HomeMy WebLinkAboutContract 61914CSC No. 61914
FORT WORTH
CITY OF FORT WORTH
COOPERATIVE PURCHASE AGREEMENT
This Cooperative Purchase Agreement ("Agreement") is entered into by and between Signs Manufacturing
Corporation ("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 — Seller's Pricing Schedule; OFFICIAL RECORD
3. Exhibit B — Cooperative Agency Contract TIPS 230104; and CITY SECRETARY
4. Exhibit C — Conflict of Interest Questionnaire FT. WORTH, Tx
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 provision 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 term 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 annual payment made under this Agreement by City shall not exceed One
Hundred Thousand Dollars ($100,000.00). 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 April 27, 2025 in line with cooperative contract. Upon the expiration of this
Term, the Agreement shall renew automatically under the same terms and conditions for up to three (3) one-year
renewal periods (April 28 to April 27 annually), unless City or Contractor provides the other party with notice of
non -renewal at least 60 days before the expiration of the Initial Term or renewal period. However, if funds are not
appropriated, the City may cancel the Agreement 30 calendar days after providing written notification to the
Contractor.
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.
The Agreement and the rights and obligations of the parties hereto shall be governed by, and construed in
accordance with the laws of the United States and state of Texas, exclusive of conflicts of laws provisions. Venue
for any suit brought under the Agreement shall be in a court of competent jurisdiction in Tarrant County, Texas.
To the extent the Agreement is required to be governed by any state law other than Texas or venue in Tarrant
County, City objects to such 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:
To CITY:
City of Fort Worth
Attn: Valerie Washington, Assistant City Manager
100 Fort Worth Trail
Fort Worth, TX 76102-6314
Facsimile: (817) 392-8654
With copy to Fort Worth City Attorney's Office at
same address
To VENDOR:
Signs Manufacturing Corporation
4610 Mint Way
Dallas, TX 75236
Facsimile: N/A
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:
By: Valerie Washington (Aug 27, 202416:27 CDT)
Name: Valerie Washington
Title: Assistant City Manager
Date: Aug 27, 2024
APPROVAL RECOMMENDED:
By:
Name:
Roger Venables
Title:
Aviation Director
ATTEST:
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By:
Name:
Jannette Goodall
Title:
City Secretary
VENDOR:
Signs Manufacturing Corporation
By:
Na James Watson
Titl : President
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: EYi 11/ L . 1Z G�
Name: Erin Roden
Title: Sr. Contract Compliance Specialist
APPROVED AS TO FORM AND LEGALITY:
By: o
Name: Jessika Williams
Title: Assistant City Attorney
CONTRACT AUTHORIZATION:
M&C: N/A
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
3 Minimum Percentage Discount Offered to TIPS Members on all Part 1 Goods and Services (READ
6 CAREFULLY)
Please read thoroughly and carefully as an error on your response can render your Part 1 contract
award unusable. If you are not Droposina on Part 1. you must still respond to Droceed but it will not
aDDIv to you unless you decide to propose and are awarded on Part 1.
TIPS Members often turn to TIPS Contracts for ease of use and to receive discounted pricing.
If awarded on Part 1, what is the minimum percentage discount that you can offer TIPS Members off of all
Part 1 goods and service pricing that you offer?
Vendor must respond with a percentage from 0%-100%. The percentage discount that you input below will be
applied to your Part 1 "Catalog Pricing", as defined in the solicitation, for all TIPS Sales made during the life of the
contract. You cannot alter this percentage discount once the solicitation legally closes. You will always be required
to discount every TIPS Sale by the percentage included below. If you add goods or services to your "Catalog
Pricing" during the life of the contract, you will be required to sell those new items with this discount applied.
