HomeMy WebLinkAboutContract 63730CSC No. ____________
Vendor Services Agreement Page 1 of 40
NON-EXCLUSIVE VENDOR SERVICES AGREEMENT
(Information Technology)
_____________________________________________________________________________
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 Superior Fiber
& Data Services, Inc. (“Vendor”), a Texas corporation, acting by and through its duly authorized
representative. City and Vendor are each individually referred to herein as a “party” and
collectively referred to as the “parties.”
AGREEMENT DOCUMENTS:
The Agreement documents shall include the following:
1.This Non-Exclusive Vendor Services Agreement;
2.Exhibit A – Scope of Services;
3.Exhibit B – Hardware Specifications;
4.Exhibit C – Payment Schedule;
5.Exhibit D – Milestone Acceptance Form;
6.Exhibit E – Capital Project Example “Construction Documents”;
7.Exhibit F – Authorized Signature and Contact Details; and
8.Exhibit G – Network Access Agreement.
All Exhibits attached hereto are incorporated herein and made a part of this Agreement for all
purposes. In the event of any conflict between the documents, the terms and conditions of this
Agreement shall control.
1.Scope of Services. The City issued Request for Proposals No. 25-0056 to establish
Non-Exclusive Agreements for the provision of all network cabling parts and services for the
Information Technology Solutions Department, on an as needed basis, per descriptions and
specifications listed in the Scope of Services (“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 will begin upon signature by the City’s
Assistant City Manager (“Effective Date”) and expire September 30, 2026, 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.
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3.Compensation.
3.1. Total payment made under this Agreement annually by City to all vendors
who are awarded a non-exclusive agreement shall not exceed One Million Five Hundred
Thousand Dollars and Zero Cents ($1,500,000.00). Vendor understands and agrees that the
City may have multiple non-exclusive agreements with other vendors who provide similar
Services to the City, and the City makes no promise or guarantee of the total amount of
Services that will be assigned to the Vendor under this agreement.
3.2. City will pay Vendor in accordance with the Prompt Payment Act (Chapter
2251 of the Texas Government Code) and provisions of this Agreement, including Exhibit
C, which is attached hereto and incorporated herein for all purposes.
3.3. Vendor will not perform any additional services or bill for expenses incurred
for City not specified by this Agreement unless City requests and approves in writing the
additional costs for such services. City will not be liable for any additional expenses of
Vendor not specified by this Agreement unless City first approves such expenses in writing.
4.Termination.
4.1. Convenience. Either the 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. Breach. If either party commits a material breach of this Agreement, the
non-breaching Party must give written notice to the breaching party that describes the
breach in reasonable detail. The breaching party must cure the breach ten (10) calendar
days after receipt of notice from the non-breaching party, or other time frame as agreed to
by the parties. If the breaching party fails to cure the breach within the stated period of
time, the non-breaching party may, in its sole discretion, and without prejudice to any other
right under this Agreement, law, or equity, immediately terminate this Agreement by giving
written notice to the breaching party.
4.3. Fiscal Funding Out. In the event no funds or insufficient funds are
appropriated by the City in any fiscal period for any payments due hereunder, the City will
notify Vendor of such occurrence and this Agreement shall terminate on the last day of the
fiscal period for which appropriations were received without penalty or expense to the City
of any kind whatsoever, except as to the portions of the payments herein agreed upon for
which funds have been appropriated.
4.4. Duties and Obligations of the Parties. In the event that this Agreement is
terminated prior to the Expiration Date, the City shall pay Vendor for services actually
rendered up to the effective date of termination and Vendor shall continue to provide the
City with services requested by the City and in accordance with this Agreement up to the
effective date of termination. Upon termination of this Agreement for any reason, Vendor
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shall provide the 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 shall return all City
provided data to the City in a machine-readable format or other format deemed acceptable
to the City.
5.Disclosure of Conflicts and Confidential Information.
5.1. Disclosure of Conflicts. Vendor hereby warrants to City that Vendor has
made full disclosure in writing of any existing or potential conflicts of interest related to
Vendor's services under this Agreement. In the event that any conflicts of interest arise after
the Effective Date of this Agreement, Vendor hereby agrees immediately to make full
disclosure to City in writing.
5.2. Confidential Information. Vendor, for itself and its officers, agents and
employees, agrees that it will treat all information provided to it by City (“City
Information”) as confidential and will not disclose any such information to a third party
without the prior written approval of City.
