort e a Moan dsaEu6on poets not proNOed. Eden will oehvr to the .'^lost :Crvenl4e location 6, rhore Igo It) hoed Ilftalab on and a 1 if21 hour 11114hOYS "Off /Or Nano BOOM that repute oelNefy b one location e, labor rates we based on Current wage scales and are s:ralcl tt change On !ne eeert Of a sage nclNse after rates Pane been publshed A errs crarge N i moot labor all apply lw of etlall bon work Tre removal cr fin Sort all be Carped a mrw-ar Of r 2 hour of 12 The XW trne d instaranon. PUS mat[rs 10 Eden Supe nsnT-A slpener"y Wrge of 10%d M :re.ali g .7CCt rate ant apply b al 4M 7W e>1cKQs one hour 11 For a dedcaled outlet order a 20 alnp outset 42 two rrverlerl sef cCntalrCd Gamer supplies or ae%-ce s trot corverl tanary pcaer 10 120 vol Dower allowed 13 In One evert •OCC &art me•neae 4..1Rt Ignts Cannot be mohreed Ic exnting Cataaks In M COMenbon hal. ;M and tabor Changes al apply Contact Cut local Office 17 dlxuss any awrtcral v-4,ges sal Eden employees are autro•l7Ld to at tour cd.erngri amen essental W nstallation of sentces uness otherwise drected 15 Eden Is the excLwt a proNaer of all malenl and eoupmert used in the d'ra'ba1On or tempor r) ew c!rXal serlxe-i CrougrOlt 7ne exhort Pal, irouct•g the eirdbedr boom space This rLaler01 is pfcvhded cc a rectal Days ONLY and remand the property of Eaten It Val'. be re naoed only try Eden employees 16. Any extension cards or power sStos ordered an the front of this brie should be picked up al M E t"ellor Service Cerber Credit all not be not as.ld for s,rased Gems 17 Standard wall and oiler Demhanent blatltrig utity OU6ets of sockets are not part cf a boom space and rn,ay rot be used by ed lb4Ns wens, efecTxaser icn nave been ordered lrro,g" Eden 16 All equipment regardless of soiree of poser. rust Campy wth federal stale and iocai codes Ezlie , resenvs the right to rxpeet at eteclInca devices and corneC.s lns to ensure Oa*pgrce loin as codes for shKh tabor crwgrs Can be mcvred Eal'r, is •eVured sd refuse Cormectl0rs wrere 7ne Et"dlsr String ar egutprert is rof in adoolaarce ear eteetrical codes 19 AI t*Ctrtal Odulgmert must be plOpevyy tagged and wired wOn compete rtor•.alon as to the 'foe of cunert lortape Dnase cycle. horsepoeer Cc . rMirec tx operation 20 Al Ehenblici caas rut be a n'irlmum of 14 gauge. 3 wire and Waived Tao 12i ire enensior cords are not allowed At exposed norctrrett carryh q -dal parts of hied equip iti w►rd` we lobe to be energized shall be grounded 2 • Payrnert in rul mutt be reroered o rig the evert ExhGsors ARE NOT bled ter services pro lded Serelces r%zl pe raempted I payment is not received 22 Credll wr hot be green for services nstaled and rot used Al orders are supped to a 25*+ cancetabon lee Or calrOeled in artb+g and neceNeed by Eisen 121CaenCar day; or toss prior IO re first clrlracted reert -nOve On Oa! Except sales tat Eisen wit not Mid Overpalment in aretrts less 71r Sao 00 uriess sDedticaly regxslea r WvW 23 111ne evert is canceled loud 90 days prior to the MI ooreataed evert rlove.m day al orders We Sub)eQ t0 a 23% CanCehasal rely No refunds all be issued for everts cancelld on or aAtr the 1r9 COO acted ever roee.rl day 24 Ciar-m ail not be conslidered of adlus7-ergs made unless filed In writing by Eardta prior ID M dose of One evert. 25 EintlrAr r•tvds Edlen ramles for any and al losses of porter beyond Edlen s cortroi ncWr%o Out not.lmlea to losses due'e u11eY company ;apse per -avert power distr"Oot •aL-e power !altre caused by vandalism faulty Exrabeor ei:Jpmert or OVOnbaOs caused ey Exhibitor 20 It is agreed Curt n 1ne event OfbecOrrs 'necessary io!urn ms matter ba e beer i0 an atlorneY'oiMd/an Or w lie a ben, a t'recici or olsrai0. Exf+O/kt wit pan Eale'n its aft c-ci fees or atoetaae agency Ives 27 A servxe cru ge of 1 5-4 per more" on ry sPaid boances all the assessed StXVV 10 days ale dale or rrvoice A S25 OC senxe charge will be assesses