HomeMy WebLinkAboutContract 62101CSC No. 62101
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 YEAR ROUND, LLC DB/A MAJESTIC CHRISTMAS COMPANY ("Vendor"), each
individually referred to as a "party" and collectively referred to as the "parties."
1. Scope of Services. The Vendor will provide fall and winter holiday decorations
and related services for the City's New City Hall building located at 100 Fort Worth Trail, Fort
Worth, Texas, 76102 ("Services"), as set forth in more detail in Exhibit "A," attached hereto and
incorporated herein for all purposes.
2. Term. This Agreement will begin on the date signed by the Assistant City Manager
below ("Effective Date") and will expire one year from the date signed ("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 four
(4) one-year renewal option(s) (each a "Renewal Term").
3. Compensation. 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 compensation under this Agreement will not exceed Eight -Nine Thousand
Dollars and 00/100 ($89,000.00). For fall decorations, the compensation shall not exceed Ten
Thousand Dollars and 00/100 ($10,000.00). For winter holiday decorations, the compensation
shall not exceed Seventy -Nine Thousand Dollars and 00/100 ($79,000.00). 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.
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.
4.2 Non -appropriation 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
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
kind whatsoever, except as to the portions of the payments herein agreed upon for which
funds have been appropriated.
4.3 Duties 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.
5. Disclosure of Conflicts and Confidential Information.
5.1 Disclosure of Conflicts. Vendor hereby warrants to City that Vendor has
made full disclosure in writing of any existing or potential conflicts of interest related to
Vendor's services under this Agreement. In the event that any conflicts of interest arise
after the Effective Date of this Agreement, Vendor hereby agrees immediately to make full
disclosure to City in writing.
5.2 Confidential Information. Vendor, for itself and its officers, agents and
employees, agrees that it will treat all information provided to it by City ("City
Information") as confidential and will not disclose any such information to a third party
without the prior written approval of City.
5.3 Public 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. In the event there is a request for information marked
Confidential or Proprietary, City will promptly notify Vendor. It will be the responsibility
of Vendor to submit reasons objecting to disclosure. A determination on whether such
reasons are sufficient will not be decided by City, but by the Office of the Attorney General
of the State of Texas or by a court of competent jurisdiction.
5.4 Unauthorized Access. Vendor must store and maintain City Information in
a secure manner and will not allow unauthorized users to access, modify, delete or
otherwise corrupt City Information in any way. Vendor must notify 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.
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
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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. Independent 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.
8. Liability and Indemnification.
8.1 LIABILITY- 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.
8.2 GENERAL INDEMNIFICATION- VENDOR HEREBY COVENANTS
AND AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS
OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROMAND AGAINST ANY
AND ALL CLAIMS OR LAWSUITS OF ANY KIND OR CHARACTER, WHETHER
REAL OR ASSERTED, FOR EITHER PROPERTY DAMAGE OR LOSS
(INCLUDING ALLEGED DAMAGE OR LOSS TO VENDOR'S BUSINESS AND ANY
RESULTING LOST PROFITS) AND/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.
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8.3 INTELLECTUAL 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.
9. Assignment and Subcontracting.
9.1 Assignment. Vendor will not assign or subcontract any of its duties,
obligations or rights under this Agreement without the prior written consent of 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 will be liable for all obligations of Vendor under
this Agreement prior to the effective date of the assignment.
9.2 Subcontract. If City grants consent to a subcontract, the subcontractor will
execute a written agreement with Vendor referencing this Agreement under which
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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
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completion of services provided. An annual certificate of insurance must be
submitted to City to evidence coverage.
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 Regulations. Vendor agrees that
in the performance of its obligations hereunder, it will comply with all applicable federal, state and
local laws, ordinances, rules and regulations and that any work it produces in connection with this
Agreement will also comply with all applicable federal, state and local laws, ordinances, rules and
regulations. If 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
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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) 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: Assistant City Manager
100 Fort Worth Trail
Fort Worth, Texas 76102-6314
Facsimile: (817) 392-8654
With copy to Fort Worth City Attorney's
Office at 100 Fort Worth Trail
Fort Worth, TX 76102
To VENDOR:
Year Round, LLC d/b/a Majestic Christmas
Company
Mike Kurtz, President
1131 CR 561 Princeton, Texas 75407
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.
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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 Majeure. 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
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. Counteruarts. 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.
