HomeMy WebLinkAboutContract 62034CSC No. 62034
FORT WORTH®
VENDOR SERVICES AGREEMENT
This VENDOR SERVICES AGREEMENT ("Agreement") is made and entered into by and
between the CITY OF FORT WORTH ("City"), a Texas home-rule municipal corporation, and
MITCHELL ADDING MACHINE COMPANY, INC. DBA MITCHELL TIME & PARKING
("Vendor"), each individually referred to as a "party" and collectively referred to as the "parties."
1.Scope of Services. Vendor will provide and install 41 retractable bollards at six (6)
strategic intersections in the West 7 th District area located in Council District 9 ("Services"), as set forth in
more detail in Exhibit A ("Scope of Services"), attached hereto and incorporated herein for all purposes.
2.Term. The Initial Term of this Agreement is for one year, beginning on the date that this
Agreement is executed by the City's Assistant City Manager ("Effective Date"), unless terminated earlier
in accordance with this Agreement. City will have the option, in its sole discretion, to renew this Agreement
under the same terms and conditions, for up to four (4) one-year renewal option(s) (each a "Renewal
Term").
3.Compensation.
3.1 Total annual compensation under this Agreement will not exceed one
hundred forty thousand, five hundred twenty-four dollars and sixteen cents ($140,524.16).
3.2 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
("Payment Schedule"), which is attached hereto and incorporated herein for all purposes.
3.3 Vendor will not perform any additional services or bill for expenses incurred for
City not specified by this Agreement unless 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 City first approves such expenses in writing.
4.Termination.
4.1. Written Notice. City or Vendor may terminate this Agreement at any time and for
any reason by providing the other patty with at least 30 days' written notice of termination.
4.2 Non-Appropriation of Funds. In the event no fonds or insufficient funds are
appropriated by City in any fiscal period for any payments due hereunder, 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 City of any kind whatsoever, except as
to the po1tions of the payments herein agreed upon for which funds have been appropriated.
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4.3 Duties and Obligations of the Parties. In tl�e event that this Agi•eement is
teiminated prior to the Expiration Date, City will pay Vendoi• foi• services actually i•endered up to
the effective date of termination, and Vendor will continue to provide City with seivices requested
by City and in accordance with this Ag�•eement up to the effective date of termination. Upon
termination of this Agreement for any reason, Vendor will provide City with copies of all
completed oi• partially completed documents pi•epai•ed undei• this Agreement. In the event Vendoi•
has received access to City Information or data as a requirement to perform services hereunder,
Vendor will 1•eturn all City-provided data to City in a machine-i•eadable format oi• other foi•mat
deemed acceptable to 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 tl�e event that any conflicts of interest arise after the Effective Date of this
Agi•eement, Vendoi• hei•eby agi•ees immediately to make full disclostu�e to City in wi•iting.
5.2 Confidential Infoi•mation. Vendor, foi• itself and its officei•s, agents, and
employees, agrees that it will treat all information provided to it by City ("City Information") as
confidential and will not disclose any such infoi•mation to a thii•d pai�ty without the prior written
approval of City.
5.3 Public Information Act. City is a government entity undei• the laws of the State of
Texas, and all documents held or maintained for City ai•e subject to disclosure undei• the Texas
Public Information Act. In the event there is a rec�uest for infoi•mation marlced Confidential or
Proprietaiy, City will promptly notify Vendor. It will be the responsibility of Vendor to submit
reasons objecting to disclosure to the Texas Attorney General. A determination on whether such
reasons ai•e sufficient will not be decided by City, but by the Office of the Attoi•ney 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 useis to access, modify, delete, oi• othei•wise corrupt City
Information in any way. Vendor must notify City im�nediately if the security or integrity of any
City Information has been compromised or is believed to have been compi•omised, in which event,
Vendor will, in good faith, use all commercially reasonable efforts to cooperate with City in
identifying what information has been accessed by unauthorized means and will fillly cooperate
with City to protect such City Information from furtl�er unauthorized disc]osure.
6. Ri�ht to Audit. Vendor agrees that 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
yeai•s, have access to and the �•ight to e�amine at reasonable times any directly pertinent books, documents,
papei•s, and i•ecords, 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 will have access during
normal working hours to all necessary Vendor facilities and will be provided adequate and appropriate work
space in order to conduct audits in compliance with the provisions of this section. City wil] give Vendoi•
i•easonable advance notice of intended audits.
