HomeMy WebLinkAboutContract 61357CSC No. 61357
FORT WORTH.
VENDOR SERVICES AGREEMENT
This VENDOR SERVICES AGREEMENT ("Agreement") is made and entered into by and
between the CITY OF FORT WORTH ("City"), a Texas home rule municipal corporation, acting by and
through its duly authorized representative, and SUCCESS BRANDS ("Vendor"), a Missouri State
corporation 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. On an as -needed basis, Vendor will supply Adult Sport Awards to the Park
& Recreation Department for Community Center leagues and games ("Services"), which are set forth in more
detail in Exhibit "A," attached hereto and incorporated herein for all purposes.
2. Term. The initial term of this Agreement is for one (1) year, beginning on the date that this
Agreement is executed by the City's Assistant City Manager ("Effective Date"), unless terminated earlier in
accordance with this Agreement ("Initial Term"). The City will have the option, in its sole discretion, to
renew this Agreement under the same terms and conditions, for up to four (4) one-year renewal option(s)
(each a "Renewal Term").
3. Compensation.
3.1 Total compensation under this Agreement will not exceed Fifty Thousand
Dollars and Zero Cents ($50,000.00).
3.2 The City will pay Vendor in accordance with the Prompt Payment Act (Chapter
2251 of the Texas Government Code) and provisions of this Agreement, including Exhibit "B,"
which is attached hereto and incorporated herein for all purposes.
3.3 Vendor will not perform any additional services or bill for expenses incurred for the
City not specified by this Agreement unless the City requests and approves in writing the additional
costs for such services. The City will not be liable for any additional expenses of Vendor not
specified by this Agreement unless the City first approves such expenses in writing.
4. Termination.
4.1. Written Notice. The 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 the City in any fiscal period for any payments due hereunder, the City will notify
Vendor of such occurrence and this Agreement will terminate on the last day of the fiscal period for
which OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
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appropriations were received without penalty or expense to the 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 Obliaations of the Parties. In the event that this Agreement is
terminated prior to the Expiration Date, the City will pay Vendor for services actually rendered up
to the effective date of termination and Vendor will continue to provide the City with services
requested by the 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 the City with copies of
all completed or partially completed documents prepared under this Agreement. In the event
Vendor has received access to City Information or data as a requirement to perform services
hereunder, Vendor will return all City provided data to the City in a machine-readable format or
other format deemed acceptable to the City.
5. Disclosure of Conflicts and Confidential Information.
5.1 Disclosure of Conflicts. Vendor hereby warrants to the 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 the 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 the City ("City Information") as confidential
and will not disclose any such information to a third party without the prior written approval of the
City.
5.3 Public Information Act. The City is a government entity under the laws of the State
of Texas and all documents held or maintained by the City are subject to disclosure under the Texas
Public Information Act. In the event there is a request for information marked Confidential or
Proprietary, the 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 the 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 the City Information in a
secure manner and will not allow unauthorized users to access, modify, delete or otherwise corrupt
the City Information in any way. Vendor must notify the City immediately if the security or
integrity of any the 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 the City in identifying what information has been accessed by unauthorized
means and will fully cooperate with the City to protect such City Information from further
unauthorized disclosure.
6. Right to Audit. Vendor agrees that the 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 the City. Vendor agrees that the 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. The City
will give Vendor reasonable advance notice of intended audits.
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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 the 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 the City, its officers, agents, servants and employees, and Vendor, its officers, agents, employees,
servants, contractors, and subcontractors. Vendor further agrees that nothing herein will be construed as the
creation of a partnership or joint enterprise between the 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 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 the
City. Vendor will be responsible and liable for any and all payment and reporting of taxes on behalf of itself,
and any of its officers, agents, servants, employees, or contractors.
Liabilitv and Indemnification.
8.1 LIABILITY - VENDOR WILL BE LIABLE AND RESPONSIBLE FOR ANY
AND ALL PROPERTY LOSS, PROPERTY DAMAGE AND PERSONAL INJURY,
INCLUDING, BUT NOT LIMITED TO, DEATH, TO ANY AND ALL PERSONS, OF ANY
KIND OR CHARACTER, WHETHER REAL OR ASSERTED, TO THE EXTENT CAUSED
BY THE NEGLIGENT ACT(S) OR OMISSION(S), MALFEASANCE OR INTENTIONAL
MISCONDUCT OF VENDOR, ITS OFFICERS, REPRESENTATIVES, AGENTS,
SERVANTS, EMPLOYEES, CONTRACTORS, OR SUBCONTRACTORS.