5.3. Public Information Act. City is a government entity under the laws of the
State of Texas and all documents held or maintained by City are subject to disclosure under
the Texas Public Information Act. In the event there is a request for information marked
Confidential or Proprietary, City will promptly notify Vendor. It will be the responsibility
of Vendor to submit reasons objecting to disclosure. A determination on whether such
reasons are sufficient will not be decided by City, but by the Office of the Attorney General
of the State of Texas or by a court of competent jurisdiction.
5.4. Unauthorized Access. Vendor must store and maintain City Information in
a secure manner and will not allow unauthorized users to access, modify, delete or
otherwise corrupt City Information in any way. Vendor must notify City immediately if the
security or integrity of any City Information has been compromised or is believed to have
been compromised, in which event, Vendor will, in good faith, use all commercially
reasonable efforts to cooperate with City in identifying what information has been accessed
by unauthorized means and will fully cooperate with City to protect such City Information
from further unauthorized disclosure.
6.Right to Audit. Vendor agrees that City will, until the expiration of three (3) years
after final payment under this Agreement, or the final conclusion of any audit commenced during
the said three years, have access to and the right to examine at reasonable times any directly
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.
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7.Independent Contractor. It is expressly understood and agreed that Vendor will
operate as an independent contractor as to all rights and privileges and work performed under this
Agreement, and not as agent, representative or employee of City. Subject to and in accordance
with the conditions and provisions of this Agreement, Vendor will have the exclusive right to
control the details of its operations and activities and be solely responsible for the acts and
omissions of its officers, agents, servants, employees, Vendors, and subcontractors. Vendor
acknowledges that the doctrine of respondeat superior will not apply as between City, its officers,
agents, servants and employees, and Vendor, its officers, agents, employees, servants, contractors,
and subcontractors. Vendor further agrees that nothing herein will be construed as the creation of
a partnership or joint enterprise between City and Vendor. It is further understood that City will in
no way be considered a Co-employer or a Joint employer of Vendor or any officers, agents,
servants, employees, contractors, or subcontractors. Neither Vendor, nor any officers, agents,
servants, employees, contractors, or subcontractors of Vendor will be entitled to any employment
benefits from City. Vendor will be responsible and liable for any and all payment and reporting of
taxes on behalf of itself, and any of its officers, agents, servants, employees, or contractors.
8.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 ANY RESULTING 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
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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 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.
9.Assignment and Subcontracting.
9.1. Assignment. Vendor will not assign or subcontract any of its duties,
obligations or rights under this Agreement without the prior written consent of City. If City
grants consent to an assignment, the assignee will execute a written agreement with City
and Vendor under which the assignee agrees to be bound by the duties and obligations of
Vendor under this Agreement. Vendor will be liable for all obligations of Vendor under this
Agreement prior to the effective date of the assignment.
9.2. Subcontract. If City grants consent to a subcontract, the subcontractor will
execute a written agreement with Vendor referencing this Agreement under which
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:
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10.1. The Vendor shall carry the following insurance coverage with a company
that is licensed to do business in Texas or otherwise approved by the City:
10.1.1. Commercial General Liability:
10.1.1.1. Combined limit of not less than $2,000,000 per
occurrence; $4,000,000 aggregate; or
10.1.1.2. Combined limit of not less than $1,000,000 per
occurrence; $2,000,000 aggregate and Umbrella Coverage in the amount of
$4,000,000. Umbrella policy shall contain a follow-form provision and shall
include coverage for personal and advertising injury.
10.1.1.3. Defense costs shall be outside the limits of liability.
10.1.2. Automobile Liability Insurance covering any vehicle used in
providing services under this Agreement, including owned, non-owned, or hired
vehicles, with a combined limit of not less than $1,000,000 per occurrence.
10.1.3. Professional Liability (Errors & Omissions) in the amount of
$1,000,000 per claim and $1,000,000 aggregate limit.
10.1.4. Statutory Workers’ Compensation and Employers’ Liability
Insurance requirements per the amount required by statute.
10.1.5. Technology Liability (Errors & Omissions)
10.1.5.1. Combined limit of not less than $2,000,000 per
occurrence; $4 million aggregate or
10.1.5.2. Combined limit of not less than $1,000,000 per
occurrence; $2,000,000 aggregate and Umbrella Coverage in the amount of
$4,000,000. Umbrella policy shall contain a follow-form provision and shall
include coverage for personal and advertising injury. The umbrella policy
shall cover amounts for any claims not covered by the primary Technology
Liability policy. Defense costs shall be outside the limits of liability.
