HomeMy WebLinkAboutContract 59309-R1CSC No. 59309-R1
CITY OF FORT WORTH
CONTRACT RENEWAL NOTICE
February 26, 2024
High Sierra Electronics, Inc
James Logan
General Manager
Re: Contract Renewal Notice
Contract No. CSC No. 59309 (the "Contract")
Renewal Term No. 1: May 2, 2024 to May 1, 2025
The above referenced Contract with the City of Fort Worth expires on May 1, 2024 (the
"Expiration Date"). Pursuant to the terms Contract, the Contract may be renewed by the mutual
consent of the parties for up to three (3) one-year renewal terms. This letter will memorialize the
collective desire of the parties to renew the Contract for its first renewal term, which will begin
immediately after the Expiration Date. All other terms and conditions of the Contract remain
unchanged. Please return this signed acknowledgement letter to the address set forth below
acknowledging receipt of the Contract Renewal Notice.
Please log onto PeopleSoft Purchasing at http://fortworthtexas.aov/purchasing to insure
that your company information is correct and up-to-date.
If you have any questions concerning this Contract Renewal Notice, please contact me at
the telephone number listed below.
Sincerely,
Fordham McElroy
Management Analyst II
817-392-6573
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Contract Renewal Page 1 of 2
CSC No.
ACCEPTED AND AGREED:
CITY OF FORT WORTH
By: C>�
Name: Jesica L. McEachern
Title: Assistant City Manager
APPROVAL RECOMMENDED:
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By: Lauren Prieur (Apr 19, 2024 13:55 CDT)
Name: Lauren Prieur
Title: Transportation and Public Works Director
ATTEST:
By:
Name: Jannette Goodall
Title: City Secretary
High Sierra Electronics, Inc
By:
Name: James Logan
Title: General Manager
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CONTRACT COMPLIANCE MANAGER:
By signing I acknowledge that I am the person
responsible for the monitoring and administration
of this contract, including ensuring all
performance and reporting requirements.
By:
Name: Fordham McElroy
Title: Management Analyst II
APPROVED AS TO FORM AND LEGALITY:
By: U U
Name: Jeremy Anato Mensah
Title: Assistant City Attorney
CONTRACT AUTHORIZATION:
M&C:
Date Approved:
Form 1295 Certification No.:
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Contract Renewal Page 2 of 2
City Secretary Contract No.
59309
FORT WORTH
"111111"00 11 , "
VENDOR SERVICES AGREEMENT
This VENDOR SERVICES AGREEMENT ("Agreement") is made and entered into by and
between the CITY OF FORT WORTH ("City"), a Texas home rule municipal corporation, acting by and
through its duly authorized Assistant City Manager, and High Sierra Electronics, Inc. ("Vendor"), and acting
by and through its duly authorized representative, each individually referred to as a "party" and collectively
referred to as the "parties."
1. Scope of Services. Annual agreement for advance flood warning system maintenance
repair and installation ("Services"), which are set forth in more detail in Exhibit "A," attached hereto and
incorporated herein for all purposes.
Term. This Agreement shall begin on the Effective Date, as established herein, and shall expire
one year therefrom, unless terminated earlier in accordance with this Agreement. City shall have the option,
in its sole discretion, to renew this Agreement under the same terms and conditions, for up to three one-
year renewal options.
2.
3. Compensation. City will pay Vendor in accordance with the provisions of this Agreement,
including Exhibit "A," which is attached hereto and incorporated herein for all purposes. Total
compensation under this Agreement is based on price per unit and will not exceed forty-nine thousand
five hundred Dollars ($49,500) Vendor will not perform any additional services or bill for expenses
incurred for City not specified by this Agreement unless City requests and approves in writing the additional
costs for such services. City will not be liable for any additional expenses of Vendor not specified by this
Agreement unless City first approves such expenses in writing.
4. Termination.
4.1. Written Notice. City or Vendor may terminate this Agreement at any time and for
any reason by providing the other party with 30 days' written notice of termination.
4.2 Non -appropriation of Funds. In the event no funds or insufficient funds are
appropriated by City in any fiscal period for any payments due hereunder, City will notify Vendor
of such occurrence and this Agreement will terminate on the last day of the fiscal period for which
appropriations were received without penalty or expense to City of any kind whatsoever, except as
to the portions of the payments herein agreed upon for which funds have been appropriated.
4.3 Duties and Oblieations of the Parties. In the event that this Agreement is
terminated prior to the Expiration Date, City will pay Vendor for services actually rendered up to
the effective date of termination and Vendor will continue to provide City with services requested
by City and in accordance with this Agreement up to the effective date of termination. Upon
termination of this Agreement for any reason, Vendor will provide City with copies of all
Vendor Services Agreement Page 1 of 14
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
completed or partially completed documents prepared under this Agreement. In the event Vendor
has received access to City Information or data as a requirement to perform services hereunder,
Vendor will return all City provided data to City in a machine-readable format or other format
deemed acceptable to City.
5. Disclosure of Conflicts and Confidential Information.
5.1 Disclosure of Conflicts. Vendor hereby warrants to City that Vendor has made full
disclosure in writing of any existing or potential conflicts of interest related to Vendor's services
under this Agreement. In the event that any conflicts of interest arise after the Effective Date of this
Agreement, Vendor hereby agrees immediately to make full disclosure to City in writing.
5.2 Confidential Information. Vendor, for itself and its officers, agents and employees,
agrees that it will treat all information provided to it by City ("City Information") as confidential
and will not disclose any such information to a third party without the prior written approval of
City.
