HomeMy WebLinkAboutContract 61423CSC No. 61423
FORT WORTH
CITY OF FORT WORTH
PURCHASE AGREEMENT BASED UPON AN INTERLOCAL AGREEMENT BETWEEN
THE CITY OF FORT WORTH AND HOUSTON GALVESTON AREA COUNCIL
WHEREAS, Section 271.102 of the Texas Local Government Code allows Local Governments
to pursue mutually beneficial and cooperative purchasing programs; and
WHEREAS, pursuant to Chapter 791 of the Texas Government Code and Subchapter F, Chapter
271 of the Texas Local Government Code, the City of Fort Worth ("City"), a Texas home -rule
municipality and the Houston Galveston Area Council ("H-GAC") have entered into an Interlocal
Cooperative Purchasing Agreement on August 12, 1997, which provides that when one of the Local
Government Entities enters into a contract with a vendor for goods and services, the other Local
Government is able to enter into a Purchase Agreement with the vendor under the same terms and
conditions offered to the Original Local Government Entity so long as the vendor is agreeable (Copy
Attached as Exhibit A); and
WHEREAS, Duke's Root Control Inc ("Vendor") and H-GAC entered into a Purchase Agreement
on December 11, 2020 for Sewer Cleaning, Hydro -Excavating, Inspection Equipment and Miscellaneous
Services and this Agreement allows other Local Governmental Entities to enter into a Purchase Agreement
with Vendor under the same terms and conditions (Copy attached as Exhibit B).
NOW THEREFORE, City and Vendor, each of which will individually be referred to as a "Party"
and collectively as the "Parties," enter into this Purchase Agreement.
The Parties agree that any references to the H-GAC in Exhibit B shall be construed as the City of Fort
Worth for the purposes of this Agreement and all rights, benefits, duties, and obligations shall inure to the
City as if the contract in Exhibit B were originally executed between the City and Vendor.
The Agreement includes the following documents which shall be construed in the order of precedence in
which they are listed:
1. Exhibit A — Agreement between the City of Fort Worth and H-GAC;
2. Exhibit B— Contract between the H-GAC and Duke's Root Control Inc. for Sewer
Cleaning, Hydro- Excavating, Inspection Equipment, and Miscellaneous Services
(Contract No. SCO1-21);
3. Exhibit C — Vendor's Quote, Base Offering Pricing, Scope of Services or Purchase Order;
4. Exhibit D — Conflict of Interest Questionnaire.
Exhibits A-D, which are attached hereto and incorporated herein, are made a part of this
Agreement for all purposes. Vendor agrees to provide City with the services and goods included in Exhibit
B pursuant to the terms and conditions of this Cooperative Purchase Agreement, including all exhibits
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
thereto. In the event of a conflict between Exhibit B and this Agreement or Exhibit A, then this Agreement
and Exhibit A shall control.
City shall pay Vendor in accordance with the fee schedule in Exhibit C and in accordance with the
provisions of this Agreement. Total annual payment made under this Agreement by City shall be in
an amount up to Three Hundred Thousand Dollars ($300,000.00). Vendor shall not provide any
additional items or services or bill for expenses incurred for City not specified by this Agreement unless
City requests and approves in writing the additional costs for such services. City shall not be liable for any
additional expenses of Vendor not specified by this Agreement unless City first approves such expenses
in writing.
The term of this agreement is effective beginning on the date signed by the Assistant City Manager
below ("Effective Date") and expires on December 31, 2024, with no options to renew.
Vendor agrees that City shall, until the expiration of three (3) years after final payment under this
Agreement, or the final conclusion of any audit commenced during the said three years, have access to
and the right to examine at reasonable times any directly pertinent documents and records of Vendor
involving transactions relating to this Agreement. Vendor agrees that City shall have access during normal
working hours to all necessary Vendor facilities subject to Vendor's reasonable rules and regulations while
at Vendor's facilities, and shall be provided adequate and appropriate work space in order to conduct
audits in compliance with the provisions of this section. City shall give Vendor reasonable advance notice
of intended audits, and all such audits shall be conducted on regular business days during Vendor's regular
business hours in a manner that will not unreasonably interfere with Vendor's operations at its facilities.
City's auditors shall present proper credentials to the manager of Vendor's facility at the time that they
are admitted to such.
This Agreement shall be construed in accordance with the laws of the State of Texas. If any action,
whether real or asserted, at law or in equity, is brought pursuant to this Agreement, venue for such action
shall lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern
District of Texas, Fort Worth Division.
Nothing herein constitutes a waiver of City's sovereign immunity. To the extent the attached
Exhibits require City to waive its rights or immunities as a government entity, such provisions are hereby
deleted and shall have no force or effect.
To the extent the Exhibits, in any way, limits the liability of Vendor or requires City to indemnify
or hold Vendor or any third party harmless from damages of any kind or character, City objects to these
terms and any such terms are hereby deleted and shall have no force or effect.
Notices required pursuant to the provisions of this Agreement shall be conclusively determined to
have been delivered when (1) hand -delivered to the other party, its agents, employees, servants or
representatives, (2) delivered by facsimile with electronic confirmation of the transmission, or (3) received
by the other party by United States Mail, registered, return receipt requested, addressed as follows:
To CITY:
City of Fort Worth
Attn: Fernando Costa Assistant City Manager
100 Fort Worth Trail
Fort Worth, TX 76102-6314
Facsimile: (817) 392-6122
With copy to Fort Worth City Attorney's Office at
same address
To VENDOR:
Duke's Root Control, Inc.
Richelle Owens, VP of Finance
400 Airport Rd, Suite E
Elign, IL 60123
Email: rowens@dukes.com
Facsimile: 866-526-6559
[SIGNATURES FOLLOW]
The undersigned represents and warrants that he or she has the power and authority to execute this
Agreement and bind the respective Vendor.
CITY OF FORT WORTH:
��,.LC L_
By:
Name: Fernando Costa
Title: Assistant City Manager
Date: May 15, 2024
APPROVAL RECOMMENDED:
Christopher Harder
By Christopher Harder Way 15, 202412:54 CDT)
Name: Christopher Harder, PE
Title: Director, Water Department
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By:
Name: Jannette Goodall
Title: City Secretary
VENDOR:
Duke's Root Control, Inc.
By: A--W� D
Name: Richelle Owens
Title: VP of Finance
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: Mark Shell (May 15, 2024 10:36 CDT)
Name: Mark Shell
Title: Technical Services Coordinator
APPROVED AS TO FORM AND LEGALITY:
By: 9.A. uJdx..
Name: Jessika Williams
Title: Assistant City Attorney
CONTRACT AUTHORIZATION:
M&C: 24-0316 (4/23/24)
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Exhibit A
INTERLOCAL CONTRACT/AGREEMENT ILA 97.0 $ O
FOR COOPERATIVE PURCHASING No.:
Houston -Galveston Area Council Permanent Number uaigned by H•GAC
THIS INTERLOCAL CONTRACT ("Agreement"), made and entered into pursuant to the Texas Intergovernmental Cooperation
Act [Government Code, Title 7, Chapters 741 & 791]by and between the Houston -Galveston Area Council, hereinafter referred
to as "H-GAC," having its principal place of business at 3555 Timmons Lane, Suite 500, Houston, Texas 77027, and t h P
f' i f v o f W n r f VIp r t h hereinafter referred to as the "local
government" having its principal place of business at loon T � X� 74 4-0,2
WITNESSETH
WHEREAS, H-GAC is a regional planning commission created under Acts of the 59th Legislature, Regular Session, 1965,
recodified as Texas Local Government Code, Chapter 391;. and
WHEREAS, H-GAC has entered into this contract with the Iocq government on the 12 t h day of Aiin 1 i c f ,
19 i 7 ; and v
WHEREAS, the local government registers. its desire to purchase certain governmental administrative functions, goods, or
services; and
WHEREAS, H-GAC hereby agrees to perform the scope of services outlined in ARTICLE 5, as hereinafter specified in
accordance with this contract/agreement; and
NOW, THEREFORE, H-GAC and the local government do hereby agree as follows:
ARTICLE 1: LEGAL AUTHORITY
The local government warrants and assures H-GAC that it possesses adequate legal authority to enter into this contract. The local
government's governing body has authorized its signatory official(s) to enter into this contract and to bind the local government
.o the terms of this contract and any subsequent amendments hereto.