7. Indenendent Conti•�ctoi•. It is expressly understood and agi•eed that Vendoi• will operate
as an independent contractor as to all rights and privileges and work performed under this Agreement and
not as an agent, representative, or employee of City. Subject to and in acco�•dance with the conditions and
provisions of this Agreement, Vendoi• wil] have tl�e exclusive rigl�t to control the details of its opei•ations
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and activities and shall be solely responsible foi• the acts and omissions of its officers, agents, servants,
employees, vendors, and subcontractors. Vendor acknowledges that the doct�•ine of respondeaf szrperior
will not apply as between City, its officers, agents, sei•vants, and etnployees, and Vendor and Vendoi•'s
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 City and Vendor. It is
fiirthei• unde�stood that City will in no way be considei•ed a co-employer o�� a joint employer of Vendoi• or
any of its officers, agents, servants, employees, contractors, or subcontractors. Neither Vendor, nor any
officers, agents, servants, employees, contractors, or subcontractors of Vendor, will be entitled to any
employment beneiits from City. Vendor will be i•esponsible and liable for any and all payment and repoi•ting
of taxes on behalf of itself and any of its officers, agents, servants, employees, or contractors.
8. Liabilitv and Indemnification.
8.1 LIABILITY - VENDOR WILL 13E LIABLE AND RESPONSIBLE FOR ANY
AND ALL PROPERTY LOSS, PROPERTY DAMAGE, AND PERSONAL INJURY,
INCL UDING, B UT NOT LIMITED TO, DEATH, TO ANY AND ALL PERSONS, OF ANY
ICIND OR CHARACTER, WHETHER REAL OR ASSERTED, TO THE EXTENT CAiISED
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 CITY, ITS OFFICERS,
AGENTS, REPRESENTATIVES, SERVANTS, AND EMPLOYEES, FROM AND AGAINST
ANY AND ALL CLAIMS OR LAWSUITS OF ANY I�IND OR CHAIZACTER, WHETHER
REAL OR ASSERTED, FOR PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED
DAMAGE OR LOSS TO T�ENDOR'S BUSINESS AND ANY RESULTWG LOST PROFITS)
AND PERSONAL INJURY, INCLUDING, BUT NOT LIMITED TO, DEATH, TO ANYAND
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,
REPR5ENTATIVES, SERVANTS, ENIPLOYEES, CONTRACTORS, OR
SUBCONTRACTORS.
8.3 INTELLECTUAL PROPERTY INDEMNIFICATION - VENDOR AGREES
TO DEFEND, SETTLE, OR PAY, AT ITS Otif'N COST AND EXPENSE, ANY CLAIM OR
ACTIONAGAINST CITY FOR INFRINGEMENT OFANYPATENT, COPYRIGHT, TRADE
MARI% TRADE SECRET, OR SIMILAR PROPERTY RIGHT ARISING FROM CITY'S USE
OF SOFTWARE OR DOCUMENTATION IN ACCORDANCE WITH THIS AGREEMENT,
IT BEING UNDERSTOOD THAT THIS AGREEMENT TO DEFEND, SETTLE, OR PAY
WILL NOT APPLY IF 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 CITY PURSUANT TO THIS SECTION,
VENDOR WILL HATjE THE RIGHT TO CONDUCT THE DEFENSE OFANYSUCH CLAIM
OR ACTIONAND ALL NEGOTIATIONS FOR ITS SETTLEMENT OR COMPROMISEAND
TO SETTLE OR COMPROMISEANYSUCH CLAIM; HOYVEVER, CITY WILL HAVE THE
RIGHT TO FULLY PARTICIPATE IN ANY AND ALL SUCH SETTLEMENT,
NEGOTIATIONS, OR LA WSUIT AS NECESSAR Y TO PROTECT CITY'S INTERESTS, AND
CITYAGREES TO COOPERATE WITH VENDOR IN DOING SO. IN THE EVENT CITY,
FOR WHATEVER REASON, ASSUMES THE RESPONSIBILITY FOR PAYMENT OF
COSTS AND EXPENSES FOR ANY CLAIM OR ACTION BROUGHT AGAINST CITY FOR
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INFRINGEMENT ARISING UNDER THIS AGREEMENT, CITY WILL HAVE THE 50LE
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 CDOPERATE WITH CITY IN DEFENSE OF SUCH CLAIM OR ACTION.
