HomeMy WebLinkAboutContract 61554CSC No. 61554
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 home rule municipal corporation of the State of Texas,
acting by and through its duly authorized representative, and THE BILLIARD FACTORY, LTD.
("Vendor"), a Texas limited partnership, acting by and through its duly authorized representative. The City
and Vendor are herein referred to individually as a ("Party") and collectively as the ("Parties").
1. Scope of Services. Vendor will provide the Park & Recreation Department gaming tables,
sales, and services ("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 ("Initial Term"), unless
terminated earlier in accordance with this Agreement. The Initial Term shall begin on the date that this
Agreement is executed by the City's Assistant City Manager ("Effective Date"). 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 periods (each a "Renewal Term").
3. Compensation.
3.1 Total compensation under this Agreement will not exceed an annual amount of
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 the 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 not specified
by this Agreement unless the City requests and approves in writing the additional costs for
such services. City will not be liable for any additional expenses of Vendor not specified
by this Agreement unless 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 at least 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
appropriations were received without penalty or expense to the City of any kind whatsoever, except
as to the portions of payments herein agreed upon for which funds have been appropriated.
OFFICIAL RECORD
Vendor Services Agreement - The Billiard Factory, Ltd. CITY SECRETARY Page 1 of 18
FT. WORTH, TX
4.3 Duties and Obligations 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 the City Information or data as a requirement to perform services
hereunder, Vendor will return all the City -provided data or Information 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 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 to immediately make full disclosure to City in writing.
5.2 Confidential Information. Vendor, for itself and its officers, agents, and employees,
agrees that it will treat all information provided to it by 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 by Vendor as
Confidential or Proprietary, the City will promptly notify Vendor. It will be the responsibility of
Vendor to submit to the Texas Attorney General's Office 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 City Information in a secure
manner and will not allow unauthorized users to access, modify, delete, or otherwise corrupt City
Information in any way. Vendor must notify the City immediately if the security or integrity of any
City Information has been compromised or is believed to have been compromised, in which event,
Vendor will, in good faith, use all commercially reasonable efforts to cooperate with 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 workspace in order to conduct audits in compliance with the provisions of this section. The
City will give Vendor reasonable advance notice of intended audits.
Vendor Services Agreement - The Billiard Factory, Ltd. Page 2 of 18
7. Independent Contractor. It is expressly understood and agreed that Vendor will operate
as an independent contractor as to all rights, privileges, and work performed under this Agreement, and not
as an 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 of Vendor. 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, 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, FROMAND
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 OUT OF OR IN
CONNECTION WITH THIS AGREEMENT, TO THE EXTENT CAUSED BY THE
NEGLIGENT ACTS OR OMISSIONS, MALFEASANCE, OR INTENTIONAL
MISCONDUCT OF VENDOR, ITS OFFICERS, AGENTS, REPRSENTATIVES, 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, trademark, 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 the
City for infringement arising under this Agreement, the City
Vendor Services Agreement - The Billiard Factory, Ltd. Page 3 of 18
will have the sole right to conduct the defense of any such claim or action and all negotiations
for its settlement or compromise and to settle or compromise any such claim; however,
Vendor will fully participate and cooperate with 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: (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.
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 the City with a fully executed copy of any such
subcontract.
10. Insurance. Vendor must provide the 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
Vendor Services Agreement - The Billiard Factory, Ltd. Page 4 of 18
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) Workers' 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 & Omissions): ❑ Applicable ® N/A
$1,000,000 - Each Claim Limit
$1,000,000 - Aggregate Limit
Professional Liability coverage may be provided through an endorsement to the
Commercial General Liability (CGL) policy or by a separate policy specific to
Professional E&O. Either is acceptable if coverage meets all other requirements.
Coverage must be on a claims -made basis 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 the City to
evidence coverage.
10.2 General Reauirements
(a) The commercial general liability and automobile liability policies must
name the City as an additional insured thereon, as its interests may appear. The
term "the City" includes its employees, officers, officials, agents, and volunteers
with respect to the contracted services.
(b) The workers' compensation policy must include a Waiver of Subrogation
(Right of Recovery) in favor of the City.
(c) A minimum of at least thirty (30) days' notice of cancellation or reduction
in limits of coverage must be provided to the City. At least 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.
Vendor Services Agreement - The Billiard Factory, Ltd. Page 5 of 18
(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 the 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 THE CITY AND HOLD THE CITY
HARMLESS FROM SUCH CLAIM.