10.1.5.3. Coverage shall include, but not be limited to, the
following:
10.1.5.3.1. Failure to prevent unauthorized access;
10.1.5.3.2. Unauthorized disclosure of information;
10.1.5.3.3. Implantation of malicious code or computer
virus;
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10.1.5.3.4. Fraud, Dishonest or Intentional Acts with
final adjudication language;
10.1.5.3.5. Intellectual Property Infringement coverage,
specifically including coverage for intellectual property
infringement claims and for indemnification and legal defense of
any claims of intellectual property infringement, including
infringement of patent, copyright, trade mark or trade secret,
brought against the City for use of Deliverables, Software or
Services provided by Vendor under this Agreement;
10.1.5.3.6. Technology coverage may be provided
through an endorsement to the Commercial General Liability (CGL)
policy, a separate policy specific to Technology E&O, or an
umbrella policy that picks up coverage after primary coverage is
exhausted. Either is acceptable if coverage meets all other
requirements. Technology coverage shall be written to indicate that
legal costs and fees are considered outside of the policy limits and
shall not erode limits of liability. Any deductible will be the sole
responsibility of the Vendor and may not exceed $50,000 without
the written approval of the City. Coverage shall be claims-made,
with a retroactive or prior acts date that is on or before the effective
date of this Agreement. Coverage shall be maintained for the
duration of the contractual agreement and for two (2) years
following completion of services provided. An annual certificate of
insurance, or a full copy of the policy if requested, shall be submitted
to the City to evidence coverage; and
10.1.5.3.7. Any other insurance as reasonably requested
by City.
10.2. General Insurance Requirements:
10.2.1. All applicable policies shall name the City as an additional insured
thereon, as its interests may appear. The term City shall include its employees,
officers, officials, agents, and volunteers in respect to the contracted services.
10.2.2. The workers’ compensation policy shall include a Waiver of
Subrogation (Right of Recovery) in favor of the City of Fort Worth.
10.2.3. A minimum of Thirty (30) days’ notice of cancellation or reduction
in limits of coverage shall be provided to the City. Ten (10) days’ notice shall be
acceptable in the event of non-payment of premium. Notice shall be sent to the
Risk Manager, City of Fort Worth, 1000 Throckmorton, Fort Worth, Texas 76102,
with copies to the City Attorney at the same address.
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10.2.4. 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.
10.2.5. Any failure on the part of the City to request required insurance
documentation shall not constitute a waiver of the insurance requirement.
10.2.6. Certificates of Insurance evidencing that the Vendor has obtained all
required insurance shall be delivered to and approved by the City’s Risk
Management Division prior to execution of this Agreement.
11.Compliance with Laws, Ordinances, Rules and Regulations. Vendor agrees that
in the performance of its obligations hereunder, it will comply with all applicable federal, state and
local laws, ordinances, rules and regulations and that any work it produces in connection with this
Agreement will also comply with all applicable federal, state and local laws, ordinances, rules and
regulations. If City notifies Vendor of any violation of such laws, ordinances, rules or regulations,
Vendor must immediately desist from and correct the violation.
12.Non-Discrimination Covenant. Vendor, for itself, its personal representatives,
assigns, contractors, subcontractors, and successors in interest, as part of the consideration herein,
agrees that in the performance of Vendor’s duties and obligations hereunder, it will not discriminate
in the treatment or employment of any individual or group of individuals on any basis prohibited
by law. IF ANY CLAIM ARISES FROM AN ALLEGED VIOLATION OF THIS NON-
DISCRIMINATION COVENANT BY VENDOR, ITS PERSONAL REPRESENTATIVES,
ASSIGNS, CONTRACTORS, SUBCONTRACTORS, OR SUCCESSORS IN INTEREST,
VENDOR AGREES TO ASSUME SUCH LIABILITY AND TO INDEMNIFY AND DEFEND
CITY AND HOLD CITY HARMLESS FROM SUCH CLAIM.
13.Notices. Notices required pursuant to the provisions of this Agreement will be
conclusively determined to have been delivered when (1) hand-delivered to the other party, its
agents, employees, servants or representatives, (2) delivered by facsimile with electronic
confirmation of the transmission, or (3) received by the other party by United States Mail,
registered, return receipt requested, addressed as follows:
To CITY:
City of Fort Worth
Attn: Assistant City Manager
100 Fort Worth Trail
Fort Worth, TX 76102
Facsimile: (817) 392-8654
To VENDOR:
Superior Fiber & Data Services, Inc.