ARTICLE 2: APPLICABLE LAWS
H-GAC and the local government agree to conduct all activities under this contract in accordance with all applicable rules,
regulations, ordinances and laws in effect or promulgated during the term of this contract.
ARTICLE 3: WHOLE AGREEMENT
The Interlocal Contract and any attachments, as provided herein, constitute the complete contract between the parties hereto, and
supersede any and all oral and written agreements between the parties relating to matters herein. Except as otherwise provided
herein, this contract cannot be modified without written consent of the parties.
ARTICLE 4: PERFORMANCE PERIOD
The ?enod of this contract shall be for the balance of the fiscal year of the local government which began r-1 ,
19 y6 and ends 10-1 , 19 R _. This contract shall thereafter automatically be renewedannually for each
succeeding fiscal year, provided that such renewal shall not have the effect of extending the period in which the local government
may make any payment due H-GAC beyond the fiscal year in which such obligation was incurred under this contract.
H-GAC or the local government may cancel this contract at any time upon 30 days written notice to the other party to this
contract. The obligations of the local government, including its obligation to pay H-GAC for all costs incurred under this contract
prior to such notice shall survive such cancellation, as well as any other obligation incurred under this contract, until performed
or discharged by the local government.
ARTICLE 5: SCOPE OF SERVICES
The local government appoints H-GAC its true and lawful purchasing agent for the purchase of certain products and services
+hrough the H-GAC Cooperative Purchasing Program, as enumerated through submission of any duly executed purchase order,
)rder form or resolution. All products purchased hereunder shall be in accordance with specifications established by H-GAC.
All products and services shall be procured by H-GAC in accordance with procedures governing competitive bids and competitive
proposals, and at prices and administrative fees listed in current ContractorNendor Price Lists and H-GAC Forms.
(Continued on reverse side)
City of Fort Worth, Texas
Mayor and Council Communication
UAIE REFERENCE NUMBER LOG NAME PAGE
08/12/97 **P-8373 970354 1 of 2
SUBJECT AUTHORIZE AN INTERLOCAL AGREEMENT WITH THE HOUSTON-GALVESTON AREA
COUNCIL FOR PURCHASING AND AUTHORIZE THE PURCHASE OF THREE SEWER
CLEANING TRUCKS
RECOMMENDATION:
It.is recommend that the City Council:
1. Authorize the City Manager to execute an Interlocal Agreement with the Houston -Galveston
Area Council for purchasing, and
2. Authorize the purchase of three sewer cleaning trucks through the Houston -Galveston Area
Council for an amount not to exceed $555,647.73, f.o.b. Fort Worth, freight no charge and
payment terms of net upon delivery.
DISCUSSION:
The Texas Government Code Chapter 791 authorizes political subdivisions to contract with each
other relative. to government al functions and services such as purchasing. An Interlocal
---Agreement For Cooperative Purchasing has been deemed acceptable by the City's Department
of Law. The contract is for the balance of the fiscal year which ends September 30, 1997 with
automatic renewals for each succeeding year until one party advises the other in writing of
.cancellation of the agreement.
City; Staff obtained competitive bids for three sewer cleaning trucks earlier in the year {bid
number 97-0064, item number 5). Those bids were rejected through M&C P- 8645 to allow the
Water Department sufficient time to re -,evaluate cost and methodology involved in the sewer
cleaning. process. Subsequently, it was discovered that the sewer cleaning equipment could be
;purc:h sed through the Houston -Galveston Area Council {HGAC) at a price below the "'last bid
received by the City for -a savings of $4,512.27 ($1,504.09 per unit). The HGAC charges a
service -.fee of ;0165% which is included in the cost of the three trucks. The equipment is in
.<;:ornpliarice with the City of Fort Worth's specifications and includes all extended warranties and
operator-traini 11 g. The actual savings on the price of the equipment are in addition to the
' <admir,istrative cost savings of obtaining competitive bids for the equipment through the
f>urchasing•.Division.
DocuSign Envelope ID: OED31715-DO26-478B-A21E-A1ECDCD3F43F Exhibit B
H-GAC
Houston -Galveston Area Council
P.O. Box 22777 • 3555 Timmons • Houston, Texas 77227-2777
Cooperative Agreement - Duke's Root Control Inc - Public Services - -ID: 6014 20-01507
GENERAL PROVISIONS
This Agreement is made and entered into, by and between the Houston -Galveston Area Council
hereinafter referred to as H-GAC having its principal place of business at 3555 Timmons Lane, Suite
120, Houston, Texas 77027 and Duke's Root Control Inc, hereinafter referred to as the Contractor,
having its principal place of business at 1020 Hiawatha Boulevard W., Syracuse, NY 13204.
WITNESSETH:
WHEREAS, H-GAC hereby engages the Contractor to perform certain services in accordance with the
specifications of the Agreement; and
WHEREAS, the Contractor has agreed to perform such services in accordance with the specifications of
the Agreement;
NOW, THEREFORE, H-GAC and the Contractor do hereby agree as follows:
ARTICLE 1: LEGAL AUTHORITY
The Contractor warrants and assures H-GAC that it possesses adequate legal authority to enter into
this Agreement. The Contractor's governing body, where applicable, has authorized the signatory
official(s) to enter into this Agreement and bind the Contractor to the terms of this Agreement and any
subsequent amendments hereto.
ARTICLE 2: APPLICABLE LAWS
The Contractor agrees to conduct all activities under this Agreement in accordance with all applicable
rules, regulations, directives, standards, ordinances, and laws, in effect or promulgated during the term
of this Agreement, including without limitation, workers' compensation laws, minimum and maximum
salary and wage statutes and regulations, and licensing laws and regulations. When required, the
Contractor shall furnish H-GAC with satisfactory proof of its compliance therewith.
ARTICLE 3: INDEPENDENT CONTRACTOR
The execution of this Agreement and the rendering of services prescribed by this Agreement do not
change the independent status of H-GAC or the Contractor. No provision of this Agreement or act of H-
GAC in performance of the Agreement shall be construed as making the Contractor the agent, servant
or employee of H-GAC, the State of Texas or the United States Government. Employees of the
Contractor are subject to the exclusive control and supervision of the Contractor. The Contractor is
solely responsible for employee related disputes and discrepancies, including employee payrolls and any
claims arising therefrom.
ARTICLE 4: WHOLE AGREEMENT
The General Provisions, Special Provisions, and Attachments, as provided herein, constitute the
complete Agreement ("Agreement") between the parties hereto, and supersede any and all oral and
written agreements between the parties relating to matters herein. Except as otherwise provided
herein, this Agreement cannot be modified without written consent of the parties.