CITYAGREES TO GIVE VENDOR TIMELY WRITTEN NOTICE OF ANY SUCH CLAIM
OR ACTION, WITH COPIES OF ALL PAPERS CITYMAY RECEIVE RELATING
THERETO. NOTWITHSTANDING THE FOREGOING, CITY'S ASSUMPTION OF
PAYMENT OF COSTS OR EXPENSES YVILL NOT ELIMINATE VENDOR'S DUTY TD
INDEMNIFY 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 MATERIALLYADVERSELY RESTRICTED, VENDOR
WILL, AT ITS OWNEXPENSE: (A) PROCURE FOR 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
CITY'SAUTHORIZED USE OF THE SOFTWARE AND/OR DOCUMENTATION; OR (C)
REPLACE THE SOFTWARE AND DOCUMENTATION WITHEQUALLY SUITABLE,
COMPATIBLE, AND FUNCTIONALLY EQUIi�ALENT NON-INFRWGING SOFTWARE
AND DOCUMENTATIONAT NO ADDITIONAL CHARGE TO 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
CITY, SUBSEQUENT TO WHICH TERMINATION CITY MAY SEEIC ANY AND ALL
REMEDIESAVAILABLE TO CITY UNDER LAW.
9. Assignment and Subcontractin�.
9.1 Assi n�� nent• Vendoi• will not assign or subcontract any of its duties, obligations,
oi• i•ights tmder this Agreement without the prior wi•itten consent of City. If City grants consent to
an assignment, the assignee will eYecute a written agreement with City and Vendor under which
the assignee agrees to be bound by the duties and obligations of Vendor under this Agi•eement.
Vendor and assignee will be jointly liable for all obligations of Vendor undec this Agreement prior
to the effective date of the assignment.
9.2 Subcontract. If City grants consent to a subcontract, the subcontractor wi11 execute
a written agreement with Vendor i•eferencing this Agreement undei• which subconti•actor agi•ees to
be bound by the duties and obligations of Vendor under this Agreement as such duties and
obligations may apply. Vendor must provide City with a fully executed copy of any such
subconti•act.
10. Insui•ance. Vendor must pi•ovide City with certificate(s) of insui•ance doctunenting
policies of the following types and minimum coverage ]i�nits that are to be in effect prior to coinmencement
of any Services pursuant to this Agreement:
10.1 Coverage and Limits
(a) Commercial Genera] Liability:
$1,000,000 - Each Occucrence
$2,000,000 - Aggcegate
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(b) Automobile Liability:
$1,000,000 - Each occuri•ence on a combined single limit basis
Coverage will be on any vehicle used by Vendor, or its employees, agents, oi•
representatives in the course of providing Services under this Agreement. "Any
vehicle" will be any vehicle owned, hired, and non-owned.
(c) Worl<ers' 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 Injuiy by accident; each accident/occui•i•ence
$100,000 - Bodily Injuiy by disease; each employee
$500,000 - Bodily Injury by disease; policy limit
(d) Professional Liability (Errors & Omissions): ',�' Applicable I�' N/A
$1,000,000 - Each Claim Limit
$1,000,000 - Aggregate Litnit
Professional Liability coverage may be pi•ovided through an endorsement to the
Commercial General Liability (CGL) policy, or a separate policy speciiic to
Professional E&O. Either is acceptable if coverage meets all other requirements.
Coverage must be claims-made, and maintained for the duration of the conti•actual
agreement and for two (2) yeai•s following completion of se�vices provided. An
annual cei•tificate of insuf•ance must be submitted to City to evidence coverage.
10.2 General Requirements
(a) The couvnercial general liability and automobile liability policies inust
name City as an additional insw•ed thereon, as its interests may appear. The term
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 Recovely) in favoi• of City.
(c) A minimum of thii•ty (30) days' notice of cancellation oi• reduction in
limits of coverage must be provided to City. At least ten (l0) days' notice will be
acceptable in the event of cancellation due to non-payment of premium. Notice
must be sent to the Risk Manager, City of Fort Worth, 200 TeYas Street, Fort
Wocth, Te;cas 76102, with copies to the Fort Worth City Atto�•ney at the address
below.
(d) The insurers for all policies nnist be licensed and/or approved to do
business in the State of TeYas. All insurers must have a minimum rating of A- VII
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in the curi•ent A.M. Best I<ey Rating Guide, ol• have i•easonably equivalent financial
sti•ength and solvency to tl�e satisfaction of Risk Management. If the �•ating is
below that required, written approval of Rislc Management is required.
