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HomeMy WebLinkAboutContract 63623CSC No. 63623 FORT WORTH. NON-EXCLUSIVE VENDOR SERVICES AGREEMENT This NON-EXCLUSIVE VENDOR SERVICES AGREEMENT ("Agreement") is made and entered into by and between the CITY OF FORT WORTH ("City"), a Texas home rule municipal corporation, acting by and through its duly authorized Assistant City Manager, and DRC Fort Worth LLC d/b/a SERVPRO of North Fort Worth ("Vendor"), a Texas limited liability company, and acting by and through its duly authorized representative, each individually referred to as a "party" and collectively referred to as the "parties." 1. Scope of Services. Vendor shall provide professional carpet cleaning, ceramic tile and grout cleaning, upholstery cleaning, and restoration services, such as water or swage extraction at various City owned buildings. ("Services"), which are set forth in more detail in Exhibit "A," attached hereto and incorporated herein for all purposes. 2. Term. The initial term of this Agreement is for one (1) year, 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 ("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. 3.1 Vendor understands and agrees that the City will award non-exclusive purchase agreements to multiple bidders for the Services as outlined in City of Fort Worth Request for Proposal ("RFP") No. 25-0057 "Carpet, Tile and Grout, Upholstery Cleaning & Restoration Services," which is attached hereto as Exhibit `B," attached hereto and incorporated herein for all purposes. Vendor further understands that the aggregate amount of all contracts awarded to multiple vendors under RFP No. 25-0057 shall be in the amount of One Million One Hundred Fifty -Two Thousand Seven Hundred Fifty Dollars and No/100 ($1,152,750.00) and the City makes no promise or guarantee of the total amount of work that will be assigned to Vendor under this Agreement. Vendor's Response to City of Fort RFP No. 25-0057 ("Vendor's Response") is attached hereto as Exhibit "C," attached hereto and incorporated herein for all purposes. 3.2 The City shall issue a written work order establishing the locations, schedule, and fee to be paid to the Vendor for each service to be completed by Vendor ("Work Order"). Vendor shall perform the Services in accordance with each Work Order issued by the City. The City may issue an amended Work Order to address any changes in the work to be performed after a Work Order has been issued. Except as otherwise specified in this Agreement, the fee established in each Work Order shall be based upon the prices submitted by Vendor in Vendor's Response. OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Non -Exclusive Vendor Services Agreement Carpet Cleaning, Ceramic Tile and Grout Cleaning, Upholstery Cleaning, and Restoration Services Page 1 of 26 3.3 The City shall pay Vendor the fees established in each Work Order in accordance with the Prompt Payment Act (Chapter 2251 of the Texas Government Code) and provisions of this Agreement, including its exhibits. 3.4 Vendor shall submit type -written or computer printed invoices to the City which include the Vendor's name, address and telephone number, and identify the service location, the agreed price for the services contained in the Work Order, and the City's issued purchase order and release number. Vendor shall submit all invoices to the City within two (2) weeks of completing the work. Vendor shall submit all invoices to: City of Fort Worth Attn: FMS Central Accounts Payable 100 Fort Worth Trail Fort Worth, Texas, 76102 3.5 The City may complete a visual inspection of the work to verify that it was completed in accordance with this Agreement. City agrees to pay all invoices for accepted work within thirty (30) days of receiving the invoice. The City will only pay for work that is completed in accordance with the terms and specification contained in this Agreement. Vendor shall not be paid for any incomplete work. The City shall notify Vendor of any error in an invoice no later than the twenty first (21 St) day after the date the City receives the invoice. 3.6 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-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. 4.3 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. Non -Exclusive Vendor Services Agreement Carpet Cleaning, Ceramic Tile and Grout Cleaning, Upholstery Cleaning, and Restoration Services Page 2 of 26 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 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 Non -Exclusive Vendor Services Agreement Carpet Cleaning, Ceramic Tile and Grout Cleaning, Upholstery Cleaning, and Restoration Services Page 3 of 26 behalf of itself, and any of its officers, agents, servants, employees, or contractors. Liability and Indemnification. 8.1 LIABILITY - VENDOR WILL BE LIABLE AND RESPONSIBLE FOR ANY AND ALL PROPERTY LOSS, PROPERTY DAMAGE AND PERSONAL INJURY, INCLUDING, INCLUDING, BUT NOT LIMITED TO, DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, TO THE EXTENT CAUSED BY THE NEGLIGENT ACT(S) OR OMISSION(S), MALFEASANCE OR INTENTIONAL MISCONDUCT OF VENDOR, ITS OFFICERS, REPRESENTATIVES, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, OR SUBCONTRACTORS. 8.2 GENERAL INDEMNIFICATION - VENDOR HEREBY COVENANTS AND AGREES TO INDEMNIFY, HOLD HARMLESS, AND DEFEND CITY, ITS OFFICERS, AGENTS, REPRESENTATIVES, SERVANTS, AND EMPLOYEES, FROM AND 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 ANYRESULTING LOST PROFITS) AND PERSONAL INJURY, INCLUDING, BUT NOT LIMITED TO, DEATH, TO ANY AND ALL PERSONS, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, TO THE EXTENT CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS OR MALFEASANCE OF VENDOR, ITS OFFICERS, AGENTS, REPRSENTATIVES, SERVANTS, EMPLOYEES, CONTRACTORS, OR SUBCONTRACTORS. 8.3 INTELLECTUAL PROPERTY INDEMNIFICATION — Vendor agrees to defend, settle, or pay, at its own cost and expense, any claim or action against City for infringement of any patent, copyright, trade mark, trade secret, or similar property right arising from City's use of the software or documentation in accordance with this Agreement, it being understood that this agreement to defend, settle or pay will not apply if 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 Non -Exclusive Vendor Services Agreement Carpet Cleaning, Ceramic Tile and Grout Cleaning, Upholstery Cleaning, and Restoration Services Page 4 of 26 documentation with equally suitable, compatible, and functionally equivalent non -infringing software and 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. 9.1 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 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 Non -Exclusive Vendor Services Agreement Carpet Cleaning, Ceramic Tile and Grout Cleaning, Upholstery Cleaning, and Restoration Services Page 5 of 26 (d) Professional Liability (Errors & Omissions): ❑ Applicable ® N/A $1,000,000 - Each Claim Limit $1,000,000 - Aggregate Limit Professional Liability coverage may be provided through an endorsement to the Commercial General Liability (CGL) policy, or 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. 10.2 General Reauirements (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 City in accordance with the notice provision of this Agreement. (d) The insurers for all policies must be licensed and/or approved to do business in the State of Texas. All insurers must have a minimum rating of A- VII in the current A.M. Best Key Rating Guide, or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. If the rating is below that required, written approval of Risk Management is required. (e) Any failure on the part of 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 Non -Exclusive Vendor Services Agreement Carpet Cleaning, Ceramic Tile and Grout Cleaning, Upholstery Cleaning, and Restoration Services Page 6 of 26 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) hand -delivered to the other party, its agents, employees, servants or representatives; or (2) 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, TX 76102 With copy to Fort Worth City Attorney's Office at same address To VENDOR: DRC Fort Worth LLC dba SERVPRO of North Fort Worth Evan Simental, President 10101 Hicks Field Rd. Fort Worth, TX 76179 14. Solicitation of EmDlovees. 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. GoverninLy 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. Non -Exclusive Vendor Services Agreement Carpet Cleaning, Ceramic Tile and Grout Cleaning, Upholstery Cleaning, and Restoration Services Page 7 of 26 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 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 Exhibits A, B, C, and D. 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 Non -Exclusive Vendor Services Agreement Carpet Cleaning, Ceramic Tile and Grout Cleaning, Upholstery Cleaning, and Restoration Services Page 8 of 26 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 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 808.001 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 Bovcottine Enerev Companies. Vendor acknowledges that in accordance with Chapter 2276 of the Texas Government Code, the City is prohibited from entering into a contract for goods or services 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 Vendor that it: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of this Agreement. To the extent that Chapter 2276 of the Government Code is applicable to this Agreement, by signing this Agreement, Vendor certifies that Vendor's signature provides written verification to the City that Vendor: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of this Agreement. Non -Exclusive Vendor Services Agreement Carpet Cleaning, Ceramic Tile and Grout Cleaning, Upholstery Cleaning, and Restoration Services Page 9 of 26 31. Prohibition on Discrimination Against Firearm and Ammunition Industries. Vendor acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government Code, the 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 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 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 the City that Vendor: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate against a firearm entity or firearm trade association during the term of this Agreement. 32. Electronic Signatures. This Agreement may be executed by electronic signature, which will be considered 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) Non -Exclusive Vendor Services Agreement Carpet Cleaning, Ceramic Tile and Grout Cleaning, Upholstery Cleaning, and Restoration Services Page 10 of 26 IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiples. City: 11 // VaL W4 By. Valerie Washington (Jul8, 202516:26 CDT) Name: Valerie Washington Title: Assistant City Manager Date: 07/08/2025 Vendor: By: Evan Simental (Jul 1, 2025 13:59 CDT) Name: Evan Simental Title: President Date: FOR CITY OF FORT WORTH INTERNAL PROCESSES: Approval Recommended: By: f Name: Marilyn Marvin Title: Property Management Director Approved as to Form and Legality: By:����— —� Name: Royce Hansen Title: Assistant City Attorney Contract Authorization: M&C: 25-0581 / June 24, 2025 Form 1295: 2025-1276775 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. bm� 44pakl By: Denise Garcia (Jul 2, 2025 08:58 CDT) Name: Denise Garcia Title: Purchasing Manager City Secretary: a°A %V ou 11= By: Name: Jannette S. Goodall Title: City Secretary OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Non -Exclusive Vendor Services Agreement Carpet Cleaning, Ceramic Tile and Grout Cleaning, Upholstery Cleaning, and Restoration Services Page 11 of 26 EXHIBIT A SCOPE OF SERVICES 1. CARPET CLEANING 1.1. Vendor will provide professional carpet cleaning, ceramic tile and grout cleaning, upholstery cleaning, and restoration services, such as, water or sewage extraction, at various City owned buildings for the Property Management Department. 1.2. The Vendor will furnish adequate and appropriate labor, materials, supplies equipment, and supervision for the performance of the projected work. 1.3. Vendor will thoroughly clean all carpets with either truck -mounted or portable hot water extraction cleaning machinery only. Care must be taken to make sure that no excess water is left in the carpet. 1.4. All carpets will be thoroughly vacuumed prior to any spotting or cleaning. Vacuuming will remove the dry soil that is bonded to the carpet. 