ter at ree,rned erects and crept Cards EgrbW agrees!a rer-ourse Eder: tar aI appitabie mrLa-!axes 20 Ehevtxor Pereby agrees b al terms and conditions arched on all order tor-4 and The Eder General Drat Prdecsor, Regulator iGDPR, pmac, POKY ~ can be re- vWeabyvlsrVgrebs oroerrg edlvh tomLer;aAca:esTerrns-Eater .G'1PR o7 COMMONLY ASKED QUESTIONS . WHERE WILL MY OUTLET BE LOCATED? Clutetz are 1Dcated as depctda below for irlme 6 perrisLm booeha Aa Cthe' Cx ar ix : rr.;-re IS^.Or Clio b-i c S rnarerml br - E lnicelxS wllr Nara Wan boots naM rnOW + . . , item 111~ b brelp pout ertN ti booth cn a ume aro nnatt nor Doss -` uk • _ •e1x .s�i �' to . w ' " .w . w r A scow wh floor plan mxAt mM �• •' \ F I I scrpary Ydtr order # • — a - at rsln dstlDuslon r�IOlt ate. irrarN.uty pOft awlI I aeon,aa boom cwlutw .I I I tar. tw.yf a vk . ya L11AND BOOTIE~ AM POMIM IAAMPLFd'EIIJ\G POWER utcklrrayslrill—, ,. FOR OTHER COMMONLY ASKED QUESTIONS VISIT OUR WEBSITE a- WWW.EDLEN.COM OR CALL THE NUMBER ON THE ELECTRICAL ORDER FORM TSCELEC.V5.FW.06.23_PG 3 CONFIDENTIAL TRADE SECRET INFORMATION EDLEN ELECTRICAL EXHIBITION SERVICES — RFP No. 23-0100 FORT WORTH ELECTRICAL DISTRIBUTION EDLEN FoRr;ORTN I b y V o w e r V& o p I, ELECTRICAL EXHIBRION SERVICES 1201 Hcuslon Street, Fort Worr+. Tx 76102 Phone:(682)410-9336 fortworth@edlen corn EDLEN The Power People Advance Payment Deadline Date: 00100i00 EVENT: FACILITY Fort Worth Convention Center DATES: I EVENT # ALL bland booths MUST provide the information below. Inline and peninsula booths need to provide this Information ONLY N pow•r is required at any location other than the rear of the booth space. This information allows Edlen the opportunity to expedite move-;n by having your power distribution complete prior to your scheduled move -in time. Complete all of the fields below including the -Labor Estimate- Section. Edlen will make every attempt to complete the work pnor to your arrival, but it can not be guaranteed. 1. Provide an Electrical Layout Form: A. The electrical layout must indicate each power outlet and its location with exact measurements. B. The electrical layout must reflect booth orientation. Use surrounding booth or aisle numbers. C. Identify a main distribution point. Power is delivered to that point and then distributed to other locations. Inline or peninsula booths do not need to provide a man distribution point. Power will be located at the rear of the booth. D. If power is only required in one location in Island booths. indicate that location with measurements on your electrical layout. 2. What date will you begin budding your booth? A Date Time: 3. Will you be utilizing any specialty floor covering other than carpet. such as vinyl or wood? A. Describe flooring B. Estimated date and time flooring installation will begin Date: Time: 4. Show site supervisor. Name Cell # Email Company 5. The exhibitor acknowledges there is a minimum 1 hour labor charge for the distribution of services and U2 hour for the removal of services. Island booths that only require power delivered to one location incur a 1 hour installation and removal charge. 6. In the event a lift is required to deliver power from the ceiling. or if the exhibitor requests power be delivered from above when it's available on the floor. lift charges will apply for installation and removal There is a minimum 1 hour installation and 1 hour removal cost for both Irh and labor For safety reasons lifts require a 2 man crew. LA60A`U A01FAS DISTRIBUTION• R ESTIMATE Labor Enter a minimum of 1 hour for installation and 1/2 MAN HRS RATE TOTAL Minimums hour for removal. For installation labor greater than 1 hour. dismantle is 1/2 the total installation time. ST $100.39 Straight Time Monday -Friday. 