Example: In this example, you enter a 10% minimum percentage discount below. In year -one of your TIPS
Contract, your published Part 1 "Catalog Pricing" (website/store/published pricing) for "Material A" is $100 and for
"Material A Maintenance Service" is $100. In this example, you must sell those items under the Part 1 TIPS Contract
at the proposed 10% discounted price of: "Material A" - $90, "Material A Maintenance Service" - $90. In year two of
your TIPS Contract, you update your Part 1 "Catalog Pricing" with the market. You add "Material B" to your "Catalog
Pricing" for $200 and have increased the price of "Material A" to $110 and the price of "Material A Maintenance
Service" to $110. In this example, after the Part 1 "Catalog Pricing" update, you must still sell those items under the
Part 1 TIPS Contract at the proposed 10% discounted price of: "Material A" - $99, "Material A Maintenance Service"
- $99, and "Material B" - $180.00.
If you cannot honor the discount on all Part 1 goods and items now included or which may be added in the future
with certainty, then you should offer a lesser discount percentage below.
If awarded on Part 1, what is the minimum percentage discount that you can offer TIPS Members off of all
Part 1 goods and service pricing that you offer?
15% 1
3 Honoring Vendor's Part 1 Minimum Percentage Discount
7
Vendor is asked in these Attribute Questions to provide a Minimum Percentage Discount offered to TIPS Members
on all Part 1 goods and services sold under the TIPS Contract. If proposing on Part 1, points will be assigned for
your response and scoring of your Part 1 proposal will be affected. On your Part 1 evaluation, a "YES" answer will
be awarded the maximum 10 points and a "NO" answer will be awarded 0 points. If you are not proposing on Part 1,
you must still answer to proceed but this term will not apply to you or affect your scoring unless you decide to
propose and are awarded on Part 1.
If awarded on Part 1, does Vendor agree to honor the Minimum Percentage Discount off of their TIPS "Catalog
Pricing" that Vendor proposed for all TIPS Sales made for the duration of the TIPS Contract?
Yes
Page 10 of 37 pages Vendor: Signs Manufacturing Corporation 230104
3 Volume and Additional Discounts
8 In addition to the Part 1 Minimum Percentage Discount proposed herein, does Vendor ever expect and intend to
offer additional, greater, or volume discounts to TIPS Members?
If proposing on Part 1, point(s) may be assigned for your response in the Part 1 category of "Pricing" during scoring
and evaluation. If you are not proposing on Part 1, you must respond to proceed but no points will be assigned for
your response.
INo
3 Part 1 "Catalog Pricing" and Pricing Requirements
9
This is a reauirement of the Part 1 TIPS Contract and is non-neaotiable. If you are not Droaosina on Part
1, you must still aaree to proceed but it will not aaDly to you unless you decide to Droaose and are
awarded on Part 1.
In this solicitation and resulting contract, Part 1 "Catalog Pricing" shall be defined as:
"The then available list of goods or services, in the most current listing regardless of date, that takes the form of a
catalog, price list, price schedule, shelf -price or other viewable format that:
A. is regularly maintained by the manufacturer or Vendor of an item; and
B. is either published or otherwise available for review by TIPS or a customer during the purchase process;
C. to which the Minimum Percentage Discount proposed by the proposing Vendor may be applied.
If awarded on Part 1 of this TIPS Contract, for the duration of the contract, Vendor agrees to provide, upon request,
their then current "Catalog Pricing." Or, in limited circumstances where Vendor has proposed the Percentage Mark -
Up method of pricing in this proposal, proof of Vendor's "cost" may be accepted by TIPS in place of catalog pricing.
YES
Page 11 of 37 pages Vendor: Signs Manufacturing Corporation 230104
4 REQUIRED FOR PART 2 - Vendor's Regular Hours RS Means Coefficient
U What is Vendor's Regular Hours RS Means Coefficient?
The RS Means Price Book is a unit price book adjusted for different geographic areas by using the City Cost Index
for each location. You may visit https://www.rsmeans.com for more information.
You must review the TIPS Part 2 RS Means JOC Pricing Explanation & Rubric under the "Attachments" tab prior to
responding herein.
To propose the RS Means Price Book pricing exactly, Vendor would insert a 1.0 as their Regular Hours RS Means
Coefficient below, to propose a 5% discount off of the RS Means Price Book Vendor would insert a .95 as their
Regular Hours RS Means Coefficient below. To see the full scoring rubric and use TIPS scoring calculator, please
view the TIPS RS Means JOC Pricing Explanation & Rubric under the "Attachments" tab.
