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Home My WebLink AboutContract 61484FORT WORTH CSC No. 61484 CITY OF FORT WORTH COOPERATIVE PURCHASE AGREEMENT This Cooperative Purchase Agreement ("Agreement") is entered into by and between Safeware Inc. ("Vendor") and the City of Fort Worth ("City"), a Texas home rule municipality. The Cooperative Purchase Agreement includes the following documents which shall be construed in the order of precedence in which they are listed: 1. This Cooperative Purchase Agreement; 2. Exhibit A — Pricing List; 3. Exhibit B — Cooperative Agency Contract GSA #47QSMS24D000B; and 4. Exhibit C — Conflict of Interest Questionnaire Exhibits A, B, and C, 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 A pursuant to the terms and conditions of this Cooperative Purchase Agreement, including all exhibits thereto. If any provisions of the attached Exhibits conflict with the terms herein, are prohibited by applicable law, conflict with any applicable rule, regulation or ordinance of City, the terms in this Cooperative Purchase Agreement shall control. City shall pay Vendor in accordance with the fee schedule in Exhibit A and in accordance with the provisions of this Agreement. Total payment made under this Agreement for the first year by City shall not exceed Fifty Thousand Dollars ($50,000.00). 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 November 14, 2024. The City shall be able to renew this agreement for nineteen (19) one-year renewal options by written agreement of the parties. Vendor agrees that City shall, until the expiration of three (3) years after final payment under this Agreement, or the final conclusion of any audit commenced during the said three years, have access to and the right to examine at reasonable times any directly pertinent books, documents, papers and records, including, but not limited to, all electronic records, of Vendor involving transactions relating to this Agreement at no additional cost to City. Vendor agrees that City shall have access during normal working hours to all necessary Vendor 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. 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. To the extent the Agreement, 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 from the Agreement 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: OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX To CITY: City of Fort Worth Attn: Dana Burghdoff, Assistant City Manager 200 Texas Street Fort Worth, TX 76102-6314 Facsimile: (817) 392-8654 With copy to Fort Worth City Attorney's Office at same address To VENDOR: Safeware, Inc. Address: 801 W 116' Ave Ste 400 Westminster, CO 80234-3624 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: ba�c.21 8t l2rJ By: Dana Burghdoff (Ma, 2024�2 :16 CDT) Name: Dana Burghdoff Title: Assistant City Manager Date: May 30, 2024 APPROVAL RECOMMENDED: By: J s Davis 30, 202410:15 CDT) Name: Jim Davis Title: Fire Chief vvapq ATTEST: p o��RT'o9o0 h� PVo °=d �� n (; aQQnn�� 45gow By: Name: Jannette Goodall Title: City Secretary VENDOR: Safeware, Inc By: Mary Pel y (M� , 20 08:14 EDT) Name: Mary Pelfrey Title: CHRO 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: —BXaRay 30, 2024 09:17 CDT) Name: Brenda Ray Title: Purchasing Manager APPROVED AS TO FORM AND LEGALITY: / By: u Name: Jessika J. Williams Title: Assistant City Attorney CONTRACT AUTHORIZATION: M&C: N/A OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Exhibit A - Pricing List SAFEWARE 0 General Services Administration Federal Supply Service Authorized Federal Supply Schedule Price List On-line access to contract ordering information, terms and conditions, up-to-date pricing, and the option to create an electronic delivery order is available through GSA Advantage!", a menu -driven database system. The INTERNET address for GSA Advantage!"" is: GSAAdvantage.gov Multiple Award Schedule (MAS) FSC Groups: Security and Protection —Protective Equipment Security and Protection —Security Services Scientific Management and Solutions —Medical Equipment Miscellaneous —Apparel Industrial Products and Services —Disinfectants, Sterilants and Deodorizers Product Service Codes: 0000, 3690, 4230, 5120, 5820, 6515, 8405, 8415, 8430, 8465, 8470, 7930 Contract Number: 47QSMS24D000B Contract Period: Nov 15, 2023 - Nov 14, 2028 Safeware, Inc. 4403 Forbes Blvd. Lanham, MD 20706 Telephone: (800) 331-6707 Fax: (301) 683-1220 www.safewareinc.com Contract