(e) Any failui•e on the part of City to i•equest required insui•ance
documentation will not constitute a waiver of the insurance requirement.
( fl Certificates of Insurance evidencing tl�at Vendoi• has obtained all i•equii•ed
insurance will be de]ivered to the City prioi• to Vendor proceeding with any woi•k
piu•suant to this Agi•eement.
11. Comnliance with Laws, Ordinances, Rules, and Re�ulations. Vendor agrees that in the
perfoi•mance of its obligations hei•e�mder, it will comply with a11 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 la�vs, ordinances, rules, and i•egulations. If City
notifies Vendor of any violation of such laws, ordinances, rules, or regulations, Vendor must immediately
desist from and correct the violation.
12. Non-Discrimination Covenant. Vendor, for itself, its pei•sonal i•epresentatives, assigns,
contractors, subcontractors, and successors in interest, as part of the consideration herein, agrees that in the
performance of Vendor's duties and obligations heretmder, 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 ALLEG�D 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 DEF�ND CITY AND HOLD CITY HARMLESS
FROM SUCH CLAIM.
13. Notices. Notices required puisuant to the provisions of this Agreement will be
conclusively determined to have been delivei•ed when (1) hand-delivei•ed to the othec pai•ty, its agents,
einployees, servants or representatives, or (2) delivered by facsimile with elech•onic confirmation of the
h�ansmission, or (3) received by the othei• party by United States Mail, i•egistered, i•etui•n receipt i•equested,
addressed as follows:
To CITY:
To VENDOR:
City of Fort Worth Mitchell Time & Parlcing
Attn: Assistant City Managei• Gaiy Hobbs, President
100 Foi•t Woi•th Trail (formerly Enei•gy Way) 4806 Noi•th IH-35
Foct Worth, TX 76102 Austin, TX 78751
Facsimile: (817) 392-8654
With a copy to Foi•t Woi•th City Attorney's Office
at same address
14. Solicitation of Emplovees. Neitl�er City nor Vendoc 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
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foregoing, this provision will not apply to an employee of either party who responds to a general solicitation
or advertisement of ernployment by either party.
15. Govet�nmental Powers. It is understood and agreed that, by execution of this Agreement,
City does not waive or surrender any of its govei•nmental powei•s or immunities.
16. No Waiver. The failure of City or Vendor to insist upon the performance of any term or
pi•ovision of this Agreement or to exercise any i•ight gi•anted hei•ein does not constitute a waiver of City's or
Vendor's respective right to insist upon appropriate performance or to assert any such right on any future
occasion.
17. Govet�nin� Law / Venue. This Agreement will be construed in accoi•dance with the laws
of the State of Texas. If any action, whethei• real oi• asserted, at law or in equity, is brought pursuant to this
Agreement, venue for such action will lie in state courts located in Tai•i•ant County, Texas, or the United
States Disti•ict Coui�t foi• the Northern Disti•ict of Texas, Fort Woi�th Division.
18. Severabilitv. If any provision of this Agi•eement is held to be invalid, illegal, oi•
unenforceable, the validity, legality, and enforceability of the remaining provisions will not in any way be
affected or impaired.
19. Force Maieui•e. City and Vendoi• will exercise theii• best efforts to meet tlleir 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 majeame or other causes beyond their reasonable control, including, but not
limited to, compliance with any ]aw, 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 govecnmental authority; transportation
problems; i•esti•aints or prohibitions by any coui�t, boai•d, depai•tment, commission, or agency of tlle United
States or of any state; civil disttu�bances; othei• national oi• regional emergencies; oi• any other similar cause
not enumerated herein but which is beyond the reasonable control of the Party whose performance is
affected (collectively, "Force Majeure Event"). The pe�•formance of any such obligation is suspended during
the period of, and only to the eYtent of, such pi•evention or hind�•ance, provided the affected Party pi•ovides
notice of the Force Majeure Event and an explanation as to how it prevents or liindei•s the Pacty's
pei•formance as soon as reasonably possible after the occui•rence of the Force Majeui•e 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 the notice section of this Agreement.
20. Headin�s Not Controllin�. Headings and titles used in this Agreement are foi• i•efei•ence
ptn•poses only, will not be deemed a part of this Agreement, and are not intended to deiine or limit the scope
of any pi•ovision of this Agreement.