8.00 AM - 4 30 PM, except Holidays. Overtime Monday - Friday 4 30 PM - 8:00 AM, all day Saturday. Sunday & Holidays. TRANSFER ESTIMATED TOTAL TO BOX #3 ON METHOD OF PAYMENT FORM PRINT NAME: OT S150.46 SCISSOR LIFT RENTAL HOURS RATE TOTAL $161.20 DATE DISTRIBUTION .V4.FW.9 20_PG 5 CONFIDENTIAL TRADE SECRET INFORMATION EDLEN ELECTRICAL EXHIBITION SERVICES — RFP No. 23-0100 FORT WORTH PLUMBING ORDER EDLEN IoerToert, ELECTRICAL EXHIBITION SERVICES 1201 Houston Street. Fort 1Yom. TX 76102 Phone: (682) 410.9336 fotworth@redlen com EDLEN The Power People E F-� MF—] Advance Payment Deadline Date: 00/00/00 EVENT. FACILITY: Fort Worth Convention Center DATES EVENT tt FOR YOUR CONVENIENCE PLACE YOUR ORDER ONLINE AT WWW.EDLEN.COM ADDITIONAL CONNECTIONS It you have more than one l -It-:c 'r mlpe convections an a machine YOU mot order an addlaona cornectlon for tach machine or connection WLNn -0 feet of the ouUN ordered Oeentl you must order a Tlel «.tr_t AIR LINE RESPONSIBILITIES Edcn s not resl !or andsl o1 or water In w 1res loss of for or increase In pressure to line to coulprnent Exhibnor should suppy, their own fill. driers or other equipment as needed No compressors are pernvzcd other than those suppled by Edeunless n uess they are a s rec l. rl nor mai-hlne WATER PRESSURE Pressure may vary No guarantee can be made to Minimum or nUL*fnuml pressJil If pressure ins c lcat the Exhbror % lot arrange to have a prrsure regualor valve of pump instated Eden 1% not •espombe for sedmentcolor or twee of water :U _ 1 �L AA There is a msrlIll mlth Labor charge of 1 hour to dNver ar d 112 h ur to remove each air water. and ban oube' 1 Owlets are delrwred to the rear of ntre and pennst" booths and to one location In Isial booths If a IR is roared to drop fine outlets from. the cerng, a 1 hour M charge for Installation and 1 hour nor removal w11 apply. OUTLET DISTRIBUTION Once outlets ll been oelrwred me rammptog and.at dstrbutlon or services on the moor w11 be done on a tine and malerlal bass A mnrnum 1 hoar Labor chayge Nor natlraton and V.- hb.r nor rem✓: al yN apply OUTLET CONNECTIONS Spec aI eQuprent regttrng company erlglncenng Of technlo7ans for assern0ty. servicing preparatory work and operation may be executed w t-ol Eden plumbers TERMS d CONDITIONS I agree in pacing tins order that I hale acceole'd Edens payment l and the terms and cor%hltlOns Of contract COMPRESSED AIR 90-100 LBS PSI AVAILABLE IN WEST HALL ONLY Air Outlet Icali for a quote for 24-hour Air) 353.60 530A0 Adito^al Connections within 20' of Outlet 135.20 20280 CFM REQUIREMENTS Must order CFM with air services. Refer to r a on Plumbing Terms. conditions a Regulations, CFM (There is a 5 CFM minimum charge per outlet1conrteetion) Total CFM = Total CFL1 x ADVANCE Rate 7.00 Total CFM It REGULAR Rate 11 00 = WATER LINES (Eden Is l -esponsbe ur seornert or the color or taste or lil I Water Outlet 353.60 530.40 Additional Comections within 20' of Outlet 135.20 202.80 0 of connec bons required: Sue of correction: PSI requ: ed: GPM Required DRAIN LINES it waste water oortara hazardous raterall chemicals or metals Eaten carrot oan t I Drain Outlet 353.60 530.40 Addibomal Connections wlthwn 20' of Outlet 135.20 202.80 Number of connections required: Sue of connection required: F ILL & DRAIN LABOR (Eaten m not. resoonsele for sooners or the color of water 1 - 500 Gallo-s 21528 32344 Water available in the East & West Exhibit Halls. AIR IN WEST HALL ONLY. Labor is required for all air. water. & drain lines, as well as distribution of services in your booth space or overhead. Complete the Plumbing Distribution form and include it with your order. TRANSFER TOTAL TO BOX +4 ON METHOD OF PAYMENT FORM PRINT NAME EMAIL PHONE: PLUMBING.VI.FW.10.18_PG 6 CONFIDENTIAL TRADE SECRET INFORMATION EDLEN ELECTRICAL EXHIBITION SERVICES — RFP No. 23-0100 FORT WORTH PLUMBING DISTRIBUTION EDLEN PelerTekit, ELECTRICAL EXHIBITION SERVICES 1201 Houston. Sleet. Fort Wort. TX 76102 Phone: (682) 410-9336 R . .. L: Jlen.com EDLEN The Power People Advance Payment Deadline