13. Notices. Notices required pursuant to the provisions of this Agreement will be
conclusively determined to have been delivered when (1) hand -delivered to the other party, its agents,
employees, servants, or representatives, (2) delivered by facsimile with electronic confirmation of the
transmission, or (3) received by the other party by United States Mail, registered, return receipt requested,
addressed as follows:
To CITY:
To VENDOR:
City of Fort Worth
The Billiard Factory, Ltd.
Attn: Assistant City Manager
Attn: Ryan Stick
100 Fort Worth Trail
2013 S Persimmon St, Suite 100
(previously Energy Way)
Tomball, Texas 77375
Fort Worth, TX 76102
With copy to Fort Worth City Attorney's Office at
same address
14. Solicitation of Emplovees. Neither the 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 other party. Notwithstanding the
foregoing, this provision will not apply to an employee of either party who responds to a general solicitation
or advertisement of employment by either party.
15. Governmental Powers. It is understood and agreed that by execution of this Agreement
the City does not waive or surrender any of its governmental powers or immunities.
Vendor Services Agreement - The Billiard Factory, Ltd. Page 6 of 18
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. The 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 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 state; 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 Parry provides
notice of the Force Majeure Event and an explanation as to how it prevents or hinders the Party's
performance as soon as reasonably possible after the occurrence of the Force Majeure Event, with the
reasonableness of such notice to be determined by the City in its sole discretion. The notice required by this
section must be addressed and delivered in accordance with Section 13 of this Agreement.
20. Headings not Controlling. Headings and titles used in this Agreement are for reference
purposes only, will not be deemed a part of this Agreement, and are not intended to define or limit the scope
of any provision of this Agreement.
21. Review of Counsel. The parties acknowledge that each party and its counsel have
reviewed and revised this Agreement and that the normal rules of construction to the effect that any
ambiguities are to be resolved against the drafting party will not be employed in the interpretation of this
Agreement or Exhibits A,13, and C.
22. Amendments / Modifications / Extensions. No amendment, modification, or extension
of this Agreement will be binding upon a party hereto unless set forth in a written instrument executed by
an authorized representative of each party.
23. Counterparts. This Agreement may be executed in one or more counterparts, and each
counterpart will, for all purposes, be deemed an original, but all such counterparts will together constitute
one and the same instrument.
24. Warranty of Services. Vendor warrants that its services will be of a high quality and
conform to generally prevailing industry standards. The City must give written notice of any breach of this
warranty within thirty (30) days from the date of the discovery of the breach. In such event, at Vendor's
Vendor Services Agreement - The Billiard Factory, Ltd. Page 7 of 18
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 the City to Vendor for the nonconforming
services.
25. Immigration and 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 the City, Vendor will provide the 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 and 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 THE CITY AND HOLD THE CITY
HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF
THIS PARAGRAPH BY VENDOR, VENDOR'S EMPLOYEES, CONTRACTORS,
SUBCONTRACTORS, OR
AGENTS. The 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. The 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, the
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
the 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 the 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 the City may have or obtain, without further
consideration, free from any claim, lien for balance due, or rights of retention thereto.
27. Signature Authoritv. The person signing this Agreement hereby warrants that they have
the legal authority to execute this Agreement on behalf of the respective party, and that such binding
authority has been granted by proper order, resolution, ordinance, or other authorization of the entity. This
Agreement and any amendment hereto, may be executed by any authorized representative of Vendor. Each
party is fully entitled to rely on these warranties and representations in entering into this Agreement or any
amendment hereto.
28. Change in Companv Name or Ownership. Vendor must notify the City's Purchasing
Manager, in writing, of a company name, ownership, or address change for the purpose of maintaining
updated City records. The president or authorized official of Vendor 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, a copy of the board of director's
resolution approving the action, or an executed merger or acquisition agreement. Failure to provide the
specified documentation 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"
Vendor Services Agreement - The Billiard Factory, Ltd. Page 8 of 18
and "company" have the meanings ascribed to those terms in Section 2271 of the Texas Government Code.
To the extent that Chapter 2271 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 Israel; and (2) will not boycott Israel during the term of the Agreement.
30. Prohibition on Bovcotting Energv Companies. 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 2276 of the Texas Government Code, the City is prohibited from entering into
a contract for goods or services 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 meanings ascribed to those terms
in Chapter 2276 of the Texas Government Code. To the extent that Chapter 2276 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. 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 2274 of the Texas Government Code, the City
is prohibited from entering into a contract for goods or services 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 meanings ascribed to those terms in Chapter 2274 of the
Texas Government Code. 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 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, email, 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 the City and Vendor, their assigns and successors in interest, as to the matters contained herein.