21. Review of Counsel. The parties acicnowledge that each party and its counsel have had the
oppoi•tunity to review and i•evise this Agreement and that the normal i•ule of contract constl•uction to the
effect that any ambiguities are to be i•esolved against the drafting pai•ty will not be employed in the
interpretation of this Agreement.
22. Amendments / Modifications / Estensions. No amendment, modification, oi• eYtension
of this Agi•eement will be binding upon a party hei•eto unless set foirth in a wi•itten instrument executed by
an authorized representative of each party.
23. Enti►�ety of A�reement. This Agreement contains the entire understanding and agreement
between City and Vendor, their assigns, and successors in interest as to the matters contained herein. Any
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prioi• or conteinporaneous oral oi• written agreement is hei•eby declai•ed null and void to the extent in conflict
with any pi•ovision of this Agi•eement.
24. Counternarts. This Agreement may be executed in one or more counterparts, and each
counteipart will, for all purposes, be deemed an original, but all such counterparts will togetl�er constitute
one and t11e same insti•ument.
25. War►�antv of Services. Vendoi• wai•rants that its sei•vices will be of a hig11 quality and
conform to generally prevailing industry standards. City must give written notice of any breach of this
warcanty within thi��ty (30) days from the date that the services are completed. In such event, at Vendor's
option, Vendoi• will either (a) use commercially reasonable efforts to i•e-pei•foi•m the services in a mannei•
that confoi•ms with t11e wai•i•anty, oi• (b) i•efund the fees paid by City to Vendor for the nonconforming
services.
26. Immi�ration 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 City, Vendor will provide City with copies of all I-9
forms and supporting eligibility documentation for each einployee who performs wor]< under this
Agreement. Vendor must adhere to all federal and state laws and establish appropriate procedures and
controls so that no services will be perfoi•tned by any Vendol• employee who is not legally eligible to
pei•foi•m such services. VENDOR WILL IND�MNIFY CITY AND HOLD CITY HARML�SS FROM
ANY PENALTIES, LIABILITI�S, OR LOSS�S DUE TO VIOLATIONS OF THIS PARAGRAPH
BY VENDOR, VENDOR'S �MPLOYEES, CONTRACTORS, SUBCONTRACTORS, OR
AGENTS. City, upon written notice to Vendol•, will have the right to immediately tei•minate this Agreement
for violations of this provision by Vendor.
27. Ownership of Worlc Product. City will be the sole and eYclusive owner of al] reports,
woi•lc papers, procedures, guides, and documentation ci•eated, published, displayed, oi• produced in
conjunction with the services provided under this Agreement (collectively, "Worlc Product"). Fui�ther, City
will be the sole and eYclusive owne�� of all copyright, patent, trademark, trade secret, and other proprietaiy
rights in and to tl�e Work Product. Ownership of the Work Product will inure to the benefit of City fi•om
the date of conception, ci•eation, or fixation of the Work Product in a tangible medium of expi•ession
(wl�ichevei• occ�ii•s fii•st). Each copyi•ightable aspect of the Work Pi•oduct will be considei•ed a"work-made-
for-hire" within the meaning of the Copyright Act of 1976, as amended. If and to the eYtent such Work
Product, oi• any part thei•eof, is not considered a"workanade-for-hire" within the meaning of the Copyrigllt
Act of 1976, as amended, Vendor hereby expressly assigns to City all exclusive right, title, and interest in
and to the Work Pi•oduct, and all copies thei•eof, and in and to the copyi•ight, patent, trademai•k, trade seci•et,
and all other propi•ietary rights thei•ein, that City �nay have or obtain, without further consideration, fi•ee
fi•om any claim, lien foi• balance due, oi• i•ights of retention thei•et.
28. Si�nature Authoritv. The person signing this Agi•eement hereby warrants that they have
the legal authority to eYecute this Agreement on behalf of the respective party, and that such binding
authority has been granted by proper order, resolution, or•dinance, or other authorization of the entity. This
Agi•eement, and any amendment hei•eto, may be executed by any authoi•ized i•epresentative of Vendor. Each
party is fully entitled to rely on these warranties and representations in entering into this Agreement or any
a�nend�nent hereto,
29. Change in Comnanv Name or Ownershin. Vendor must notify City's Purchasing
Manager in wi•iting of a company name, owneiship, oi• addi•ess change for the pui•pose of maintaining
updated City i•ecords. The pi•esident of Vendor oi• authoi•ized ofiicial must sign the letter. A lettei• indicating
changes in a company name or ownership must be accompanied with suppoi-ting lega] doctunentation such
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as an updated W-9, documents iiled with the state indicating such change, copy of the boai•d of director's
resolution approving the action, or an executed �nei•gei• or acquisition agceement. Failui•e to pi•ovide the
specified documentation may adversely impact invoice payments.