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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 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 Companv Name or Ownership. Vendor must notify City's 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
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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 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:
Dana BUf'GI hd0jsC
By: Dana Burghdoff (Oct 9, 024 21:57 CDT)
Name: Dana Burghdoff
Title: Assistant City Manager
Dana BUr, ILdO{,
Date: Dana Burghd off (Oct 9, 2421:57CDT)
APPROVAL RECOMMENDED:
By. �740"L
Name: Marilyn Marvin
Title: Interim Property Management Director
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By:
Name: Jannette Goodall
Title: City Secretary
VENDOR:
YEAR ROUND, LLC D/B/A MAJESTIC
CHRISTMAS COMPANY
By:
Name:
Mike Kurtz
Title:
President
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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: Denise Garcia (Oct S, 2024 16:47 CDT)
Name: Denise Garcia
Title: Purchasing Manager
APPROVED AS TO FORM AND
LEGALITY:
By:
Name: Matthew A. Murray
Title: Assistant City Attorney
CONTRACT AUTHORIZATION:
M&C: N/A
Form 1295: N/A
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
EXHIBIT A
SCOPE OF SERVICES
FALL AND WINTER DECORATIONS FOR NEW CITY HALL
1.0 SCOPE OF WORK
1.1 The Vendor will provide fall and winter decorations and related services for the
City's New City Hall building located at 100 Fort Worth Trail, Fort Worth, Texas,
76102 as described herein for the Property Management Department (PMD).
1.2 PMD will utilize this agreement for the design, installation, maintenance, and
storage of seasonal lighting and decorations for the fall and winter holiday
seasons at the New City Hall building located at 100 Fort Worth Trail, Fort
Worth, Texas, 76102.
1.3 The Vendor will provide personnel, management, supervision, quality control,
materials, and equipment to perform the design, installation, maintenance, and
storage of seasonal lighting and decoration services.
1.4 Additional locations and services of the same general category that that are not
already on the Agreement, may be added based on a current quote provided by the
Vendor.
2.0 DECORATING SERVICES — The Vendor will provide the following:
Service Description
Design/Install • Provide beautiful and cohesive holiday decorations that celebrate both Fall and
Winter seasons.
o The Vendor and City Designee will meet on an annual basis to discuss and
determine the design of decorations for that holiday. During this meeting
the Vendor and City will determine the time -frame for installation and
removal of decorations.
Maintenance • Maintain the holiday decorations during the display period and respond to
service requests within 48 hours.
Removal • Take down the holiday decorations at the end of the display period specified at
the initial design meeting.
Storage • Store decorations in the off-season for the length of contract, evaluate for
damage, and make any necessary repairs.
Transport • Be responsible for all delivery and take -down transportation needs.
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3.0 SERVICE AREA DETAILS
3.1 The areas to be serviced are as follows below:
Area (Initial) General Description of Decoration Restrictions
Lobby elevator entry Lobby area, Lobby walls, Passenger
Elevator hall, Service Elevator wall,
Escalator Area Railings
No nails/screws or
City Council Chamber area (interior/exterior) damage to the
*Anticipated opening March exiting surfaces.
2025
Main Entrance Exterior Area
3.2 The surface areas to be decorated should include, but are not limited to:
3.2.1
Elevator Lobby Hallway
3.2.2
Lobby Back Wall Between Elevators
3.2.3
Lobby Wall Before Elevators
3.2.4
Elevator Lobby Hallway
3.2.5
Lobby Back Wall Between Elevators
3.2.6
Glass Partitions/ Railing Surrounding Escalators
3.2.7
Council Chambers interior and exterior entrances
3.2.8
Main Entrance of Building
4.0 VENDOR RESPONSIBILITES
4.1 The Vendor will assign a Project Manager to oversee the entire project,
coordinate with City Designee and Vendor's team, manage timeline and budget,
and ensure the project objectives are met.
4.2 The Vendor will designate a Lead Designer to create and finalize design concepts,
select materials, decorations, and ensure designs align with accepted proposed
d6cor.
4.3 The Vendor will designate an Installation Team Leader to supervise on -site
installation, ensure safety standards are met, and coordinate with the project
manage and team members during the installation phase.
4.4 The Vendor will supply all lifts, ladders, delivery trucks, hand tools, required
Personal Protective Equipment, and materials necessary to safely and successfully
install, maintain, and remove lights and decorations. If operating equipment that
requires licensure and registration; licenses, or registration must not be expired.
4.5 The Vendor will employ experienced professionals to ensure that all installations
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meet safety standards.
4.6 The Vendor will source high quality decorations and materials that are durable
and safe.
4.6.1 The Vendor will implement safety protocols during installation to prevent
accidents and ensure a secure environment.
4.6.2 The Vendor will identify potential risks early and develop a contingency
plan to ensure a secure environment. All safety concerns will be reported
to the City Designee.