2. FURNITURE MOVING 2.1. Sofas, chairs, and tables are to be moved carefully. Larger items such as cabinets and desks will be left in place. City staff will remove all small items on floors prior to services being performed. 2.2. Adequate precautions will be used to protect furnishings. Items that contain metal bottoms, casters, etc., which are susceptible to rust will be prevented from contact with the damp carpet. 2.2.1. If it is necessary to stack items off the floor, pads must be used to protect all furnishings. 2.2.2. If it is necessary to provide some type of shield or covering, the Vendor must return to the building(s) after the carpet has thoroughly dried removed the coverings and restore all furnishings to their original condition and placement. 2.2.3. Items on desktops will not be disturbed. All items must be returned to their original positions at the end of each day. 3. PRE -SPRAY AND PRE -SPOTTING 3.1. High -traffic areas and all spots will be pretreated. This pretreatment solution needs to be an environmentally friendly solution to help break up dirt and soil attached to carpets. 3.2. Pre -grooming of carpet will be performed with a carpet groomer and rotary cleaning machine (depending on soil level) to further loosen soil in the high -traffic areas. 4. EXTRACT AND RINSE 4.1. A low residue and soap -free rinse will be used to extract the loose soil in the carpet. 5. FAST DRY METHOD 5.1. Typically referred to as dry carpet cleaning, which uses minimal moisture by applying a cleaning powder that absorbs dirt particles, allowing for quick drying times compared to traditional steam cleaning methods; this is often achieved with specialized machines that distribute the powder and then vacuum it up, leaving the carpet ready to use almost immediately. 6. BONNET CARPET CLEANING METHOD 6.1. This method involves using a specialized machine with a rotating absorbent pad ("bonnet") to lift surface dirt from a carpet by applying a cleaning solution and then physically scrubbing the carpet with the pad. Non -Exclusive Vendor Services Agreement Carpet Cleaning, Ceramic Tile and Grout Cleaning, Upholstery Cleaning, and Restoration Services Page 12 of 26 7. ADDITIONAL CONSIDERATIONS 7.1. Care will be exercised to prevent carpet stains due to the transfer of rust or varnish from furniture once it is relocated. 7.2. All areas of the carpet that cannot be cleaned by a machine such as edges and corners will be cleaned by hand. 7.3. The Vendor will not leave streaking, excess residue, or cause discoloration to the carpeting because of the cleaning. 7.4. The Vendor will be able to clean up to 15,000 square feet per visit. 7.5. All cleaning supplies and equipment will be provided by the Vendor and included in the unit cost to perform the services. 7.6. No smoking will be permitted in City buildings. 7.7. Work areas will be left in a clean condition or as clean as before work started. 7.8. Only authorized employees or subcontractors will be allowed in the building(s). All workers will have a City staff member escort them during duration of the work. 7.9. It will be the Vendor's responsibility to clean all carpets at each location. The estimated building square footage provided is for informational purposes only. It is Vendor's responsibility to determine actual square footage of areas to be cleaned and level of difficulty. Failure to do so will not relieve the vendor of their obligation to carry out the scope of the contract. 7.10. The Vendor must be also able to respond on an as -needed basis. Emergency responses must be completed with two (2) hours of call. Non -emergency requests must be fulfilled within seven (7) business days or at the discretion of the Contract Administrator or Designee for scheduling purposes. 7.11. No carpet repair is required under this contract. 7.12. The Vendor will not use chemicals that leave a strong odor. 7.13. The Vendor must capture all wastewater produced and dispose of it in a sanitary sewer at a proper facility if using a water extraction method. The Vendor will not be permitted to discharge any wastewater into the storm drainage system including, but not limited to mop water, wastewater produced during shampooing/extracting process, etc. 8. CERAMIC TILE AND GROUT CLEANING 8.1. The Vendor will employ safe and effective cleaning methods that are gentle on tile while efficiently removing dirt, grime, and stains, and restoring the appearance of the tile floors. 8.2. The Vendor will use a professional cleaning hard surface scrubbing brush and pads for cleaning ceramic tiles and grout. 8.3. The Vendor will use pH neutral cleansing materials — specifically formulated for thorough cleansing of ceramic tiles and grout. 8.4. The Vendor will rinse ceramic surfaces repeatedly to ensure no cleaning materials remain and allow the ceramic tile and grout to dry completely before applying sealant. 8.5. The Vendor will apply appropriate sealant based on the type of ceramic tile. Non -Exclusive Vendor Services Agreement Carpet Cleaning, Ceramic Tile and Grout Cleaning, Upholstery Cleaning, and Restoration Services Page 13 of 26 9. UPHOLSTERY CLEANING 9.1. The Vendor will have a technician trained to clean every type of office upholstered furniture such as: office chairs, couches, sofas. 9.2. The Vendor will utilize the proper method of cleaning, dry or wet method, depending on the fabric to remove stains from a wide variety of upholstery, including synthetic fabrics, leather, wool, and silks. 9.3. The Vendor will pre -inspect and pre -test each piece of upholstery to determine which cleaning solution is safe to use and the best cleaning method. 9.4. The Vendor will pre -groom all contact areas to loosen dirt, debris, and dust. 9.5. The Vendor will apply pre -spot, pre -conditioning and stain removal solutions. 9.6. The Vendor will prep -spray fabric with proper cleaning chemicals. 9.7. Upholstery will be steam cleaned with 240 degrees Fahrenheit deep cleaning solution or dry cleaned depending on the manufacturer specifications. Professional upholstery cleaning tools will be used to remove stains and residue from upholstered furniture and return it to its original condition. 9.8. The Vendor, if applicable, will remove covers and cushions of the upholstered furniture and follow manufacturer's recommendation for cleaning. 9.9. The Vendor will effectively restore the fabric's original color and remove dirt, pollen, germs, allergens, and other particles that can harm the fibers. 9.10. The Vendor will groom the upholstery with a soft brush to align the fabric. 9.11. The Vendor will apply a professional fabric protectant after upholstery is cleaned, such as, Scotchgarde protection, to help prevent re -soiling and aid in stain/spill protections. 10. RESTORATION SERVICES REQUIREMENTS 10.1. Restoration services will include, but not limited to, water and/or sewer extraction(vacuum wet carpet and sub -floor as needed); application of an Environmental Protection Agency (EPA) registered biocide (to control mold and bacteria); use of dehumidifier units, drying fans, equipment setup and removal; cove base removal/drill weep holes and will be requested by the City as needed. 10.2. Additional/other processes deemed necessary for carpet restoration by the Vendor and approved by the user Contract Manager or Designee may be covered under this contract. 10.3. The Vendor must have prior approval from the Contract Manager or Designee before additional work is performed. 10.4. The Vendor is expected to be on site within two (2) hours of receipt of a phone call or email from the Contract Manager or Designee requesting restoration services. 10.5. Vendor will comply with all Local, State, and Federal laws and regulations applicable to the handling and disposal of sewage contaminated materials. 10.6. As part of restoration services, the Vendor may be asked to remove and dispose of glued or un- glued contaminated carpet and carpet padding. 10.7. The Vendor will properly clean carpets using a biocide to treat mildew and mold. 10.8. The Vendor will give priority to the City's service requests. Non -Exclusive Vendor Services Agreement Carpet Cleaning, Ceramic Tile and Grout Cleaning, Upholstery Cleaning, and Restoration Services Page 14 of 26 10.9. If needed for restoration service, the vendor may be asked to block and pad furniture to create air flow and be able to remove all water or residue. 11. CLEANING SOLUTIONS 11.1. All cleaning solutions used by the Vendor for these services must be antimicrobial and sanitizing solutions that bear an Environmental Protection Agency (EPA) registration number and must be Volatile Organic Compounds (VOC) compliant. 11.2. Safety Data Sheets — The Contractor will furnish to the Contract Manager or Designee copies of Safety Data Sheets (SDS) sheets for all products used prior to beginning service in the Facilities and must update copies of the SDS on an annual basis. In addition, each time a new chemical or cleaning product is introduced into the Facilities, a copy of that product's SDS must be provided to the Contract Administrator, prior to the product being used in any Facility. The Safety Data Sheets must comply with OSHA Regulations. 12. EQUIPMENT 12.1. Minimum equipment needed to service the PMD buildings include, but is not limited to: 12.1.1. Sixteen (16) portable extractors 12.1.2. Four (4) truck mounted unit extractor machines 12.1.3. Portable equipment is to be used only in those cases when truck mounted equipment cannot access the carpet to be cleaned. 12.1.4. Equipment will have a range of 400 — 1000 pounds per square inch (PSI) and a minimum vacuum lift of 250 pounds per square foot. 12.1.5. Bonnet machine, grooming brush, or cylindrical brush machine 12.1.6. Dehumidifiers 12.1.7. Fans 12.1.8. Wall cavity machine 12.1.9. The City reserves the right to inspect the Vendor's equipment at any point during the contract term. 13. RESPONSE TIMES 13.1. Carpet cleaning services for the Property Management Department (PMD) buildings will be scheduled on an annual basis and be performed between 8:00am and 5:00pm on Saturdays and/or Sundays. 13.1.1. Multiple buildings will be scheduled for services in the same weekend. 13.1.2. The Vendor and the City's Contract Manager or Designee will meet on an annual basis to determine the schedule for that year. 13.2. Services for other Departments than PMD, the respective Department Contract Manager or Designee will coordinate and schedule with the Vendor, dates and times of the services. 13.3. Ceramic tile and grout cleaning, and upholstery cleaning will be requested and scheduled as needed. 13.4. The Vendor will respond to calls and emails from the Contract Manager or Designee requesting services within 24 hours and services must be scheduled within 5 business days from the date of the initial request. Non -Exclusive Vendor Services Agreement Carpet Cleaning, Ceramic Tile and Grout Cleaning, Upholstery Cleaning, and Restoration Services Page 15 of 26 13.5. City Observed Holidays: 13.5.1. New Year's Day 13.5.2. Martin Luther King Day 13.5.3. Juneteenth Day 13.5.4. Fourth of July 13.5.5. Labor Day 13.5.6. Thanksgiving Day 13.5.7. The Day after Thanksgiving Day 13.5.8. Christmas Day 14. VENDOR RESPONSIBILITIES 14.1. Safety 14.1.1. The Vendor must be thoroughly familiar and comply with all prevailing safety measures pertinent to its operations and employees. This will include, but not necessarily be limited to EPA regulations, Fort Worth City Ordinances, and Occupational Safety and Health Agency (OSHA) regulations. In addition, the Vendor will be wholly responsible for instructing its employees in these safety measures and seeing that they are fully complied with in every respect. 14.2. Hazards 14.2.1. The Vendor will at no time permit placing or use of equipment in such manner as to create safety hazards. Vendor personnel will provide appropriate warning devices when necessary and cooperate in the fullest in allowing through passage of other vehicles and personnel, even to the point of interrupting their own work, if necessary. 