30. No Bovcott of IsraeL If Vendor has fewer than 10 employees or this Agi�eement is foi•
less than $100,000, this section does not apply. Vendor acknowledges that in accoi•dance with Chapter
2271 of the TeYas Government Code, the City is prohibited from entering into a contract with a company
foi• goods or sei•vices unless the conti•act contains a wi•itten vei•ification fi�om tl�e company that it: (1) does
not boycott Israel; and (2) will not boycott Israel during the term of the contract The terms "boycott Israel"
and "company" have the meanings asci•ibed to those tei•ms in Section 2271 of the Texas Govei•nment Code.
To the eYtent that Chapter 2271 of the Government Code is applicable to this Agi•eement, by signing this
Agreement Vendor certifies that Vendoi's signature provides written veriiication to the City that
Vendo� :(1) does not boycott Israel; and (2) will not boycott Israel during the term of the Agreement.
31. Prohibition on Bovcottin� Enei•�v 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
accoi•dance with Chaptei• 2276 of the Texas Govei•nment Code, the City is prohibited fi•om entei•ing into a
contract for goods or services unless the contract contains a written verification from the Vendor that it: (1)
does not boycott energy companies; and (2) will not boycott energy companies dui•ing the term of this
Agi•eement. The tei•ms "boycott enei•gy company" and "company" have the meanings ascribed to those
tei•ms in Section 2276 of the TeYas Goveinment Code. To the e�tent that Cllapter 2276 of the Govei•nment
Code is applicable to this Agreement, by signing this Agl•eement Vendor certifies that Vendol•'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.
32. Prohibition on Discrimination A�ainst 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 accoi•dance with Chapter 2274 of the TeYas Govei•nment Code, tlle
City is prohibited from entering into a contract for goods or services unless the contract contains a written
verification fi�om the Vendor 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 dw•ing the
term of the contract against a fii•eai•m entity oi• fii•eai•m trade association. The tei•ms "discriminate," "firearm
entity," and "iirearm trade association" have the meanings ascribed to those tei•ms in Section 2274 of the
TeYas 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
vei�ification to the City that Vendoi�: (1) does not have a pi•�ctice, policy, guidance, oi• dii�ective that
discriminates against a firearm entity or firearm trade association; and (2) will not discriminate
against a firearm entity oi• firearm trade association during the tei•m of this Agreement.
33. Electronic Si�natures. This Agreement may be executed by electronic signature, which
will be considered as an original signature for all purposes and have the same force and effect as an original
signature. For these purposes, "electronic signatui•e" means electi•onically scanned and ti•ansmitted versions
(e.g. via pdf file, email, or facsimile transmission) of an oi•iginal signatui•e, or signatures electronically
inserted via softwai•e such as Adobe Sign.
(signatrn�e page follo►vs)
Vendor Services Agreement P�ge 9 of 12
IN WITNESS WHEREOF, the pat1ies hereto have executed this Agreement in multiples.
CITY OF FORT WORTH:
By:
Name: William Johnson
Title: Assistant City Manager
Date: Sep 26, 2024
MITCHELL ADDING MACHINE
COMPANY, INC., DBA MITCHELL TIME
AND PARKING:
By: GCU:� ,7 lfobbs
ry JHoll � (Sep 25, 202410:57 CDT) Name:
Title:
Gary Hobbs
President Sep 25, 2024
FOR CITY OF FORT WORTH INTERNAL PROCESSES:
Approval Recommentlell:
By:
Name:
Title:
Attest:
By:
Ro�p 26, 202411:44 CDT)
Robert A. Alldredge, Jr.
Executive Assistant Chief
Name: Jannette Goodall
Title: City Secretary
Contract Authorization:
M&C: 24-0414
Date M&C Apprnvell: 5/14/2024
Form 1295: 2024-1134625
Vendor Services Agreement
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: i ,.t Hoover, P.E.