5.3 Public Information Act. City is a government entity under the laws of the State of
Texas and all documents held or maintained by City are subject to disclosure under the Texas Public
Information Act. In the event there is a request for information marked Confidential or Proprietary,
City will promptly notify Vendor. It will be the responsibility of Vendor to submit reasons objecting
to disclosure. A determination on whether such reasons are sufficient will not be decided by City,
but by the Office of the Attorney General of the State of Texas or by a court of competent
jurisdiction.
5.4 Unauthorized Access. Vendor must store and maintain City Information in a secure
manner and will not allow unauthorized users to access, modify, delete or otherwise corrupt City
Information in any way. Vendor must notify City immediately if the security or integrity of any
City Information has been compromised or is believed to have been compromised, in which event,
Vendor will, in good faith, use all commercially reasonable efforts to cooperate with City in
identifying what information has been accessed by unauthorized means and will fully cooperate
with City to protect such City Information from further unauthorized disclosure.
6. Riaht to Audit. Vendor agrees that City will, until the expiration of three (3) years after
final payment under this Agreement, or the final conclusion of any audit commenced during the said three
years, have access to and the right to examine at reasonable times any directly pertinent books, documents,
papers and records, including, but not limited to, all electronic records, of Vendor involving transactions
relating to this Agreement at no additional cost to City. Vendor agrees that City will have access during
normal working hours to all necessary Vendor facilities and will be provided adequate and appropriate work
space in order to conduct audits in compliance with the provisions of this section. City will give Vendor
reasonable advance notice of intended audits.
7. Independent Contractor. It is expressly understood and agreed that Vendor will operate
as an independent contractor as to all rights and privileges and work performed under this Agreement, and
not as agent, representative or employee of City. Subject to and in accordance with the conditions and
provisions of this Agreement, Vendor will have the exclusive right to control the details of its operations
and activities and be solely responsible for the acts and omissions of its officers, agents, servants,
employees, Vendors, and subcontractors. Vendor acknowledges that the doctrine of respondeat superior
will not apply as between City, its officers, agents, servants and employees, and Vendor, its officers, agents,
employees, servants, contractors, and subcontractors. Vendor further agrees that nothing herein will be
Vendor Services Agreement Page 2 of 14
construed as the creation of a partnership or joint enterprise between City and Vendor. It is further
understood that City will in no way be considered a Co -employer or a Joint employer of Vendor or any
officers, agents, servants, employees, contractors, or subcontractors. Neither Vendor, nor any officers,
agents, servants, employees, contractors, or subcontractors of Vendor will be entitled to any employment
benefits from City. Vendor will be responsible and liable for any and all payment and reporting of taxes on
behalf of itself, and any of its officers, agents, servants, employees, contractors, or contractors.
8. Liability and Indemnification.
8.1 LIABILITY - VENDOR WILL BE LIABLE AND RESPONSIBLE FOR ANY
AND ALL PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY,
INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER,
WHETHER REAL OR ASSERTED, TO THE EXTENT CAUSED BY THE NEGLIGENT
ACT(S) OR OMISSION(S), MALFEASANCE OR INTENTIONAL MISCONDUCT OF
VENDOR, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, OR
SUBCONTRACTORS.
8.2 GENERAL INDEMNIFICATION - VENDOR HEREBY COVENANTS AND
AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS,
AGENTS, SERVANTS AND EMPLOYEES, FROMAND AGAINST ANYAND ALL CLAIMS
OR LAWSUITS OFANYKIND OR CHARACTER, WHETHER REAL OR ASSERTED, FOR
EITHER PROPERTYDAMAGE OR LOSS (INCLUDINGALLEGED DAMAGE OR LOSS TO
VENDOR'S BUSINESS AND ANY RESULTING LOST PROFITS) AND/OR PERSONAL
INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, ARISING OUT OF OR IN
CONNECTION WITH THIS AGREEMENT, TO THE EXTENT CAUSED BY THE
NEGLIGENT ACTS OR OMISSIONS OR MALFEASANCE OF VENDOR, ITS OFFICERS,
AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, OR SUBCONTRACTORS.
8.3 INTELLECTUAL PROPERTY INDEMNIFICATION — Vendor agrees to
defend, settle, or pay, at its own cost and expense, any claim or action against City for
infringement of any patent, copyright, trade mark, trade secret, or similar property right
arising from City's use of the software and/or documentation in accordance with this
Agreement, it being understood that this agreement to defend, settle or pay will not apply if
City modifies or misuses the software and/or documentation. So long as Vendor bears the
cost and expense of payment for claims or actions against City pursuant to this section,
Vendor will have the right to conduct the defense of any such claim or action and all
negotiations for its settlement or compromise and to settle or compromise any such claim;
however, City will have the right to fully participate in any and all such settlement,
negotiations, or lawsuit as necessary to protect City's interest, and City agrees to cooperate
with Vendor in doing so. In the event City, for whatever reason, assumes the responsibility
for payment of costs and expenses for any claim or action brought against City for
infringement arising under this Agreement, City will have the sole right to conduct the
defense of any such claim or action and all negotiations for its settlement or compromise and
to settle or compromise any such claim; however, Vendor will fully participate and cooperate
with City in defense of such claim or action. City agrees to give Vendor timely written notice
of any such claim or action, with copies of all papers City may receive relating thereto.