Date: 00/00/00 EVENT FACILITY: Fort Worth Convention Center DATES: IEVENT # The work described below falls within the jurisdiction of Edlen Plumbers and c be performed by any other union AD house or exhibitor. Contact our office for 0arficat on regard ng soope of work • Delivery of Air. Water and Fill 8 Drain Ines • Installation of lines defvered from overhead • Distribution of Air. Water 8 Drain Imes under carpet A Outlet Delivery 3 Removal There is a minimum 1 hour labor charge for the delivery and 112 hour for the removal of each air. water and drain service. f a lift is required to drop services from overhead, a minimum 1 hour for installation and 1 hour for removal wil apply B. Outlet Distribution Throughout Booth Space Air Wale., and Drain ;nes are brought to one location at the rear of iNine. peninsula and island booths. If you require he distnbulion of services to any other location within the booth space. there is a minimum 1 hour Labor charge for disbibutivi and 1r2 hour for removal. or 1f2 the total time of instattation. whichever is greater C. Outlet Connections Connection to exhibitor equipment is included in the cost of the service. A Island Booths need to provide the following information 1. The plumbing layout must indicate each outlet and its location with exact measurements 2. Each location should indicate the type of service All air locatbns must include CFM regjirements. 3. The plumbing layout must refiect booth orientation. Use surrounding booth or a sle numbers. 4. Identify a man distribution point- Services are delivered to that porn! and then distributed to other locations. B. Inine or Peninsula booths must provide the same information with the exception of the man distribution poet The main distribution point will be located at the rear of the booth space C. Date you wall begin budding your booth: Estimated time. D. WA you be utilizing any specialty floor covering other than carpet such as viny. or wood) 1. Describe flooring: E. What time do you estimate needing the physical connection to your equipment? Date: Time F Show site supervisor Company Cell a. Email G. This rifonmabon allows Edlen the opportunity to expedle move -in by having your plumbing distribution complete prior to your scheduled move -in tore Complete the -Labor Estimate- Section below Edlen will make every attempt to complete the work prior to your arrival. LABOR ESTIMATE WORKSCHEDULE MAN HOURS RATE TOTAL ST Monday -Friday. 8:00 AM • 4 30 PM. except Ho'idays ST S 100.39 OT S150.46 OT Monday - Friday 4 30 Phi - 8 00 Ahl 3 all day Saturday. Sunday and Hol days ESTIMATED TOTAL AUTHORIZATION (TRANSFER ESTIMATED TOTAL TO BOX 03 ON PRINT NAME: THE METHOD OF PAYMENT FORM +I DATE PLUMBINGLAB0R.V4.FW.g.20_PG 8 CONFIDENTIAL TRADE SECRET INFORMATION EDLEN ELECTRICAL EXHIBITION SERVICES — RFP No. 23-0100 FORT WORTH EDLEN The Power People PLUMBING TERMS, CONDITIONS & REGULATIONS 1. A complete order with payment and floor plan inclusive of a scaled layout (for island booths or any booth requiring distribution of piumbrng services) must be received no later than the dead, kne date for advance payment rates to apply. Orders received without payment and required floor plan are not guaranteed advance rates. Orders received after the deadline date wA be charged at the regular rate A purchase order or photocopy of a check are not considered valid forms of payment for securing advanced rate 2. To recerve advance rates a complete order inclusive of a scaled plumbing layout must be received before the advance paymen, deadline date. The scaled layout must match the order and include plumbing locations and onentatm. Any changes or additional services received after the deadline date will be charged the regular payment price. 