8.2 GENERAL INDEMNIFICATION - VENDOR HEREBY COVENANTS AND
AGREES TO INDEMNIFY, HOLD HARMLESS, AND DEFEND
THE CITY, ITS OFFICERS, AGENTS, REPRESENTATIVES, SERVANTS, AND
EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR LAWSUITS OF ANY
KIND OR CHARACTER, WHETHER REAL OR ASSERTED, FOR EITHER PROPERTY
DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO VENDOR'S
BUSINESS AND ANY RESULTING LOST PROFITS) AND PERSONAL INJURY,
INCLUDING, BUT NOT LIMITED TO, DEATH, TO ANY AND ALL PERSONS, ARISING
O UT OF OR IN CONNECTION WITH THIS AGREEMENT, TO THE EXTENT CA USED BY
THE NEGLIGENT ACTS OR OMISSIONS OR MALFEASANCE OF VENDOR, ITS
OFFICERS, AGENTS, REPRESNTATIVES, 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 the City for
infringement of any patent, copyright, trade mark, trade secret, or similar property right arising
from the City's use of the software or documentation in accordance with this Agreement, it being
understood that this agreement to defend, settle or pay will not apply if the 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 the 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, the City will have the right to fully participate in any
and all such settlement, negotiations, or lawsuit as necessary to protect the City's interest, and the
City agrees to cooperate with Vendor in doing so. In the event the 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, the 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
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settle or compromise any such claim; however, Vendor will fully participate and cooperate with
the City in defense of such claim or action. The City agrees to give Vendor timely written notice
of any such claim or action, with copies of all papers the City may receive relating thereto.
Notwithstanding the foregoing, the City's assumption of payment of costs or expenses will not
eliminate Vendor's duty to indemnify the City under this Agreement. If the software and/or
documentation or any part thereof is held to infringe and the use thereof is enjoined or restrained
or, if as a result of a settlement or compromise, such use is materially adversely restricted, Vendor
will, at its own expense and as the City's sole remedy, either: (a) procure for the 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 the City's authorized use of the software and/or documentation; or (c) replace the
software and documentation with equally suitable, compatible, and functionally equivalent non -
infringing software and documentation at no additional charge to the 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 the City, subsequent to which termination the City may seek any and all
remedies available to the City under law.
9. Assignment and Subcontracting.
9.1 Assignment. Vendor will not assign or subcontract any of its duties, obligations
or rights under this Agreement without the prior written consent of the City. If the City grants
consent to an assignment, the assignee will execute a written agreement with the 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 the 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
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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
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 ❑ Applicable ®N/A
& Omissions):
$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 Reauirements
(a) The commercial general liability and automobile liability policies must
name City as an additional insured thereon, as its interests may appear. The term
City includes its employees, officers, officials, agents, and volunteers in respect to
the contracted services.
(b) The workers' compensation policy must include a Waiver of Subrogation
(Right of Recovery) in favor of City.
(c) A minimum of Thirty (30) days' notice of cancellation or reduction in
limits of coverage must be provided to City. Ten (10) days' notice will be
acceptable in the event of non-payment of premium. Notice must be sent to the
City in accordance with the notice provision of this Agreement.
(d) The insurers for all policies must be licensed and/or approved to do
business in the State of Texas. All insurers must have a minimum rating of A- VII
in the current A.M. Best Key Rating Guide, or have reasonably equivalent financial
strength and solvency to the satisfaction of Risk Management. If the rating is below
that required, written approval of Risk Management is required.
(e) Any failure on the part of the City to request required insurance
documentation will not constitute a waiver of the insurance requirement.
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(f) Certificates of Insurance evidencing that Vendor has obtained all required
insurance will be delivered to the City prior to Vendor proceeding with any work
pursuant to this Agreement.
11. Compliance with Laws, Ordinances, Rules and 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 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 parry, 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
100 Fort Worth Trail
Fort Worth, TX 76102
With copy to Fort Worth City Attorney's Office at
same address
To VENDOR:
Success Brands
Jonny Schulte, Sales
240 Chesterfield Industrial Blvd.
Chesterfield, MO 63005
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.
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16. No Waiver. The failure of the 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 the
City's or Vendor's respective right to insist upon appropriate performance or to assert any such right on any
future occasion.