Insert Vendor's Regular Hours RS Means Coefficient below.
No response
4 REQUIRED FOR PART 2 - Vendor's After -Hours RS Means Coefficient
1 What is Vendor's After -Hours RS Means Coefficient?
The RS Means Price Book is a unit price book adjusted for different geographic areas by using the City Cost Index
for each location. You may visit https://www.rsmeans.com for more information.
You must review the TIPS Part 2 RS Means JOC Pricing Explanation & Rubric under the "Attachments" tab prior to
responding herein.
The most common After -Hours RS Means Coefficient is "time -and -a -half' of the standard RS Means Unit Price
Book. For example, if Vendor's Regular Hours Coefficient above is .95, Vendor would assert an After -Hours RS
Means Coefficient of 1.45 for "time -and -a -half' pricing. To see the full scoring rubric and use TIPS scoring
calculator, please view the TIPS RS Means JOC Pricing Explanation & Rubric under the "Attachments" tab.
Insert Vendor's After -Hours RS Means Coefficient below.
No response
Page 12 of 37 pages Vendor: Signs Manufacturing Corporation 230104
4 REQUIRED FOR PART 2 - Vendor's Percentage Markup of Items not Pre -Priced within the RS Means
2 Price Book
Here, Vendor must enter a percentage, not a coefficient.
If Vendor sells items which cannot be found in the RS Means Price Book, at what Percentage Markup does Vendor
agree to sell those Non Pre -Priced items? This is a maximum Percentage Markup and Vendor may always offer
customers a lesser markup.
Example: In this example, Vendor is selling a project to a TIPS Member school district and some of the contract
pricing for special materials cannot be verified because it cannot be found in the RS Means Price book. Vendor
may sell those specialty items to the Member this percentage markup from cost. In this example, if one of the
specialty items cost Vendor $100 from the manufacturer and Vendor proposed a Percentage Markup of 30% here,
then Vendor could sell the item to the TIPS Customer for $130.00 or less in this example.
Vendor must provide TIPS with manufacturer documentation reflecting the cost of any non pre -priced item at the
time of the TIPS sale so that TIPS can verify that the proposed percentage markup is being honored.
What is Vendor's Percentage Markup of items not Pre -Priced within the RS Means Price Book?
No response
4 REQUIRED FOR PART 2 - TIPS Pricing and Line Item Estimate Pricing Requirements
3
This is a reauirement of the Part 2 TIPS Contract and is non-neaotiable. If you are not DroDosina on Part
2, you must still aaree to Droceed but it will not apply to you unless you decide to propose and are
awarded on Part 2.
Vendor must respond to the required pricing attributes above seeking RS Means coefficients and a percentage
markup if seeking to propose on Part 2.
If awarded on Part 2 of this TIPS Contract, for the duration of the contract, Vendor agrees to provide a RS Means
line -item estimate to TIPS for each anticipated Part 2 TIPS project or sale. Or, in limited circumstances in contracts
where Xactimate pricing is also expressly permitted and Vendor also submits Xactimate pricing under Part 2, Vendor
may instead provide an Xactimate line -item estimate to TIPS. However, Vendor agrees that when a TIPS Member
Customer seeks a quote for a Part 2 TIPS sale, Vendor will always supply a line -item estimate to TIPS for review and
approval.
Yes, Vendor agrees
Page 13 of 37 pages Vendor: Signs Manufacturing Corporation 230104
Exhibit B — TIPS Contract
The Cooperative Agency Contract GSA #GS-07F-0430V 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:
httDs://www.tips-usa.com/vendorProfile.cfm?RecordID=2845BDOF87BC 16C54CA621447A48AC64
Exhibit C - Conflict of Interest Questionnaire
CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ
For vendor doing business with local governmental entity
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.
J Name of vendor who has a business relationship with local governmental entity.
Signs Manufacturing Corporation
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
CIQ as necessary.
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?
F7Yes a 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?
Yes F 7xNo
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
61 ❑ 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).
71
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Signs e o van or oifig3usiness 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