3. In the event that totals are calculated incorectfy. Edlen reserves the right to make the necessary corrections. Exhibitors wil' be notSied by email of any corrections made. This includes adding the required minimum CFM charges when applicable and labor charges 4. Al outlets will be installed on the floor at the back wall of inline and peninsula booths. All services ordered for island booths will be dropped to one location in the booth. Edlen wd make every attempt to deliver these services to a location convenient to the exhibitor. 5. Distribution of services throughout the booth space. whether under the carpet above the carpet or overhead is done on a time and material basis. Lift charges may also apply for overhead distribution. 6. Additional footage charges apply when an Exhibitor requires services that are further than 90 feet away from closest outlet and when dropped from overhead when services originate on the floor or columns. 7. Labor charges apply when an exhibitor requires services to be dropped from overhead when services originate on the floor or columns. 8. The CFh1 requirements (Cubic Feet per Minute) determine the volume of air required to properly operate exhibitors equipment CFhl rs a labor charge for sizing and vrstallatan of the service infrastructure. 9. In some instances a pump is required to drain services out of an exhibitor's booth. When this occurs. time & material charges apply. Exhibitors are encouraged to contact Edlen to discuss any potential additional costs. 10. Connection to exhibitor equipment is included in the cost of the service. Special equipment requamng company engineering or technicians for assembly, servicing, preparatory work and operation may be executed without Edlen plumbers. 11. Service outlet size is determined by the volume required. Air line size is dictated by the CFM requirements and ar line terminations vary. 12. Compressed Air is suppled during show hours only If compressed air is required for non -show hours cal for a quote. 13. Wall. column and permanent building utility outlets are not part of booth space and are not to be used by exhibitors. 14. Unless otherwise directed. Eden personnel are authorized to cut floor covenngs to permit installing service(s) ordered. 15. Pressure for Water Services may vary No guarantee can be made of minimum or maximum pressure If pressure is critical. the exhibitor should arrange to have a pressure regulator valve installed. 16. Natural Gas -when available- is not regulated by Eden and is at the facility pressure. Cal for price quote when available. 17. Gas 6 Cylinders -when available' 1025 - 1030 BTU per cubic foot at T water column pressure. Credit will not be provided on unused cylinders. 18. Al equipment using water must have Net and outlet property tagged. 19. Al equipment must comply with state and local codes 20. Edlen will not be responsible for moisture or water in air lines. Exhibitors should supply their own titer or other equipment to handle moisture or water. 21. For gas cylinders or any other special requirements car for a quote. Delivery charges will apply to any specialty equipment delivered and removed from the exhibitor booths 22. Eden must have 30 days notice in order to supply special regulators, strainers. traps. etc. 23. Credit will not be given for services installed and not used. All orders are subject to a 25% cancellation fee if canceled in wr" and received by Edlen (21) calendar days or less prior to the first contracted event move in date. Except sales tax. Eden will not refund overpayment in amounts less than $50.00 unless specifically requested in writing. 24. If the event is canceled within 90 days prior to the first contracted event move -in day all orders are subject to a 259E cancellation fee. No refunds wit be issued for events cancelled on or after the first contracted event move -in day. 25 Claims will not be considered or adjustments made unless filed in writing prior to close of the event. no exceptions. 