4.7 All materials utilized for these services must be fire resistant when available.
4.7.1 All materials not certified as Fire Resistant must be of materials that are
not naturally highly flammable.
4.7.2 Any products labeled "highly flammable" or "highly combustible" will
either be treated to make them fire resistant, or not utilized.
4.8 The Vendor will provide clean up and maintenance of live decoration elements
including but not limited to haybales, live trees, etc.
4.9 The Vendor will assign a Communications Coordinator who will be responsible
for facilitating communications between the Vendor's staff and City, proved
updates, reports and handle any questions or concerns from the City.
5.0 MILESTONES
5.1 Planning Phase (Begins upon acceptance of Proposal)
5.1.1 Milestone 1: Post approval meeting with City Designee. The Vendor will
meet and consult with the City Designee annually to determine the design,
installation, and implementation of services for each new season/holiday
event.
5.1.2 Deliverables: Detailed project brief and requirements gathering.
5.1.3 Milestone 2: Site Assessment.
5.1.4 Deliverables: Site survey with installation plan
5.2 Design Phase (Begins once established with a clear concept of City's vision on
colors and installation locations)
5.2.1 Milestone 3: Concept Presentation
5.2.2 Deliverables: Design mock-ups and feedback collection
5.2.3 Milestone 4: Final Design Approval
5.2.3.1 The Vendor will provide digital or printed renderings of potential
decorations to City Designee for final review and approval.
5.3 Procurement Phase
5.3.1 Milestone 5: Materials and Decor Procurement
5.3.2 Deliverables: Purchased and quality -checked decorations and materials
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5.3.3 Milestone 6: Logistics Planning
5.3.4 Deliverables: Delivery schedules and installation plans
5.4 Installation Phase (Installation will be during non -working hours of City Hall with
clear timelines) all installation with a goal to be completed in less than 24hrs.
5.4.1 Milestone 7: On -Site Installation Begins
5.4.2 Deliverables: Installed interior decorations
5.4.3 Milestone 8: Final Installation Completion
5.4.4 Deliverables: Completed installation of all decorations, final walkthrough
5.5 Quality Assurance Phase
5.5.1 Milestone 9: Final Quality Inspection
5.5.2 Deliverables: Inspection reports and rectification of any issues
6.0 HOURS AND DELIVERY OF SERVICES, AND RESPONSE TIMES
6.1 The Vendor and City Designee will schedule the installation and removal of
decorations during non -working hours at the New City Hall building.
6.1.1 Working hours are from 8:00 AM to 5:00 PM, Monday through Friday.
6.2 The City Designee will ensure Vendor has access to the building during the dates
and times of the installation and removal of decorations.
6.3 All calls or emails from the City will be returned by the Vendor within forty-eight
(48) hours.
6.0 HOLIDAYS
6.1 The Vendor will not be required to perform service orders on City observed
Holidays, unless the parties, mutually agree. The City observed holidays are as
follows below:
6.2 New Year's Day
6.2.1 Martin Luther King Jr. Day
6.2.2 Memorial Day
6.2.3 June 19th
6.2.4 July 4th
6.2.5 Labor Day
6.2.6 Thanksgiving Day and the following Friday
6.2.7 Christmas Day
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CHRISTMAS COMPANY
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Lobby Wall Before Elevators: Christmas Design (display can be moved to other locations if
desired)
We will replace the fall decor with Christmas on the replica vintage red truck, proudly showcasing
the Fort Worth logo on its side. The truck bed and open hood are brimming with bright red
poinsettias, adding a cheerful holiday touch.
Surrounding the back truck are an array of beautifully flocked Christmas trees, varying in height with
optional warm white lights if power is available. The base of the display is enhanced with additional
poinsettias in rustic pots, and several large festive gift boxes wrapped in festive paper, complete with
bows, are placed around the truck sure to provide that perfect Holiday photo op with friends, co-
workers and family
This display masterfully blends elements of Fort Worth's heritage with traditional Christmas
decorations. The vintage truck evokes a sense of nostalgia, while the poinsettias and illuminated
trees create a lively and inviting holiday atmosphere. The combination of these elements adds a
festive charm to the modern, sleek lobby, creating a welcoming environment for visitors and
employees during the holiday season.
5
Lobby Decor - 20' Christmas Tree.
Heavy decorated with a rich assortment of matching decorations
(Pictures are for illustration
purposes to show location and
ideas
All colors and decor to match
thru out city hall. Options for
color and styles will be
provided. )
The Majestic Christmas Company
Page 3 of 9
Lobby Balcony option. - Adorned with
Decorated garland to match decor and Big
Red Bows or Decorated Sprays
The Majestic Christmas Company
Page 4 of 9
Glass Partitions / Railing Surrounding Elevators:
(Pictures are for illustration purposes to show location and ideas
All colors and decor to match thru out city hall. Options for color and styles will be provided.