ARTICLE 5: SCOPE OF SERVICES
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The services to be performed by the Contractor are outlined in an Attachment to this Agreement.
ARTICLE 6: PERFORMANCE PERIOD
This Agreement shall be performed during the period which begins Jan 012021 and ends Dec 31 2023.
All services under this Agreement must be rendered within this performance period, unless directly
specified under a written change or extension provisioned under Article 14, which shall be fully
executed by both parties to this Agreement.
ARTICLE 7: PAYMENT OR FUNDING
Payment provisions under this Agreement are outlined in the Special Provisions.
ARTICLE 8: REPORTING REQUIREMENTS
If the Contractor fails to submit to H-GAC in a timely and satisfactory manner any report required by
this Agreement, or otherwise fails to satisfactorily render performances hereunder, H-GAC may
terminate this agreement with notice as identified in Article 15 of these General Provisions. H-GAC
has final determination of the adequacy of performance and reporting by Contractor. Termination of
this agreement for failure to perform may affect Contractor's ability to participate in future
opportunities with H-GAC. The Contractor's failure to timely submit any report may also be considered
cause for termination of this Agreement.
Any additional reporting requirements shall be set forth in the Special Provisions of this Agreement.
ARTICLE 9: INSURANCE
Contractor shall maintain insurance coverage for work performed or services rendered under this
Agreement as outlined and defined in the attached Special Provisions.
ARTICLE 10: SUBCONTRACTS and ASSIGNMENTS
Except as may be set forth in the Special Provisions, the Contractor agrees not to subcontract, assign,
transfer, convey, sublet or otherwise dispose of this Agreement or any right, title, obligation or interest
it may have therein to any third party without prior written approval of H-GAC. The Contractor
acknowledges that H-GAC is not liable to any subcontractor or assignee of the Contractor. The
Contractor shall ensure that the performance rendered under all subcontracts shall result in
compliance with all the terms and provisions of this Agreement as if the performance rendered was
rendered by the Contractor. Contractor shall give all required notices, and comply with all laws and
regulations applicable to furnishing and performance of the work. Except where otherwise expressly
required by applicable law or regulation, H-GAC shall not be responsible for monitoring Contractor's
compliance, or that of Contractor's subcontractors, with any laws or regulations.
ARTICLE 11: AUDIT
Notwithstanding any other audit requirement, H-GAC reserves the right to conduct or cause to be
conducted an independent audit of any transaction under this Agreement, such audit may be performed
by the H-GAC local government audit staff, a certified public accountant firm, or other auditors
designated by H-GAC and will be conducted in accordance with applicable professional standards and
practices. The Contractor understands and agrees that the Contractor shall be liable to the H-GAC for
any findings that result in monetary obligations to H-GAC.
ARTICLE 12: EXAMINATION OF RECORDS
The Contractor shall maintain during the course of the work complete and accurate records of all of the
Contractor's costs and documentation of items which are chargeable to H-GAC under this Agreement.
H-GAC, through its staff or designated public accounting firm, the State of Texas, and United States
Government, shall have the right at any reasonable time to inspect, copy and audit those records on or
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off the premises by authorized representatives of its own or any public accounting firm selected by H-
GAC. The right of access to records is not limited to the required retention period, but shall last as long
as the records are retained. Failure to provide access to records may be cause for termination of the
Agreement. The records to be thus maintained and retained by the Contractor shall include (without
limitation): (1) personnel and payroll records, including social security numbers and labor
classifications, accounting for total time distribution of the Contractor's employees working full or part
time on the work, as well as cancelled payroll checks, signed receipts for payroll payments in cash, or
other evidence of disbursement of payroll payments; (2) invoices for purchases, receiving and issuing
documents, and all other unit inventory records for the Contractor's stocks or capital items; and (3)
paid invoices and cancelled checks for materials purchased and for subcontractors' and any other third
parties' charges.
The Contractor further agrees that the examination of records outlined in this article shall be included
in all subcontractor or third -party agreements.
ARTICLE 13: RETENTION OF RECORDS
The Contractor and its subcontractors shall maintain all records pertinent to this Agreement, and all
other financial, statistical, property, participant records, and supporting documentation for a period of
no less than seven (7) years from the later of the date of acceptance of the final payment or until all
audit findings have been resolved. If any litigation, claim, negotiation, audit or other action involving
the records has been started before the expiration of the retention period, the records shall be retained
until completion of the action and resolution of all issues which arise from it, or until the end of the
seven (7) years, whichever is later, and until any outstanding litigation, audit, or claim has been fully
resolved.
ARTICLE 14: CHANGES AND AMENDMENTS
A. Any alterations, additions, or deletions to the terms of this Agreement, which are required by
changes in federal or state law or by regulations, are automatically incorporated without
written amendment hereto, and shall become effective on the date designated by such law or by
regulation.
B. To ensure the legal and effective performance of this Agreement, both parties agree that any
amendment that affects the performance under this Agreement must be mutually agreed upon
and that all such amendments must be in writing. After a period of no less than 30 days
subsequent to written notice, unless sooner implementation is required by law, such
amendments shall have the effect of qualifying the terms of this Agreement and shall be
binding upon the parties as if written herein.
ARTICLE 15: TERMINATION PROCEDURES
The Contractor acknowledges that this Agreement may be terminated for Convenience or Default.
A. Convenience
H-GAC may terminate this Agreement at any time, in whole or in part, with or without cause,
whenever H-GAC determines that for any reason such termination is in the best interest of H-
GAC, by providing written notice by certified mail to the Contractor. Upon receipt of notice of
termination, all services hereunder of the Contractor and its employees and subcontractors
shall cease to the extent specified in the notice of termination.
The Contractor may cancel or terminate this Agreement upon submission of thirty (30) days
written notice, presented to H-GAC via certified mail. The Contractor may not give notice of
cancellation after it has received notice of default from H-GAC.
B. Default
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H-GAC may, by written notice of default to the Contractor, terminate the whole or any part of
the Agreement, in any one of the following circumstances:
(1) if the Contractor fails to perform the services herein specified within the time specified
herein or any extension thereof, or
(2) If the Contractor fails to perform any of the other provisions of this Agreement for any
reason whatsoever, or so fails to make progress or otherwise violates the Agreements that
completion of services herein specified within the Agreement term is significantly
endangered, and in either of these two instances does not cure such failure within a period
often (10) days (or such longer period of time as may be authorized by H-GAC in writing)
after receiving written notice by certified mail of default from H-GAC.
ARTICLE 16: SEVERABILITY
H-GAC and Contractor agree that should any provision of this Agreement be determined to be invalid
or unenforceable, such determination shall not affect any other term of this Agreement, which shall
continue in full force and effect.
ARTICLE 17: FORCE MAJEURE
To the extent that either party to this Agreement shall be wholly or partially prevented from the
performance of any obligation or duty placed on such party by reason of or through strikes, stoppage of
labor, riot, fire, flood, acts of war, insurrection, accident, order of any court, act of God, or specific cause
reasonably beyond the party's control and not attributable to its neglect or nonfeasance, in such event,
the time for the performance of such obligation or duty shall be suspended until such disability to
perform is removed. Determination of force majeure shall rest solely with H-GAC.
ARTICLE 18: CONFLICT OF INTEREST
No officer, member or employee of the Contractor or subcontractor, no member of the governing body of
the Contractor, and no other public officials of the Contractor who exercise any functions or
responsibilities in the review or Contractor approval of this Agreement, shall participate in any
decision relating to this Agreement which affects his or her personal interest, or shall have any
personal or pecuniary interest, direct or indirect, in this Agreement.