Attn: Steve Barnes, Vice President
1711 Briercroft Court
Suite 154
Carrollton, TX 75006
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With copy to Fort Worth City Attorney’s Office
at same address
14.Solicitation of Employees.Neither City nor Vendor will, during the term of this
Agreement and additionally for a period of one year after its termination, solicit for employment
or employ, whether as employee or independent contractor, any person who is or has been
employed by the other during the term of this Agreement, without the prior written consent of the
person's employer. Notwithstanding the foregoing, this provision will not apply to an employee of
either party who responds to a general solicitation of advertisement of employment by either party.
15.Governmental Powers. It is understood and agreed that by execution of this
Agreement, City does not waive or surrender any of its governmental powers or immunities.
16.No Waiver.The failure of City or Vendor to insist upon the performance of any
term or provision of this Agreement or to exercise any right granted herein does not constitute a
waiver of City's or Vendor’s respective right to insist upon appropriate performance or to assert
any such right on any future occasion.
17.Governing Law and Venue.This Agreement will be construed in accordance with
the laws of the State of Texas. If any action, whether real or asserted, at law or in equity, is brought
pursuant to this Agreement, venue for such action will lie in state courts located in Tarrant County,
Texas or the United States District Court for the Northern District of Texas, Fort Worth Division.
18.Severability. If any provision of this Agreement is held to be invalid, illegal or
unenforceable, the validity, legality and enforceability of the remaining provisions will not in any
way be affected or impaired.
19.Force Majeure. City and Vendor will exercise their best efforts to meet their
respective duties and obligations as set forth in this Agreement, but will not be held liable for any
delay or omission in performance due to force majeure or other causes beyond their reasonable
control, including, but not limited to, compliance with any government law, ordinance, or
regulation; acts of God; acts of the public enemy; fires; strikes; lockouts; natural disasters; wars;
riots; epidemics or pandemics; government action or inaction; orders of government; material or
labor restrictions by any governmental authority; transportation problems; restraints or
prohibitions by any court, board, department, commission, or agency of the United States or of
any States; civil disturbances; other national or regional emergencies; or any other similar cause
not enumerated herein but which is beyond the reasonable control of the Party whose performance
is affected (collectively, “Force Majeure Event”). The performance of any such obligation is
suspended during the period of, and only to the extent of, such prevention or hindrance, provided
the affected Party provides notice of the Force Majeure Event, and an explanation as to how it
prevents or hinders the Party’s performance, as soon as reasonably possible after the occurrence
of the Force Majeure Event, with the reasonableness of such notice to be determined by the City
in its sole discretion. The notice required by this section must be addressed and delivered in
accordance with Section 13 of this Agreement.
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20.Headings not Controlling. Headings and titles used in this Agreement are for
reference purposes only, will not be deemed a part of this Agreement, and are not intended to define
or limit the scope of any provision of this Agreement.
21.Review of Counsel.The parties acknowledge that each party and its counsel have
reviewed and revised this Agreement and that the normal rules of construction to the effect that
any ambiguities are to be resolved against the drafting party will not be employed in the
interpretation of this Agreement or its attached Exhibits.
22.Amendments / Modifications / Extensions. No amendment, modification, or
extension of this Agreement will be binding upon a party hereto unless set forth in a written
instrument, which is executed by an authorized representative of each party.
23.Counterparts. This Agreement may be executed in one or more counterparts and
each counterpart will, for all purposes, be deemed an original, but all such counterparts will
together constitute one and the same instrument.
24.Warranty of Services. Vendor warrants that its services will be of a high quality
and conform to generally prevailing industry standards. City must give written notice of any breach
of this warranty within thirty (30) days from the date that the services are completed. In such event,
at Vendor’s option, Vendor will either (a) use commercially reasonable efforts to re-perform the
services in a manner that conforms with the warranty, or (b) refund the fees paid by City to Vendor
for the nonconforming services.
25.Network Access.
25.1. City Network Access. If Vendor, and/or any of its employees, officers,
agents, servants or subcontractors (for purposes of this section “Vendor Personnel”),
requires access to the City’s computer network in order to provide the services herein,
Vendor shall execute and comply with the Network Access Agreement which is attached
hereto as Exhibit G and incorporated herein for all purposes.
25.2. Federal Law Enforcement Database Access. If Vendor, or any Vendor
Personnel, requires access to any federal law enforcement database or any federal criminal
history record information system, including but not limited to Fingerprint Identification
Records System (“FIRS”), Interstate Identification Index System (“III System”), National
Crime Information Center (“NCIC”) or National Fingerprint File (“NFF”), or Texas Law
Enforcement Telecommunications Systems (“TLETS”), that is governed by and/or defined
in Title 28, Code of Federal Regulations Part 20 (“CFR Part 20”), for the purpose of
providing services for the administration of criminal justice as defined therein on behalf of
the City or the Fort Worth Police Department, under this Agreement, Vendor shall comply
with the Criminal Justice Information Services Security Policy and CFR Part 20, as
amended, and shall separately execute the Federal Bureau of Investigation Criminal Justice
Information Services Security Addendum. No changes, modifications, alterations, or
amendments shall be made to the Security Addendum. The document must be executed as
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is, and as approved by the Texas Department of Public Safety and the United States
Attorney General.