Notwithstanding the foregoing, City's assumption of payment of costs or expenses will not
eliminate Vendor's duty to indemnify City under this Agreement. If the software and/or
documentation or any part thereof is held to infringe and the use thereof is enjoined or
restrained or, if as a result of a settlement or compromise, such use is materially adversely
Vendor Services Agreement Page 3 of 14
restricted, Vendor will, at its own expense and as City's sole remedy, either: (a) procure for
City the right to continue to use the software and/or documentation; or (b) modify the
software and/or documentation to make it non -infringing, provided that such modification
does not materially adversely affect City's authorized use of the software and/or
documentation; or (c) replace the software and/or documentation with equally suitable,
compatible, and functionally equivalent non -infringing software and/or documentation at no
additional charge to City; or (d) if none of the foregoing alternatives is reasonably available
to Vendor terminate this Agreement, and refund all amounts paid to Vendor by City,
subsequent to which termination City may seek any and all remedies available to City under
law.
Assignment and Subcontracting.
9.1 Assi2nment. Vendor will not assign or subcontract any of its duties, obligations
or rights under this Agreement without the prior written consent of City. If City grants consent to
an assignment, the assignee will execute a written agreement with City and Vendor under which
the assignee agrees to be bound by the duties and obligations of Vendor under this Agreement.
Vendor will be liable for all obligations of Vendor under this Agreement prior to the effective date
of the assignment.
9.2 Subcontract. If City grants consent to a subcontract, the subcontractor will execute
a written agreement with Vendor referencing this Agreement under which subcontractor agrees to
be bound by the duties and obligations of Vendor under this Agreement as such duties and
obligations may apply. Vendor must provide City with a fully executed copy of any such
subcontract.
10. Insurance. Vendor must provide City with certificate(s) of insurance documenting
policies of the following types and minimum coverage limits that are to be in effect prior to commencement
of any Services pursuant to this Agreement:
10.1 Coverage and Limits
(a) Commercial General Liability:
$1,000,000 - Each Occurrence
$2,000,000 - Aggregate
(b) Automobile Liability:
$1,000,000 - Each occurrence on a combined single limit basis
Coverage will be on any vehicle used by Vendor, or its employees, agents, or
representatives in the course of providing Services under this Agreement. "Any
vehicle" will be any vehicle owned, hired and non -owned.
(c) Worker's Compensation:
Statutory limits according to the Texas Workers' Compensation Act or any other
state workers' compensation laws where the Services are being performed
Vendor Services Agreement Page 4 of 14
Employers' liability
$100,000 -
Bodily Injury by accident; each accident/occurrence
$100,000 -
Bodily Injury by disease; each employee
$500,000 -
Bodily Injury by disease; policy limit
(d) Professional Liability (Errors & Omissions): ❑ Applicable ❑ N/A
$1,000,000 - Each Claim Limit
$1,000,000 - Aggregate Limit
Professional Liability coverage may be provided through an endorsement to the
Commercial General Liability (CGL) policy, or a separate policy specific to
Professional E&O. Either is acceptable if coverage meets all other requirements.
Coverage must be claims -made, and maintained for the duration of the contractual
agreement and for two (2) years following completion of services provided. An
annual certificate of insurance must be submitted to City to evidence coverage.
10.2 General Requirements
(a) The commercial general liability and automobile liability policies must
name City as an additional insured thereon, as its interests may appear. The term
City includes its employees, officers, officials, agents, and volunteers in respect to
the contracted services.
(b) The workers' compensation policy must include a Waiver of Subrogation
(Right of Recovery) in favor of City.
(c) A minimum of Thirty (30) days' notice of cancellation or reduction in
limits of coverage must be provided to City. Ten (10) days' notice will be
acceptable in the event of non-payment of premium. Notice must be sent to the
Risk Manager, City of Fort Worth, 200 Texas Street, Fort Worth, Texas 76102,
with copies to the Fort Worth City Attorney at the same address.
(d) The insurers for all policies must be licensed and/or approved to do
business in the State of Texas. All insurers must have a minimum rating of A- VII
in the current A.M. Best Key Rating Guide, or have reasonably equivalent financial
strength and solvency to the satisfaction of Risk Management. If the rating is
below that required, written approval of Risk Management is required.
(e) Any failure on the part of City to request required insurance
documentation will not constitute a waiver of the insurance requirement.
(f) Certificates of Insurance evidencing that Vendor has obtained all required
insurance will be delivered to the City prior to Vendor proceeding with any work
pursuant to this Agreement.
11. Compliance with Laws, Ordinances, Rules and Regulations. Vendor agrees that in the
performance of its obligations hereunder, it will comply with all applicable federal, state and local laws,
ordinances, rules and regulations and that any work it produces in connection with this Agreement will also
Vendor Services Agreement Page 5 of 14
comply with all applicable federal, state and local laws, ordinances, rules and regulations. If City notifies
Vendor of any violation of such laws, ordinances, rules or regulations, Vendor must immediately desist
from and correct the violation.
12. Non -Discrimination Covenant. Vendor, for itself, its personal representatives, assigns,
contractors, subcontractors, and successors in interest, as part of the consideration herein, agrees that in the
performance of Vendor's duties and obligations hereunder, it will not discriminate in the treatment or
employment of any individual or group of individuals on any basis prohibited by law. IF ANY CLAIM
ARISES FROM AN ALLEGED VIOLATION OF THIS NON-DISCRIMINATION COVENANT
BY VENDOR, ITS PERSONAL REPRESENTATIVES, ASSIGNS, CONTRACTORS,
SUBCONTRACTORS, OR SUCCESSORS IN INTEREST, VENDOR AGREES TO ASSUME
SUCH LIABILITY AND TO INDEMNIFY AND DEFEND CITY AND HOLD CITY HARMLESS
FROM SUCH CLAIM.