14.3. Defective Work and Damages 14.3.1. The Vendor will be wholly responsible for and will promptly correct or restore all defective work or damage to any/all City facilities caused by its activities. Restoration and correction will be to the complete satisfaction of the Contract Manager or Designee. This will apply to any part of a building/housing structure, its appurtenances, the adjacent grounds, or any other tangible damage incurred in the performance of the Contract. Failure by the Vendor to proceed promptly with corrective actions may be cause for cancellation of this Contract with amount(s) necessary to correct defective work and/or damage being withheld from payments due or to become due to the Vendor. 14.3.2. In the event the work performance of the Vendor is not satisfactory, the Vendor will be notified by the Contract Manager or Designee and will be given one (1) day, or mutually agreed time frame, to correct the work. 14.3.3. Labor for all reworks will be at no cost to the City. At the City's option, if the Vendor fails to respond within one day or scheduled time, or the work is still unsatisfactory, another source may be obtained by the City. 14.3.4. Additional funds expanded by the City for replacement carpet cleaning and restoration services will be charged back to the Vendor. Non -Exclusive Vendor Services Agreement Carpet Cleaning, Ceramic Tile and Grout Cleaning, Upholstery Cleaning, and Restoration Services Page 16 of 26 14.4. Cleanup 14.4.1. The Vendor will always keep the premise free from accumulation of waste materials or rubbish. At the completion of the work, the Vendor will remove all waste and rubbish from and about the work area, as well as tools, equipment and surplus materials, and will leave the area as clean and as free of spots, stains, etc., as before the work was undertaken. 14.5. Regulations 14.5.1. The Vendor will comply with all applicable federal, state, and local laws, ordinances, rules, and regulations pertaining to the performance of the work specified herein even if they come into effect after the start of this agreement. All mandates requiring the City to comply with new guidelines will also require the City vendor's to comply. 14.6. Performance 14.6.1. Failure of the City to insist in any one or more instances upon the performance of any of the terms and conditions of this contract will not be construed as a waiver or relinquishment of the future performance of any terms and conditions, but the Vendor's obligation with respect to such performance will continue in full force and effect. 15. SUPERVISORS 15.1. The Vendor will, during all periods of contract performance, provide competent supervision of their employees to assure complete and satisfactory fulfillment of the work and the terms of this Contract. The Vendor or a capable, fully authorized representative must be immediately available during all work activities to receive all special instructions from the department Contract Manager or Designee. 15.2. The supervisors will be literate and fluent in the English language, due to the necessity to read chemical labels, job instructions and signs, as well as the need for conversing with City personnel. The City's Contract Administrator or Designee will be the sole judge of the communication level. Vendor's supervisors will also be capable of communicating fully with all their employees in the event they do not speak English. 15.3. The Vendor will provide documentation that the supervisor has the necessary skills and is paid at a higher rate than the custodians. 15.4. The City requires that the supervisor always be on -site during the work performed. 15.5. The Vendor will be required to provide the name and contact information of the current supervisor assigned to the City's contract. The Vendor will provide a cellphone, and/or email address for the use of the supervisor for work -related messages. The supervisors will have a cellphone in good working order provided at the Vendor's expense. This cellphone number will be provided to the Contract Administrator or Designee. 16. VENDOR STAFFING 16.1. The Vendor will be required to provide competent personnel who are capable and qualified to complete the work required. If at any point the qualification of the personnel working on the project comes into question, proper documentation of that person's abilities or skill sets may be required, or the Vendor will remove them from the project and replace them with another individual that is qualified to complete the task. 16.2. Minimum staffing needed to service the PMD buildings include but is not limited to: Sixteen (16), two -man crews. Non -Exclusive Vendor Services Agreement Carpet Cleaning, Ceramic Tile and Grout Cleaning, Upholstery Cleaning, and Restoration Services Page 17 of 26 16.3. All staff members will be employees of the Vendor. The use of day laborers and/or subcontractors is not permitted. 16.4. The Vendor will obtain criminal background checks, at its expense, on all personnel assigned to work in a City building at the start of this Contract or upon employment, and at least once per year thereafter. The criminal background check is to include Federal, State, and local including any location that the employee resided within the past five (5) years. The criminal background check will be completed utilizing the employee's legal name, current and past address, date of birth, and Social Security Number. The Contractor will provide documentation to the City illustrating that the background checks have been successfully completed at the City's request. 16.5. The Vendor will inform the Contract Administrator or Designee, by email, of any criminal convictions of any personnel within five (5) days of obtaining such information. 16.6. The Vendor, at its expense, will run an E-Verify search on each employee for employment eligibility verification. The Vendor will provide documentation to the City illustrating that the search has been successfully completed for each employee assigned to work at a City building at the City's request. 17. EMPLOYEE IDENTIFACTION AND BUILDING ACCESS 17.1. All Vendor's employees will wear uniforms that bear the company name/logo. Uniforms will be approved by the City's Contract Administrator or Designee and will not be exceptionally dirty, stained, or torn. 17.2. Identification badges will be furnished by the Vendor and worn by all Vendor's employees while on City premises. The badge will have the employee's picture, name, and Vendor's name visibly displayed. 18. PROTECTION AND SECUTITY OF BUILDINGS AND PROPERTY 18.1. The Vendor will assume full responsibility for all damages to property and equipment and for injury to persons which might result from any service performed under the resulting Contract. 18.2. The Vendor will comply with all applicable fire protection measures and City ordinances. 18.3. The Vendor will close and lock all windows upon completion of work. 18.4. The Vendor will prohibit its employees from disturbing papers on desks, opening drawers or cabinets, or using telephones or office equipment. 18.5. Access to all the locations will be arranged by the Contract Administrator or Designee as required. 18.6. The City reserves the right to require immediate removal of any Vendor's personnel, if the City determines that the individual is unfit for service for any reason, not contrary to law. This right is nonnegotiable, and the Vendor agrees to this condition by accepting this Contract. The Contractor will have enough qualified employees to be able to provide a replacement within twenty-four (24) hours. 19. CITY BUILDINGS TO BE SERVICED 19.1. Please refer to Exhibit D for a list of City buildings to be serviced. 19.2. The square footage provided is for each of the buildings and not specific to the carpeted areas. 19.3. The City reserves the right to add or remove buildings during the life of the agreement. Non -Exclusive Vendor Services Agreement Carpet Cleaning, Ceramic Tile and Grout Cleaning, Upholstery Cleaning, and Restoration Services Page 18 of 26 20. INVOICING REQUIREMENTS 20.1. The Vendor must send invoices electronically to the City's centralized Accounts Payable department invoice email address: supplierinvoices@fortworthtexas.gov. This email address is not monitored so the Vendor must not send correspondence to this email address The sole purpose of the supplier invoices email address is to receive and process supplier invoices. 20.2. The Vendor must 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_FW013-0000001234) 20.3. To ensure the system can successfully process invoices in an expedient manner, the Vendor must adhere to the following requirements: 20.3.1. All invoices must be either a PDF or TIFF format. 20.3.2. Image quality must be at least 300 DPI (dots per inch). 20.3.3. Invoices must be sent as an attachment (i.e. no invoice in the body of the email). 20.3.4. One invoice per attachment (includes PDFs). Multiple attachments per email is acceptable but each invoice must be a separate attachment. 20.3.5. The Vendor must not send handwritten invoices or invoices that contain handwritten notes. 20.3.6. Dot matrix invoice format is not acceptable. 20.4. The invoice must contain the following information: 20.4.1. Supplier Name and Address; 20.4.2. Remit to Supplier Name and Address, if different; 20.4.3. Applicable City Department business unit# (i.e. FW013) 20.4.4. Complete City of Fort Worth PO number (i.e. the PO number must contain all preceding zeros); 20.4.5. Invoice number; and 20.4.6. Invoice date. 20.5. Invoices must be submitted after delivery of the goods or services. 20.6. To prevent invoice processing delays, do not send invoices by both mail and email and do not send the same invoice more than once by email to supplierinvoices@fortworthtexas.gov. To check on the status of an invoice, contact the City Department ordering the goods/services or the Central Accounts Payable Department by email at: ZZ FIN AccountsPavable(a,fortworthtexas.Rov. 20.7. If the Vendor is unable to send invoices as outlined above at this time, the Vendor must 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. 20.8. If electronic invoicing is not possible, Vendor must send Vendor's paper invoice to: City of Fort Worth Attn: FMS Central Accounts Payable 100 Fort Worth Trail Non -Exclusive Vendor Services Agreement Carpet Cleaning, Ceramic Tile and Grout Cleaning, Upholstery Cleaning, and Restoration Services Page 19 of 26 Fort Worth, Texas, 76102 20.9. The Vendor must not include Federal, State of City sales tax on its invoices. City must furnish a tax exemption certificate upon Vendor's request. Non -Exclusive Vendor Services Agreement Carpet Cleaning, Ceramic Tile and Grout Cleaning, Upholstery Cleaning, and Restoration Services Page 20 of 26 EXHIBIT B CITY OF FORT WORTH REQUEST FOR PROPOSAL NO. 25-0057 "CARPET, TILE AND GROUT, UPHOLSTERY CLEANING & RESTORATION SERVICES" (follows) Non -Exclusive Vendor Services Agreement Carpet Cleaning, Ceramic Tile and Grout Cleaning, Upholstery Cleaning, and Restoration Services Page 21 of 26 FORT WORTH., CITY OF FORT WORTH - PURCHASING DIVISION INSTRUCTION TO PROPOSERS Effective Date: Jan 8, 2024 Ref#: RFP-01 Revision: 00 Page 1 of 23 Prepared By: Purchasing Division Approved By: Chief Procurement Officer Revisions and Approvals Revisions Revision Effective Date Change Reference 00 1-8-2024 Not applicable Review/Approvals Position Name Senior Purchasing Manager Chief Procurement Officer Signature Date Paget of 23 FORT WORTH® CITY OF FORT WORTH - PURCHASING DIVISION INSTRUCTION TO PROPOSERS Effective Date: Jan 8, 2024 Ref#: RFP-01 Revision: 00 1 Page 2 of 23 Prepared By: Purchasing Division Approved By: Chief Procurement Officer TABLE OF CONTENTS 1.0 BROWSERS.....................................................................................................4 2.0 SUPPORT.........................................................................................................4 3.0 QUESTIONS....................................................................................................4 4.0 CLARIFICATIONS AND ISSUANCE OF ADDENDA................................4 5.0 SCHEDULE OF EVENTS...............................................................................5 6.0 CLOSE DATE AND TIME..............................................................................5 7.0 SUPPORTING DOCUMENTATION (PUBLIC FILES)................................5 8.0 SUBMISSION INSTRUCTIONS....................................................................6 9.0 REQUEST FOR PROPOSAL..........................................................................6 10.0 PROPOSAL...................................................................................................7 11.0 PROPOSER...................................................................................................7 12.0 UNAUTHORIZED COMMUNICATIONS.................................................. 