26.Immigration Nationality Act. Vendor must verify the identity and employment
eligibility of its employees who perform work under this Agreement, including completing the
Employment Eligibility Verification Form (I-9). Upon request by City, Vendor will provide City
with copies of all I-9 forms and supporting eligibility documentation for each employee who
performs work under this Agreement. Vendor must adhere to all Federal and State laws as well as
establish appropriate procedures and controls so that no services will be performed by any Vendor
employee who is not legally eligible to perform such services. VENDOR WILL INDEMNIFY
CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR
LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY VENDOR, VENDOR’S
EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, OR AGENTS. City, upon written
notice to Vendor, will have the right to immediately terminate this Agreement for violations of this
provision by Vendor.
27.Informal Dispute Resolution. Except in the event of termination pursuant to
Section 4.2, if either City or Vendor has a claim, dispute, or other matter in question for breach of
duty, obligations, services rendered or any warranty that arises under this Agreement, the parties
shall first attempt to resolve the matter through this dispute resolution process. The disputing party
shall notify the other party in writing as soon as practicable after discovering the claim, dispute,
or breach. The notice shall state the nature of the dispute and list the party’s specific reasons for
such dispute. Within ten (10) business days of receipt of the notice, both parties shall commence
the resolution process and make a good faith effort, either through email, mail, phone conference,
in person meetings, or other reasonable means to resolve any claim, dispute, breach or other matter
in question that may arise out of, or in connection with this Agreement. If the parties fail to resolve
the dispute within sixty (60) days of the date of receipt of the notice of the dispute, then the parties
may submit the matter to non-binding mediation in Tarrant County, Texas, upon written consent
of authorized representatives of both parties in accordance with the Industry Arbitration Rules of
the American Arbitration Association or other applicable rules governing mediation then in effect.
The mediator shall be agreed to by the parties. Each party shall be liable for its own expenses,
including attorney’s fees; however, the parties shall share equally in the costs of the mediation. If
the parties cannot resolve the dispute through mediation, then either party shall have the right to
exercise any and all remedies available under law regarding the dispute. Notwithstanding the fact
that the parties may be attempting to resolve a dispute in accordance with this informal dispute
resolution process, the parties agree to continue without delay all of their respective duties and
obligations under this Agreement not affected by the dispute. Either party may, before or during
the exercise of the informal dispute resolution process set forth herein, apply to a court having
jurisdiction for a temporary restraining order or preliminary injunction where such relief is
necessary to protect its interests.
28.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
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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.
29.No Boycott of Israel.If Vendor has fewer than 10 employees or this Agreement is
for less than $100,000, this section does not apply. Vendor acknowledges that in accordance with
Chapter 2271 of the Texas Government Code, the City is prohibited from entering into a contract
with a company for goods or services unless the contract contains a written verification from the
company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the
contract. The terms “boycott Israel” and “company” has the meanings ascribed to those terms in
Section 2271 of the Texas Government Code. By signing this Agreement, Vendor certifies that
Vendor’s signature provides written verification to the City that Vendor: (1) does not boycott Israel;
and (2) will not boycott Israel during the term of the Agreement.
30.Prohibition on Boycotting Energy 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.
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.
Vendor Services Agreement Page 13 of 40
32.Reporting Requirements.
32.1. For purposes of this section, the words below shall have the following
meaning:
32.1.1.Child shall mean a person under the age of 18 years of age.
32.1.2. Child pornography means an image of a child engaging in sexual
conduct or sexual performance as defined by Section 43.25 of the Texas Penal
Code.
32.1.3. Computer means an electronic, magnetic, optical, electrochemical,
or other high-speed data processing device that performs logical, arithmetic, or
memory functions by the manipulations of electronic or magnetic impulses and
includes all input, output, processing, storage, or communication facilities that are
connected or related to the device.
32.1.4. Computer technician means an individual who, in the course and
scope of employment or business, installs, repairs, or otherwise services a computer
for a fee. This shall include installation of software, hardware, and maintenance
services.
