HomeMy WebLinkAboutContract 61999City Secretary Contract No. 61999
SORTWORTHO
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 Package
Express, LLC ("Vendor"), each individually referred to as a "party" and collectively referred to as the
"parties."
1. Scone of Services. Vendor will provide City with local mail courier services for the
Financial Management Services Department on a daily and as -needed basis ("Services"), as set forth
in more detail in Exhibits "A," attached hereto and incorporated herein for all purposes.
2. Term. This Agreement begins on October 1, 2024 ("Effective Date"), and expires on
September 30, 2025 ("Expiration Date"), unless terminated earlier in accordance with this Agreement
("Initial Term"). City will have the option, in its sole discretion, to renew this Agreement under the same
terms and conditions, for up to three (3) one-year renewal option(s) (each a "Renewal Term").
3. Comnensation. City will pay Vendor in accordance with the provisions of this Agreement,
including Exhibit "B," which is attached hereto and incorporated herein for all purposes. Total annual
compensation under this Agreement will not exceed Thirty -Five Thousand Dollars ($35,000.00). 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.
3.1 Structure of Pavments.
i. The Vendor will issue monthly invoices for all work performed under this Agreement.
Invoices will be submitted no later than the 15th day following the end of the month and sent to
suDDlierinvoices(&fortworthtexas.2ov. A properly prepared invoice shall include the Vendor's
name and federal tax identification number, invoice number, address, date, service or item
description, unit price, extended cost, and City -issued Purchase Order number. Invoices are due
and payable within 30 days of receipt. However, incomplete or inaccurate invoices may result in
delayed payments, as they shall be returned to the Vendor for correction and re -submittal.
ii. The Vendor will provide the City with signed time sheets documenting the time spent
on the Services, which will generally be sufficient documentation to substantiate invoices. If the
City requires additional reasonable documentation, it will request the same promptly after receiving
the above -described information, and the Vendor will provide such additional reasonable
documentation to the extent the same is available.
iii. On full and final completion of the Services, Vendor will submit a final invoice, and
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City will pay any balance due within 30 days of receipt of such invoice.
iv. In the event of a disputed or contested billing, only the portion being contested will be
withheld from payment, and the undisputed portion will be paid. City will exercise reasonableness
in contesting any bill or portion thereof. No interest will accrue on any contested portion of the
billing until the contest has been mutually resolved.
v. For contested billings, the City shall make payment in full to Vendor within 60 days of
the date the contested matter is resolved. If City fails to make such payment, Vendor may, after
giving 7 days' written notice to City, suspend services under this Agreement until paid in full,
including interest calculated from the date the billing contest was resolved. In the event of
suspension of services, Vendor will have no liability to City for delays or damages caused to City
because of such suspension of services.
4.Termination.
4.1.Written Notice. City or Vendor may terminate this Agreement at any time and for any
reason by providing the other party with 30 days' written notice of termination.
4.2Non-annronriation of Funds. In the event no funds 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 portions of the payments herein agreed upon for which funds have been appropriated.
4.3Duties and Obligations of the Parties. In the event that this Agreement is terminated
prior to the Expiration Date, City will pay Vendor for services actually rendered up to the effective
date of termination and Vendor will continue to provide City with services requested by 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 City with copies of all completed or partially
completed documents prepared under this Agreement. In the event Vendor has received access to
City Information or data as a requirement to perform services hereunder, Vendor will return all
City provided data to City in a machine-readable format or other format deemed acceptable to City.
S.Disclosure of Conflicts and Confidential Information.
5.1Disclosure 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 immediately to make full disclosure to City in writing.
5.2Confidential Information. Vendor, for itself and its officers, 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 information to a third parry without the prior written approval of
City.
5.3Public Information Act. City is a government entity under the laws of the State of Texas
and all documents held or maintained by City are subject to disclosure under the Texas Public
Information Act. City and Vendor agree that this Agreement and all documents related to this
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agreement, including invoices and documents related to compensation, are public and shall be
disclosed if requested.
5.4Unauthorized 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 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 City in
identifying what information has been accessed by unauthorized means and will fully cooperate
with City to protect such City Information from further unauthorized disclosure.
5.5 Loss of Data: In the event that one or more pieces of City data are lost or may have
been lost while in the possession of Vendor, Vendor agrees to immediately notify City of the
potential loss of data and disclose all information requested by City.