17. Governing Law / Venue. This Agreement will be construed in accordance with the laws
of the State of Texas. If any action, whether real or asserted, at law or in equity, is brought pursuant to this
Agreement, venue for such action will lie in state courts located in Tarrant County, Texas or the United States
District Court for the Northern District of Texas, Fort Worth Division.
18. Severability. If any provision of this Agreement is held to be invalid, illegal or
unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be
affected or impaired.
19. Force Maieure. City and Vendor will exercise their best efforts to meet their respective
duties and obligations as set forth in this Agreement, but will not be held liable for any delay or omission in
performance due to force majeure or other causes beyond their reasonable control, including, but not limited
to, compliance with any government law, ordinance, or regulation; acts of God; acts of the public enemy;
fires; strikes; lockouts; natural disasters; wars; riots; epidemics or pandemics; government action or inaction;
orders of government; material or labor restrictions by any governmental authority; transportation problems;
restraints or prohibitions by any court, board, department, commission, or agency of the United States or of
any States; civil disturbances; other national or regional emergencies; or any other similar cause not
enumerated herein but which is beyond the reasonable control of the Parry 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 Maj eure 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 and B.
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
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conform to generally prevailing industry standards. The 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. Immigration Nationalitv Act. Vendor must verify the identity and employment eligibility
of its employees who perform work under this Agreement, including completing the Employment
Eligibility Verification Form (I-9). Upon request by City, Vendor will provide City with copies of all I-9
forms and supporting eligibility documentation for each employee who performs work under this
Agreement. Vendor must adhere to all Federal and State laws as well as establish appropriate procedures
and controls so that no services will be performed by any Vendor employee who is not legally eligible to
perform such services. VENDOR WILL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM
ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY
VENDOR, VENDOR'S EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, OR AGENTS. City,
upon written notice to Vendor, will have the right to immediately terminate this Agreement for violations of
this provision by Vendor.
26. Ownership of Work Product. City will be the sole and exclusive owner of all reports,
work papers, procedures, guides, and documentation that are created, published, displayed, or produced in
conjunction with the services provided under this Agreement (collectively, "Work Product"). Further, City
will be the sole and exclusive owner of all copyright, patent, trademark, trade secret and other proprietary
rights in and to the Work Product. Ownership of the Work Product will inure to the benefit of City from the
date of conception, creation or fixation of the Work Product in a tangible medium of expression (whichever
occurs first). Each copyrightable aspect of the Work Product will be considered a "work -made- for -hire"
within the meaning of the Copyright Act of 1976, as amended. If and to the extent such Work Product, or
any part thereof, is not considered a "work -made -for -hire" within the meaning of the Copyright Act of 1976,
as amended, Vendor hereby expressly assigns to City all exclusive right, title and interest in and to the Work
Product, and all copies thereof, and in and to the copyright, patent, trademark, trade secret, and all other
proprietary rights therein, that City may have or obtain, without further consideration, free from any claim,
lien for balance due, or rights of retention thereto on the part of City.
27. Signature Authority. The person signing this Agreement hereby warrants that they have
the legal authority to execute this Agreement on behalf of the respective party, and that such binding
authority has been granted by proper order, resolution, ordinance or other authorization of the entity. This
Agreement and any amendment hereto, may be executed by any authorized representative of Vendor. Each
party is fully entitled to rely on these warranties and representations in entering into this Agreement or any
amendment hereto.
28. Change in Companv Name or Ownership. Vendor must notify City's Purchasing
Manager, in writing, of a company name, ownership, or address change for the purpose of maintaining
updated City records. The president of Vendor or authorized official must sign the letter. A letter indicating
changes in a company name or ownership must be accompanied with supporting legal documentation such
as an updated W-9, documents filed with the state indicating such change, copy of the board of director's
resolution approving the action, or an executed merger or acquisition agreement. Failure to provide the
specified documentation so may adversely impact future invoice payments.
29. No Bovcott of Israel. If Vendor has fewer than 10 employees or this Agreement is for
less than $100,000, this section does not apply. Vendor acknowledges that in accordance with Chapter
2271 of the Texas Government Code, the City is prohibited from entering into a contract with a company
for goods or services unless the contract contains a written verification from the company that it: (1) does
not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel"
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and "company" has the meanings ascribed to those terms in Section 2271 of the Texas Government Code.
By signing this Agreement, Vendor certifies that Vendor's signature provides written verification to
the City that Vendor: (1) does not boycott Israel; and (2) will not boycott Israel during the term of
the Agreement.