32.2. Reporting Requirement. If Vendor meets the definition of Computer
Technician as defined herein, and while providing services pursuant to this Agreement,
views an image on a computer that is or appears to be child pornography, Vendor shall
immediately report the discovery of the image to the City and to a local or state law
enforcement agency or the Cyber Tip Line at the National Center for Missing and Exploited
Children. The report must include the name and address of the owner or person claiming a
right to possession of the computer, if known, and as permitted by law. Failure by Vendor
to make the report required herein may result in criminal and/or civil penalties.
33.Signature Authority. 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.
34.Survival of Provisions. The parties’ duties and obligations pursuant to Section 4.4
(Duties and Obligations), Section 5 (Disclosure of Conflicts and Confidential Information),
Section 6 (Right to Audit), and Section 8 (Liability and Indemnification) shall survive termination
of this Agreement.
35.Change in Company 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
Vendor Services Agreement Page 14 of 40
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 may adversely impact
future invoice payments.
36.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.
37.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)
07/23/2025
Vendor Services Agreement – Exhibit A Page 16 of 40
EXHIBIT A
Scope of Services
SCOPE OF SERVICES
The City issued Request for Proposals No. 25-0056 to establish Non-Exclusive Agreements for
the provision of all network cabling parts and services for the Information Technology Solutions
Department, on an as needed basis, per descriptions and specifications listed in this Scope of
Services.
1. VOICE CABLE AND DISTRIBUTION CABLE
1.1. The installation of all premises, distribution, cross connect, patch, backbone and
horizontal wiring are to comply with all local code authority and the following Electronic
Industries Alliance and Telecommunications Industry Association (EIA/TIA) and
American National Standards Institute (ANSI) specifications and or standards:
1.1.1. ANSI/TIA 568-A Standard, Commercial Building Telecommunications
Wiring Standard EIA/TIA 569 Standard, Commercial Building Standards for
Telecommunications Pathways and Spaces.
1.1.2. ANSI/Insulated Cable Engineers Association (ICEA) S-83-596, 2021,
Standard for Fiber Optic Premises Distribution Cable ANSI/TIA-C.2 Category 6
1.2. All premises wiring required to complete installation of the services requested in
this Agreement will be the responsibility of the Vendor. Premises wiring are defined as
“intra building” and “inter building” data and voice wiring necessary for the project. This
includes fiber patches and data patch connections.
1.3. Manufacturers Material Specification sheets are required for all installation
materials used in this agreement if alternate materials are chosen for cable products.
1.4. All cabling must be designed for the purpose as outlined in article 800 of the NEC
code. Vendor is to determine the proper use of either Poly Vinyl Chloride (PVC) or Teflon
conductor insulation depending on the air handling requirements of the building or as
applicable wiring and building codes require. Telephone industry standard 10 basic color
code is to be used. Conductors will be twisted into pairs and assembled into a cylindrical
core. Cables having more than 25 pairs will be coded into industry standard 25 pair color
groups being bound with a unique color binder.
1.5. All new wiring in common areas or office environments must be enclosed in
covered raceway (i.e., wire mold) when locations are not provided or served via already
provided in wall voice & data conduit and electrical boxes.
1.6. The Vendor shall perform all work according to Federal, State, and local codes,
rules, regulations, and ordinances governing the work, and as fully part of the specifications
Vendor Services Agreement – Exhibit A Page 17 of 40
as if herein repeated or hereto attached. If the Vendor should note items in the drawings or
the specifications, construction of which would be code violations, promptly call them to
the attention of the City's representative in writing. Where the requirements of other
sections of the specifications are more stringent than applicable codes, rules, regulations,
and ordinances, the specifications shall apply.
2. WARRANTY
2.1. The Vendor must be a certified Panduit Structured Cabling Partner with Silver
Level Status or above. City approved manufacturers for cabling products are Corning,
Prysmian, and Panduit.
2.2. The Vendor must have a Registered Communications Distribution Designer
(“RCDD”) review of plans and construction methods to ensure all standards and codes are
met in construction projects.
2.3. The Vendor must offer a twenty-five (25) year extended warranty for the premises
cabling solution comprised of covered manufacturers products.
2.4. The Vendor shall warrant that all materials and equipment furnished under the
contract are new and in good working order, free from defects and in conformance with
system specifications. All installed equipment must conform to the manufacturer’s official
published specifications. The warranty shall begin at the system acceptance date and
remain in effect for a period of twenty-five (25) years from that date. The Vendor shall
agree to repair, adjust and/or replace (as determined by the City to be in its best interest)
any defective equipment, materials, or other parts of the system at the Vendor’s sole cost.