6. Right 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
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 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 will give Vendor
reasonable advance notice of intended audits.
7. Indeuendent Contractor. It is expressly understood and agreed that Vendor will operate
as an independent contractor as to all rights and privileges and work performed under this Agreement, and
not as agent, representative or employee of 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 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 City and Vendor. It is further
understood that 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. Neither Vendor, nor any officers,
agents, servants, employees, contractors, or subcontractors of Vendor will be entitled to any employment
benefits from 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, contractors, or contractors.
Liabilitv and Indemnification.
8.1LIABILITY - VENDOR WILL BE LIABLE AND RESPONSIBLE FOR ANY AND
ALL PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY,
INCLUDING 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, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, OR
SUBCONTRACTORS.
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8.2GENERAL INDEMNIFICATION - VENDOR HEREBY COVENANTS AND
AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS,
AGENTS, SERVANTS AND EMPLOYEES, FROMAND AGAINST ANYAND ALL CLAIMS
OR LAWSUITS OFANYKIND OR CHARACTER, WHETHER REAL OR ASSERTED, FOR
EITHER PROPERTYDAMAGE OR LOSS (INCLUDINGALLEGED DAMAGE OR LOSS TO
VENDOR'S BUSINESS AND ANY RESULTING LOST PROFITS) AND/OR PERSONAL
INJURY, INCLUDING 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 OR MALFEASANCE OF VENDOR, ITS OFFICERS,
AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, OR SUBCONTRACTORS.
8.31NTELLECTUAL PROPERTY INDEMNIFICATION — Vendor agrees to defend,
settle, or pay, at its own cost and expense, any claim or action against City for infringement
of any patent, copyright, trade mark, trade secret, or similar property right arising from
City's use of the software and/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 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, City will have the right to
fully participate in any and all such settlement, negotiations, or lawsuit as necessary to protect
City's interest, and City agrees 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 infringement arising under this Agreement, City 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 City in defense of such claim or action. City agrees to
give Vendor timely written notice of any such claim or action, with copies of all papers
City may receive relating thereto. Notwithstanding the foregoing, City's assumption of
payment of costs or expenses will not eliminate Vendor's duty to 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 materially adversely restricted, Vendor will, at its own expense and as City's sole
remedy, either: (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's authorized use of
the software and/or documentation; or (c) replace the software and/or documentation
with equally suitable, compatible, and functionally equivalent non -infringing software and/or
documentation at 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 seek any and all remedies available
to City under law.
Assignment and Subcontracting.
9.lAssi2nment. Vendor will not assign or subcontract any of its duties, obligations or
rights under this Agreement without the prior written consent of City. If City grants consent to an
assignment, the assignee will execute a written agreement with City and Vendor under which the
assignee agrees to be bound by the duties and obligations of Vendor under this Agreement. Vendor
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will be liable for all obligations of Vendor under this Agreement prior to the effective date of the
assignment.
9.2Subcontract. If 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 City with a fully executed copy of any such subcontract.
10. Insurance. Vendor must provide 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
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) Worker's 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):
$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 a separate policy specific 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 contractual
agreement and for two (2) years following completion of services provided. An
annual certificate of insurance must be submitted to City to evidence coverage.
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10.2 General Requirements
(a) The commercial general liability and automobile liability policies must name
City as an additional insured thereon, as its interests may appear. The term City
includes its employees, officers, officials, agents, and volunteers in respect to the
contracted services.
(b) The workers' compensation policy must include a Waiver of Subrogation
(Right of Recovery) in favor of City.
(c)A minimum of Thirty (30) days' notice of cancellation or reduction in limits of
coverage must be provided to City. Ten (10) days' notice will be acceptable in the
event of non-payment of premium. Notice must be sent to the Risk Manager, City
of Fort Worth, 200 Texas Street, Fort Worth, Texas 76102, with copies to the Fort
Worth City Attorney at the same address.
(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 City to request required insurance documentation
will not constitute a waiver of the insurance requirement.