Escalator railings are elegantly adorned with lush green garlands and sprays The garlands can
be draped in a swag or linear style, creating a visually pleasing, festive look.
All decor to match existing thru-out the city hall and coordinate with Christmas Trees. Lights
are optional if there is available power.
Example of Decor Options
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The Majestic Christmas Company
Page 5 of 9
Lower Level Entrance to Escalators:
Huge Decorated 10' Christmas Arch Photo Op..
This decorative archway provides a grand and cheerful entrance, perfect for
welcoming visitors and creating a festive atmosphere within the building. Its
placement near the escalator makes it an eye-catching feature that enhances the
holiday spirit in the area.
-
The Majestic Christmas Company
Page 6 of 9
Majestic Christmas Company has a huge inventory of decor
styles and colors.
We can provide samples and mockups to ensure we meet the
expectations of the City of Fort Worth when it comes picking
the design pallet.
We also have PDF catalog that will be provided with decor
options and illustration examples similar to below pictures.
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The Majestic Christmas Company
Page 7 of 9
ITEMS Price
2024
Big Red Truck Christmas Photo Opp
20' Christmas Tree
Lobby Balcony - Garland and Bows
Escalator Railing - Garland and
Sprays
10' Wreath Photo Opp
CSC No.
EXHIBIT B
PAYMENT SCHEDULE
Items FY25 Price
Big Red Truck Christmas Photo Opportunity $8,500.00
20' Christmas Tree $15,000.00
Lobby Balcony - Garland and Bows $3,500.00
Escalator Railing - Garland and Sprays $7,500.00
10' Wreath Photo Opportunity $8,500.00
1.0 INVOICING REOUIREMENTS
1.1 The City of Fort Worth has begun implementing an automated invoicing system.
1.2 Vendor shall send invoices electronically to the City's centralized Accounts
Payable department invoice email address: supplierinvoices@fortworthtexas.gov. This
email address is not monitored so Vendor shall not send correspondence to this email
address. The sole purpose of the supplier invoices email address is to receive and
process supplier invoices.
1.3 Vendor shall include the following on the subject line of Vendor's e-mail: vendor
name, invoice number, and PO number, separated by an underscore (ex: Example,
Inc._ 123456_FW 013-0000001234)
1.4 To ensure the system can successfully process invoices in an expedient manner,
Vendor shall adhere to the following requirements:
1.4.1 All invoices must be either a PDF or TIFF format.
1.4.2 Image quality must be at least 300 DPI (dots per inch).
1.4.3 Invoices must be sent as an attachment (i.e. no invoice in the body of the
email).
1.4.4 One invoice per attachment (includes PDFs). Multiple attachments per
email is acceptable but each invoice must be a separate attachment.
1.4.5 Please Vendor shall not send handwritten invoices or invoices that contain
handwritten notes.
1.4.6 Dot matrix invoice format is not acceptable.
1.5 The invoice must contain the following information:
1.5.1 Supplier Name and Address;
Vendor Services Agreement Page 16 of 17
1.5.2 Remit to Supplier Name and Address, if different;
1.5.3 Applicable City Department business unit# (i.e. FW013)
1.5.4 Complete City of Fort Worth PO number (i.e. the PO number must contain
all preceding zeros);
1.5.5 Invoice number; and
1.5.6 Invoice date.
1.6 Invoices shall be submitted after delivery of the goods or services.
1.7 To prevent invoice processing delays, please do not send invoices by mail and
email and please do not send the same invoice more than once by email to
supplierinvoices@fortworthtexas.gov. To check on the status of an invoice, please
contact the City Department ordering the goods/services or the Central Accounts
Payable Department by email at: ZZ_FIN AccountsPavable(&,,fortworthtexas.gov.
1.8 If Vendor is unable to send invoices as outlined above at this time, Vendor shall
send invoices to the City's centralized Accounts Payable department instead of directly
to the individual city department. This will allow the city staff to digitize the invoice for
faster processing.
1.9 If electronic invoicing is not possible, Vendor shall send Vendor's paper invoice
to:
City of Fort Worth
Attn: FMS Central Accounts Payable
100 Fort Worth Trail
Fort Worth, Texas, 76102
1.10 Vendor shall not include Federal, State of City sales tax in its invoices. City shall
furnish a tax exemption certificate upon Vendor's request.
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