Any prior or contemporaneous oral or written agreement is hereby declared null and void to the extent in
conflict with any provision of this Agreement.
(signature page follows)
Vendor Services Agreement - The Billiard Factory, Ltd. Page 9 of 18
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiples.
City:
B: ��
Y
Name: Jesica McEachern
Title: Assistant City Manager
Date: Jun 12, 2024
Vendor:
By:
Name: Ryan Stick
Title: Owner
Email: rstick@billiardfactory.com
Date: Jun 4, 2024
FOR THE CITY OF FORT WORTH INTERNAL PROCESSES:
Approval Recommended:
By:
Name: Richard Zavala
Title: Director
Park & Recreation Department
e2 �
By: a
Name: Kelli Pickard
Title: Assistant Director
Park & Recreation Department
Approved as to Form and Legality:
By. %x.o�y Quad
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.
By:
Name: Eric Lopez
Title: District Superintendent
Park & Recreation Department
City Secretary:
By:
Name: Jannette S. Goodall
Title: City Secretary
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OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Vendor Services Agreement - The Billiard Factory, Ltd. Page 10 of 12
EXHIBIT A
SCOPE OF SERVICES
Requestor Name:
Eric Lopez
Date:
8/25/2023
BU#
80
HUB:
N/A
Name:
Billiard Factory
Address:
400 hedgecoxe
Rd
Plano, TX 75024
Item
Description
Quantity
UOM
Unit Price
Total
1
Pool Table- Black Wolf II 8 Ft pocket
1
EA
$3,510.89
$3,510.89
2
Pool Table- Devro 8 Ft Black
1
EA
$2,249.99
$2,249.99
3
Pool Table- Eliminator 8'
1
EA
$0.00
4
Pool table installation
1
EA
$300.00
$300.00
5
Hockey table- Pro Style Air Hockey 8'
1
EA
$4,679.99
$4,679.99
6
Hockey table- Pro Style Dynamo 8'
1
EA
$0.00
7
Hockey table installation
1
EA
$300.00
$300.00
8
Foosball table- Classic Foosball
1
EA
$2,159.99
$2,159.99
9
Foosball table- Striker Foosball
1
EA
$1,079.99
$1,079.99
10
Foosball table- Kick Foosball
1
EA
$854.99
$854.99
11
Foosball table- Tornado Sportl
1
EA
$0.00
12
Foosball table installation
1
EA
$150.00
$150.00
13
Table tennis table- Smash 7.0
1
EA
$1,458.24
$1,458.24
14
Table Tenis Installation
1
EA
$150.00
$150.00
15
Service- Pool table
EA
$0.00
16
Move 6-9'
1
EA
$475.00
$475.00
17
Move with re -felt
1
EA
$585.00
$585.00
18
Assemble with re -felt
1
EA
$350.00
$350.00
19
Re -felt
1
EA
$225.00
$225.00
20
Re -glue rubber during re -felt
1
EA
$25.00
$25.00
21
Assemble
1
EA
$295.00
$295.00
22
Disassemble
1
EA
$195.00
$195.00
23
Move in house
1
EA
$400.00
$400.00
24
Stairs
1
EA
$75.00
$75.00
25
Move to storage- no assembly
1
EA
$295.00
$295.00
26
Move from storage- no dissasemble
1
EA
$365.00
$365.00
27
Slide in room
1
EA
$150.00
$150.00
28
Relevel no slate work
1
EA
$125.00
$125.00
29
Extra or new facings
1
EA
$25.00
$25.00
Vendor
Services Agreement - The Billiard Factory, Ltd.