(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 ReLyulations. 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 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 CITY AND HOLD 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) delivered by facsimile with electronic
confirmation of the transmission, or (2) received by the other party by United States Mail, registered, return
receipt requested, addressed as follows:
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To CITY:
City of Fort Worth
Attn: Assistant City Manager
200 Texas Street
Fort Worth, TX 76102-6314
Facsimile: (817) 392-8654
With copies to Fort Worth City Attorney's Office
and the Purchasing Division at:
100 Fort Worth Trail
Fort Worth, TX 76102
To VENDOR:
Package Express, LLC
Kevin Tucker, Executive Vice President
2800 Antoine Dr. Suite 2872
Houston, TX 77092
ktucker@packageexpress.net
14. Solicitation of Emulovees. Neither 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 person's employer.
Notwithstanding the foregoing, this provision will not apply to an employee of either party who responds
to a general solicitation of advertisement of employment by either party.
15. Governmental Powers. It is understood and agreed that by execution of this Agreement,
City does not waive or surrender any of its governmental powers or immunities.
16. No Waiver. The failure of 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 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. 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 government 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 States; civil disturbances; other national or regional emergencies; or 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 performance of any such obligation is
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suspended during the period of, and only to the extent of, such prevention or hindrance, provided the
affected Party 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 its Exhibits.
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, which is
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. City must give written notice of any breach of this
warranty within thirty (30) days from the date that the services are completed. In such event, at Vendor's
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 City to Vendor for the nonconforming
services.
25. Immigration 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 employee who performs work under this
Agreement. Vendor must adhere to all Federal and State laws as well as 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 CITY AND HOLD CITY HARMLESS FROM
ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH
BY VENDOR, VENDOR'S EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, OR
AGENTS. 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. 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, 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 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
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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 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 City may have or obtain, without further consideration, free
from any claim, lien for balance due, or rights of retention thereto on the part of City.
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 Comvanv Name or Ownership. Vendor must notify City's Senior Purchasing
Manager, in writing, of a company name, ownership, or address change for the purpose of maintaining
updated City records. The president of Vendor or authorized official 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, copy of the board of director's
resolution approving the action, or an executed merger or acquisition agreement. Failure to provide the
specified documentation so 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"
and "company" has the meanings ascribed to those terms in Section 2271 of the Texas Government Code.
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. Vendor acknowledges that in
accordance with Chapter 2276 of the Texas Government Code, City is prohibited from entering into a
contract for goods or services that has a value of $100,000 or more that is to be paid wholly or partly from
public funds of the City with a company with 10 or more full-time employees 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. 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 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. Vendor
acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government Code, City is
prohibited from entering into a contract for goods or services that has a value of $100,000 or more that is
to be paid wholly or partly from public funds of the City with a company with 10 or more full-time
employees 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. 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
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verification to 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 as 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 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 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)
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ACCEPTED AND AGREED:
CITY OF FORT WORTH:
By: Jo Gunn (Sep T7, 2024 08:33 CDT)
Name: Jo Gunn
Title: Chief Procurement Officer
Date:
APPROVAL RECOMMENDED:
Bc29 Gun Sep 7, 202408:33 CDT)
Name: Jo Gunn
Title: Chief Procurement Officer
ATTEST:
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By
Name: Jannette S. Goodall
Title: City Secretary
VENDOR:
Package Express, LLC
kEVIN 7VCkU,?
By: KEVIN TUCKER (Sep 16, 2024 09:53 CDT)
Name: Kevin Tucker
Title: Executive Vice 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:
Name: Brandy Hazel
Title: Senior Purchasing Manager
APPROVED AS TO FORM AND LEGALITY:
6
By: t)
Name: Jessika Williams
Title: Assistant City Attorney
CONTRACT AUTHORIZATION:
M&C: N/A
Form 1295: N/A
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
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EXHIBIT A
SCOPE OF SERVICES
Vendor shall provide City will local mail courier services for the Financial Management Services
Department on a daily and as -needed basis and as specifically defined herein.
In addition to the schedule included below, City may request additional services during the term
of this Agreement, and services that are not already included in the Agreement may be added based
on the discount bid and price sheet provided in Vendor's bid. All changes to the schedule will be
memorialized through an amendment to this Agreement.
1.0 MAILROOM COURIER SERVICES
1. Vendor will provide a courier to perform the outlined services. Vendor will also provide a
backup courier in the event the original Courier is not available. Vendor will provide a
vehicle large enough to accommodate the City's courier needs. The courieribackup courier
shall wear a uniform representing the Vendor and have a recent picture identification
card/necklace/badge for identification purposes.