Administrator: Veronica Douglass Email: vdouelass@safewareinc.com Small Business Concern Effective through Modification- A815 Contract Holder Effective Date- Nov 20, 2023 For more information on ordering from Federal Supply Schedules go to the GSA Schedules page as GSA.gov Safeware, Inc. Page 1 2 General Terms and Conditions: la. Awarded Special Item Numbers (SINS): 316210 Footwear 339113PA Protective Apparel OLM Order -Level Materials (OLM) Breathing Air Equipment and 339112 Related Items Medical/Rescue and Patient 339113R Transportation Products Law Enforcement, Firefighting and 332216 Rescue Tools, Equipment and Accessories Law Enforcement Personal 332999 Equipment Bomb and Hazardous Material 334519 Disposal; Metal and Bomb Detection Lei Lin Includes all types of footwear, including shoes, boots, etc. Includes all protective apparel, including firefighting suits and accessories, body armor, head protection, etc. OLMs are supplies and/or services acquired in direct support of an individual task or delivery order placed against a Schedule contract or BPA. OLM pricing is not established at the Schedule contract or BPA level, but at the order level. Since OLMs are identified and acquired at the order level, the ordering contracting officer (OCO) is responsible for making a fair and reasonable price determination for all OLMs. Includes breathing air equipment, inhalator devices, respiratory protection products, etc. Includes medical and rescue products related to transporting patients, including kits and immobilization devices. Includes firefighting and rescue equipment, such as jaws, cutters, axes, shovels, etc. Includes all personal equipment related to law enforcement, such as restraints, duty belts, flashlights, weapon scopes, gas masks, etc. Includes products necessary for bomb and hazardous material disposal, including protective and detective equipment. SIN 325612 Disinfectants, Sterilants and Includes disinfectants, sterilants, and Deodorizers deodorizers. Terms and Conditions — Safeware, Inc. — GSA Schedule Contract # 47QSMS24D000B Rev. 2023 — November Safeware, Inc. Page 1 3 1b. Lowest Priced Model Number for Each SIN: 332216 200101 $0.00 316210 605128 $293.01 332999 11511 $26.66 334519 GVC-2000-000 $18.14 339113PA FR BALA $4.24 339113R 740015 $6.45 339112 None $0.44 325612 NTW 20075 $23.80 OLM None $0.00 1c. Hourly Rates: Not Applicable 2. Maximum Order: 316210 Footwear 339113PA Protective Apparel OLM Order -Level Materials (OLM) 339112 Breathing Air Equipment and Related Items 339113R Medical/Rescue and Patient Transportation Products Law Enforcement, Firefighting and Rescue Tools, Equipment 332216 and Accessories 332999 Law Enforcement Personal Equipment Bomb and Hazardous Material Disposal; Metal and Bomb 334519 Detection 325612 Disinfectants, Sterilants and Deodorizers $250,000 $250,000 $250,000 $250,000 $250,000 $250,000 $250,000 $ 250,000 $250,000 *If the best value selection places your order over the Maximum Order identified in this catalog/price Iist, you have an opportunity to obtain a better schedule contract price. Before placing your order, contact the aforementioned contractor for a better price. The contractor may (1) offer a new price for this requirement (2) offer the lowest price available under this contract or (3) decline the order. A delivery order that exceeds the maximum order may be placed under the schedule contract in accordance with FAR 8.404. 3. Minimum Order 4. Geographic Coverage: $ 100.00 Domestic (48 States + DC) Terms and Conditions — Safeware, Inc. — GSA Schedule Contract # 47QSMS24D000B Rev. 2023 — November Safeware, Inc. Page 14 5. Production Points: AU AUSTRALIA CA CANADA DE GERMANY DK DENMARK DO DOMINICAN REPUBLIC FI FINLAND FIR FRANCE GB UNITED KINGDOM HR CROATIA JP JAPAN IL ISRAEL IT ITALY MX MEXICO TW TAIWAN UA UKRAINE Us UNITED STATES OF AMERICA CIVIC RESCUE CIVIC RESCUE & RESPONSE BIOMEDICAL, UNITED SHIELD INTERNATIONAL, MSA SAFETY CIVIC RESCUE, MSA SAFETY UNITED SHIELD INTERNATIONAL SAVOX CIVIC RESCUE, MSA SAFETY, PROENGIN DMS PROTECTIVE EQUIPMENT, UNITED SHIELD INTERNATIONAL, DMS, MSA SAFETY HAIX MSA SAFETY UNITED SHIELD INTERNATIONAL, MSA SAFETY CIVIC RESCUE, MSA SAFETY CIVIC RESCUE, MSA SAFETY CIVIC RESCUE, MSA SAFETY MSA SAFETY CIVIC RESCUE, NATIONAL TOWELETTE, KAPPLER INC., BLAUER MANUFACTURING COMPANY, REDWAVE TECHNOLOGY, GENASYS INC., EDWARDS & CROMWELL MFG. INC., PMI - PIGEON MOUNTAIN INDUSTRIES INC., MSA SAFETY, AVON PROTECTION SYSTEMS, INDUSTRIAL SCIENTIFIC CORP (ISC), TACTICAL ELECTRONICS 6. Basic Discount: Pricing shown reflects the GSA net price (Discounts have already been applied) 7. Quantity Discounts: QTY Discount for HAIX: 57%from List, 12+ pairs 8. Prompt Payment Terms: None, Net 30. Information for Ordering Offices: Prompt payment terms cannot be negotiated out of the contractual agreement in exchange for other concessions. 