13. Notices. Notices required pursuant to the provisions of this Agreement will be
conclusively determined to have been delivered when (1) hand -delivered to the other party, its agents,
employees, servants or representatives, (2) delivered by facsimile with electronic confirmation of the
transmission, or (3) received by the other party by United States Mail, registered, return receipt requested,
addressed as follows:
To CITY:
City of Fort Worth
Attn: Assistant City Manager
200 Texas Street
Fort Worth, TX 76102-6314
Facsimile: (817) 392-8654
With copy to Fort Worth City Attorney's Office at
same address
To VENDOR:
High Sierra Electronics, Inc
James Logan, General Manager
155 Spring Hill Drive, Suite 106
Grass Valley, CA 95945, USA
14. Solicitation of Emplovees. Neither City nor Vendor will, during the term of this
Agreement and additionally for a period of one year after its termination, solicit for employment or employ,
whether as employee or independent contractor, any person who is or has been employed by the other
during the term of this Agreement, without the prior written consent of the person's employer.
Notwithstanding the foregoing, this provision will not apply to an employee of either party who responds
to a general solicitation of advertisement of employment by either party.
15. Governmental Powers. It is understood and agreed that by execution of this Agreement,
City does not waive or surrender any of its governmental powers or immunities.
16. No Waiver. The failure of City or Vendor to insist upon the performance of any term or
provision of this Agreement or to exercise any right granted herein does not constitute a waiver of City's or
Vendor's respective right to insist upon appropriate performance or to assert any such right on any future
occasion.
17. Governing Law / Venue. This Agreement will be construed in accordance with the laws
of the State of Texas. If any action, whether real or asserted, at law or in equity, is brought pursuant to this
Vendor Services Agreement Page 6 of 14
Agreement, venue for such action will lie in state courts located in Tarrant County, Texas or the United
States District Court for the Northern District of Texas, Fort Worth Division.
18. Severability. If any provision of this Agreement is held to be invalid, illegal or
unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be
affected or impaired.
19. Force Maieure. City and Vendor will exercise their best efforts to meet their respective
duties and obligations as set forth in this Agreement, but will not be held liable for any delay or omission
in performance due to force majeure or other causes beyond their reasonable control, including, but not
limited to, compliance with any government law, ordinance, or regulation; acts of God; acts of the public
enemy; fires; strikes; lockouts; natural disasters; wars; riots; epidemics or pandemics; government action
or inaction; orders of government; material or labor restrictions by any governmental authority;
transportation problems; restraints or prohibitions by any court, board, department, commission, or agency
of the United States or of any States; civil disturbances; other national or regional emergencies; or any other
similar cause not enumerated herein but which is beyond the reasonable control of the Party whose
performance is affected (collectively, "Force Majeure Event"). The performance of any such obligation is
suspended during the period of, and only to the extent of, such prevention or hindrance, provided the
affected Party provides notice of the Force Majeure Event, and an explanation as to how it prevents or
hinders the Party's performance, as soon as reasonably possible after the occurrence of the Force Majeure
Event, with the reasonableness of such notice to be determined by the City in its sole discretion. The notice
required by this section must be addressed and delivered in accordance with Section 13 of this Agreement.
20. Headings not Controlling. Headings and titles used in this Agreement are for reference
purposes only, will not be deemed a part of this Agreement, and are not intended to define or limit the scope
of any provision of this Agreement.
21. Review of Counsel. The parties acknowledge that each party and its counsel have
reviewed and revised this Agreement and that the normal rules of construction to the effect that any
ambiguities are to be resolved against the drafting party will not be employed in the interpretation of this
Agreement or Exhibits A, B, and C.
22. Amendments / Modifications / Extensions. No amendment, modification, or extension
of this Agreement will be binding upon a party hereto unless set forth in a written instrument, which is
executed by an authorized representative of each party.
23. Counterparts. This Agreement may be executed in one or more counterparts and each
counterpart will, for all purposes, be deemed an original, but all such counterparts will together constitute
one and the same instrument.
24. Warranty of Services. Vendor warrants that its services will be of a high quality and
conform to generally prevailing industry standards. City must give written notice of any breach of this
warranty within thirty (30) days from the date that the services are completed. In such event, at Vendor's
option, Vendor will either (a) use commercially reasonable efforts to re -perform the services in a manner
that conforms with the warranty, or (b) refund the fees paid by City to Vendor for the nonconforming
services.
25. ImmiEration Nationalitv Act. Vendor must verify the identity and employment eligibility
of its employees who perform work under this Agreement, including completing the Employment
Eligibility Verification Form (I-9). Upon request by City, Vendor will provide City with copies of all I-9
Vendor Services Agreement Page 7 of 14
forms and supporting eligibility documentation for each employee who performs work under this
Agreement. Vendor must adhere to all Federal and State laws as well as establish appropriate procedures
and controls so that no services will be performed by any Vendor employee who is not legally eligible to
perform such services. VENDOR WILL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM
ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH
BY VENDOR, VENDOR'S EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, OR
AGENTS. City, upon written notice to Vendor, will have the right to immediately terminate this Agreement
for violations of this provision by Vendor.