2. The Vendor shall pick up mail Monday through Friday, excluding City Holidays, from City
Hall (located at 100 Fort Worth Trail, Fort Worth Texas, 76102) and distribute to the fifteen
distribution points listed below. Vendor should be prepared to implement additional stops
in the future if requested. City will provide the route that shall be completed daily by the
courier. Once the route is set, it shall be maintained in order to arrive at the stop at
approximately the same time every day.
3. Vendor shall be able to perform the mail run each day starting between 8:15 AM and 8:45
AM. As mail is delivered to each location, the courier shall also pick up mail from each
location to be returned to the City Hall mailroom by early afternoon (before 2:00 PM). If
mail is not picked up and delivered to the City Hall mailroom by 2:00 PM, the City shall
not be billed for that day. The amount of mail varies but shall not exceed 40 pounds.
4. Vendor shall maintain a manifest for each day's route, which will include getting a
signature at each drop off/pick-up point along the way. The documentation will be
maintained at the City's mailroom.
5. Vendor shall provide the name of the courier that is solely designated to this contract. The
courier shall have a valid Texas Driver's License as well as transportation to and from each
location. A copy of the courier's driver's license will be provided to City upon execution
of this Agreement. The courier shall have a dolly available at all times.
6. Any traffic tickets received by the courier are the sole responsibility of the courier. The
City will not reimburse or pay for parking.
7. If for any reason the assigned courier is unable to complete the mail run for that day or is
absent, the Vendor shall communicate with the City Mailroom Staff and furnish a suitable
substitute courier within two hours to ensure the route is completed for that day.
8. Courier shall protect all mail when there is inclement weather.
9. The mail delivery points and stop locations are listed below. The City has the ability to add
or remove stops from this list through the term of the Agreement. The Supplier shall include
the first fifteen (15) minutes waiting time per trip at no additional charge to the City.
Vendor Services Agreement Page 12 of 16
City Secretary Contract No.
Additional waiting time (exceeding fifteen (15) minutes) shall be approved by the manager
of the employee who requested the wait.
Stop Location Address (in this order)
Frequency
New City Hall
Daily
100 Fort Worth Trail
Municipal Court
Daily
1000 Throckmorton
Soil Lab
Wednesday
920 Woodward St
Aviation
Daily
201 American Conc
Will Rogers Memorial Coliseum
Monday, Tuesday, and Thursday
3401 Lancaster Ave W
Southwest Municipal Court
Daily
3741 SW Loop 820
Fleet / Solid
Daily
4100 Columbus Trail
Spinks
As Needed
450 Alsbury Ct
Property Management:
Daily
Maintenance/Street/Traffic
5001 James Ave
Police Department
Daily
505 W Felix St
Parks & Recreation
Daily
4200 South Frwy
Worth Heights Community Center
Monday & Wednesday
3551 New York Ave
Animal Care & Adoption Center
Daily
4900 Martin St
Access Opportunities Services
Daily
818 Missouri Ave
Old City Hall
Daily
200 Texas St
New City Hall
Daily
100 Fort Worth Trail
10. Vendor guarantees that on -time deliveries will occur at least 95% of the time. Vendor's
inability to meet the 95% on -time delivery requirement may cause termination of the
agreement.
11. Late deliveries are not acceptable.
12. Vendor is responsible for reimbursing the City for damage to City parts and materials that
occur while being transported or carried by the service. Disputes as to the cause of the
damage will be resolved by the Senior Purchasing Manager of the City Mailroom.
Page 13 of 16
City Secretary Contract No.
2.0 COMPLAINTS
Complaints processed through the City Purchasing Division are to be corrected within fourteen
(14) days of formal notice of complaint. Written response to the Purchasing Division is required.
Failure to properly resolve complaints within the fourteen (14) calendar days period may result in
the cancellation of the applicable line item(s) in the price agreement.
3.0 COMMUNICATION
To provide the customer service required, Vendor will respond quickly and clearly. Vendor must
answer email correspondence from the City within one (1) working day; Vendor must have a
company employee (not an answering service or answering machine) answer the phone during
normal business hours or provide a cell phone number. Phone messages from the City must be
returned within three (3) hours. Vendor will be responsible for all direct correspondence with the
City and shall not delegate communication responsibilities to anyone. All information required to
be submitted shall be the direct responsibility of Vendor.