9. Foreign items: See catalog on GSA Advantage (https://www.gsaadvantage.gov) 10a. Time of Delivery: 30-90 Days ARO (see Advantage for specific items) 10b. Expedited Delivery: Contact Vendor 10c. Overnight and 2-Day Delivery: Contact Contractor for available rates 10d. Urgent Requirements: Contact POC to request accelerated delivery or urgent requirements. Terms and Conditions — Safeware, Inc. — GSA Schedule Contract # 47QSMS24D000B Rev. 2023 — November Safeware, Inc. Page 1 5 11. FOB Point: • Products on SIN 325612 are Origin: MFR PART NO PRODUCT NAME 10800 FlexWipes Disinfectant Wipes, 800 Bucket 10801 FlexWipes Disinfectant Wipes, 800 Refill 10802 FlexWipes Disinfectant Wipes, 800 Refill 20075 FlexWipes Disinfectant Wipes, 75 Can 80125 FlexWipes Disinfectant Wipes, 125 Can • All other products are Destination — 48 Contiguous States and District of Columbia and Origin —Alaska, Hawaii, and Puerto Rico. 12a. Ordering Address: Safeware, Inc. 4403 Forbes Blvd Lanham, MD 20706 12b. Ordering Procedures: For supplies and services, the ordering procedures, information on Blanket Purchase Agreements (BPA's), are found in Federal Acquisition Regulation (FAR) 8.405-3. 13. Payment Address: Safeware, Inc. PO Box 76320 Baltimore, MD 21275-6320 14. Warranty Provisions: Standard Commercial Warranty 15. Export Packing Charges: HAZMAT fee $33/case for SIN 334519, RAE Calibration Gas 16. Terms and Conditions of Rental, Maintenance, and repair: Not Applicable 17. Terms and Conditions of Installation: Not Applicable 18a. Service Terms and Conditions Applicable to Repair Parts: Not Applicable 18b: Service Terms and Conditions Applicable to any other Service: Not Applicable 19. List of Service and Distribution points: Not Applicable 20. List of Participating Dealers: Not Applicable 21. Preventative Maintenance: Not Applicable 22a. Environmental attributes: Not Applicable 22b. Section 508 Compliance for EIT: Not Applicable 23. Unique Entity Identifier (UEI): JRVNJLXMZN64 Terms and Conditions — Safeware, Inc. — GSA Schedule Contract # 47QSMS24D000B Rev. 2023 — November Safeware, Inc. Page 16 24. SAM: Contractor registered and active in SAM. Return Policy: All returns and exchanges must be authorized by a company representative and a Return Material Authorization (RMA) must be issued to the requesting entity prior to any return shipment. Returns may be subject to a restocking fee per the Original Equipment Manufacturers (OEM) requirements. Return freight is responsibility of the customer. Refunds will only be provided on new product in OEM packaging. Safeware reserves the right to withhold outbound freight costs from any issued credit. All returns must be returned within 30 days of RMA issuance or RMA will be cancelled. Terms and Conditions — Safeware, Inc. — GSA Schedule Contract # 47QSMS24D000B Rev. 2023 — November Exhibit B - GSA #47QSMS24D000B The Cooperative Agency Contract GSA #47QSMS24D000B is incorporated into this agreement as Exhibit B. The entire text of Exhibit B is omitted for conciseness and is available at the link below: https://www.gsaelibrary.gsa.gov/ElibMain/contractClauses.do? scheduleNumber=MAS&contractNumber=47QSMS24D000B&contractorName=S AFEWARE+INC&duns=JRVNJLXMZN64&source=ci&view=clauses Exhibit C - Conflict of Interest Questionnaire CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity FORM CIQ This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. OFFICE USE ONLY This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who Date Received has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Government Code. A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code. An offense under this section is a misdemeanor. jJ Name of vendor who has a business relationship with local governmental entity. Safeware, Inc. J ❑ Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you 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 or inaccurate.) J Name of local government officer about whom the information is being disclosed. N/A Name 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 176.003(a)(2)(A). Also describe any family relationship with the local government officer. Complete subparts A and B for each employment or business relationship described. Attach additional pages to this Form CIO as necessary. N/A A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income, other than investment income, from the vendor? Yes F-1 No B. Is the vendor receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer or a family member of the officer AND the taxable income is not received from the local governmental entity? 