ARTICLE 19: FEDERAL COMPLIANCE
Contractor agrees to comply with all federal statutes relating to nondiscrimination, labor standards,
and environmental compliance. Additionally, for work to be performed under the Agreement or
subcontract thereof, including procurement of materials or leases of equipment, Contractor shall notify
each potential subcontractor or supplier of the Contractor's federal compliance obligations. These may
include, but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits
discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments
of 1972, as amended (20 U.S.C. §§ 1681-1683, and 1685-1686), which prohibits discrimination on the
basis of sex; (c) the Fair Labor Standards Act of 1938 (29 USC 676 et. seq.), (d) Section 504 of the
Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of
handicaps and the Americans with Disabilities Act of 1990; (e) the Age Discrimination in Employment
Act of 1967 (29 USC 621 et. seq.) and the Age Discrimination Act of 1974, as amended (42 U.S.C. §§
6101-6107), which prohibits discrimination on the basis of age; (f) the Drug Abuse Office and
Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug
abuse; (g) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation
Act of 1970 (P.L. 91-616), as amended, relating to the nondiscrimination on the basis of alcohol abuse or
alcoholism; (h) §§ 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd-3 and 290 ee-
3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (i) Title VIII of the
Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), as amended, relating to nondiscrimination in the
sale, rental or financing of housing; 0) any other nondiscrimination provisions in any specific statute(s)
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applicable to any Federal funding for this Agreement; (k) the requirements of any other
nondiscrimination statute(s) which may apply to this Agreement; (1) applicable provisions of the Clean
Air Act (42 U.S.C. §7401 et seq.), the Federal Water Pollution Control Act, as amended (33 U.S.C.
§1251 et seq.), Section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and the
Environmental Protection Agency regulations at 40 CPR Part 15; (m) applicable provisions of the
Davis- Bacon Act (40 U.S.C. 276a - 276a-7), the Copeland Act (40 U.S.C. 276c), and the Contract Work
Hours and Safety Standards Act (40 U.S.C. 327-332), as set forth in Department of Labor Regulations
at 20 CPR 5.5a; (n) the mandatory standards and policies relating to energy efficiency which are
contained in the state energy conservation plan issued in compliance with the Energy Policy and
Conservation Act (P.L. 94-163).
ARTICLE 20: CRIMINAL PROVISIONS AND SANCTIONS
The Contractor agrees to perform the Agreement in conformance with safeguards against fraud and
abuse as set forth by the H-GAC, the State of Texas, and the acts and regulations of any related state
or federal agency. The Contractor agrees to promptly notify H-GAC of any actual or suspected fraud,
abuse, or other criminal activity through the filing of a written report within twenty-four (24) hours of
knowledge thereof. Contractor shall notify H-GAC of any accident or incident requiring medical
attention arising from its activities under this Agreement within twenty-four (24) hours of such
occurrence. Theft or willful damage to property on loan to the Contractor from H-GAC, if any, shall be
reported to local law enforcement agencies and H-GAC within two (2) hours of discovery of any such
act.
The Contractor further agrees to cooperate fully with H-GAC, local law enforcement agencies, the State
of Texas, the Federal Bureau of Investigation and any other duly authorized investigative unit, in
carrying out a full investigation of all such incidents.
The Contractor shall notify H-GAC of the threat of lawsuit or of any actual suit filed against the
Contractor pertaining to this Agreement or which would adversely affect the Contractor's ability to
perform services under this Agreement.
ARTICLE 21: INDEMNIFICATION AND RECOVERY
H-GAC's liability under this Agreement, whether for breach of contract, warranty, negligence, strict
liability, in tort or otherwise, is limited to its order processing charge. In no event will H-GAC be liable
for any loss of use, loss of time, inconvenience, commercial loss, lost profits or savings or other
incidental, special or consequential damages to the full extent such use may be disclaimed by law.
Contractor agrees, to the extent permitted by law, to defend and hold harmless H-GAC, its board
members, officers, agents, officials, employees and indemnities from any and all claims, costs, expenses
(including reasonable attorney fees), actions, causes of action, judgements, and liens arising as a result
of Contractor's negligent act or omission under this Agreement. Contractor shall notifiy H-GAC of the
threat of lawsuit or of any actual suit filed against Contractor relating to this Agreement.
ARTICLE 22: LIMITATION OF CONTRACTOR'S LIABILITY
Except as specified in any separate writing between the Contractor and an END USER, Contractor's
total liability under this Agreement, whether for breach of contract, warranty, negligence, strict
liability, in tort or otherwise, but excluding its obligation to indemnify H-GAC, is limited to the price of
the particular products/services sold hereunder, and Contractor agrees either to refund the purchase
price or to repair or replace product(s) that are not as warranted. In no event will Contractor be liable
for any loss of use, loss of time, inconvenience, commercial loss, loss of profits or savings or other
incidental, special or consequential damages to the full extent such use may be disclaimed by law.
Contractor understands and agrees that it shall be liable to repay and shall repay upon demand to
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END USER any amounts determined by H-GAC, its independent auditors, or any agency of State or
Federal government to have been paid in violation of the terms of this Agreement.
ARTICLE 23: TITLES NOT RESTRICTIVE
The titles assigned to the various Articles of this Agreement are for convenience only. Titles shall not
be considered restrictive of the subject matter of any Article, or part of this Agreement.
ARTICLE 24: JOINT WORK PRODUCT
This Agreement is the joint work product of H-GAC and the Contractor. This Agreement has been
negotiated by H-GAC and the Contractor and their respective counsel and shall be fairly interpreted in
accordance with its terms and, in the event of any ambiguities, no inferences shall be drawn against
any party.
ARTICLE 25: DISPUTES
All disputes concerning questions of fact or of law arising under this Agreement, which are not
addressed within the Whole Agreement as defined pursuant to Article 4 hereof, shall be decided by the
Executive Director of H-GAC or his designee, who shall reduce his decision to writing and provide
notice thereof to the Contractor. The decision of the Executive Director or his designee shall be final
and conclusive unless, within thirty (30) days from the date of receipt of such notice, the Contractor
requests a rehearing from the Executive Director of H-GAC. In connection with any rehearing under
this Article, the Contractor shall be afforded an opportunity to be heard and offer evidence in support of
its position. The decision of the Executive Director after any such rehearing shall be final and
conclusive. The Contractor may, if it elects to do so, appeal the final and conclusive decision of the
Executive Director to a court of competent jurisdiction. Pending final decision of a dispute hereunder,
the Contractor shall proceed diligently with the performance of the Agreement and in accordance with
H- GAC's final decision.
ARTICLE 26: CHOICE OF LAW: VENUE
This Agreement shall be governed by the laws of the State of Texas. Venue and jurisdiction of any suit
or cause of action arising under or in connection with the Agreement shall lie exclusively in Harris
County, Texas. Disputes between END USER and Contractor are to be resolved in accordance with the
law and venue rules of the state of purchase. Contractor shall immediately notify H-GAC of such
disputes.
ARTICLE 27: ORDER OF PRIORITY
In the case of any conflict between or within this Agreement, the following order of priority shall be
utilized: 1) General Provisions, 2) Special Provisions, 3) Scope of Work, and, 4) Other Attachments.
Page 6 of 7
DocuSign Envelope ID: OED31715-DO26-478B-A21E-A1ECDCD3F43F
SIGNATURES:
H-GAC and the Contractor have read, agreed, and executed the whole Agreement as of the date first
written above, as accepted by:
Duke's i%t.Qe 4ro1Inc
Signature 1/r A./�t w V,6 �6
F714D9159B9E487...