26. Ownership of Work Product. City will be the sole and exclusive owner of all reports,
work papers, procedures, guides, and documentation that are created, published, displayed, or produced in
conjunction with the services provided under this Agreement (collectively, "Work Product"). Further, City
will be the sole and exclusive owner of all copyright, patent, trademark, trade secret and other proprietary
rights in and to the Work Product. Ownership of the Work Product will inure to the benefit of City from
the date of conception, creation or fixation of the Work Product in a tangible medium of expression
(whichever occurs first). Each copyrightable aspect of the Work Product will be considered a "work -made -
for -hire" within the meaning of the Copyright Act of 1976, as amended. If and to the extent such Work
Product, or any part thereof, is not considered a "work -made -for -hire" within the meaning of the Copyright
Act of 1976, as amended, Vendor hereby expressly assigns to City all exclusive right, title and interest in
and to the Work Product, and all copies thereof, and in and to the copyright, patent, trademark, trade secret,
and all other proprietary rights therein, that City may have or obtain, without further consideration, free
from any claim, lien for balance due, or rights of retention thereto on the part of City.
27. Signature Authoritv. The person signing this Agreement hereby warrants that they have
the legal authority to execute this Agreement on behalf of the respective party, and that such binding
authority has been granted by proper order, resolution, ordinance or other authorization of the entity. This
Agreement and any amendment hereto, may be executed by any authorized representative of Vendor. Each
party is fully entitled to rely on these warranties and representations in entering into this Agreement or any
amendment hereto.
28. Chancre in Companv Name or Ownership. Vendor must notify City's Purchasing
Manager, in writing, of a company name, ownership, or address change for the purpose of maintaining
updated City records. The president of Vendor or authorized official must sign the letter. A letter indicating
changes in a company name or ownership must be accompanied with supporting legal documentation such
as an updated W-9, documents filed with the state indicating such change, copy of the board of director's
resolution approving the action, or an executed merger or acquisition agreement. Failure to provide the
specified documentation so may adversely impact future invoice payments.
29. No Bovcott of Israel. If Vendor has fewer than 10 employees or this Agreement is for
less than $100,000, this section does not apply. Vendor acknowledges that in accordance with Chapter
2271 of the Texas Government Code, the City is prohibited from entering into a contract with a company
for goods or services unless the contract contains a written verification from the company that it: (1) does
not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel"
and "company" has the meanings ascribed to those terms in Section 2271 of the Texas Government Code.
By signing this Agreement, Vendor certifies that Vendor's signature provides written verification to
the City that Vendor: (1) does not boycott Israel; and (2) will not boycott Israel during the term of
the Agreement.
30. Prohibition on Bovcottin2 Ener2v Companies. Vendor acknowledges that in accordance
with Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2,
Vendor Services Agreement Page 8 of 14
the City is prohibited from entering into a contract for goods or services that has a value of $100,000 or
more that is to be paid wholly or partly from public funds of the City with a company with 10 or more full-
time employees unless the contract contains a written verification from the company that it: (1) does not
boycott energy companies; and (2) will not boycott energy companies during the term of the contract. The
terms "boycott energy company" and "company" have the meaning ascribed to those terms by Chapter
2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2. To the extent
that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement,
Vendor certifies that Vendor's signature provides written verification to the City that Vendor: (1) does not
boycott energy companies; and (2) will not boycott energy companies during the term of this Agreement.
31. Prohibition on Discrimination Against Firearm and Ammunition Industries. Vendor
acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government Code, as added
by Acts 2021, 87th Leg., R.S., S.B. 19, § 1, the City is prohibited from entering into a contract for goods or
services that has a value of $100,000 or more that is to be paid wholly or partly from public funds of the
City with a company with 10 or more full-time employees unless the contract contains a written verification
from the company that it: (1) does not have a practice, policy, guidance, or directive that discriminates
against a firearm entity or firearm trade association; and (2) will not discriminate during the term of the
contract against a firearm entity or firearm trade association. The terms "discriminate," "firearm entity"
and "firearm trade association" have the meaning ascribed to those terms by Chapter 2274 of the Texas
Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1. To the extent that Chapter 2274
of the Government Code is applicable to this Agreement, by signing this Agreement, Vendor certifies that
Vendor's signature provides written verification to the City that Vendor: (1) does not have a practice, policy,
guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will
not discriminate against a firearm entity or firearm trade association during the term of this Agreement.
32. Electronic Signatures. This Agreement may be executed by electronic signature, which
will be considered as an original signature for all purposes and have the same force and effect as an original
signature. For these purposes, "electronic signature" means electronically scanned and transmitted versions
(e.g. via pdf file or facsimile transmission) of an original signature, or signatures electronically inserted via
software such as Adobe Sign.
33. Entirety of Agreement. This Agreement contains the entire understanding and agreement
between City and Vendor, their assigns and successors in interest, as to the matters contained herein. Any
prior or contemporaneous oral or written agreement is hereby declared null and void to the extent in conflict
with any provision of this Agreement.
(signature page follows)
Vendor Services Agreement Page 9 of 14
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiples.
CITY OF FORT WORTH:
CONTRACT COMPLIANCE MANAGER:
By signing I acknowledge that I am the person
o,��� responsible for the monitoring and administration of
William Johnson (M 2, 2023 09:55 CDT) this contract, including ensuring all performance and
By.
Name: William Johnson reporting requirements.