7 13.0 NON -ENDORSEMENT AND PUBLIC COMMENTS ............................... 8 14.0 PRE -PROPOSAL CONFERENCE............................................................... 8 15.0 PREPARATION OF PROPOSALS.............................................................. 8 15.1 Tax Exemption...............................................................................................8 15.2 Proposal Adequacy........................................................................................8 15.3 Proposal Page Limit: ...................................................................................... 9 15.4 Proposal Summary and Company Overview.................................................9 15.5 UP Exceptions...........................................................................................10 15.6 Proprietary Information...............................................................................10 15.7 Business Equity Division (M/WBE) Documents: ....................................... 11 15.8 Alternate Proposals......................................................................................11 15.9 Proposal Preparation Costs: ......................................................................... 11 15.10 Free on Board (FOB) Point..........................................................................11 15.11 Prices: .......................................................................................................... 12 16.0 MODIFICATION OR WITHDRAWAL OF PROPOSAL .........................13 16.1 Modification of Proposal.............................................................................13 16.2 Withdrawal of Proposal...............................................................................13 17.0 OPENING OF PROPOSAL........................................................................13 18.0 EVALUATION AND AWARD..................................................................13 18.1 Evaluation....................................................................................................13 18.2 Award..........................................................................................................14 18.3 Acceptance of Proposal...............................................................................14 18.4 Reservations.................................................................................................15 Page 2 of 23 FORT WORTH® CITY OF FORT WORTH - PURCHASING DIVISION INSTRUCTION TO PROPOSERS Effective Date: Jan 8, 2024 Ref#: RFP-01 Revision: 00 1 Page 3 of 23 Prepared By: Purchasing Division Approved By: Chief Procurement Officer 18.5 Negotiations.................................................................................................15 18.6 Period of Acceptance...................................................................................16 19.0 DOCUMENTS REQUIRED FROM RECOMMENDED PROPOSER .....16 19.1 Certificates of Insurance..............................................................................16 19.2 Certificate of Interested Parties Form 1295.................................................16 20.0 AGREEMENT TERM.................................................................................16 21.0 UNIT PRICE ADJUSTMENT....................................................................17 22.0 INVOICE AND PAYMENTS.....................................................................18 22.1 Registration..................................................................................................18 22.2 Invoice.........................................................................................................18 22.3 Payment.......................................................................................................20 23.0 PROTEST PROCEDURE...........................................................................20 24.0 COOPERATIVE PURCHASING...............................................................20 25.0 GENERAL PROVISIONS..........................................................................21 26.0 SUBCONTRACTORS................................................................................21 27.0 BEST AND FINAL OFFER........................................................................21 28.0 ASSIGNMENT............................................................................................21 29.0 ERRORS OR OMISSIONS.........................................................................21 30.0 RIGHT OF ASSURANCE..........................................................................21 31.0 CHANGE ORDERS....................................................................................22 32.0 VENUE........................................................................................................22 33.0 CONFLICT OF INTEREST........................................................................22 34.0 INSURANCE..............................................................................................22 35.0 CONTRACT CONSTRAINTS AND CONDITIONS................................22 36.0 CHANGE IN COMPANY NAME OR OWNERSHIP...............................22 Page 3 of 23 FORT WORTH., CITY OF FORT WORTH - PURCHASING DIVISION INSTRUCTION TO PROPOSERS Effective Date: Jan 8, 2024 Ref#: RFP-01 Revision: 00 Page 4 of 23 Prepared By: Purchasing Division Approved By: Chief Procurement Officer 1.0 BROWSERS The City of Fort Worth's online procurement portal (Bonfire Portal) can be accessed using Microsoft Edge, Google Chrome, or Mozilla Firefox. Javascript must be enabled. Browser cookies must be enabled. 2.0 SUPPORT For technical questions about the Bonfire Portal, visit Bonfire's help forum at httos://vendorsui)port.2obonfire.com/hc/en-us or contact the Bonfire support team at Support(a,GoBonfire.com or by calling 1-800-354-8010. To get started with Bonfire, watch this five-minute training video: https://vendorsuDDort. aobonfire. com/he/en-us/articles/6796500613655- Vendor-Registration-and-Submission-VIDEO- 3.0 QUESTIONS All questions, explanations, clarifications, or interpretations desired by Proposers regarding any part of the solicitation must be electronically submitted to the City of Fort Worth's Bonfire Portal through the "Vendor Discussion" section under the respective Project/Request For Proposal (RFP) before the Questions Due Date and time specified in the Bonfire Portal. 4.0 CLARIFICATIONS AND ISSUANCE OF ADDENDA The Purchasing Division of the City of Fort Worth (City) will post an Addendum on the Bonfire Portal with answers to all questions received before the deadline before the submission Close Date and Time. Interpretations, corrections, or changes to the RFP made in any other manner are not binding upon the City, and Proposers shall not rely upon such interpretations, corrections, or changes. Oral explanations or instructions given before the award of the Contract are not binding. If the City, in its sole discretion, determines that a change or additional information is needed or a clarification is required, the City shall issue an Addendum in the Bonfire Portal regarding such change, additional information, or clarification. Sole authority for issuing of Addendum shall Page 4 of 23 FORT WORTH., CITY OF FORT WORTH - PURCHASING DIVISION INSTRUCTION TO PROPOSERS Effective Date: Jan 8, 2024 Ref#: RFP-01 Revision: 00 Page 5 of 23 Prepared By: Purchasing Division Approved By: Chief Procurement Officer be vested in the City's Purchasing Division. Proposers are advised to check the Bonfire Portal frequently for any Addendum issued. 5.0 SCHEDULE OF EVENTS Tentative Schedule of events are available in the Bonfire Portal for each RFP. The City reserve the right to change those dates as and when required. Proposers are advised to check the Bonfire Portal frequently for any changes. 6.0 CLOSE DATE AND TIME The deadline date and time for submission(s)/Proposals against a Project/RFP shall be specified in the Bonfire Portal. Your Proposals must be finalized, uploaded, and submitted in the Bonfire Portal prior to the posted Close Date and Time for the Project/RFP. Electronic submission is subject to electronic interface latency, which can result in transmission delays. All Proposers assume the risk of late transmission/submission. The City shall not be held liable if an interested Proposer is unable to submit a complete Proposal before the published deadline due to transmission delays or any other technical issues or obstructions. The City strongly recommends allowing sufficient time to complete the submission process (ideally a week before the deadline) to begin the uploading process and to finalize your submission to give adequate time in the event an issue arises. 7.0 SUPPORTING DOCUMENTATION (PUBLIC FILES) Supporting Documentation (Public Files) attached to the Bonfire Portal are integral part of the Project/RFP. Bidders should download and review all those documents. Bidders should complete required documents and upload those to "Required Information" section of the Project in the Bonfire Portal. Page 5 of 23 FORT WORTH., CITY OF FORT WORTH - PURCHASING DIVISION INSTRUCTION TO PROPOSERS Effective Date: Jan 8, 2024 Ref#: RFP-01 Revision: 00 Page 6 of 23 Prepared By: Purchasing Division Approved By: Chief Procurement Officer 8.0 SUBMISSION INSTRUCTIONS All submissions/Proposal(s) must be submitted electronically prior to the close date and time under the respective Project/RFP via the Bonfire Portal: https://fortworthtexas.bonfirehub.com/Dortal/?tab=openOpportunities Failure to complete and submit all required information listed in the respective RFP will be grounds for rejection of a Proposal as non- responsive. No late Proposals shall be accepted. Proposals delivered in any other manner than using the Bonfire Portal will not be accepted or considered. If, upon being opened, a submission is unreadable to the degree that material conformance to the requirements of the procurement specifications cannot be ascertained, such submission will be rejected without liability to the City, unless such Proposer provides clear and convincing evidence (a) of the content of the submission as originally submitted and (b) that the unreadable condition of the Electronic Proposal was caused solely by error or malfunction of the Bonfire Portal. Failure to scan a clear or readable copy of a Proposal into the system does not constitute and shall not be considered an error or malfunction of the Bonfire Portal. Proposers are encouraged to fully review each page of every document within their submission prior to submitting to ensure all documents are clear, legible, and complete. 9.0 REQUEST FOR PROPOSAL A Request for Proposal (RFP) is the publication of the City's intent to award an agreement based on a submitted Proposal that presented the best value to the City based on the means and methods of how they will provide the requested goods and/or services to the City, among other consideration. It may also be referred to as a Project or Solicitation. The purpose of the RFP is to describe the goods and/or services to be procured. Proposers are expected to examine all documents that make up the RFP. Proposers shall promptly notify the City of any omission, ambiguity, inconsistency, or error that they may discover upon examination of the RFP. The City assumes no responsibility for any errors or misrepresentations that result from the use of an incomplete RFP. Page 6 of 23 FORT WORTH., CITY OF FORT WORTH - PURCHASING DIVISION INSTRUCTION TO PROPOSERS Effective Date: Jan 8, 2024 Ref#: RFP-01 Revision: 00 Page 7 of 23 Prepared By: Purchasing Division Approved By: Chief Procurement Officer The evaluation criteria to award a contract from an RFP shall be Best Value. The award of contract may be made to the responsible Proposer(s) whose Proposal is determined to be the most advantageous to the City considering the relative importance of price and the other evaluation factors included in the RFP. 10.0 PROPOSAL An offer/submission by a Proposer for goods and/or service submitted in the Bonfire Portal against the RFP before the submission Close Date and Time. Proposal may also be referred to as a Bid. 11.0 PROPOSER An entity (which could be a person or a business) that (i) seeks or has the potential to do business with the City and serve as a Supplier (also referred to as Seller, Vendor, Contractor, Consultant, etc.) and (ii) responds to a City procurement solicitation. Proposer may also be referred to as Bidder. 