Name Braden Boyko
Title Vice President
Date 12/10/2020
H-GAC D/c�Sig�ned by:
Signatur
82EC270D5D61423...
Name Chuck Wemple
Title Executive Director
Date 12/11/2020
Page 7 of 7
DocuSign Envelope ID: OED31715-DO26-478B-A21E-A1ECDCD3F43F
H-GAC
Houston -Galveston Area Council
P.O. Box 22777 • 3555 Timmons • Houston, Texas 77227-2777
Cooperative Agreement - Duke's Root Control Inc - Public Services - 20-01507
SPECIAL PROVISIONS
Incorporated by attachment, as part of the whole agreement, H-GAC and the Contractor do, hereby agree to the
Special Provisions as follows:
ARTICLE 1: BIDS/PROPOSALS INCORPORATED
In addition to the whole Agreement, the following documents listed in order of priority are incorporated
into the Agreement by reference: Bid/Proposal Specifications and Contractor's Response to the Bid/Proposal.
ARTICLE 2: END USER AGREEMENTS ("EUA")
H-GAC acknowledges that the END USER may choose to enter into an End User Agreement ("EUA) with the
Contractor through this Agreement, and that the term of the EUA may exceed the term of the current H-GAC
Agreement. H-GAC's acknowledgement is not an endorsement or approval of the End User Agreement's
terms and conditions. Contractor agrees not to offer, agree to or accept from the END USER, any terms or
conditions that conflict with those in Contractor's Agreement with H-GAC. Contractor affirms that
termination of its Agreement with H-GAC for any reason shall not result in the termination of any underlying
EUA, which shall in each instance, continue pursuant to the EUA's stated terms and duration. Pursuant to the
terms of this Agreement, termination of this Agreement will disallow the Contractor from entering into any
new EUA with END USERS. Applicable H-GAC order processing charges will be due and payable to H-GAC
on any EUAs, surviving termination of this Agreement between H-GAC and Contractor.
ARTICLE 3: MOST FAVORED CUSTOMER CLAUSE
Contractor shall provide its most favorable pricing and terms to H-GAC. If at any time during this Agreement,
Contractor develops a regularly followed standard procedure of entering into agreements with other
governmental customers within the State of Texas, and offers the same or substantially the same
products/services offered to H-GAC on a basis that provides prices, warranties, benefits, and or terms more
favorable than those provided to H-GAC, Contractor shall notify H-GAC within ten (10) business days
thereafter, and this Agreement shall be deemed to be automatically retroactively amended, to the effective date
of Contractor's most favorable past agreement with another entity. Contractor shall provide the same prices,
warranties, benefits, or terms to H-GAC and its END USER as provided in its most favorable past agreement.
H-GAC shall have the right and option at any time to decline to accept any such change, in which case the
amendment shall be deemed null and void. If Contractor claims that a more favorable price, warranty, benefit,
or term that was charged or offered to another entity during the term of this Agreement, does not constitute
more favorable treatment, than Contractor shall, within ten (10) business days, notify H-GAC in writing,
setting forth the detailed reasons Contractor believes the aforesaid offer is not in fact most favored treatment.
H-GAC, after due consideration of Contractor's written explanation, may decline to accept such explanation
and thereupon this Agreement between H-GAC and Contractor shall be automatically amended, effective
retroactively, to the effective date of the most favored agreement, to provide the same prices, warranties,
Page 1 of 4
DocuSign Envelope ID: OED31715-DO26-478B-A21E-A1ECDCD3F43F
benefits, or terms to H-GAC and the END USER.
EXCEPTION. This clause shall not be applicable to prices and price adjustments offered by a bidder,
Proposer or contractor, which are not within bidder's/proposer's control [example; a manufacturer's bid
concession], or to any prices offered to the Federal Government and its agencies.
ARTICLE 4: PARTY LIABILITY
Contractor's total liability under this Agreement, whether for breach of contract, warranty, negligence, strict
liability, in tort or otherwise, is limited to the price of the particular products/services sold hereunder.
Contractor agrees either to refund the purchase price or to repair or replace product(s) that are not as warranted.
Contractor accepts liability to repay, and shall repay upon demand to END USER, any amounts determined by
H-GAC, its independent auditors, or any state or federal agency, to have been paid in violation of the terms of
this Agreement.
ARTICLE 5: GOVERNING LAW & VENUE
Contractor and H-GAC agree that Contractor will make every reasonable effort to resolve disputes with the END
USER in accord with the law and venue rules of the state of purchase. Contractor shall immediately notify H-
GAC of such disputes.
ARTICLE 6: SALES AND ORDER PROCESSING CHARGE
Contractor shall sell its products to END USERS based on the pricing and terms of this Agreement. H-GAC
will invoice Contractor for the applicable order processing charge when H-GAC receives notification of an
END USER order. Contractor shall remit to H-GAC the full amount of the applicable order processing
charge, after delivery of any product or service and subsequent END USER acceptance. Payment of the Order
Processing Charge shall be remitted from Contractor to H-GAC, within thirty (30) calendar days or ten (10)
business days after receipt of an END USER's payment, whichever comes first, notwithstanding Contractor's
receipt of invoice. For sales made by Contractor based on this Agreement, including sales to entities without
Interlocal Agreements, Contractor shall pay the applicable order processing charges to H-GAC. Further,
Contractor agrees to encourage entities who are not members of H-GAC's Cooperative Purchasing Program to
execute an H-GAC Interlocal Agreement. H-GAC reserves the right to take appropriate actions including, but
not limited to, Agreement termination if Contractor fails to promptly remit the appropriate order processing
charge to H-GAC. In no event shall H-GAC have any liability to Contractor for any goods or services an
END USER procures from Contractor. At all times, Contractor shall remain liable to pay to H-GAC any
order processing charges on any portion of the Agreement actually performed, and for which compensation was
received by Contractor.
ARTICLE 7: LIOUIDATED DAMAGES
Contractor and H-GAC agree that Contractor shall cooperate with the END USER at the time an END USER
purchase order is placed, to determine terms for any liquidated damages.
ARTICLE 8: INSURANCE
Unless otherwise stipulated in Section B of the Bid/Proposal Specifications, Contractor must have the
following insurance and coverage minimums:
a. General liability insurance with a Single Occurrence limit of at least $1,000,000.00, and a General
Page 2 of 4
DocuSign Envelope ID: OED31715-DO26-478B-A21E-A1ECDCD3F43F
Aggregate limit of at least two times the Single Occurrence limit.
Product liability insurance with a Single Occurrence limit of at least $1,000,000.00, and a
General Aggregate limit of at least two times the Single Occurrence limit for all Products except
Automotive Fire Apparatus. For Automotive Fire Apparatus, see Section B of the Bid/Proposal
Specifications.
Property Damage or Destruction insurance is required for coverage of End User owned
equipment while in Contractor's possession, custody or control. The minimum Single Occurrence
limit is $500,000.00 and the General Aggregate limit must be at least two times the Single Occurrence
limit. This insurance may be carried in several ways, e.g. under an Inland Marine policy, as art of
Automobile coverage, or under a Garage Keepers policy. In any event, this coverage must be specifically
and clearly listed on insurance certificate(s) submitted to H-GAC.
b. Insurance coverage shall be in effect for the length of any contract made pursuant to the Bid/Proposal,
and for any extensions thereof, plus the number of days/months required to deliver any outstanding
order after the close of the contract period.
c. Original Insurance Certificates must be furnished to H-GAC on request, showing Contractor as the
insured and showing coverage and limits for the insurances listed above.
d. If any Product(s) or Service(s) will be provided by parties other than Contractor, all such parties
are required to carry the minimum insurance coverages specified herein, and if requested by H-GAC,
a separate insurance certificate must be submitted for each such party.
e. H-GAC reserves the right to contact insurance underwriters to confirm policy and certificate issuance
and document accuracy.