The City will incur no costs for service or replacement of parts during the warranty period
of 25 years. All third-party warranties shall be passed through from Vendor to City.
2.5. The Vendor shall warrant and supply evidence that the installation of materials and
hardware will be made in strict compliance with all applicable provisions of the National
Electric Code, the rules and regulations of the Federal Communications Commission and
state and/or local codes or ordinances that may apply.
2.6. The Vendor shall warrant that the system will function as specified in the approved
manufacturer’s Technical Description Guide.
2.7. The Vendor shall warrant that the system shall accommodate traffic at the levels
specified in all appropriate sections of this Agreement.
3. FIBER OPTIC CABLE
3.1. Fiber cable to be supplied is to be standard Optical Multimode (OM) OM3/OM4
and standard Optical Single Mode (OS) OS2. Standard Restriction of Hazardous
Substances (RoHS) compliant single-mode and multimode distribution cable is available
in fiber counts from 6 to 72 fibers.
Vendor Services Agreement – Exhibit A Page 18 of 40
3.2. Distribution cable in 6 and 12 fiber stranded designs have 900 m tight-buffered
fibers surrounded by an aramid yarn strength member. Larger distribution cable (24 fibers
and greater) features a sub-unit design that simplifies fiber identification, provides easy
access and routing of the fibers and increases cable durability with a dielectric central
strength member. Accepted manufacturers for this product: Corning, Prysmian, Panduit.
4. FIBER SPECIFICATIONS
4.1. Multimode Fiber
4.1.1. Provide multimode fiber optic backbone cabling, as indicated in the
drawing set.
4.1.2. Optical fibers shall be 50/125-micron and OM3/OM4 compliant.
4.1.3. Provide plenum-rated cable for all plenum environments and riser-rated
cable for all non-plenum environments.
4.1.4. Jacket to be Aqua in color.
4.1.5. Approved Products
4.1.5.1. Corning #0xxT81-33190-24 (50/125-micron, riser) Strand
count < 24
4.1.5.2. Corning #0xxT88-33190-29 (50/125-micron, plenum)
Strand count < 24
4.1.5.3. Prysmian
4.1.5.4. Panduit # FODRZxxY (50/125-micron, riser) Strand count
< 24
4.1.5.5. Panduit # FODPZxxY (50/125-micron, plenum) Strand
count < 24
4.2. Single-Mode Fiber
4.2.1. Provide single-mode fiber optic backbone cabling, as indicated in the
drawing set.
4.2.2. Optical fibers shall be minimum OS2 compliant.
Vendor Services Agreement – Exhibit A Page 19 of 40
4.2.3. Provide plenum-rated cable for all plenum environments and riser-rated
cable for all non-plenum environments.
4.2.4. Jacket to be yellow in color.
4.2.5. Jacket to be imprinted with fiber count, fiber type, and aggregate length at
regular intervals not to exceed 40 inches
4.2.6. Refer to job drawings supplied for exact fiber counts. Drawings will be
supplied when a specific project is identified and scheduled.
4.2.7. Approved products
4.2.7.1. Intra-building (Inside Plant)
4.2.7.1.1. Corning #0xxE81-33131-24 (9/125-micron, riser)
4.2.7.1.2. Corning #0xxE88-33131-29 (9/125-micron, plenum)
4.2.7.1.3. Panduit #FSDR9xxY (9/125-micron riser)
4.2.7.1.4. Panduit #FSDP9xxY (9/125-micron plenum)
4.2.7.2. Inter-building (Indoor/outdoor)
4.2.7.2.1. Corning # 0xxE8F-31131-29 (8.3/125-micron, riser,
tight buffered)
4.2.7.2.2. Corning # 0xxEP-31131-29 (8.3/125-micron,
plenum, tight buffered)
4.2.7.2.3. Panduit # FSKR9xx (9/125-micron riser)
4.2.7.2.4. Panduit # FSKP9xx (9/125-micron plenum)
4.3. End connections for all fiber cable must be Lucent Connector (LC).
5. VOICE, DATA, and COPPER TERMINATIONS
5.1. Voice terminations are to be made on standard single Registered Jack (RJ)-45 jacks
with a minimum of 50 micro inches of gold surface plating on the contact wires and plugs.
5.2. Data terminations are to be made on standard single Category 6 RJ-45 8 position
jack with a minimum of 50 micro inches of gold surface plating on the contact wires and
plugs. Wiring standard for Category 6 wiring termination is T568B.