Title: Assistant City Manager
Date: 05 02 220 23 By:
Name: Fordham McElroy
APPROVAL RECOMMENDED: Title: Management Analyst II
APPROVED AS TO FORM AND LEGALITY:
By: Lauren Prieur (Apr 24, 2023 22:04 CDT)
Name:
Lauren Prieur
t/ n'v'k
Title:
Transportation & Public Works Director
By:
Name: Jeremy Anato Mensah
ATTEST:
4 4OIl°�
�ORT�dd
Title: Assistant City Attorney
Od
v°
g °dd
$_°
CONTRACT AUTHORIZATION:
M&C: n/a
By:
Form 1295:
Name:
Jannette Goodall
Title:
City Secretary
VENDOR:
High Sierra Electronics, Inc.
�7aw pllf Lagah
By: James Logan (Apr �4, 2023 08:06 MDT)
Name: James Logan
Title: General Manager
Date:
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Vendor Services Agreement Page 10 of 14
City 3ec1 Lthr y Contract No.
EXHIBIT A
SCOPE OF SERVICES
r.',a--- ! No
Description
Price
10-11363-01
Precipitation quick Disconnect Cable. Includes 2S' Signal Cable with MS and Molex
Connectors.
Cable Assembly, 12' Solar Panel Power.
$ 77,30
1D-11363-01
5 4900
2400-03
Tipping Bucket Mechanism with 25' Signal Cable with Molex quick Disconnect
Cable and MS -Connector. Cal. 1mmTip
Rain Gauge Top Section for Slotted Standpipe (12 Diameter). Includes Tipping
Bucket Mechanism and 25 Signal Cable with MS -Connector. (Cal. ImmTip)
$ 344 CYi
2400-15
$ 954.CL
Bubble Level.
$ 1150
3302Series
ALERT2 RepeaterConcentrator; Includes: Ethernet Output and Serial Console Ports,
External Battery Cable, AC Power Supply, and Ritron Radios in a 2U Rack Mount
Enclosure
A:ERT2 Data Transmitter Series Circuit Board Assembly, Includes. GUI and 16 GS
Removable Memory.
$ 10,32500
330b-i11A2
$ 1,500.00
3306-09
Enhanced ALER12 Encoder Board.
$ 1,15000
3316-02
,%LERT2 Data Transmitter, (b) Analog,15) Digital and SDI-12 inputs, Data Logging
with 16 G8 SD Card, VHF 148 to 174 MHz Radio,12 V 12 Amp Hr Battery, in 10 x 8 x
6 in NEMA Enclosure.
ALERT2 Base Station Transceiver; Includes; HSE 2U DesktopRack Mount Enclosure,
Encoder and Decoder Subsystems w/RSSI Indicator, VHF 148 to 174 MHz Radio.
$ 3,000-OD
3345.24
$ 5,240.0D
3512-W
HydrolRet Data Logger with Analog, Digital, S01.12 & Wind Inputs. Includes 1(YGB
SO Flash Memory Card.
-%UV2 HydioMet Controller (Master or Remote) Assembly Mounted on L-Panel.
$ 1,683-00
5 4.54900
3582-30
3582-34
ALERT2 HydroMet Controller (Remote) Assembly for use with Barrier Gate
Operator Mounted on L-Panel.
Glue Board CCA 10-13446-01.
transceiver, Maxon VHF 148-174MHz.
$ 4,649.00
3582-FRU01
$ 950.0D
3701-00
$ 500.00
3701-15
Transceiver Programming Kit, Maxon; includes. Tecnet Cable, Software, and
Manual.
transceiver, Ritron VHF 148-174MHz. _ _
Ritron Radio Programming Kit (with cables and software).
$ 217.00
3704-00
$ 149.0D
3702-02
$ 177 00
Vendor Services AgLeee,1+ ur Page I of 14
Output Converter, Includes. SDI-12 to Analog Output, Programmable Firmware,
4015-01
and 3 in DIN Rail.
S
279.OD
Program Cable IRS232 to SDI-12), Includes. 3 ft Cable with 9-Pm Serial Connector
4021-01
and (3) Spade Lug Connectors and Software
S
62A0
Sensor Interface (SDI-12); Includes. (2) Analog and (11 Contact Closure Inputs, and
4046-01
SOI-12 Output on 3 in DIN -Rail
$
279.00
5306-01
Solar Panel (3 Amp 55 W); Includes. 25 ft Cable, Mounting Bracket for 4 in Pole.
$
710.00
Solar Panel (640 mA 10 W), Includes. 13.7 V Output Voltage Regulator, 12 ft Power
5307-01 Cable with 3- pin MS Connector, 25 ft Cable, Mounting Bracket, and Hardware. $ 336.OD
5308-01
Solar Panel (90 W); Includes. 25 ft Cable, Mounting Bracket for 4 in to 6 in Pole.
$
761.00
5309-00
Solar Panel (120 W); Includes. 25 ft Cable, Mounting Bracket and hardware.
$
909.OD
5309-01
Solar Panel (140W), includes. 25 ft Cable, Mounting Bracket, and Hardware.
$
931.OD
5310-M
3 Amp Solar Voltage Regulator.
S
43.OD
10 Amp Solar Charger & Load Control Dewce vnth MPPT, Overload Protection,
5315-01
Night Dimming and Remote Set-up Monitoring (RS-232).
$
210.00
IceSight Remote Road Surface Condition Sensor; 30 ft Cable with 6 x 6 x 4 inch
5433-35
Breakout BOK.
$
11,186.00
5433-70
IceSight Mounting Arm for 3 to 8 in Diameter Pole.
$
256- 0
5436-12
Mobile Surface Sentinel; Includes:10 ft Power Cable and Universal Mount.