Page 14 of 16
City Secretary Contract No.
PafikageExpress, LLC rlha Guar2mieed Express
Prup-aaA
For
The City- of Fort Worth RFQ; L&ralMail Courier Services
Packap dress; Cuaw+ee1 RTvr s is a prmldy owned Teams repanal. rauner senate and
logistics pwv du based mEbustam Ie•xaa vw'7thh ofi6rg m Dial mToFt War& and Sam,4mtoma-
We tm-LL a fleet of 180 vEh<cle5 mclahng €ors, SUVs, Carp Vsm, SpmnterVm and Box
Duds. Om dri• vn am eKlpeiienced and ful}y vetted with €rimiml an,d 1%GR bedcgru and checks,
drag sueen, and momare MA and TWIC ce=tifie& Our €,varier services and expedih+d b& shut
fleet encase we meet our d jEW's time aztiral d h-my needs 24 hums m day, 7 dWs a week 365
days a ymF mdx&ug a)mAmds and hoLidxvs. With vur 2&-mced saline €$der entry and undkmg
system you can UviR peeve of mind ab�kmoamg the status oi: yow shi{ane . Our slrtem h
designed to prmade y a aithreal-time UplatEs and notificwbom on the Lo€mtum and delmery
progress of your shipments. Chr semis always n•ailabla to- aw-sw any questions ycumay has'e•:
and caF stated the -art techuGlog_v amass Am ess opaati®s.
Pa crap ExpFess aill pm -.ad, a uni&=x d badg ed primarg coiri er and a b adap Comer mth
coo Fans and 2x4 viled dollies - We ra ll also have [aficemfftramed as addiaanal ba€k
options. Our C mia will pirk up mail iom C* Hall 1fl0 Fat Wia nh Ti Fat Wanh TLLXH.
''dlf}2 hfondzp-Tndaysmnmg at 8:15A.45.114 and d6m2nae all mail totle 15 distaibut;m
paints listed balm and ret= all mad vosa tse 15 s� bad to Cay Hall by 2 DO PM
Our pmapmE!d Fairing for the Loyal. I4i Cvm R, is $9M per stop as hAecl m the 24-0245
Mail Omer Sa- ices Bid Iab CET41MSj. There will be nu dinge far dm fiat 15 minutes of
vw-aiang time aad any admaom.1 time mm* be agpnn-ed by a City of Fort Worth manager_
Thank you forge oppxftE* to mkmut our proposal. Please rort3ctus Lf yoahnre mry
questions or need more idon atioa
Best Repmds,
Kin -in TLmker
Pa€kage 1s, LLC dba
Guaranteed £spmesa
Page 1
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Page 15 of 16
City Secretary Contract No.
EXHIBIT B
PAYMENT SCHEDULE
Total Cost
Quantity
Items Required
Mailroom
Courier Services,
per stop, per
day (quantity
listed is the 3150
annual
estimated
number of
stops)
Fee per (15)
fifteen minutes
1
of Wait Time (as
needed)
Package Express, LLC
31,13 2.000000000004
Unit Total
Price Cost
$ 9.88 $31,122.00
$ 10 $ 10
1. The unit price includes all associated costs, including but not limited to: delivery, freight,
handling, and/or fuel charges. No additional charges will be accepted or paid by the
City.
2. Invoices shall be billed per stop, not per flat rate per day.
3. The unit prices above may be adjusted during the renewal period upon written request from
the Vendor. Vendor must submit its price adjustment request, in writing, at least sixty (60)
days before the renewal effective period. The Vendor shall provide written proof of cost
increases with a price adjustment request.
4. If the City concludes that the price adjustment request is exorbitant, the City reserves the
right to adjust the price adjustment request, or reject the request in its entirety and allow
the contract to expire at the end of the contract term.
5. Unit prices will remain firm for each one-year term of the Agreement.
6. Upon expiration of the Agreement term, Vendor agrees to hold over under the terms and
conditions of this Agreement for a reasonable period of time to allow the City to re -bid an
agreement, not to exceed ninety (90) days. Vendor will be reimbursed for this service at
the prior agreement rate(s). Vendor will remain obligated to the City under all clauses of
this Agreement that expressly or by their nature extends beyond and survives the expiration
or termination of this Agreement.
Vendor Services Agreement Page 16 of 16