Title: Engineering Manager
Approve• as to Form anti Legality:
BY: Je;sika Williams (Sep 26. 2024 09:03 CDT) Name: Jessika Williams
Title: Assistant City Attorney
Page 10 of 12
EXHIBIT A
SCOPE OF SERVICES
Vendor will fiu�nish and install retractable bollards at 6 identiiied locations for traffic control. See
Attachment 1 for all locations and bollard details.
Vendoi•'s scope includes supplying and installing 41 bollards, 7 additional replacement bollai•ds,
cooi•dination of utility locates, and ti•affic conti•ol.
Vendor will provide a schedule of installation at time of contract execution for City's review and approval.
An 8-12-week turnaround time is estimated between the order and shipment date of the bollards.
Vendor Services Agreement Page 1] of 12
EXHIBIT B
PAYMENT SCHEDULE
See Attachment 2 Vendor Quote. Vendor will coordinate inspection at the completion of installation.
Vendor will submit monthly invoices to City. City will pay all invoices within 30 days of receipt.
Vendor Services Agreement Page 12 of 12
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Attachment 2 - Vendor Quote
. �\1
�
MITCHELL TIME & PARKING
Email: Peter.Elliott@fortworthtexas.gov
Project: Retractable Bollards
Attn: Peter Elliott
QTY
41
7
1
1
Mitchell Adding Machine Company Inc., DBA
Mitchell Time and Parking
4806 North IH-35
Austin, TX 78751
"Serving the Austin and Central Texas Area Since 1945"
Submitted By: Ben Selvik
Phone: 512-371-7773
Date: April 29, 2024
Model Description
R-9472 Stainless Steel Retractable Bollard
Attic Stock R-9472 Stainless Steel Retractable Bollard
Barricading during construction
dig test, Excavate bollard locations, installation,
and configuration of 41 removable bollards
Unit Price Total
$ 1,122.92 $ 46,039.72
$ 1,122.92 $ 7,860.44
$ 4,356.00 $ 4,356.00
$ 70,560.00 � $ 70,560.00
Tarrifs/Freight: $ 11,708.00
Subtotal: $ 140,524.16
Tax: Exempt
Grand Total; $ 140,524.16
Deposit Payment Terms:
* Mitchell Time and Parking requires 50% payment at the time of signing to ensure timely delivery of project.
* Mitchell Time and Parking reserves the right to charge a cancellation fee of 20% of the total contract to be paid
immediately at the time of cancellation.
Mitchell Time and Parking Invoicing Terms:
*Net 10 days, finance charges of 1.5% per month after the first month, and each month thereafter.
The Following are Excluded from this Proposal:
*Overtime Hours
Additional Charges May Apply for After Business Hours (8am-4:30pm) Projects
�
WllOarnJohnson(5 p7_6,202413:07CDT)
Authorized Signature
Sep 26, 2024
Date
Warranty - One Year Parts and Labor Guaranteed
� � � /i�� _�l {,—_
/���Gv % � �
i /
Gary J. Hobbs
President
M&C Review
CITY COUNCIL AGENDA
Create New From This M&C
DATE: 5/14/2024 REFERENCE
N O..
**M&C 24- LOG NAME
0414
CODE: C TYPE
Page 1 of 3
Official site of the City of Fort Worth, Texas
roRT ��roRTii
-��-
35WEST 7TH DISTRICT
TRAFFIC BOLLARDS
MITCHELL
CONSENT PUBLIC NO
HEARING:
SUBJECT: (CD 9) Authorize Execution of a Vendor Services Agreement with Mitchell Time and
Parking for Retractable Bollards and Installation in the West 7th Street Area for Traffic and
Crowd Control in the Amount of $140,524.16 with Options to Renew for the Police
Department
RECOMMENDATION:
It is recommended that City Council authorize execution of a vendor services agreement with Mitchell
Time and Parking for the purchase and installation of retractable bollards in the West 7th Street area
for traffic and crowd control in the amount of $140,524.16 with options to renew for the Police
Department.
DISCUSSION:
The West 7th Entertainment District has become one of the largest districts of its type in the state of
Texas. The area receives thousands of visitors on any given night, and crowds can reach 10,000 to
15,000 people. Venues in the area are bars, which frequently leads to large crowds of people who
have consumed alcohol. Those circumstances may lead to increased incidents of violent and/or
property crime.