Page 11 of 18
30
Re -rubber rails brought in
1
EA
$225.00
$225.00
31
Strip / Recover rails brought in
1
EA
$125.00
$125.00
32
Recover only rails brought in
1
EA
$85.00
$85.00
33
Excess mileage (per mile)
1
EA
$2.50
$2.50
34
Service- Other
EA
$0.00
35
Shuffleboard installation 9-12'
1
EA
$300.00
$300.00
36
Shuffleboard installation 14-22'
1
EA
$300.00
$300.00
37
Arcade Installation
1
EA
$150.00
$150.00
38
Service call
1
EA
$150.00
$150.00
39
Extra crew- if needed
1
EA
$200.00
$200.00
40
Furniture delivery
1
EA
$150.00
$150.00
41
Furniture assembly only
1
EA
$25.00
$25.00
42
Ping Pong conversion top only
1
EA
$75.00
$75.00
43
Re -tip cue
1
EA
$15.00
$15.00
44
Replace ferrule and tip
1
EA
$90.00
$90.00
Total Annual Cost: $22,371.58
Vendor Services Agreement - The Billiard Factory, Ltd. Page 12 of 18
a1LLNR
FA 70RY
Plano
4000 Hedgcoxe Rd
PLANO TX 75024
972 712-4232
Sold To
CITY OF FORT WORTH
1100 NW 18TH ST
Fort Worth, TX 76164
Work: 817 392-7992
Sales Quote
4176124
Estimated Date Document date
As Soon As Possible1 05Ji6Ji3
Deliver To
WILL CALL
WILL CALL
Foit Worth, TX 76164
Quote
Terns
Salesperson Customer # Store
Valid for 14 days
Except Promotions
DUE ON RECEI-T
PHAM
4176164
41
Priwed: 0 5f 26/23 11:47AM
D - Delivery
**INTRC•DUCTORY TABLE ONION QUOTE a
Ln# Model/ Brand/ Description Order Price
Amount
7 Bevro 8Ft Black
***7' SAME PRICE AS 8'
2 D Invitational Felt 8Ft Green
WMFLON CHAMPIONSHIP GREEN
***BF PREMIUM CLOTH SELECTION $299.99 UPCHARGE
1 $2,499.99
CES10 $2,249.99 $2,249.99
1 $179.99
PTBINC $0.00 $0.00
3 D Diplomat Kit 1 $259.99
PTBINC $0.00 $0.00
***PLATINUM ACCESSORY KIT $299.99 UPCHARGE***
4 D POOL TABLE INSTALLATION 1 $300.00 $300.00
Merchandise: $2,549.99
Total Sales Quote: $2,549.99
Thank You for your business. Have a Great Day!
Vendor Services Agreement - The Billiard Factory, Ltd. Page 13 of 18
I L. L FR
FAC70 Y
Plano
4000 Hedgcoxe Rd
PLANO TX 75024
972 712-4232
Sold To
CITY OF FORT WORTH
1100 NW 18TH ST
Fort Worth, TX 76164
Work: 817 392-7992
Sales Quote
4176124
Estimated Date Date
As Soon As Possible 05/26/23
Deliver To
WILL CALL
WILL CALL
Foit Worth, TX. 76164
Quote
Terms
Salesperson Customer # Store
Valid for 14 days
Except P _ _ . _ a
DUE ON RECEIPT
PHAM
4176164
4-
Printed: 0 5J26J23 11:47AM
D - De ve.Y
H-D LEvELTAB LE C-:-T-C,N 1�-:1TE
Ln# Model/ Brand/ Description Order Price
Amount
I D Invitational Felt 8Ft Green
W17EFLON CHAMPIONSHIP GREEN
***BF PREMIUM CLOTH SELECTION $299.99 UPCHARGE
2 D Diplomat Kit
***PLATINUM AOCESSORY KIT $299.99 UPCHARGE***
3 D POOL TABLE INSTALLATION
4 D Black Wolf Pool Table-BFt-Bk
Black w{Pocket
***7' OPTION $300.00 LESS
1
S173,35
PTBINC
$0.00 Sv,.vIv
1
$259.99
PTBINC
$0.00 $0.00
1
$300.00 $300.00
1 $3,900.99
DES10 $3,510.89 $3,510.89
Merchandise: $3,810.89
Total Sales Quote; $3,810.89
Thank You for your business. Have a Great Day!
Vendor Services Agreement - The Billiard Factory, Ltd. Page 14 of 18
I I A F
R701R
Plano
4000 Hedgcoxe Rd
PLANO TX 75024
972 712-4232
Sold To
CITY OF FORT WORTH
1100 NW 18TH ST
Fort Worth, TX 76164
Work: 817 392-7992
II IIIIIII■IIIII11111111111
Sales Quote
4176124
Estimated Date Document Date
As Soon As Possible 05/26/23
Deliver To
WILL CALL
WILL CALL
Foit Worth, TX 76164
Quote
Terms
Salesperson Customer # store
Valid for 14 days
Except Promotions
CUE ON RECEI-T
PHAM
4176164
41
Printed: 05/26/23 11:47r4M
D - Delivery
**T4P LEVEL TABLE OPTION QUOTE"
Ln# Model/Brand/Description Order Price
fflanouffft
1 7 Invitational Felt 8Ft Green 1 $179.99
W17EFL0N CHAMPIONSHIP GREEN
PTBINC $0.00 $0.00
***BF PREMIUM CLOTH SELECTION $299.99 UPCHARGE
2 D Diplomat Kit 1 $259.99
PTBINC $0.00 $0.00
***PLATINUM ACCESSORY KIT $299.99 UPCHARGE***
3 D POOL TABLE INSTALLATION 1 $300.00 $300.00
4 D Black Wolf Pro- 8Ft - Pocket 1 $5,400.99
DES14 0,860.89 $4,860.89
***7' VERSION $500.0D LESS***BALL RETURNIGULU
VERSION $400.00 UPCHARGE
Merchandise: $5,160.99
Total Sales Quote: $5,160.89
Thank You for your business. Have a Great Day!