ARTICLE 9: PERFORMANCE AND PAYMENT BONDS FOR INDIVIDUAL ORDERS
H-GAC's contractual requirements DO NOT include a Performance & Payment Bond (PPB); therefore,
Contractor shall offer pricing that reflects this cost savings. Contractor shall remain prepared to offer a PPB to
cover any order if so requested by the END USER. Contractor shall quote a price to END USER for
provision of any requested PPB, and agrees to furnish the PPB within ten business (10) days of receipt of END
USER's purchase order.
ARTICLE 10: CHANGE OF STATUS
Contractor shall immediately notify H-GAC, in writing, of ANY change in ownership, control,
dealership/franchisee status, Motor Vehicle license status, or name. Contractor shall offer written guidance to
advise H-GAC if this Agreement shall be affected in any way by such change. H-GAC shall have the right to
determine whether or not such change is acceptable, and to determine what action shall be warranted, up to and
including cancellation of Agreement.
ARTICLE 11: TEXAS MOTOR VEHICLE BOARD LICENSING
All that deal in motor vehicles shall maintain current licenses that are required by the Texas Motor Vehicle
Commission Code. If at any time during this Agreement term, any required Contractor license is denied,
revoked, or not renewed, Contractor shall be in default of this Agreement, unless the Texas Motor Vehicle
Page 3 of 4
DocuSign Envelope ID: OED31715-DO26-478B-A21E-A1ECDCD3F43F
Board issues a stay or waiver. Contractor shall promptly provide copies of all current applicable Texas Motor
Vehicle Board documentation to H-GAC upon request.
Page 4 of 4
DocuSign Envelope ID: 76030F01-D572-4D04-8347-D651C3415442
AMENDMENT No. 1 to CONTRACT No. SCO1-21
For
Sewer Cleaning, Hydro -Excavating, Inspection Equipment and Miscellaneous Services
Between
HOUSTON-GALVESTON AREA COUNCIL
And
Duke's Root Control Inc
THIS AMENDMENT modifies the above referenced Contract as follows:
This contract is extended through December 31, 2024 Midnight CT.
Unless otherwise noted, this amendment goes into effect on the date signed by H-GAC. All other terms and
conditions of this Contract shall remain unchanged and in full force and effect.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their respective duly
authorized representatives.
Signed for Houston -Galveston Area Council,
Houston, Texas
Signed for: Duke's Root Control Inc
Printed Name & Title:
�DocuSigned by:
A
Chuck We pfoffiF 14� t-Director
Date: 1/16/2024
DocuSigned by:
M a{� FIS"WAJ,
yF 13k34AUFAi3 F481...
Matt Fishbune
Date: 1/9/2024
CEO
Revised 6.1.18
DocuSign Envelope ID: 76030F01-D572-4D04-8347-D65lC3415442
h-gac.com
Serving Today • Planning for Tomorrow
HOUSTON-GALVESTON AREA COUNCIL
+j1C) PROCUREMENT AND CONTRACTS
PROGRAM
CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND
VOLUNTARY EXCLUSION FOR COVERED CONTRACTS
Federal Executive Order 12549 requires the Houston -Galveston Area Council (H-GAC) to screen each covered potential contractor to determine whether each has a
right to obtain a contract in accordance with federal regulations on debarment, suspension, ineligibility, and voluntary exclusion. Each covered contractor must also
screen each of its covered subcontractors/providers. In this certification "contractor" refers to both contractor and subcontractor; "contract" refers to both contract
and subcontract.
By signing and submitting this certification the potential contractor accepts the following terms:
1. The certification herein below is a material representation of fact upon which reliance was placed when this contract was entered into. If it is later
determined that the potential contractor knowingly rendered an erroneous certification, in addition to other remedies available to the federal government, the
Houston -Galveston Area Council or other federal department or agency, may pursue available remedies, including suspension and/or debarment.
2. The potential contractor shall provide immediate written notice to the person to whom this certification is submitted if at any time the potential contractor
learns that the certification was erroneous when submitted or has become erroneous by reason of changed circumstances.
3. The words "covered contract," "debarred," "suspended," "ineligible," "participant," "person," "principal," "proposal," and "voluntarilyexcluded," as used in
this certification have meanings based upon materials in the Definitions and Coverage sections of federal rules implementing Executive Order 12549.
Usage is as defined in the attachment.
4. The potential contractor agrees by submitting this certification that, should the proposed covered contract be entered into, it shall not knowingly enter into
any subcontract with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless
authorized by the Houston -Galveston Area Council or other federal department or agency, as applicable.
Do you have or do you anticipate having subcontractors under this proposed contract? LEES 00
5. The potential contractor further agrees by submitting this certification that it will include this certification titled "Certification Regarding Debarment,
Suspension, Ineligibility, and Voluntary Exclusion for Covered Contracts " without modification, in all covered subcontracts and in solicitations for all
covered subcontracts.
6. A contractor may rely upon a certification of a potential subcontractor that it is not debarred, suspended, ineligible, orvoluntarily excluded from the covered
contract, unless it knows that the certification is erroneous. A contractor must, at a minimum, obtain certifications from its covered subcontractors upon
each subcontract's initiation and upon each renewal.
7. Nothing contained in all the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification
required by this certification document. The knowledge and information of a contractor is not required to exceed that which is normally possessed by a
prudent person in the ordinary course of business dealings.
8. Except for contracts authorized under paragraph 4 of these terms, if a contractor in a covered contract knowingly enters into a covered subcontract with a
person who is suspended, debarred, ineligible, or voluntarily excluded from participation in the transaction, in addition to other remedies available to the
federal government, Houston -Galveston Area Council, or other federal department or agency, as applicable, may pursue available remedies, including
suspension and/or debarment.
Indicate which statement applies to the covered potential contractor:
n The potential contractor certifies, by submission of this certification, that neither it nor its principals is presently
debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this contract by any
federal department or agency or by the State of Texas.
n The potential contractor is unable to certify to one or more of the terms in this certification. In this instance, the potential
contractor must attach an explanation for each of the above terms to which he is unable to make certification. Attach the
explanation(s) to thiscertification.
NAME OF POTENTIAL CONTRACTOR
YEM"""YYFEDERAL EMPLOYER ID NO.
arzs_nHar ctaai .
Signature o Authorized Representative
Date
Certification Regarding Debarment HGAC
V9.17.20
Printed/Typed Name of Authorized Representative
Title of Authorized Representative
Page 1
DocuSign Envelope ID: 76030F01-D572-4D04-8347-D651C3415442
h-gac.com Serving Today • Planning for Tomorrow
INSTRUCTIONS FOR CERTIFICATION
By signing and submitting this proposal, the prospective contractor is providing the certification
set out below.
The inability of a contractor to provide the certification required below will not necessarily result in denial
of participation in this covered transaction. The prospective contractor shall submit an explanation of why
it cannot provide the certification set out below. The certification or explanation will be considered in
connection with the department or agency's determination whether to enter into this transaction. However,
failure of the prospective contractor to furnish a certification or an explanation shall disqualify such
contractor from participation in this transaction. The certification in this clause is a material representation
of fact upon which reliance was placed when the department or agency determined to enter into this
transaction. If is later determined that the prospective contractor knowingly rendered an erroneous
certification, in addition to other remedies available to the Federal Government, the department or agency
may terminate this transaction for cause or default.