$
730.00
Surface Sentinel - fixed; SDI-12, Fan Aspiration and 33 ft Main Cable with Tinned
5439-00
Leads.
$
1,260.00
5701-10
Wiring Box (SDI-12) Use with 5701 Series.
$
160.00
Soil Moisture Probe: Includes: 2.62 ft (80 cm) 8 Depth Sensor with 16 ft Cable with
5701-18
Loose Leads_
$
1,192.00
Wind Speed and Direction Sensor; 40 ft Cable with MS Connector. Mounting
5712-00
Bracket sold separately.
S
1.263.00
5712-01
Wind Speed and Direction Mounting Arm and Hardware for Model 5712-00.
$
151.00
Barometric Pressure Sensor; 200mB span across 850-1050mB Range. 6 ) 4 x 4 in
5730-03
Enclosure, 12 ft Signal Cable with MS Connector.
$
683_OD
5940-02
Cabinet Saddle Brackets (pair) for 4" Spun Aluminum Pole_ Includes U-Bolts.
S
119.OD
5950-02
Telemetry Cabinet (only) with Rain Gauge Adapater.
$
1,039.OD
Telemetry Cabinet Kit (26"x17'x16") with Rain Gauge Adapter, 3-Pant Security
595"2 Kit
Latch, Key Lock, 8' 6' Antenna Mast & Cover.
$
1,811.0D
Vendor Services Agreement Page 12 of 14
15 PSI Pressure Transducer with 35' of Submersible Cable. includes Desiccant Box,
6640-00
Signal Conditioning Module, 12' Signal Cable.
$ 1,208-05
6640-01
Additional Submersible Cable. (price per foot)
$ 2.63
Pressure Transducer (15 psi); Includes:0 to 5 Voh Output. Sensor with 35'
6640-03
Submersible Cable. (No desiccant box or signal conditioning)
$ 853.05
Pressure Transducer Interface Converter to Calibrate 6640 Series PT with USB
6640-15
Cable.
$ 262.00
15 PSI Pressure Transducer with SDI-12, Submersible Cable, Desiccant Box I6x64),
6643-W
Terminal Block, and 12 Signal Cable_ includes 35' Submersible Cable.
$ 1.399.00
15 PSI Pressure Transducer with SDI-12. Sensor with 35' Submersible Cable. (No
6643-01
dessKant box or signal conditioning)
$ 1,163.00
Standpipe Replacement Door, Includes. Latch Gasket, Rubber Door Gasket and
7DW-08
Locking Latch with Key.
$ 188.00
Standpipe Assembly with Door and Key Lock. Includes Model 711D-00 Omni
Antenna, Antenna Cable Assembly, loft Antenna Mast and Cover, Slotted Rain
1000-14
Gauge Mount, and 14ft Pull Rope.
$ 1,335.00
7000.56
Standpipe Door Lock with 2 Keys.
$ 65.W
7D01-00
Standpipe Spun Cap Cover. (Slotted)
$ 91.00
7101-00
Antenna (Omni) with VHF 6 dB Directional High Gain, 11 ft length.
$ 1.245.00
71as-04
Antenna (Magi) with VHF 7.1 dB Directional High Gain,166 to 174 MHz.
$ 362.00
1110.00
Omni Antenna, VHF 169.173 MHz, 3d8 Gain.
$ 116.00
GPS Antenna Kit for Cabinet, No LPD; S' RG58 Antenna Cable T%C to N-Type, 7131-
7135-12
W Antenna, 7133-00 Mounting Bracket.
$ 273.00
Antenna Cable (RGSBj, Includes.12 ft RG58 Cable with IM) PL-159 and IM) N-Type
Connectors, 10.8 ft RG58 Cable with (M) BNC and (M) N-Type Connectors. Use for
7150412
Model 71007110 with existing Lightning Protection.
$ 79.00
Antenna Cable (RGSSI; includes. 13 rt RG58 Cable with (M) N-Type Connectors,
10.8 ft RG58 Cable with (M) BNC and IM) N-Type Connectors. Use for Model 7105
7150-03
with existing Lightning Protection.
$ 79.00
Antenna Cable (RG58 to RG8j; Incudes. 50 ft RG8 Cable with (M) 4-Type and )M)
PL-259 Connectors, 10-9 ft RG58 Cable with IM) BNC and (MI N-Type Connectors.
7150-12
Use for Model 71007110 with existing ughtning Protection.
$ 258.00
7200-M
Antenna Lightning Protector ('ion -Rotated), N-T vpe F both sides-
$ 112.00
7200-02
Antenna Lightning Protector (Rotated) for Standpipe Mount_ N-Type F both ends.
$ 112-00
7300-02
Antenna Mast, 8.5' x 1 1/4".
S 61.00
7307-01
Antenna Mast Bolt -On Bracket for Flat Surface Cabinet.
$ 418.00
Vendor Services Agreement Page 13 of 14
7307-02
Antenna bast Cover for Traffic Cabinet.
$ 129.00
7410-12
4 Vandal Cones for Cabint U-Bofts.
$ 45.00
OneRain 5tormUnk IQ Receiver Bundle w/ Rugged Case, ALERT/ALERT2 Field
8440-00
Decoder. Decoder software Incensed to a single computer, first year.
$ 1.100.00
OneRain StormUnk IQ Receiver 4-Pack Bundle w/Rugged Case, Contrail
9440.40
ALERTALERT2 Field Decoder. Each Decoder software Incensed to a single computer
$ 3,400M
Barrier Gate Operator, Yellow, Gearbox Operator, APEX Controller, 25 ft Wishbone
Arm, AC or 14 VDC Operation. Requires Concrete Foundation_ Use with Model
9080-00
9080-01 BGOIU.