30. Prohibition on Bovcotting Eneruv Companies. Vendor acknowledges that, in
accordance with Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S.,
S.B. 13, § 2, the City is prohibited from entering into a contract for goods or services that has a value of
$100,000 or more that is to be paid wholly or partly from public funds of the City with a company with 10
or more full-time employees unless the contract contains a written verification from the company that it:
(1) does not boycott energy companies; and (2) will not boycott energy companies during the term of the
contract. The terms "boycott energy company" and "company" have the meaning ascribed to those terms
by Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2. To
the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this
Agreement, Vendor certifies that Vendor's signature provides written verification to the City that Vendor:
(1) does not boycott energy companies; and (2) will not boycott energy companies during the term of this
Agreement.
31. Prohibition on Discrimination 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)
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiples.
City:
By:
—
Name:
Jesica McEachern
Title:
Assistant City Manager
Date:
May 2, 2024
Vendor:
Jo y
By: Sch (Apr25,2024 13:21 CDT)
Name: Jonny Schulte
Title: Sales Representative
Date: Apr 25, 2024
FOR CITY OF FORT WORTH INTERNAL PROCESSES:
Approval Recommended:
By: 4
Name: Dave Lewis
Title: Deputy Director
Park & Recreation Department
Approved as to Form and Legality:
Trey Qualls
By:
Trey Qualls (Apr 15, 2024 08:46 CDT)
Name: Trey Qualls
Title: Assistant City Attorney
Contract Authorization:
M&C: N/A
Form 1295: 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.
aMi' ,u.�09:22 CDT)
Kyle M ure (Apr 15, 2024
By:
Name: Kyle McClure
Title: District Superintendent
Park & Recreation Department
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By:
Name: Jannette S. Goodall
Title: City Secretary
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
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v.1.4 (November 30, 2021)
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IW4111:3fIW
SCOPE OF SERVICES
On an as -needed basis, Vendor will provide Adult Sport Awards to the Park & Recreation Department for
Community Center leagues and games.
240 CHESTERFI €uD IHDUSTRut1 OLM
CHEsTEFFIELp,M065G05 I SL4470-1999
Seleaperson- donny&hulte
JonnyQssuocrossbrands.rcrn
FUft W-orth PJfki & ReeM lon
600 Congross St
Fart Worth. TX 76107
UNITED STATES
Office: 1 +817-392-7695
AEmall:walter.hall.gfortworiMexam.goy
QUOTE -PROPOSAL
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994 Cangrnss St
Fort Worth, YX 76197
UNITED STATES
2 Office:1+g17-392-7695
:5 Email: welter.hall@fartworthtexea-gov
Customer:
76107 Ship Via: OF Ooean Freigh
Te:ryms: F 0 Le Ship Pay Wilh: Snip ACCOUnl:
i ProdutY
I Cescrlptlon I
Quantity
I Unit I
Price i
Tow
Ringb
Custom Fort Worth Basketball and Softball rings, 5e11.
60t1
EA
S9.7WO
35,250.00
t>fedala
Volleyball lMadala1144Woman 9and 100Co-ed 1
200
EA
29.7506
31,150.00
MYP
Cuebonn Fort Worth MVP Chains
50
EA
$1 5_4666
S750A0
Celne
Custom Col nm 124 ouamndl ng player, 24 dun H. 34 walklrrg huckek 26
100
EA
632w
$325.GG
golden glove, 74 dinger sllgnerl In poly bag.
Quote Total
I
$7 475 00
instructions
Please verify that all information is correct -
This Is NOT an Invoice.
Shipping Is an ESTIMATE only.
Thank You
Success Brands Page 11 of 11
Vendor Services Agreement
v.1.4 (November 30, 2021)
EXHIBIT B
PAYMENT SCHEDULE
Following acceptance of the Services by the City, the Vendor must provide the City with an invoice
summarizing (i) the Services that have been delivered and (ii) requesting payment. If the City requires
additional reasonable information, it will request the same promptly after receiving the above
information, and the Vendor must provide such additional reasonable information to the extent the
same is available. Invoices must be submitted to the City of Fort Worth, at
Supplierinvoicesgfortworthtexas.gov or mailed to 100 Fort Worth Trail, Fort Worth, Texas 76102.
Success Brands Page 11 of 11
Vendor Services Agreement
v.1.4 (November 30, 2021)