Vendor Services Agreement - The Billiard Factory, Ltd. Page 15 of 18
1L.1.I.F
RA 7 0 Ry
Plano
4000 Hedgeoxe Rd
PLAN O TX 75024
972 712-4232
Sold To
CITY OF FORT WORTH
1100NW18THST
Fort Worth, TX 76164
Work: 617 392-799t
Sales Quote
4176138
Estimated Date Document Date
As Soon As Possible 05/26/23
Deliver To
WILL CALL
WILL CALL
Foit Worth, -: 76164
Quote
Terms
Salesperson Customer # Store
Valid for L4 days
Except Promotions
Dl = ON R=C:E=:T
PrAM
4_f6164
4_
Printed: 0 5J26f 23 12 : 34PM
D - Delivery
Ln# Model/ Brand/ Description Order Price
#mount
1 D Pro Style Air Hockey - 7Ft 1 $4r999.99
DESK• T4,499.99 $4,499.99
2 D Pro Style Air Hockey - 8Ft 1 $5,199.99
DES10 $4,679.99 $4,679.99
3 D DELIVER AND SET UP PRO STYLE 1 $300.00 $300.00
AIR HOCKEY
4 D V-FORCE 2.0 AIR HOCKEY 1 $1,499.99
DES10 $1,349.99 $1,349.99
5 D DELIVER AND SET UP AIR HOCKEY 1 $150.00 $150.00
HOME GAMES ONLY
6 D Classic Foosball 1 $2,399.99
DES10 $2,159.99 $2,159.99
7 D Striker Foosball 1 $1,199.99
DES10 $1,079.99 $1,079.99
8 D Corner Kick Foosball 1 $949.99
Thank You for your business. Have a Great Day!
Vendor Services Agreement - The Billiard Factory, Ltd. Page 16 of 18
F^ 7 Q 19
Plano
4000 Hedgcoxe Rd
PLANO TX 75OZ4
972 712-4232
CITY OF FORT WORTH
1100 NW 18TH ST
Fort Worth, TX 76164
Work: 817 392-7992
II IIIIIII■IIIII111111111 IIII
Sales Quobe
4176138
Estimated Date Document Date
As Soon As Possible) 05/26/23
IL Deliver Ta
WILL GALL
WILL CALL
Fort Worth, TX 76164
Quote
Terms
Salespers(m Customer # Store
Valid for 14 days
Except Promotions
DUE ON RECE-PT
PHAM
4=f616
4=
Printed: 05/26J23 12 ; 34PM
D - Delivery
Ln# Model/Brand/Description Order Price
Amount
EKES=C- $854.99 $854,39
9 D DELIVER AND SET UP FOOSBALL 1 $15Q.00 $150.00
10 D Smash 3.0 Table Tennis -Green
1
$895.99
DES5
$851.19
$851.19
11 D Smash 7.0 IfC Table Tennis
1
$1,534.99
BLACK
DES5
$1,458.24
$1,458.24
12 D CORNILLAEU 60OX - BLACK
1
$2r199.99
Outdoor table
DE55
$2,089.99
$2,089.99
**EQUIPMENT SOLO} SEPERATELY
13 D DELIVER AND SET UP FURNITURE
1
$150.00
t15o.00
**CORNILLEAU MODELS ADDITIONAL $100.00 ASSEMBLY
FEE
Merchandise: $19,774.36
Thank You for your business. Have a Great Day!
Vendor Services Agreement - The Billiard Factory, Ltd. Page 17 of 18
1*14111:31181.1
PAYMENT SCHEDULE
Following delivery and acceptance of the goods or services delivered by the City, the Vendor must provide
the City with an invoice summarizing (i) the goods or services delivered, (ii) requesting payment, and (iii)
listing the purchase order number on the invoice. 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 by email at Supplierinvoices@fortworthtexas.gov, or by mail to Attn: Accounts Payable, 100 Fort
Worth Trail (formerly Energy Way), Fort Worth, Texas 76102.
Vendor Services Agreement - The Billiard Factory, Ltd. Page 18 of 18