71 Yes F1 No J 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, or holds an ownership interest of one percent or more. N/A J ❑Check this box if the vendor has given the local government officer or a family member of the officer one or more gifts as described in Section 176.003(a)(2)(B), excluding gifts described in Section 176.003(a-1). J �y Mary Pel�y(M` ,1 0814 EDT) May 30, 2024 Signature of vendor doing business with the governmental entity Date Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 1/1/2021 CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity Acomplete copy of Chapter 176 of the Local Government Code maybe found at http://www.statutes.legis.state.tx.us/ Docs/LG/htm/LG.176.htm. For easy reference, below are some of the sections cited on this form. Local Government Code § 176.0010-a): "Business relationship" means a connection between two or more parties based on commercial activity of one of the parties. The term does not include a connection based on: (A) a transaction that is subject to rate or fee regulation by a federal, state, or local governmental entity or an agency of a federal, state, or local governmental entity; (B) a transaction conducted at a price and subject to terms available to the public; or (C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and that is subject to regular examination by, and reporting to, that agency. Local Government Code § 176.003(a)(2)(A) and (B): (a) A local government officer shall file a conflicts disclosure statement with respect to a vendor if: (2) the vendor: (A) has an employment or other business relationship with the local government officer or a family member of the officer that results in the officer or family member receiving taxable income, other than investment income, that exceeds $2,500 during the 12-month period preceding the date that the officer becomes aware that (i) a contract between the local governmental entity and vendor has been executed; or (ii) the local governmental entity is considering entering into a contract with the vendor; (B) has given to the local government officer or a family member of the officer one or more gifts that have an aggregate value of more than $100 in the 12-month period preceding the date the officer becomes aware that: (i) a contract between the local governmental entity and vendor has been executed; or (ii) the local governmental entity is considering entering into a contract with the vendor. Local Government Code § 176.006(a) and (a-1) (a) Avendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship with a local governmental entity and: (1) has an employment or other business relationship with a local government officer of that local governmental entity, or a family member of the officer, described by Section 176.003(a)(2)(A); (2) has given a local government officer of that local governmental entity, or a family member of the officer, one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B), excluding any gift described by Section 176.003(a-1); or (3) has a family relationship with a local government officer of that local governmental entity. (a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator not later than the seventh business day after the later of: (1) the date that the vendor: (A) begins discussions or negotiations to enter into a contract with the local governmental entity; or (B) submits to the local governmental entity an application, response to a request for proposals or bids, correspondence, or another writing related to a potential contract with the local governmental entity; or (2) the date the vendor becomes aware: (A) of an employment or other business relationship with a local government officer, or a family member of the officer, described by Subsection (a); (B) that the vendor has given one or more gifts described by Subsection (a); or (C) of a family relationship with a local government officer. Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 1/1/2021