3. The prospective contractor shall provide immediate written notice to the department or agency to which
this proposal is submitted if at any time the prospective contractor learns that its certification was
erroneous when submitted or has become erroneous by reason of changed circumstances.
4. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction,"
"participant," "person," "primary covered transaction," "principal," "proposal," and "voluntarily
excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of
the rules implementing Executive Order 12549. You may contact the department or agency to which this
proposal is submitted for assistance in obtaining a copy of those regulations (13 CFR Part 145).
5. The prospective contractor agrees by submitting this proposal that, should the proposed covered
transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a
person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this
covered transaction, unless authorized by the department or agency entering into this transaction.
6. The prospective contractor further agrees by submitting this proposal that it will include the clause titled
"Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion --Lower Tier
Covered Transactions, "provided by the department or agency entering into this covered transaction,
without modification, in all lower tier covered transactions and in all solicitations for lower tier covered
transactions.
7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower
tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the
covered transaction, unless it knows that the certification is erroneous. A participant may decide the
method and frequency by which it determines the ineligibility of its principals. Each participant may, but
is not required to, check the Non procurement List.
8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in
order to render in good faith the certification required by this clause. The knowledge and information of a
participant is not required to exceed that which is normally possessed by a prudent person in the ordinary
course of businessdealings.
9. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered
transaction knowingly enters into a lower tier covered transaction with a person who is suspended,
debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other
remedies available to the Federal Government, the department or agency may terminate this
transaction for cause or default.
Certification Regarding Debarment HGAC
V9.17.20 Page 2
DocuSign Envelope ID: OED31715-DO26-478B-A21E-A1ECDCD3F43F
Exhibit C
Attachment A
Duke's Root Control Inc
Sewer Cleaning, Hydro -Excavating, Inspection Equipment and Miscellaneous Services
Contract No. SC01-21
H-GAC PRODUCT ITEM BASE OFFERING PRICES
H-GAC
Base
Product
Description
Offered
Code
Price
Dukes Root Control
I. Miscellaneous Sewer Cleaning Services
SC21I003
Razorooter II - Chemical Root Control, 4" thru 9" pipe; {Minimum 3,000 Lft} (price shown
$1.69
is the cost per lineal foot)
SC21I004
Razorooter II - Chemical Root Control, 10" thru 12" pipe; {Minimum 3,000 Lft} (price
$2 02
shown is the cost per lineal foot)
SC21I005
Razorooter II - Chemical Root Control, 13" thru 16" pipe; {Minimum 3,000 Lft} (price
$2 83
shown is the cost per lineal foot)
SC21I006
Razorooter II - Chemical Root Control, 18" thru 22" pipe; {Minimum 3,000 Lft} (price
$5.04
shown is the cost per lineal foot)
SC21I007
Razorooter II - Chemical Root Control, 24" thru 30" pipe; {Minimum 3,000 Lft} (price
$6.45
shown is the cost per lineal foot)
SC21I008
Razorooter II - Chemical Root Control, 32" thru 36" pipe; {Minimum 3,000 Lft} (price
$6.45
shown is the cost per lineal foot)
SC21I009
Razorooter II - Chemical Root Control, 36" thru 48" pipe; {Minimum 3,000 Lft} (price
$6.45
shown is the cost per lineal foot)
SC21I082 ITRACKER I & I MICRODETECTION PROGRAM ALL EQUIPMENT AND SERVICE $1.40/LF
Page 1 of 1
Exhibit D
CONFLICT OF INTEREST DISCLOSURE REQUIREMENT
Pursuant to Chapter 176 of the Local Government Code, any person or agent of a person who contracts or
seeks to contract for the sale or purchase of property, goods, or services with a local governmental entity
(i.e. The City of Fort Worth) must disclose in the Questionnaire Forms CIQ ("Questionnaire") the person's
affiliation or business relationship that might cause a conflict of interest with the local governmental entity.
By law, the Questionnaire must be filed with the Fort Worth City Secretary no later than seven days after
the date the person begins contract discussions or negotiations with the City, or submits an application or
response to a request for proposals or bids, correspondence, or another writing related to potential
agreement with the City. Updated Questionnaires must be filed in conformance with Chapter 176.
A copy of the Questionnaires Form CIQ is enclosed with submittal documents. The form is also available at
http://www.ethics.state.tx.us/forms/CIQ.pdf.
If you have any questions about compliance, please consult your own legal counsel. Compliance is the
individual responsibility of each person or agent of a person who is subject to the filing requirement. An
offense under Chapter 176 is a Class C misdemeanor.
NOTE: If you are not aware of a Conflict of Interest in any business relationship that you might
have with the City, state Contractor name in the # 1, use N/A in each of the areas on the form.
However, a signature is required in the #7 box in all cases.
R--d 6.9.22«
CONFLICT OF INTEREST QUESTIONNAIRE
For vendor doing business with local gov2rninental entity
This questionnaire reflects changes made ro the law by H.B. 23, 941111 Leg., Regular Session.
This questionnaire is being filed in accordance with Chapter 176. Local Govemment Cade, by a vendor who
has a business relationship as defined by Section 176-001(1-a) with a brat governmental entity and the
vendor meats requirements under Section 176.U06(a)-
fay law this questionnaire must be filed with the records adminislratar of the local g(Nammental entity not later
than the 7th business day after the date the vendor becomes aware of facls that requke the statement to- be
filed. Sap Section 1 76-005(a-1), Lccs1 Govemment Code.
A vendor commits an offense if the v-arrdar knowingly violates Section 1HMG, Loaf Govemmenrt Code- An
oilense under this swion is a misdemeanor.
J Name ofvendorwho has business relationshipwith local governmentalentify.
FORM CIO
OFHCE USE ONLY
Date Reaevea
J El Checkihis box if you arm filing an updlafe ios previouslyfiled quesfionnotm (The law requires thatyou file an updated
completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which
you became aware that the originally filed questionnaire was incomplete OF inaccurate.)
J Name of local government officerabout wham the information is being disclosed.
Not Applicable
Na^9e of Officer
J Describe each employment or other business relationship with the local government officer. or a family member of the
officer, as described by Section 176.0O3(a)(2)(A). Also describe any family relationship with lhelocal govemmentofficer.
Complete subparts A and B for each employment or busi ness relationship descri bed. Anac h additional pages to this Fo rm
CIO as necessary.
A- Is the local govemmerrt officer or a family member of the off icar receiving or likely to receive taxable income,
other than investment income. from the vendor?
Yes = No
B- Is thevendor receiving or likely to receive taxable income, other than invesfmani income, from or at the direction
of the local govemment officer or a family memo r of the officer AND the taxable income is not received from the
local governmental entity?
Yes = No
Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or
other business entity with respect to which the local government officer serves as an officer or director. OF holds an
ownership interest of one percent or more.
61
ElCheckthis box if the vendor has given the local goverament officer or a family member of the officer one or more gifts
as descried in Section 176.003(a)(2)(B), excluding gifts described in Section 176-003(a-1 ).