As part of the comprehensive crowd management plan employed by the Police Department, certain
one-way streets in the West 7th area are closed to through traffic at specific times. Closing the streets
to vehicular traffic allows officers to expedite the flow of traffic out of the district and prevents incidents
of "cruising." This also enables the officers to safely manage large crowds leaving the bar venues at
closing time and reduces the likelihood of an intoxicated person being struck by a vehicle leaving the
area.
Seven intersections need to be closed to facilitate safe crowd management. Officers are taken out of
service for responding to calls when they use patrol vehicles to block the intersections. Police may
have up to 25 officers assigned to the twelve city block area of the West 7th Entertainment District. In
comparison, the City of Austin has approximately 35 officers on duty for an area of five city blocks.
Taking seven officers out of service to manage intersections reduces the number of officers available
to answer calls by 33 percent and up to 50 percent at times. If officers in the West 7th area are not
available to answer calls because they are tasked with staffing a static post for traffic control, other
officers from the West Patrol would be dispatched; travel time from West Patrol to the West 7th District
is 20 minutes or longer. If West Patrol officers are unavailable, the drive time for another division to
come assist in the West 7th area would be even longer.
In 2023, there were 239 Part One Crimes Against Persons in the West 7th District. In 2023, 115
firearms were seized in the area by West 7th officers. Having officers available to take action
immediately for Crimes Against Persons and removing firearms from streets reduces risks to citizens
and is preferable to having seven officers unavailable for calls while monitoring street intersections.
Barricades similar to a"sawhorse" style have proven ineffective. The barricades may be easily moved
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by intoxicated individuals trying to get into the area, displaced in certain weather conditions, and they
will not stop a vehicle from driving through them. Road closure devices used by Special
Events/Emergency Response (SEER) are extremely heavy and other equipment must be used to
move them. The SEER devices are better suited for temporary events such as the Cowtown
Marathon. Placing these devices in the West 7th area each night for a few hours would require SEER
to come out, place them, then return to remove them. In an emergency, Police or the Fire Department
response would be delayed because they cannot be moved quickly.
This Mayor and Council Communication requests authorization to execute a vendor services
agreement with Mitchell Time and Parking to provide and install 41 retractable bollards at seven
strategic intersections in the West 7th area. Retractable bollards are stronger than "sawhorse"
barricades and the bollards can be locked and unlocked by both Police and the Fire Department to
prevent tampering or allow access as needed. The design is intended to be permanent, may be
lighted or painted for visibility, and collapses back into the street when not in use.
DVIN-BE: The Police Department was approved for a Chapter 252 Exemption by the City Attorney's
Office. Therefore, the business equity goal requirement is not applicable.
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 as long as sufficient funds have been appropriated.
AGREEMENT TERM: Upon City Council's approval and execution of the Agreement by the Assistant
City Manager, the initial term will expire twelve (12) months later with options to renew.
RENEWALS: The Agreement may be renewed for up to four (4) one-year renewal terms, at the City's
option. This action does not require specific City Council approval provided that the City Council has
appropriated sufficient funds to satisfy the City's obligations during the renewal period.
Funding is budgeted in the CCPD Capital Projects Fund for the Police Department for the purpose of
funding the PD Entertainment Dist-Bollards project, as appropriated.
The West 7th District is located in COUNCIL DISTRICT 9.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies funds are available in the current capital budget, as previously
appropriated, in the CCPD Capital Projects Fund for the PD Entertainment Dist-Bollards project to
support the approval of the above recommendation and execution of the agreement. Prior to an
expenditure being incurred, the Police Department has the responsibility to validate the availability of
funds.
Fund Department Account Project Program Activity Budget Reference # Amount
ID ID Year (Chartfield 2)
FROM
Fund Department �count Project Program Activity Budget l Reference # Amount
ID ID Year �(ChartField 2
Submitted for City Manaqer's Office by:
Originating Department Head:
Additional Information Contact:
Valerie Washington (6192)
Neil Noakes (4212)
Robert A Alldredge (4131)
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ATTACHMENTS
35WEST 7TH DISTRICT TRAFFIC BOLLARDS MITCHELL.docx (CFW Internal)
Approved Chapter 252 Mitchell 3-12-2024.pdf (Public)
DVIN Waiver Mitchell 3-18-2024.pdf (CFW Internal)
FID Table Mitchell bollards rev.XLSX (CFW Internal)
Mitchell Form 1295 2024-1134625.pdf (CFW Internal)
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