12.0 UNAUTHORIZED COMMUNICATIONS Cone of Silence: the period of time that begins when an RFP has been released until the Intent to Award has been published. During this period of time, Proposers' contact regarding this RFP with employees or officials of the City other than the Purchasing Staff, the Business Equity Division, or as otherwise indicated in the RFP is prohibited and may result in disqualification from the procurement process. No officer, employee, agent, or representative of the Proposer shall have any contact or discussion, verbal or written, with any members of the City Council, City staff, or City's consultants, or directly or indirectly through others, seek to influence any City Council member, City staff, or City's consultants regarding any matters pertaining to this REP, except as herein provided. Any violation of this prohibition may result in the Proposer being disqualified from the procurement process. Proposers should refrain from making comments regarding a specific solicitation or its subject matter — in the media or otherwise — until the Page 7 of 23 FORT WORTH., CITY OF FORT WORTH - PURCHASING DIVISION INSTRUCTION TO PROPOSERS Effective Date: Jan 8, 2024 Ref#: RFP-01 Revision: 00 Page 8 of 23 Prepared By: Purchasing Division Approved By: Chief Procurement Officer selection process is complete. For the selected Proposer, such comments are also inappropriate until the contractual engagement with the City has ended. 13.0 NON -ENDORSEMENT AND PUBLIC COMMENTS If a Proposal is accepted, the successful Proposer shall not issue any news releases or other statements pertaining to the award or servicing of the agreement that state or imply the City's endorsement of the successful Proposer's services. 14.0 PRE -PROPOSAL CONFERENCE If a pre -proposal conference is held, the time, place, and nature of the conference will be specified on the Bonfire Portal section under the respective RFP. Attendance at pre -proposal conferences is not mandatory but is highly encouraged. 15.0 PREPARATION OF PROPOSALS Each Proposer must furnish all information required by an RFP on the documents provided and/or in the format required, unless otherwise stated. Proposals submitted on different forms or in different formats than required in the RFP may be considered non -responsive. Any attempt to alter the wording in the RFP is ineffective and may result in rejection of the Proposal. In order to be considered, Proposals must include all the documents and information requested in this RFP. 15.1 Tax Exemption: Purchases of Goods or Services for City use are usually exempt from City, State, and most Federal Taxes. Proposals shall not include exempted taxes. The successful Proposer should request a Tax Exemption Certificate from the Purchasing Division. Under no circumstances shall the City be liable to pay taxes under any Contract for which the City has an exemption. 15.2 Proposal Adequacy: Proposals should adequately address all evaluation factors listed in the RFP and include required details and documents that will be used as Page 8 of 23 FORT WORTH., CITY OF FORT WORTH - PURCHASING DIVISION INSTRUCTION TO PROPOSERS Effective Date: Jan 8, 2024 Ref#: RFP-01 Revision: 00 Page 9 of 23 Prepared By: Purchasing Division Approved By: Chief Procurement Officer part of the evaluation. Proposals should be prepared as simply as possible and provide a straightforward, concise description of the Proposer's capabilities to satisfy the requirements of the RFP. Utmost attention should be given to accuracy, completeness, and clarity of content. Proposals shall be completed in accordance with the requirements of this RFP. Statements made by a Proposer shall be without ambiguity, and with adequate elaboration, where necessary, for clear understanding. All parts, pages, figures, or tables should be numbered and clearly labeled. Submitted information should be limited to pertinent information only. 15.3 Proposal Page Limit: Unless stated otherwise, Proposals shall be limited to a maximum of twenty-five (25), Letter size (8-1/2" x 11") pages using a font size no smaller than 12-point Times New Roman or Arial and margins of at least one inch in each direction. Any required/requested Attachments, Exhibits, or Addendums shall not count towards this page limit so long as Proposers do not add any information to the Attachment, Exhibit, or Addendum that was not specifically requested to be included in the same. Page 9 of 23 FORT WORTH., CITY OF FORT WORTH - PURCHASING DIVISION INSTRUCTION TO PROPOSERS Effective Date: Jan 8, 2024 Ref#: RFP-01 Revision: 00 Page 10 of 23 Prepared By: Purchasing Division Approved By: Chief Procurement Officer 15.4 RFP Exceptions: Requested Proposal Exceptions - Any and all exceptions to the RFP must be listed on an item -by -item basis and cross- referenced. If there are no exceptions, the Firm must expressly state that no exceptions are taken; the firm must also understand that listing exceptions within their documentation does not guarantee acceptance by the City. 15.5 Proprietary Information: i. All material submitted to the City becomes public property and is subject to the Texas Public Information Act upon receipt. ii. If a Proposer does not desire information that it believes to be proprietary in the Proposal to be disclosed, the Proposer shall attach a listing of each page number in a chart as shown below and must clearly mark and identify each page by including the word "PROPRIETARY" in all caps and highlighted yellow on the bottom center of each page at the time of submittal. The City will, to the extent allowed by law, endeavor to protect such information from disclosure. The final decision as to the information that must be disclosed lies with the Texas Attorney General. Note: Pricing may not be marked proprietary and will be made publicly available in the form of a bid tab following Page 10 of 23 FORT WORTH., CITY OF FORT WORTH - PURCHASING DIVISION INSTRUCTION TO PROPOSERS Effective Date: Jan 8, 2024 Ref#: RFP-01 Revision: 00 Page 11 of 23 Prepared By: Purchasing Division Approved By: Chief Procurement Officer evaluation of all Proposals. By submitting a response, Proposers agree that pricing is not Droprietary and may be released. Pages with information believed to be Proprietary Please indicated if only specific sections on the page are believed to be Proprietary iii. Failure to identify proprietary information exactly as required in above paragraph will result in all unlisted and/or unmarked sections being deemed non-proprietary and available upon public request. 15.6 Business Equity Division (M/WBE) Documents: If a Business Equity Goal has been established for the RFP, the applicable documents must be submitted by all Proposers wishing to continue in the RFP evaluation process within two (2) City business days after the RFP Close Date, exclusive of the Close Date, to the Bonfire Portal. 15.7 Alternate Proposals: Proposers may offer an "equal" product as an alternate Proposal. The final determination of what constitutes an "approved equal" shall be in the sole discretion the City. 15.8 Proposal Preparation Costs: All costs associated with preparing a Proposal in response to an REP shall be borne by the Proposer. 15.9 Free on Board (FOB) Point: Freight Terms shall be FOB Destination, Freight Prepaid and Allowed. The Proposer should quote its lowest and best price, with the goods delivered to the place specified, at the Proposer's expense and risk, and their tender delivery to the City. Proposals offering any Page 11 of 23 FORT WORTH., CITY OF FORT WORTH - PURCHASING DIVISION INSTRUCTION TO PROPOSERS Effective Date: Jan 8, 2024 Ref#: RFP-01 Revision: 00 Page 12 of 23 Prepared By: Purchasing Division Approved By: Chief Procurement Officer other delivery terms are not acceptable and such term may be cause for rejection. 15.10 Prices: i. Proposals shall be firm -priced offers unless otherwise specified. ii. In the event of a discrepancy between unit price and extended price, the unit price shall govern; however, Proposer shall bear the risk of inaccurate extended pricing and shall be required to reduce its unit prices to meet the extended price included in the RFP in event that the use of unit prices would increase the overall cost to the City for the items and quantities included in the RFP. iii. Prices shall be offered in the United States Dollars and cents. iv. Unit prices shall include all costs associated with the specified good/service unless specified in the RFP, including but not limited to handling, delivery, fuel charges, fees and certifications fees. No additional charges will be accepted or paid by the City. V. The quantities listed on the RFP are only estimates based on previous usage and do not indicate intent to purchase or a guarantee of future business. The City is obligated to pay for only those goods or services actually ordered by an authorized City employee and then received as required and accepted by the City. Proposers should extend their best price based on the estimated quantities included in the RFP, but it is understood that the City may purchase more or less of any item included in the RFP. vi. Following the award, additional services of the same general category that could have been encompassed in the award of the contract, and that are not already on the contract, may be added based on the discount price sheet provided with the Proposal so long as such inclusion does not violate state or local law. vii. Any services that have been omitted from this RFP that are clearly necessary shall be considered a requirement although Page 12 of 23 FORT WORTH., CITY OF FORT WORTH - PURCHASING DIVISION INSTRUCTION TO PROPOSERS Effective Date: Jan 8, 2024 Ref#: RFP-01 Revision: 00 Page 13 of 23 Prepared By: Purchasing Division Approved By: Chief Procurement Officer not directly specified or called for in the RFP. Proposers should identify such services to the extent possible when responding to the RFP. 16.0 MODIFICATION OR WITHDRAWAL OF PROPOSAL 16.1 Modification of Proposal: Proposal may be modified in the Bonfire Portal at any time prior to the Close Date and Time. NOTE: If a Proposal is modified, it must be resubmitted by the Close Date and Time to be responsive; once a Proposal is pulled from submitted status by the Proposer, it is no longer submitted for purposes of being evaluated. 16.2 Withdrawal of Proposal: Proposal may be withdrawn in the Bonfire Portal at any time prior to the Close Date and Time. Withdrawn Proposal may be resubmitted, with or without modifications in the Bonfire Portal, before the Close Date and Time. No Proposal may be withdrawn after the Close Date and Time without forfeiture of the Proposal/Bid guarantee, if any. 17.0 OPENING OF PROPOSAL For Projects/RFPs that require a public opening as per state law, the Purchasing Division representative responsible for opening Proposal(s) will publicly open and read each Proposer Title (name) aloud in the Fort Worth City Council Chambers located at 200 Texas, Fort Worth, Texas 76102, at approximately 2:00 PM CST after Close Date and Time, unless otherwise noted in the RFP. 18.0 EVALUATION AND AWARD 18.1 Evaluation: Proposers may furnish pricing for all or any portion of the RFP (unless otherwise specified). However, the City may evaluate and award the contract for any item or group of items shown on the RFP, or any combination deemed most advantageous to the City. Proposals Page 13 of 23 FORT WORTH., CITY OF FORT WORTH - PURCHASING DIVISION INSTRUCTION TO PROPOSERS Effective Date: Jan 8, 2024 Ref#: RFP-01 Revision: 00 Page 14 of 23 Prepared By: Purchasing Division Approved By: Chief Procurement Officer that specify an "all or none" award may be considered if a single award is advantageous. 