26. Credit will not be given for outlets installed or connections made and not used 2T Payment in full for all plumbing services provided most be made in full prior to close of the event 28 It is agreed that in the event it becomes necessary to turn this matter over to an attorney for collection. or to fie a lien, or foreclosure. or otherwise, exhibitor will pay Edien its attorney fees or applicable agency fees 29. A service charge of $25.00 hill be assessed for all returned checks or declined credit cards 30. A service charge of 1 5% per month on any unpaid balances will be made starting 10 days after date of invoice 31. Exhibitor hereby agrees to all terms and cortdruons outlined on all order forms and the Edlen General Data Protecton Regulation (GDPR) privacy policy which can be reviewed by visiting httcs ordenno edlen comIeoaiNotices,'Terms-Ellen-GDP R od' POWER TO OPERATE ANY PLUMBING APPARATUS IS NOT INCLUDED. ALL ELECTRICAL REQUIREMENTS MUST BE ORDERED ON THE ELECTRICAL FORM. For further information please visit our Web site @ WVYW EDLEN COM or call the number on the Plumbing Order fora TBCPLU.V5.FW.06.23_PG 10 CONFIDENTIAL TRADE SECRET INFORMATION EDLEN ELECTRICAL EXHIBITION SERVICES — RFP No. 23-0100 FORT WORTH ELECTRICAL ORDER EDLEN r. the P . . f'e up lr •••" it!" ELECTRICAL EXHIBRION SERVICES 1201 Houston Street. Fort Worth. TX 76102 Phone:(682)410-9336 EDLEN The Power People E a M a Advance Payment Deadline Date: 00/00/00 EVENT. FACILITY Will Rogers Memorial Center lortwWh@edlen.ccm DATES: I EVENT # FOR YOUR CONVENIENCE PLACE YOUR ORDER ONLINE AT WWW.EDLEN.COM INLINE AND PENINSULA DELIVERY CITY CITY ADVANCE REGULAR TOTAL The cost Of 120-vdl Outlets IncUOeS Add 8.25% Tax snow 24hm(My PAYMENT PAYMENT COST detmefy to one IOcaton al the rear of WA a 1Y0 VOLT Hours only Double PRICE PRICE or penwnsuia booths It you IeOuire the outletus) to be distributed to any other 1000 WATTS (10 AMPS) 101.92 locabon(s) material and labor charges apply There Is a mnrykrn charge of (1) 2000 WATTS (20 AMPS) 12688 hour for Installation aril 11,2) hour for removal eomwete and return the Dectncal RV OUTLETS Labor Included with RV Outlets Distribution Form along with a floor Wan laroLt Of your booth space ndicatthp Olrlet 120 VOLT 30 AMP 319.35 locabon(s) 208 VOLT 50 AMP 42231 ISLAND BOOTH DELIVERY ONE LOCATION 208 VOLT 100 AMP 63503 Isiano boovis that need power deavered to one location mar (1) max UCor charge for nualtxlon a (12) tour tabor charge For itl>a VOLT BANGLE PHASE rem al Return a floor pLsn Layout of yov Dealt, space )notating the outlet k"bw wen AAIPS rrea�rvnerrs and cnentaitm 20 ISLAND BOOTH DELIVERY 30 AMPS MULTIPLE LOCATIONS 60 AMPS Island booths that require power to be oetnered to muruple location within to 208 VOLT THREE PHASE booth space incur a minimum (1) hour tabor charge for Instailaboh The removal or ins 20 AMPS work will be charged a mwnxrn 02) hour or (12) the total lime of nst"ubon Material 60 AMPS verges will apply Return a poor clan 100 AMPS Iayoui of your booth space notatinmn g a a amtnbu8on point and all oullet lc aban with rmcv:urerrents and onertabon if a man TRANSFORMER(S) Boost 208 Volt to 230 Volt o-.tr+buron part Is nor pro wed Eaten will Transformer (20 amp mmmum charge) Tota Ampsdelver to Cie most convenlmt locatlm 2081490V POWER DELIVERY AND CONNECTIONS Edlen electn[lans must make al Non Arm Light vowam ctnrectons and disconnectons on a tme and mate" basa compete the 8' POLE LIGHT-1 FIXTURE Electrical Boon Work Font, to %crwdur your estnl"ed connection tine and Libor Return 8' POLE LIGHT-2 FIXTURES tore with your order MOTOR POWER 120V Omer a ctncal Sorooes for mot" power repJlred on this form It unsure of the eectrycar SCCOCes required cap for a quote 15' EXTENSION CORD 24 HOUR SERVICES POWER STRIP Electrfoty WE be turned on wehn 30 mnu ies or stow opening are off wimn 3o minutes of snow closing %now days only it 183.04 190.32 402.48 257.92 