S 10.448.00
Barrier Gate Operator Interface Unit (BGOIU). includes HSE BGO Interface
Controller, 5830-03 Aurora Gate Arm Beacon and Parts Kit, and (2) 12 V 18 Amp Hr
Batteries. Unit supports local One -Button Control for local activation or
9080-01
deactivation.
$ 2,411.00
9080.12
APEX controller for Barrier Gate Operator.
$ 1,000.00
9080-25
Barrier Gate Operator Replacement Gate, 25 ft with Hardware Kit
$ 783.00
Loop Detector
Multi -voltage Loop Detector,11-Pin Socket with 3' Wire, Pre -Formed Loop (4'x10')
Kit
with 50' lead -In Cable.
$ 750.00
5100080A
Push Button Assembly for Gate Control W.
$ 55.00
52000808
Push Button Assembly for Gate Control'B".
S 55.00
SDI-Radar-NIC
Radar Stage Sensor, SDI, 35m range, MS-Connecor.
$ 2,795.DD
Field Service Technician (price per hour) Note. Does not include mobilization or
FS-Tech
daily per diem.
$ 14250
Sensor Field Service Technician (price per hour) Note. Does not include
FS-Tech Sr
mobilization or daily per diem_
S 15LOD
Repair Depot
Repair Depot at HSE Cahfornia facility. (price per hour)
$ 92.00
Signature:��
Email: Ranjan.Muttiah@fortworthtexas.gov
Signature: �7n auk
Email: Jennifer.Dyke@fortworthtexas.gov
Signature:5�`
Email: allison.tidwell@fortworthtexas.gov
Signature:
Email: Stephen.Nichols@fortworthtexas.gov
Signature: �_' P
Email: Ronald.Gonzales@fortworthtexas.gov
Vendor Services Agreement Page 14 of 14
FORT WORTH
Routing and Transmittal Slip
TPW Stormwater Management
DOCUMENT TITLE: Vendor Services Agreement- High Sierra Electronics
M&C: CPN
CSO DOC#
Remarks: Annual agreement for advance flood warning system maintenance repair and installation
in the amount of $49,500.
INITIALS
1.
Ranjan Muttiah, TPW'
2.
Stephen Nichols, TPW
'S�Af
3.
Jennifer Dyke, TPW
4.
Lauren Prieur, TPW
5.
Jeremy Anato-Mensah, Legal
6.
William Johnson, CMO
7.
Ronald Gonzales, CS Office
8.
Jannette Goodall, CS Office
9.
Allison Tidwell, CS Office
-
DATE OUT
Apr24,2023
Apr24,2023
Apr24,2023
Apr24,2023
May 2, 2023
May 2, 2023
May 2, 2023
May 2, 2023
Mav 2, 2023
DOCUMENTS FOR CITY MANAGER'S SIGNATURE: All documents received from any and all City
Departments requesting City Manager's signature for approval MUST BE ROUTED TO THE
APPROPRIATE ACM for approval first. Once the ACM has signed the routing slip, David will review
and take the next steps.
NEEDS TO BE NOTARIZED: ❑ Yes X No
RUSH: ❑ Yes X No SAME DAY: ❑ Yes X No NEXT DAY: ❑ Yes X No
ROUTING TO CSO: X Yes ❑ No
Action Required:
❑ As Requested
❑ For Your Information
X Signature/Routing and or Recording
❑ Comment
❑ File
❑ Attach Signature, Initial and Notary Tabs
Return to: Please call Liz Camargo at ext.8759 for pick up when completed. Thank you.
FORT WORTH
Routing and Transmittal Slip
TPW Stormwater Management
DOCUMENT TITLE: Contract Renewal No. 1- High Sierra Electronics
M&C: CPN CSO 59309 DOC
Remarks:
Contract Renewal No.1 with High Sierra Electronics for advance flood warning system
maintenance repair and installation
DEPARTMENT
INITIALS
DATE
1.
Stephen Nichols
TPW-Initial
sti
Apr 19, 2024
2.
Jennifer M. Dyke, Asst. Dir.
TPW- Initial
19—
Apr 19, 2024
3.
Lauren Prieur, Dir.
TPW- Signature
AL.
Apr19,2024
4.
Jeremy Anato Mensah
Legal- Signature
g.
Apr26,2024
5.
Jesica McEachern
CMO
�90-
May 1, 2024
6.
Ron Gonzales
Approvers
May 1, 2024
7.
Jannette Goodall
CSO- Signature
74Y'
May 1, 2024
8.
Allison Tidwell
Form Filler
t&—
May 1, 2024
DOCUMENTS FOR CITY MANAGER'S SIGNATURE: All documents received from any and all City
Departments requesting City Manager's signature for approval MUST BE ROUTED TO THE
APPROPRIATE ACM for approval first. Once the ACM has signed the routing slip, David will review
and take the next steps.
NEEDS TO BE NOTARIZED: ❑ Yes X No
RUSH: ❑ Yes X No SAME DAY: ❑ Yes X No NEXT DAY: ❑ Yes X No
ROUTING TO CSO: X Yes ❑ No
Action Required:
❑ As Requested
❑ For Your Information
X Signature/Routing and or Recording
❑ Comment
❑ File
❑ Attach Signature, Initial and Notary Tabs
Call Ford McElroy at ext. 6547 should you have questions. Thank you.