18.2 Award: The method of award is detailed in the respective RFP. The City can award contracts to the Proposer whose Proposal represents the "best value" to the City. The following criteria may be considered to determine the best value (see section 252.043 of the Texas Local Government Code): i. Purchase Price; ii. Reputation of the Proposer and of the Proposer's goods and/or services; iii. Quality of the Proposer's goods and/or services; iv. Extent to which the goods and/or services meet the City's needs; v. Proposer's past relationship with the City; vi. Impact on the ability of the City to comply with laws and rules relating to contracting with historically underutilized businesses, including Certified Minority Women -Owned Businesses, and non-profit organizations employing persons with disabilities; vii. Total long-term cost to the City to acquire the Proposer's goods and/or services; and viii. Any relevant criteria specifically listed in the RFP. Each RFP will specify the criteria and relative importance of each criteria being used for each specific project. 18.3 Acceptance of Proposal: Acceptance of a Proposal will be in the form of a Purchase Order or a contract. Subsequent purchase releases may be issued as appropriate. The contents of a Proposal shall become a part of the contract. Under no circumstances will the City be responsible for goods and/or Page 14 of 23 FORT WORTH., CITY OF FORT WORTH - PURCHASING DIVISION INSTRUCTION TO PROPOSERS Effective Date: Jan 8, 2024 Ref#: RFP-01 Revision: 00 Page 15 of 23 Prepared By: Purchasing Division Approved By: Chief Procurement Officer services provided without a Purchase Order issued through the City's PeopleSoft system. 18.4 Reservations: The City expressly reserves the right to: i. Specify approximate quantities in the RFP; ii. Extend the RFP Close Date and Time; iii. Consider and accept alternate Proposals, if specified in the RFP, when most advantageous to the City; iv. Waive, as an informality, minor deviations from specifications provided they do not affect competition or result in functionally unacceptable goods and/or services; v. Waive any minor informality in any RFP procedure (a minor informality is one that does not affect the competitiveness of the Proposers); vi. Add additional terms or modify existing terms in the RFP; vii. Reject a Proposal because of unbalanced unit prices Proposal; viii. Reject or cancel any or all Proposals for any reason; ix. Reissue an RFP; X. Procure any item by other means; xi. Cancel an RFP prior to the Close Date and time; and/or xii. Award in the most advantageous manner to the City, which may include a single award, an award to multiple Proposers on a non-exclusive award basis, or awarding primary and secondary Proposers. 18.5 Negotiations: The City reserves the right to negotiate all elements that comprise the successful Proposer's response to ensure that the best possible consideration be afforded to all concerned. Page 15 of 23 FORT WORTH., CITY OF FORT WORTH - PURCHASING DIVISION INSTRUCTION TO PROPOSERS Effective Date: Jan 8, 2024 Ref#: RFP-01 Revision: 00 Page 16 of 23 Prepared By: Purchasing Division Approved By: Chief Procurement Officer 18.6 Period of Acceptance: Proposer acknowledges that by submitting the Proposal, Proposer makes an offer that, if accepted in whole or part by the City, constitutes a valid and binding irrevocable offer that subject to negotiation by the City, shall be reduced to a contract as to any and all items accepted in writing by the City. Unless specified otherwise, the period of acceptance of Proposals is one hundred and eighty (180) calendar days from the Close Date. 19.0 DOCUMENTS REQUIRED FROM RECOMMENDED PROPOSER 19.1 Certificates of Insurance: When insurance is required, the Proposer must provide Certificates of Insurance in the amounts and for the coverages required to the Purchasing Office within 14 calendar days after notification of award, or as otherwise required by the Solicitation. 19.2 Certificate of Interested Parties Form 1295: If the Purchase Agreement must be approved by the City Council before execution, the successful Proposer is required to complete the Certificate of Interested Parties Form 1295 and submit the form within two (2) City business days to the Purchasing contact listed in the solicitation before the purchase/contract will be presented to the City Council. The form may be completed at https://www.ethics.state.tx.us/whatsnew/elf info_form129 5.htm 20.0 AGREEMENT TERM Unless specified otherwise, the initial term of the agreement shall be one year. Upon the expiration of the initial term, the agreement shall renew automatically under the same terms and conditions for up to four (4) one- year renewal periods, unless City or Supplier provides the other party with notice of non -renewal at least 90 days before the expiration of the initial term or renewal periods. In the event no funds or insufficient funds are appropriated by City in any fiscal period for any payments due hereunder, City will notify supplier/vendor of such occurrence and the contract will Page 16 of 23 FORT WORTH., CITY OF FORT WORTH - PURCHASING DIVISION INSTRUCTION TO PROPOSERS Effective Date: Jan 8, 2024 Ref#: RFP-01 Revision: 00 Page 17 of 23 Prepared By: Purchasing Division Approved By: Chief Procurement Officer 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. 21.0 UNIT PRICE ADJUSTMENT Suppliers/vendors may require that unit prices be adjusted for increases or decreases in Supplier's cost during the contract period using the following procedure: i. The Supplier must submit its price adjustment request, in writing, at least 30 days before the requested effective period. The Supplier shall provide written proof of cost increases with the price adjustment request. ii. If the City concludes that the rate increase being requested is unacceptable, the City reserves the right to adjust the rate request, or reject the rate request in its entirety and allow the contract to expire at the end of the contract term. If the City elects not to exercise the renewal option, the Purchasing Division reserves the right to issue a new solicitation or procure the goods or services by any other allowable means. iii. Prices shall remain firm for the term of the Agreement and shall include all associated freight and delivery costs, unless otherwise specifically stated and agreed to by City. iv. Upon expiration of the contract term, the successful Proposer agrees to hold over under the same terms and conditions of the contract for a reasonable period of time to allow the city to re-solicitate an agreement, not to exceed ninety (90) days. v. The provision of goods and/or services shall not be suspended by the Supplier except as expressly allowed by the contract's terms and conditions. Page 17 of 23 FORT WORTH., CITY OF FORT WORTH - PURCHASING DIVISION INSTRUCTION TO PROPOSERS Effective Date: Jan 8, 2024 Ref#: RFP-01 Revision: 00 Page 18 of 23 Prepared By: Purchasing Division Approved By: Chief Procurement Officer 22.0 INVOICE AND PAYMENTS 22.1 Registration: Successful Proposer are required to register for direct deposit payments prior to providing goods and/or services using the forms posted on the City's website at: https://www.fortworthtexas.gov/departments/finance/pur chasing/register 22.2 Invoice: The Supplier 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 please do not send correspondence to this email address. The sole purpose of the supplier invoices email address is to receipt and process supplier invoices. Please include the following on the subject line of your e-mail: Supplier name, Invoice number, and PO number, separated by an underscore (ex: Example, Inc._123456_FW013-0000001234) To ensure the system can successfully process your invoice in an expedient manner, please adhere to the following requirements: All invoices must be either a PDF or TIFF format. ii. Image quality must be at least 300 DPI (dots per inch). iii. Invoices must be sent as an attachment (i.e. no invoice in the body of the email). iv. One invoice per attachment (includes PDFs). Multiple attachments per email is acceptable but each invoice must be a separate attachment. v. Please do not send handwritten invoices or invoices that contain handwritten notes. vi. Dot matrix invoice format is not accepted. Page 18 of 23 FORT WORTH., CITY OF FORT WORTH - PURCHASING DIVISION INSTRUCTION TO PROPOSERS Effective Date: Jan 8, 2024 Ref#: RFP-01 Revision: 00 Page 19 of 23 Prepared By: Purchasing Division Approved By: Chief Procurement Officer vii. The invoice must contain the following information: a. Legal Supplier Name and Address; b. Remit to Supplier Name and Address, if different; c. Applicable City Department business unit# (i.e. FW013) d. Complete City of Fort Worth PO number (i.e. the PO number must contain all preceding zeros); e. Invoice number; f. Invoice date; and viii. Invoices should be submitted after delivery of the goods and/or services. 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_AccountsPayable@fortworthtexas.gov. If you are unable to send your invoice as outlined above at this time, please send your invoice to our 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. If electronic invoicing is not possible, you may send your paper invoice to: City of Fort Worth Attn: FMS Central Accounts Payable 200 Texas Street Fort Worth, Texas, 76102 The City's goal is to receive 100% of invoices electronically so that all supplier payments are processed efficiently. To achieve this goal, we need the Contractor's support. If Contractor has any questions, please contact the Accounts Payable team at (817) 392-2451 or by email to ZZ_FIN AccountsPayable@fortworthtexas.gov Page 19 of 23 FORT WORTH., CITY OF FORT WORTH - PURCHASING DIVISION INSTRUCTION TO PROPOSERS Effective Date: Jan 8, 2024 Ref#: RFP-01 Revision: 00 Page 20 of 23 Prepared By: Purchasing Division Approved By: Chief Procurement Officer Contractor shall not include Federal, State of City sales tax in its invoices. City shall furnish a tax exemption certificate upon Vendor's request. 22.3 Payment: All payment terms shall be "Net 30 Days" unless specified in the Proposal and agreed by the City. 23.0 PROTEST PROCEDURE Due to the subjective nature RFPs, the City does not allow for protests of RFP awards. If a Proposer believes that a procedural error has occurred, the Proposer should notify the buyer using the Bonfire Portal immediately. 24.0 COOPERATIVE PURCHASING i. The City has interlocal agreements with many other governmental entities that provides the ability for other entities to use the City's contracts, so long as Supplier/vendor agree to extend the same terms, conditions, and pricing to the other entities. Proposer, shall indicate in their Proposal whether they agree that to extend the terms, conditions, specifications, and pricing of its agreement with the City to other governmental entities. ii. If the successful Proposer agrees to extend the resulting contract to other governmental entities, the following shall apply: Governmental entities with interlocal agreements with the City shall be eligible, but not obligated, to purchase material/services under contract(s) awarded as a result of City solicitations. All purchases by governmental entities other than the City shall be billed directly to that governmental entity and paid by that governmental entity. The City shall not be responsible for another governmental entity's debts. Each governmental entity shall order its own material/services as needed. Page 20 of 23 FORT WORTH., CITY OF FORT WORTH - PURCHASING DIVISION INSTRUCTION TO PROPOSERS Effective Date: Jan 8, 2024 Ref#: RFP-01 Revision: 00 Page 21 of 23 Prepared By: Purchasing Division Approved By: Chief Procurement Officer 25.0 GENERAL PROVISIONS The Supplier shall not assign its rights or duties under an award without the prior written consent of the City. Such consent shall not relieve the assignor of liability in the event of default by its assignee. 26.0 SUBCONTRACTORS Proposers may include subcontractors for any part of services offered. City reserves the right at its sole discretion to accept or reject any proposal that includes subcontractors. Upon award of a contract, City reserves the right to pre -approve use of any and all subcontractors. 27.0 BEST AND FINAL OFFER The City at its sole discretion may elect to have Proposers that submit proposals deemed most advantageous to the City to prepare a Best and Final Offer for consideration by the Evaluation Committee. Contract negotiations will then be based on submitted Best and Final Offers. 