617.76 917.28 74.00 74.00 87.00 15288 19032 42127 575 19 819.74 27456 28600 604 24 38688 92664 1375.92 x550= 11100 111.00 13100 28.00 28.00 You require powff al any other ume «off 24 Please call for information on any services you require that are not listed here. mar power at double the oueet gate CANCELLATIONS TRANSFER TOTAL TO BOX M2 ON METHOD OF Ctects ate not be issued nor sefvoes PAYMENT FORM Wremd and na used See M= a 23 on Terms a Conditions for details PRINT NAME: TERMS & CONDITIONS I agree in Waorp this Order vial I na e accetAed Edlen s pay-nerx policy and the EMAIL: terms and conditions of the contract. PHONE: 120n081480V.V2.FW.06.23_PG 2 CONFIDENTIAL TRADE SECRET INFORMATION EDLEN ELECTRICAL EXHIBITION SERVICES — RFP No. 23-0100 FORT WORTH EDLEN The Power People TERMS & CONDITIONS Oraet win ;ay -et a boor plan tfa tswe booed or any bom r"us" dtstnbutlan ofvocrical services) must be rece he0 rat latea , than me eadom date on the otoet for^ 'oradyarce DarlMnt rate's to apply Gliders recopied without Payment and repttred low pan MI no be guaranteed advance rates Or•teTan •s ved Y1ef the oeaalre dale will be charged at the reWar rate A PurWse order or pnofdcapy, of a check are not considered valid fomw of Payment for setdtrrg advanced rate 2 To rdcah0 aGM= rates a unnpele order Inclusre Of a scaled electrical talon must be recc"mo before the advance Payment deadlne date The scaled layout rustmakh mail a dear OW OhdtAe power IOLalaora and OrWtlaGm Ark'I charges or aABbIm1 sees received alter tie deadline dab of be charged the regutw payr-crr pace 3 in a Mil fade kbft aye caatated Incorregy Eden reserves the right 10 maker a necessary corrections and charge the ca eCted amount E.fsdeon A be nofsied by tatmB of aq wildl porsacllons a Outlet lots arad asdl0t br Ing rC services t0 one lotaabon at the rear of rdr a and pefMswa booths 3. Oulat rals ■r0 aft set hclice the correction of arry eaulpr'rer'd spe" wtnng or dstrUllon Of the outlets 10 Cow than he Va'dxd locators ialmh the booth space OsardLbll b ✓r OBII IOCabors relv'dk•ss d bocrm lope repute Iat>ar and rs perlOfnnea en a tine aw rnaterta tattier Ei hipeors ere mvled do covact me local Eden office to dtscum arty addlkWW Costs mat may be mckxmd 6 A separaf• OMI mull be ordered for each lecaaon where an electrical service Is required is 5 amps or 500 wthe rrwwnum amolrrt ofpower 17at car be ordered ter anon y e 1001ML (teaar mutt be ordered aaordhg to pNaft amperage rasp% 7 Island Booalt r BooBa tillel reclim power to be ddrreted lo rJtale loeaeors wtar then booth space mcw a nsna m rn (1) rot tabor charge tar hstalaboi, Tine remOha d thus wolf wB be cf wgW a mn".m (1.2 / hour Or (12) the bb- 7me d tn"Asc n Matena: charges wsl ippry. Re6fr1 a bOr give kayo/ d)DII Doi? sWce ndKatnp a man dstrp(Aon poN and at: oubel locations war+ meattterkrrs and orientation r a ram QsmAo1 Dovn is not prov1000 Eaten wen deMf to the, rost comer ent k)c~ 6 There Is a (1) rat Installation and a (1.21 hOtt removal charge for Istana Booths brat rep.Ae detivery t0 one location, 9 Labor rain are booked on clo" wage scales and am suglect b Ohanpe r the Went d a rape notust alter rates hart been punhsneO A -liruh charge d tt) hov labor wB dopy b Y InsWLasPrt worn The rernova d the walk NI tx Charged a ryrw'xtfh d t�2 hour or t.2 M tOctl ire C! Insul abort puss materul 10 Eden SupaVdIOHA ftOervac ry charge of 10-4 OF Tv weasmhg abbe role all apply to >A low 7w exceeds one hour 11. For a dedicaled at", order a 20 amp osoet 12. No mxarlo s. sW conlo ve parer supplies or aehrces teat amen battery power to 12D vol power slowed 17h ate e(lera 1000 wall overhead quiaM Igrts cannot be mDwaed to existing Cats mks in the cOm—non hall, MR and Libor charges wl app-/ Cortad cur kxal Once to MOM any additional charges; it Edon a Wile yeea ant seNORad to at loot corerrggs anern essental for n"adOnn of services uness