II
D(�(iQilQi 5/14/2024
Signature of vendor doing business with the governmental entity DRIP
Form provided by Texas Ethics Commission www.ethics.state.1x.us Revised 111 2021
Revised 6.9.22cc
CONFUCT OF INTEREST OIIJIIESTI ONNA IRE
Fo r vendor doing busillil:ess with local g ov,ennmeinrtal ,entity
A complete copy of Chapter 176 of the Local Government Code maybe found at h li p,1nN'I,!\I'lsllatutes.l99is.state fx.ust
Docs/LGfll trnlLG 176.hlm . For easy reference, nelowarn some of tile sections cited on thi,sform.
inral G nvari1i1mant (-ndP§ 176_001(1-a - "Business relationship" means a crnmection between two or more parties
based on comme cfal actirvi ty otone oHlle parties . The term does not include a conneotion based on:
(A) a transaotion that issubJeot to ratem fee r99ul!aition by a federal, stale, or local governmenlallenti ty or an
agency of a federal, stale, m I o c a ig ovemmental entity;
(B) a liransaclion conduoted at aprice and subject Io termsavailiabl a to tile p1.1'b1i c; m
(C) apmcl lase or lease of goods or servioesImmaperson that ischartered by a statem federal agency and
that is subjeot to regul!airexaminationby, and repm1ling to, that agency.
inrallG ovemmentCode§ 176.003{a.)(21(Qandl( BIBI.:
(a) A loc agi ovemment officer shall file a confllictsdiscl osure statement with respect to avendor if:
(2) Ihevendor:
rA) has an employment m otherlmsiness mlatiorn,hip with tll e I ocal government officer m a
family member of the officer that results in the officer or family member reoeiving laxabl e
income, other than investment income, that exceeds $2,500 dming the 12-month period
preaeding the date that the officerbecomes aware tllm
(i aoonlract betweentilel ocal lgovern men lal enti tyandvendorhas been executed;
or
(ii) the I ocal governmental! entity is considering entering into a contract wffih tile
vendor;
(B) has givento the I o c a Jg ovemment officeror a family member of theofficeroneor morngilts
Mat haveanagg egate vall.le of more than$100 inlll a 12-mmnthperiodpieoeding thedatetll e
officer becomes awarn that:
(i) a oonliraiot between tile local governmental entiity and vendor has neen executed; or
M the local governmental entity is considering entering into acon tractwiith the vendor.
_inraT Gnvernrne nt (nd'.e S 176.00G(a) and (a:-11,
(a) A vendm shalltiile a oompl etedonfl'iot of interest questionnaire if tile vendor hasa business rel lationship
with a localgovernmental! enti ty and:
(1) has an employment ornther business relationship with a I ocal government officer of that local
govern mentalenIilJ/, ora family member of tile officer, describedby Section 176.003(a)(2HA);
(2) has gi ven aloo aglovernment officer oUhat Iloc agi ovemmental enliity, or afamilY memberof tile
officer, one m more giltswiththe aggregate value specified by Seoliornl761103(a)(2)(B), excluding any
gift desoribed by Section 176.0O3(a-1); or
(3) has a family rnlationslljp wi th a local government officer of tllait local governmental entity.
(a-1) Me oompleted cm1fl'iot of interest questionnaire must ne filedwithtile a;ppmpriale iecmds ac!ministrator
nm Imerthan tile severnth bl.lisiness day aflerthe laternf:
(1) the date thattile vendor:
(A) begins discussions or negotraitions to enter into acontract wi th the I oc agll overnmental
entity; or
(B) submjtstotl"ile I ocalgo.emmentalentityan application, response toarequesl forproposa:ls
or bids, cmmsponc!enae, or another writing related Ill a potential contract with the local
govemmenlal entity; or
(2) the date tile venc!orbecomes aware:
(A) of an employment or otller business relationship with a locallgovernment officer, ma
family mem'berof tile officer, described by Subseotion (a);
(B) that thevendor ha sgiven onem mor egittsdescribed by Subsection (a); or
rq of a tamiiY relmionsllip with a loc agl overnment officer.
Form HOW led by Texas Elhics Commission www.ethics.s:t te.lx.us Revised 1! 1'2021
Rc,i.d 6.9.22cc
4/24/24, 4:06 PM M&C Review
CITY COUNCIL AGENDA
Create New From This M&C
Official site of the City of Fort Worth, Texas
FoRTWORT11
REFERENCE **M&C 24- 13PCOOP HGAC SEWER AND
DATE: 4/23/2024 NO.: 0316 LOG NAME: ROOT CONTROL - ROOT
ERADICATION HO WAT
CODE: P TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: (ALL) Authorize Execution of Agreement with Duke's Root Control Inc. for Sewer Root
Control and Root Eradication Services Using Houston Galveston Area Council
Cooperative Agreement H-GAC SC01-21 in an Amount Up to $300,000.00 for the Water
Department
RECOMMENDATION:
It is recommended that the City Council authorize execution of an agreement with Duke's Root Control
Inc. for sewer root control and root eradication services using Houston Galveston Area Council
Cooperative Agreement H-GAC SC01-21 in an amount up to $300,000.00 with no renewal options for
the Water Department.
DISCUSSION:
The Water Department approached the Purchasing Division to procure chemical root control services
to maintain sewer pipes. Root Control Services consist of sending a low-pressure jet hose from
manhole to manhole while foaming a root inhibitor in sewer pipes ranging from 4 inches to 48 inches
to prevent roots from damaging sewer lines.
Staff recommends awarding an agreement to Duke's Root Control, Inc. using HGAC Cooperative
Contract SC01-21 for root control services in an amount up to $300,000.00. Funding is budgeted in
the Other Contractual Services account within the Water & Sewer Fund for the Wastewater PM And
Cleaning Department
AGREEMENT TERM — The agreement will begin upon execution and will expire on December 31,
2024.
RENEWAL OPTIONS — In accordance with the terms of the H-GAC Contract there are no renewal
options available.
State law provides that a local government purchasing an item under a cooperative purchase
agreement satisfies any state law requiring that the local government seek competitive bids for the
purchase of the item. H-GAC contracts are competitively bid to increase and simplify the purchasing
power of government entities.
ADMINISTRATIVE CHANGE ORDER - An administrative change order or increase may be made by
the City Manager up to the amount allowed by relevant law and the Fort Worth City Code and does not
require specific City Council approval.
An M/WBE goal is not assigned when purchasing from an approved purchasing cooperative or public
entity.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that funds are available in the current operating budget, as previously
appropriated in the Water & Sewer Fund to support the approval of the above recommendation and
execution of the agreement. Prior to any expenditures being incurred the Water Department has the
responsibility to validate the availability of funds.
BQN\\
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4/24/24, 4:06 PM M&C Review
TO
7 Fund Department Account Project Program Activity Budget Reference # Amount
ID ID Year (Chartfield 2)
FROM
Fund Department I Account Project Program Activity Budget Reference # Amount
ID ID Year (Chartfield 2)
Submitted for Citv Manaaer's Office bv:
Oriqinatinq Department Head:
Additional Information Contact:
Reginald Zeno (8517)
Fernando Costa (6122)
Reginald Zeno (8517)
Christopher Harder (5020)
Anthony Rousseau (8338)
Heather Oakes (8354)
ATTACHMENTS
13PCOOP HGAC SEWER AND ROOT CONTROL -ROOT ERADICATION HO WAT.docx (CFW Internal)
FID TABLE FOR SEWER ROOT CONTROL - FY24.xlsx (CFW Internal)
Form 1295 Certificate 101169667.Ddf (CFW Internal)
SAM-DukesRootControl.Ddf (CFW Internal)
SOS-DukesRootControl.Ddf (Public)
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