28.0 ASSIGNMENT The Proposers shall not assign its rights or duties under an award without the prior written consent of the City. Such consent shall not relieve the assignor of liability in the event of default by its assignee. 29.0 ERRORS OR OMISSIONS The Proposer shall not be allowed to take advantage of any errors or omissions in this RFP. Where errors or omissions appear in this RFP, the Proposer shall promptly notify the City's Purchasing Division in writing of such error or omission it discovers. Any significant errors, omissions or inconsistencies in this RFP are to be reported no later than ten (10) days before time for the RFP response is to be submitted. 30.0 RIGHT OF ASSURANCE Whenever the City has reason to question the Proposer's intent to perform, the City may demand that the Proposer(s) give written assurance of Proposer's intent to perform. In the event a demand is made, and no Page 21 of 23 FORT WORTH., CITY OF FORT WORTH - PURCHASING DIVISION INSTRUCTION TO PROPOSERS Effective Date: Jan 8, 2024 Ref#: RFP-01 Revision: 00 Page 22 of 23 Prepared By: Purchasing Division Approved By: Chief Procurement Officer assurance is given within ten (10) calendar days, the City may treat this failure as an anticipatory repudiation of the contract. 31.0 CHANGE ORDERS No oral statement of any person shall modify or otherwise change or affect the terms, conditions or specifications stated in the resulting contract. 32.0 VENUE The contract/agreement(s) will be governed and construed according to the laws of the State of Texas. The contract(s) is performable in Tarrant County, Texas. Venue shall lie exclusively in Tarrant County, Texas. 33.0 CONFLICT OF INTEREST No public official shall have interest in this contract, in accordance with Vernon's Texas Codes Annotated, Local Government Code Title 5, Subtitled C., Chapter 171. 34.0 INSURANCE For the duration of a contract resulting from this RFP, Proposer shall carry insurance in the types and amounts as negotiated in the final contract. 35.0 CONTRACT CONSTRAINTS AND CONDITIONS All goods and/or services shall be provided in accordance with applicable requirements and ordinances of the City, laws of the State of Texas, and applicable federal laws. The proposed contract has been provided with this RFP. However, all final terms and conditions will be negotiated with the awarded Proposer. 36.0 CHANGE IN COMPANY NAME OR OWNERSHIP The successful Proposer shall notify the City's Purchasing Division, in writing, of a company name, ownership, or address change for the purpose of maintaining updated City records. The president of the company or authorized official must sign the letter. A letter indicating changes in a Page 22 of 23 FORT WORTH., CITY OF FORT WORTH - PURCHASING DIVISION INSTRUCTION TO PROPOSERS Effective Date: Jan 8, 2024 Ref#: RFP-01 Revision: 00 Page 23 of 23 Prepared By: Purchasing Division Approved By: Chief Procurement Officer 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 do so may adversely impact future invoice payments. Page 23 of 23 EXHIBIT C VENDOR'S RESPONSE TO CITY OF FORT RFP NO. 25-0057 (follows) Non -Exclusive Vendor Services Agreement Carpet Cleaning, Ceramic Tile and Grout Cleaning, Upholstery Cleaning, and Restoration Services Page 22 of 26 Responses Success: All data is valid! Numeric Carpet Cleaning Services Success: All values provided #1-1 Carpet Cleaning - Hot water extraction Square Foot 1 $ 0.25 $ 0.25 Success: All values provided #1-2 Carpet Cleaning - Dry cleaning Square Foot 1 $ 0.45 $ 0.45 Success: All values provided #1-3 Carpet Cleaning - Power Scrubbing Square Foot 1 $ 0.50 $ 0.50 Success: All values provided #1-4 Furniture Moving - Per Hour Hourly 1 $ 35.00 $ 35.00 Success: All values provided #1-5 Block and Pad Furniture (when applicable) Each 1 $ 45.00 $ 45.00 $ 81.20 Tile and Grout Cleaning Services Success: All values provided #2-1 Tile and Grout Cleaning Square Foot 1 $ 0.55 $ 0.55 Success: All values provided #2-2 Tile and Grout Sealing Square Foot 1 $ 0.65 $ 0.65 Success: All values provided #2-3 Furniture Moving - Per Hour Hourly 1 $ 35.00 $ 35.00 Success: All values provided #2-4 Block and Pad Furniture (when applicable) Each 1 $ 45.00 $ 45.00 $ 81.20 Upholstery Cleaning Services Professional Upholstery Steam Cleaning - Success: All values provided #3-1 Each 1 $ 27.00 $ 27.00 Secretary Style Chair Professional Upholstery Steam Cleaning - Success: All values provided #3-2 Each 1 $ 15.00 $ 15.00 Stackable Style Chair Professional Upholstery Steam Cleaning - Success: All values provided #3-3 Common Area Seating (add Scotchgard) Each 1 $ 20.00 $ 20.00 Professional Upholstery Dry Cleaning - Success: All values provided #3-4 Each 1 $ 35.00 $ 35.00 Secretary Style Chair Professional Upholstery Dry Cleaning - Success: All values provided #3-5 Each 1 $ 45.00 $ 45.00 Executive Style Chair Professional Upholstery Dry Cleaning - Success: All values provided #3-6 Each 1 $ 20.00 $ 20.00 Stackable Style Chair Professional Upholstery Dry Cleaning - Common Success: All values provided #3-7 Each 1 $ 30.00 $ 30.00 Area Seating Chair Success: All values provided #3-8 Furniture Moving - Per Hour Hourly 1 $ 35.00 $ 35.00 Success: All values provided j#3-9jBiock and Pad Furniture (when applicable) Each Iii 5.00 $ 45.00 Responses Success: All data is valid! Success: All values provided Success: All values provided Success: All values provided #0-1 Other Carpet Cleaning Related Services not $ 1,000.00 5% $ 950.00 listed in Bid Table BT-45OZ #0-2 Other Tile and Grout Cleaning Related Services not listed in Bid Table BT-45OZ #0-3 Other Upholstery Cleaning Related Services not listed in Bid Table BT-45OZ $ 1,000.00 5% $ 1,000.00 5% $ 950.00 $ 950.00 Responses Success: All data is valid! DescriptionUnit of Measure Quantity Numeric Restoration Services Success: All values provided #1-1 Restoration - Water Extraction Square Foot 1 $ 0.27 $ 0.27 Restoration - Sewage Extraction (normal Success: All values provided #1-2 circumstances - up to two (2) inches deep Square Foot 1 $ 0.80 $ 0.80 Restoration - Sewage Extraction (normal Success: All values provided #1-3 circumstances - more than two (2) inches deep Square Foot 1 $ 1.60 $ 1.60 and less than twelve (12) inches deep Restoration - Sewage Extraction (normal Success: All values provided #1-4 circumstances -deeper than twelve (12) inches Square Foot 1 $ 2.80 $ 2.80 Success: All values provided #1-5 Application of EAP registered biocide Square Foot 1 $ 0.34 $ 0.34 Success: All values provided #1-6 Cove Base Removal - Rill Weep Holes Linear Foot 1 $ 0.47 $ 0.47 Removal and Disposal of Glued -Down Success: All values provided #1-7 Contaminated Carpet Square Foot 1 $ 1.80 $ 1.80 Removal and Disposal of Un-Glued Success: All values provided #1-8 Contaminated Carpet Square Foot 1 $ 1.10 $ 1.10 Removal and Disposal of Contaminated Carpet Success: All values provided #1-9 Padding Square Foot 1 $ 0.90 $ 0.90 Minimum Emergency Response/After Hours Trip Success: All values provided #1-10 Charge Each 1 $ 350.00 $ 350.00 Success: All values provided #1-11 Furniture Moving - Per Hour Hourly 1 $ 50.00 $ 50.00 Success: All values provided #1-12 Block and Pad Furniture (when applicable) Each 1 $ 60.00 $ 60.00 Basket Total $ 470.08 Equipment Rental Success: All values provided #2-1 Dehumidifier (rental) - Small Daily Rate 1 $ 60.00 $ 60.00 Success: All values provided #2-2 Dehumidifier (rental) - Medium Daily Rate 1 $ 90.00 $ 90.00 Success: All values provided #2-3 Dehumidifier (rental) - Large Daily Rate 1 $ 120.00 $ 120.00 Success: All values provided #2-4 Drying Fans (rental) Daily Rate 1 $ 30.00 $ 30.00 Success: All values provided #2-5 Air Scrubber (rental) Daily Rate 1 $ 80.00 $ 80.00 Success: All values provided #2-6 Wall Cavity Machine (rental) Daily Rate 1 $ 110.00 $ 110.00 Success: All values provided #2-7 Dehumidifier (rental) - Small Weekly Rate I Success: All values provided #2-8 Dehumidifier (rental) - Medium Weekly Rate Success: All values provided #2-9 Dehumidifier (rental) - Large Weekly Rate Success: All values provided #2-10 Drying Fans (rental) Weekly Rate Success: All values provided #2-11 Air Scrubber (rental) Weekly Rate Success: All values provided #2-12 Wall Cavity Machine (rental) Weekly Rate Set Up and Removal of Equipment (both actions Success: All values provided #2-13 shall be included in one price) Each Success: All values provided #2-14 Furniture Moving - Per Hour Hourly Success: All values provided #2-15 Block and Pad Furniture (when applicable) Each 1 $ 350.00 $ 350.00 1 $ 550.00 $ 550.00 1 $ 750.00 $ 750.00 1 $ 150.00 $ 150.00 1 $ 475.00 $ 475.00 1 $ 650.00 $ 650.00 1 $ 150.00 $ 150.00 1 $ 50.00 $ 50.00 1 $ 60.00 $ 60.00 $ 3,675.00 $ 4,145.08 Responses Success: All data is valid! MMM Hypothetical Proposer MSRP Price Discount in Total Cost decimals Additional Restoration Services Success: All values provided #1-1 Other Restoration Related Services not listed in $ 1,000.00 5% $ 950.00 Bid Table BT-69KW Additional Rental Equipment Services Success: All values provided #2-1 Other Equipment Rental not listed $ 1,000.00 5% $ 950.00 EXHIBIT D SERVICE BUILDINGS (follows) Non -Exclusive Vendor Services Agreement Carpet Cleaning, Ceramic Tile and Grout Cleaning, Upholstery Cleaning, and Restoration Services Page 23 of 26 Note: Square footage provided is for the building and not specific to the carpeted areas Guinn Business Assistance Center 1150 South Freeway Property Management 2 26,350 Idea Works 600 E. Rosedale St. Property Management 2 9,400 Tech Fort Worth 1120 South Freeway Property Management 2 14,106 Hazel Harvey Peace Center 818 Missouri Ave. Property Management 2 35,068 North Animal Control 351 Hillshire Property Management 2 3,970 Animal Control 4900 Martin St. Property Management 1 28,217 PSTC - F&P Administration Building 505 W Felix St. Property Management 1 60,856 PSTC - Fire Training Bldg. 1 509 W Felix St. Property Management 1 258,360 PSTC - Police Training Bldg. 2 511 W Felix St. Property Management 1 259,300 Fire and Police Training Center (CALVERT) 1000 Calvert St. Property Management 1 61,158 Police North Sixth Patrol Division 8755 N Riverside Dr. Property Management 1 23,210 PMD James Avenue Service Center 5001 James Ave. Property Management 1 17,850 Municipal Complex City Hall 200 Texas St. Property Management 3 260,467 Municipal Complex Zipper Building 275 W 13th St Property Management 2 69,329 Municipal Complex 13th Street Annex 401 W. 13th St. Property Management 1 6,360 Municipal Complex Public Safety Building 1000 Throckmorton Property Management 5 72,793 Municipal Complex Gordon Swift Building 900 Monroe St Property Management 4 47,821 Municipal Complex Annex Building 908 Monroe St. Property Management 7 59,035 Southwest Municipal Building 3741 SW Loop 820 Property Management 2 36,518 North Service Center Administration 309 Hillshire Dr. Property Management 1 4,949 PARD Service Center James Avenue Central District Office 5199 James Ave Property Management 1 200 PARD Service Center James Avenue Central District Office 5189 James Ave Property Management 1 200 Police South Patrol 3501 W. Risinger Rd. Property Management 1 3,707 New City Hall 100 Fort Worth Trail Property Management 20 355,460 Emergency Medical Services - Building 2900 Alta Mere Dr. Property Management 2 85,239 Emergency Medical Services - Building 2944 S Grove St. Property Management 1 4,000 Emergency Medical Services - Building 8928 Medical City Way Property Management 1 18,755 Meacham Airport 201 American Concourse Aviation LL, 1, 2, 3 8,500 Spinks Airport 450 Alsbury Court Aviation 1 3,500 Holly Water Treatment Plant 1511 11th Ave, Fort Worth, 76102 Water 3 5,000 Rolling Hills Water Treatment Plant 2500 SE Loop 820, Fort Worth, 76140 Water 2 5,000 Village Creek Reclamation Water Facility 4500 Wilma Lane, Arlington, 76012 Water 2 5,000 Eagle Mountain Water Treatment Plant 6801 Bowman Roberts Rd, Fort Worth, 76179 Water 2 5,000 Westside Water Treatment Plant 12200 Old Weatherford Road, Aledo, 76008 Water 2 5,000 Watonga 3719 Watonga Water 3 5,000 Lake Worth 7601 Cahoba Drive Water 3 5,000 Fort Worth Public Libraries -Clifford Crossing 9336 Clifford St. STE. 120 Library 1 4,051 Non -Exclusive Vendor Services Agreement Carpet Cleaning, Ceramic Tile and Grout Cleaning, Upholstery Cleaning, and Restoration Services Page 24 of 26 Fort Worth Public Libraries -Diamond Hill 1300 NE 35th Street Library 1 8,000 Fort Worth Public Libraries -Downtown Express 200 Texas St. - Inside OCH Library 1 247 Fort Worth