ofhetwse directed 15 Edon If eke OacllaM plogdo of a1 maten t and equipment used in the dstrtaAah of temporary a ecTxal senices trrckAgr" Tie exhtrt Mal neudlng the elfvbeor boom space Thra nn)lefrl s provided an a recta basis ONLY and remarks the property of Eden R teal tx her -cared ony Dy Eoren cr'Veyees 16 Ar.y estensbn cads or power seas ordered on the Runt d this late. should oe p/clted uD al to E mend, Service Cerli Credit all not be rho Issued nx uwsed gems 17 Standwd wall and NPLer penmarx-M b(xdmg ttlty ouAets or socltets are rot Pan df a boom space and ^ay not be used by eahlbalns nrness elecrra ser Ices have been ctc),-ed -.IT W2n Eden 16 At epJpnlenl regardew of $otce of power, mAt Como'/ sum lederastale and bci codes Eden refersv% Te rgr4 to fnpect at elecenca. Orvices aria conrecws b ersae coreYartce wfT all codes for which Labor ctarpe•s can be incur ea Eden Is •e7jred 10 -et" connectlMhs where 7%e Exntnor wt•t•g pn equals i:rt Is rot In accero3rce Mtn eteCYCal codes 19 At erec7ea: tWprr:ert mud be property tagged arC wred with compoele rfor-aoOn as to ten type of curter[ voltage D"w cycle hhorwDawer etc. reoJred ter operation 20 Al Ehfa00ors Coro$ runt be a ml•fmum of 14 gauge 3 hM•e and grourdea Two (2n were egensor cords we not allowed A) exposed ro-ox ent ealryrg retal pasts of RsRd equip of ~ere LtDre 10 be energized shal be 2,c urded 21 Payrrerl In ful must be tendered a/a"V like event ExnMars ARE NOT sled tot serrces porhOed Services ray be r0errupted r paymerl IS not TcdVCa 22 Credit will not be given toe servees rstaled and riot shed AI orders are suO)ect to a 25% cixdatyon tee If cilceled In wf fnd a" rece•Rw by Eaten IV i calendar days or less poor a Te " ocr&acted went ewe to sae Except sales tail Eden WI not reel d overpayment m err+ % less Tatar S50 00 urless spedMaly re jested ah ey" 23 If he evert is cancelled within 90 days Iom to me 1 :t cortra-mcl event maean day at orders are subled to a 25N ca•lcelasPrl fee No refunds oil be Issued for everts cancelkV or or aftr Te lrst coneathed ever{ rxy e.n day 24 Curs wtl not be comadered of aquur-res made ales% Red In Wntrp by Exhibitor Prior m 7'e chose of the them 25 Erstobw N425 Eaten rarmless for any and at losses of power beycrd Eaten s cort of hd ong. twit not Imleed to tosses dive to alley company 7)le per^ar'ert parer dlYrbutlar aLrnt. pave, talkie caused by vandlism faulty Es.Wbnor epppmetll or overloads caned t r EC1tlor 26 It Is agreed that h Tie Trent it Decor -es necessary 10 %seen cols matter aver ao an aborney nor collection, or 10 1te a ten, of breCfOWe, or cetera-V Eurvbypr all pay Eaten Rs asorney fees or apallcable agency fees 27 A sRlfce chrge of 1 51s per month on any arc vd balances *Al be assewe'd $tarag 10 cars Ater Car of choice A "OC zenrce charge all be assessed for at rearned checks and treat cards ElntRo agrees to fer'Qfse E Olen 1x all ap ikable rental Wes 2d Ex-libect here0y, agrees 10 al terms and condbons ouslrlOa on all Order lours and he Edhen Genera Data Prolec7or RegJatra-. IGOPR pleacy policy afach girl be re- verredbhL%jhO -G-. lr.c•c•-;rr -. _bo.^:- COMMONLY ASKED QUESTIONS r WHERE WILL MY OUTLET BE LOCATED? Cutlets are boated as depletdd below for Inlrte d peranuia booths Emlbltors with turd wax 1N70ths natal make , . , . . wen Elden to haling power Irsade the booth On a time and matertal badz Icy w• ..a su•.� ..,\\ uW•t. jI I A scaled boor Gan -ant % I OOOor'C r your order wtm 1 @A ~ ♦ Y ♦— mar otsmb am point.. '. .. ta%4Lng ass) O LNr4lltkr w add apse& abors a OOOd`Orerutlo'h I I � • ash. •r. . &.Am ICI \\Dk(Illlll` I\1%II'IF-I14NhkPrn\Ik I\\\IPIE-CTIIIM.PONFR rat act total rt�rsat , FOR OTHER COMMONLY ASKED QUESTIONS VISIT OUR WEBSITE ;d WWW.EDLEN.COM OR CALL THE NUMBER ON THE ELECTRICAL ORDER FORM TBCELEC.V5.FW.06.23_PG 3 CONFIDENTIAL TRADE SECRET INFORMATION EDLEN ELECTRICAL EXHIBITION SERVICES — RFP No. 23-0100