Public Libraries -East Berry 4300 East Berry Library 1 9,250 Fort Worth Public Libraries -East Regional 6301 Bridge St. Library 1 24,000 Fort Worth Public Libraries -Fort Worth History Center 501 East Bolt St. Library 1 7,741 Fort Worth Public Libraries -Golden Triangle 4264 Golden Triangle Library 1 24,000 Fort Worth Public Libraries -La Gran 4200 SW Freeway Ste. 1338 Library 1 2,800 Fort Worth Public Libraries-Meadowbrook 2800 Stark St. Library 1 5,664 Fort Worth Public Libraries -Northside 601 Park St. Library 1 7,575 Fort Worth Public Libraries -Northwest 6228 Crystal Lake Dr. Library 1 13,000 Fort Worth Public Libraries -Reby Cary 3851 E. Lancaster Ave. Library 1 8,122 Fort Worth Public Libraries -Ridglea 3628 Bernie Anderson Dr. Library 1 10,754 Fort Worth Public Libraries -Riverside 2913 Yucca Ave. Library 1 8,197 Fort Worth Public Libraries -Summerglen 4205 Basswood Blvd. Library 1 11,000 Fort Worth Public Libraries -Shamblee 1062 Evans Ave. Library 1 12,670 Fort Worth Public Libraries -Southwest Regional 4001 Library Lane Library 1 25,000 Fort Worth Public Libraries -Wedgwood 3816 Kimberly Lane Library 1 5,664 Fort Worth Public Libraries -Vivan J. Lincoln 8829 McCart Ave Library 1 18,000 Southside Service Center 4100 Columbus Trail Environmental Services 1 1,681 Old City Hall 200 Texas Street Environmental Services 3 260,467 Hillshire Drop Off Station 355 Hillshire Drive Environmental Services 1 15,321 Environmental Collection Center (ECC) 6400 Bridge Street Environmental Services 1 10,847 Brennan Drop Off Station 2400 Brennan Ave Environmental Services 1 300 Southeast Drop Off Station 5150 Martin Luther King Freeway Environmental Services 1 300 Old Hemphill Drop -Off Station 6260 Old Hemphill Street Environmental Services 1 757 Police - Nashville 1100 Nashville Avenue Police 2 30,100 Police - Barnett 3900 Barnett St Police 2 58,891 Police - Communications 3000 W Bolt Police 1 9,651 Amon G Carter Jr Exhibits Hall -Texas Room Offices 3400 Burnett Tandy Drive Public Events 1 300 Amon G Carter Jr Exhibits Hall -South Texas Room 3400 Burnett Tandy Drive Public Events 1 4,860 Amon G Carter Jr Exhibits Hall -Silver Spur Room 3400 Burnett Tandy Drive Public Events 1 989 Will Rogers Auditorium -Auditorium 3401 W Lancaster Avenue Public Events 1 125,000 Non -Exclusive Vendor Services Agreement Carpet Cleaning, Ceramic Tile and Grout Cleaning, Upholstery Cleaning, and Restoration Services Page 25 of 26 Richardson -Bass Building -Coburn Room 3400 Burnett Tandy Drive Richardson -Bass Building -Announcer Stand 3400 Burnett Tandy Drive Will Rogers Memorial Center -Administration Office 3401 W Lancaster Avenue Note: Square footage provided for buildings listed below under Public Events are specific to the carpeted areas Amon G Carter Jr Exhibits Hall -Round Up Inn 3400 Burnett Tandy Drive Amon G Carter Jr Exhibits Hall -Round Up Inn Dressing Rooms 3400 Burnett Tandy Drive Amon G Carter Jr Exhibits Hall -Event Coordinator Office 3400 Burnett Tandy Drive Amon G Carter Jr Exhibits Hall -Texas Room Offices 3400 Burnett Tandy Drive Amon G Carter Jr Exhibits Hall -South Texas Room 3400 Burnett Tandy Drive Amon G Carter Jr Exhibits Hall -Silver Spur Room 3400 Burnett Tandy Drive Will Rogers Auditorium -Auditorium 3401 W Lancaster Avenue Richardson -Bass Building -Coburn Room 3400 Burnett Tandy Drive Richardson -Bass Building -Announcer Stand 3400 Burnett Tandy Drive Will Rogers Memorial Center -Administration Office 3401 W Lancaster Avenue Non -Exclusive Vendor Services Agreement Carpet Cleaning, Ceramic Tile and Grout Cleaning, Upholstery Cleaning, and Restoration Services Public Events 1 884 Public Events 1 600 Public Events 1 2,200 Public Events 1 94,000 Public Events 1 500 Public Events 1 800 Public Events 1 300 Public Events 1 4,860 Public Events 1 989 Public Events 1 125,000 Public Events 1 884 Public Events 1 600 Public Events 1 2,200 Page 26 of 26 M&C Review Page 1 of 4 0 Official site of the City of Fort Worth, Texas CITY COUNCIL AGEND FORTORRTTH_ Create New From This M&C REFERENCE **M&C 25- 13PRFP 25-0057 CLEANING DATE: 6/24/2025 NO.: 0581 LOG NAME: OF CARPET, TILE, UPHOL. RESTOR. JJ PMD CODE: P TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: (ALL) Authorize Execution of Non -Exclusive Agreements with Ambassador Services LLC, DRC Fort Worth LLC dba SERVPRO of North Fort Worth, and Tigerhawk LLC dba SERVPRO of Southwest Dallas for Cleaning and Restoration Services of Carpet, Tile, Grout, Upholstery for a Combined Annual Amount Up to $1,252,750.00 for the Initial Term, and Authorize Four One -Year Renewal Options for the Same Annual Amount for All City Departments RECOMMENDATION: It is recommended that the City Council authorize execution of non-exclusive agreements with Ambassador Services LLC, DRC Fort Worth LLC dba SERVPRO of North Fort Worth, and Tigerhawk LLC dba SERVPRO of Southwest Dallas for cleaning and restoration services of carpet, tile, grout, and upholstery for a combined annual amount up to $1,252,750.00 for the initial term, and authorize four one-year renewal options for the same annual amount for all City Departments. DISCUSSION: The Property Management, Aviation, Information Technology Solutions, Water, Library, Environmental Services, Public Events, Park & Recreation, Fire and Police Departments approached the Purchasing Division to solicit a bid for Cleaning and Restoration Services of Carpet, Tile, Grout, and Upholstery located in various City of Fort Worth (City) facilities. Purchasing issued Request for Proposal (RFP) No. 25-0057 Carpet, Tile and Grout, Upholstery Cleaning & Restoration Services which consisted of detailed specifications of the City's standards and requirements. This solicitation will replace prior bid (s) that were used specifically for carpet cleaning and restoration services. The current solicitation has a significantly expanded scope and includes tile and grout and upholstery cleaning services and additional City facilities to accommodate the incorporation of Emergency Medical Services (EMS) buildings, which were not included in the prior bids. The RFP was advertised in the Fort Worth Star -Telegram on January 22, 2025, January 28, 2025, and February 5, 2025. The Diversity & Inclusion Department set a 18.27\% Business Equity Goal for this solicitation and provided a list of 244 firms to notify of this bid opportunity. Invites to these firms were submitted via the Bonfire platform. The City received a total of seven (7) responses: Ambassador Services LLC, Carpet Tech Ltd., DRC Fort Worth LLC dba SERVPRO of North Fort Worth, M&E Solution and Repair, LLC, RAS Services, Inc., Tigerhawk LLC dba SERVPRO of Southwest Dallas, and Technologies Link Business and Services Corporation. Carpet Tech Ltd. and M&E Solution and Repair, LLC, were deemed non- responsive for failing to submit all MWBE required documentation. An evaluation panel, consisting of representatives from Library and Property Management Departments evaluated and scored the submittals using Best Value criteria. The individual scores were averaged for each of the criteria, and the final scores are listed in the table below. RAS Services, Inc. and Technologies Link Business and Services Corporation were deemed non -responsive as they did not score at least 50\% or more of the total available points for the technical criteria necessary for price evaluation, and were disqualified from the evaluation process. Once the technical evaluation was completed, Purchasing staff allocated points associated with pricing to each vendor for each http://apps.cfwnet.org/council_packet/mc review.asp?ID=33442&councildate=6/24/2025 6/26/2025 M&C Review Page 2 of 4 category for which the vendor submitted. Category A -Carpet, Tile and Grout, Upholstery Cleaning Services Evaluation Criteria Bidder Name Total a. b. C. d. e. Score Rank Ambassador 26.83 6.00 1.67 6.33 30.00 70.83 1 Services LLC DRC Fort Worth LLC dba 23.33 18.00 4.33 7.67 13.68 67.01 2 SERVPRO of North Fort Worth Tigerhawk LLC dba SERVPRO of 21.00 14.67 4.00 7.00 14.37 61.04 3 Southwest Dallas Category B-Restoration Services Evaluation Criteria Bidder Name Total a. b. C. d. e. Rank Score DRC Fort Worth LLC dba 23.33 18.00 4.33 7.67 27.79 81.12 1 SERVPRO of North Fort Worth Tigerhawk LLC dba SERVPRO of 21.00 14.67 4.00 7.00 30.00 76.67 2 Southwest Dallas The RFP document specified the use of the following Best Value Criteria: a. Proposer's Qualifications and Experience providing services to other Government agencies similar in size to the City b. Distance of principal place of business from 100 Fort Worth Trail location c. Proposer's ability to respond to emergencies on -site within two (2) hours of notification d. Ability to meet the City's needs e. Cost After evaluation, the panel concluded that Ambassador Services LLC, DRC Fort Worth LLC dba SERVPRO of North Fort Worth, and Tigerhawk LLC dba SERVPRO of Southwest Dallas presented the best value to the City for the categories they submitted a bid. Therefore, the panel recommends that City Council authorize non-exclusive agreements with the identified vendors for the categories in which they submitted a bid response. No guarantee was made that a specific amount of these services would be purchased. Staff certifies that the recommended vendors' bids met specifications. FUNDING: To ensure City departments have enough spending authority under the non-exclusive agreements, considering the expanded scope of the solicitation and to account for unanticipated http://apps.cfwnet.org/council_packet/mc review.asp?ID=33442&councildate=6/24/2025 6/26/2025 M&C Review Page 3 of 4 needs from additional departments, Purchasing has also included a 25\% spending buffer for a combined annual amount up to $1,252,750.00; however, the actual amount used will be based on the need of the department and available budget. Funding is budgeted in the various accounts within the participating departments' operating budgets, as appropriated. BUSINESS EQUITY: The Business Equity Division placed a 18.27\% business equity goal on thiscontract. Ambassador Services, LLC, will be exceeding the goal at 100\% as a Business Equity Prime and self- performing the scope of the services, meeting the City's Business Equity Ordinance. Any changes in subcontractors will be reviewed by the Business Equity Division. SERVPRO of Southwest Dallas dba Tigerhawk and DRC Fort Worth, LLC, submitted a Prime Waiver Form, which is in accordance with the City's Business Equity Ordinance. SERVPRO of Southwest Dallas dba Tigerhawk and DRC Fort Worth, LLC., will be selfperforming the entire scope of the contract. AGREEMENT TERM: Upon City Council approval, the initial term of these Non -Exclusive Agreements shall begin upon execution and shall expire one year from that date. RENEWAL OPTIONS - These Agreements may be renewed for up to four one-year terms, at the City's option. This action does not require specific City Council approval, provided the City Council has appropriated sufficient funds to satisfy the City's obligation during the renewal term. 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. These agreements serve ALL COUNCIL DISTRICTS. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that funds are available in the current operating budgets, as previously appropriated, in the participating departments' Operating Funds to support the approval of the above recommendation and execution of non-exclusive agreements. Prior to an expenditure being incurred, the participating departments have the responsibility to validate the availability of funds. BQN\\ TO Fund I Department Account Project ID ID FROM Fund Department Account Project ID ID Submitted for Citv Manager's Office bv: Oriainatina Department Head: Additional Information Contact: ATTACHMENTS Program Activity Program Activity Budget Reference # Year (Chartfield 2) Budget Reference # Year (Chartfield 2) Reginald Zeno (8517) Valerie Washington (6192) Reginald Zeno (8517) Marilyn Marvin (7708) Brandy M. Hazel (8087) Maria Canoura (2526) Amount Amount http://apps.cfwnet.org/council_packet/mc review.asp?ID=33442&councildate=6/24/2025 6/26/2025 M&C Review Page 4 of 4 1295 Certificate DRC Fort Worth.pdf (CFW Internal) Form 1295 Certificate Ambassador Services, LLC 3-10-25.adf (CFW Internal) Form 1295 Certificate Tiqerhawk LLC.pdf (CFW Internal) http://apps.cfwnet.org/council_packet/mc review.asp?ID=33442&councildate=6/24/2025 6/26/2025