Vendor Services Agreement – Exhibit A Page 20 of 40
5.3. For Reference of the drops, each Standard drop will consist of two terminations that
can be interoperable to accommodate either voice or data applications. Typical meeting
room drop will consist of four cables each consisting of terminations that can be
interoperable to accommodate either voice or data applications. There will also be
convenience phone drops that will consist of a single termination that will be installed in
the proper faceplate for each location’s phone.
5.4. All terminations should be made utilizing the Panduit MINI-COM® modules.
5.5. Equipment room Main Distribution Frame (MDF) and Intermediate Distribution
Frame (IDF) terminations for voice applications are to be made on patch panels within the
designated frame equipment for each location. The use and or combination of cable trays,
backboards, wall frames, and stand-alone frames are expected to be utilized in providing a
logical and proper layout to equipment spaces and IDF locations. Accepted manufacturers
of frame equipment: Panduit, Hoffman, Chatsworth.
5.6. Refer to Exhibit B – Hardware Specifications:
5.6.1. Voice grade and Category 6 terminations, face plates and associated
hardware.
5.6.2. Category 6 patch panels and associated hardware.
5.6.3. Data frames to be used for closet hardware mounting.
5.6.4. Fiber rack mount enclosures and associated hardware.
6. INSTALLATION
6.1. General
6.1.1. The Vendor will coordinate with the City any interruption to existing
telephone\data communications. Any interruptions are to be minimized and be
performed after-hours, on weekends or holidays. (Refer to section 10.0 Service
Requests).
6.1.2. Regarding installation activity that is potentially disruptive (i.e. drilling,
running cable, mounting frames, raceway, etc.) to administrative activity, the
Vendor will notify the Network Services Project Manager of potential disturbance
prior to beginning work.
6.1.3. Vendor is to supply their own tools and equipment, especially brooms,
dustpans, ladders, etc. at their own expense.
6.1.4. Vendor will be required to broom clean work areas at the end of each shift
or workday at no additional cost to the City.
Vendor Services Agreement – Exhibit A Page 21 of 40
6.1.5. Installation equipment, materials, and product will ONLY be allowed to be
kept in specified areas. Hallways, office areas, lobbies, etc. are not suitable for
storage and the City will NOT be held liable for missing or stolen equipment.
6.1.6. All cables and related terminations, support, and grounding hardware shall
be furnished, installed, wired, tested, labeled, and documented by the Vendor as
detailed in this document at no additional cost to the City.
6.1.7. Wiring to all outlets to run above the ceiling shall be fastened to the building
structure at five (5) foot intervals through the combined use of, but not limited to,
J hooks, beam clamps, D-rings, and hangers. At no time are voice or data
drops/homeruns to be directly secured to the building structure above ceiling
without the use of cable supports. Cabling above ceiling shall be sectioned off,
bundled and tied, and routed back to intermediate or master wiring closets using a
star configuration. All wiring shall run continuously from the outlet to the wiring
closet without breaks or splices. Cable supports shall be employed every five (5)
feet. Cable supports (J Hooks etc.) shall be sized 50% larger than needed to allow
for future growth.
6.1.8. In areas where ceiling tiles are removed for cable pulling, or ceiling tiles are
damaged as a result of cable pulling, the Vendor shall replace tiles with like tiles at
no additional cost to the City.
6.1.9. All boxes, equipment and cable shall be firmly secured in place. Boxes,
jacks and blocks shall be plumb and square. Consideration will be given for overall
aesthetic factors. Sample installation diagrams and layouts are to be followed at all
times. Deviations due to design and or building structural considerations must be
cleared with Network Services project manager.
6.1.10. Any new or replacement premises wiring shall be clearly labeled. The
Vendor and City will work to design a structured method of designating all cabling
involved with the project.
6.1.11. The Vendor will observe all applicable departmental safety and security
regulations established.
6.1.12. The Vendor is responsible for repair of damage to the building due to
carelessness of their workmen, and exercise reasonable care to avoid any damage
to property. The Vendor must report to the City any damage to the building that may
exist or may occur during the occupancy of the quarters.
6.1.13. Upon completion of the work, the Vendor must remove his tools, equipment
and all rubbish and debris from the premises and must leave the premises clean and
neat.
Vendor Services Agreement – Exhibit A Page 22 of 40
6.1.14. The Vendor must promptly correct all defects for which the Vendor is
responsible.
6.1.15. The Vendor will obtain the permission of the City’s Information Technology
Solutions (IT Solutions) Department before cutting into or through any part of the
building structure such as beams, girders, concrete, or tile floors, partitions and
ceilings. The Vendor shall restore any girders, beams, floors, partitions, ceilings,
fire partitions and walls to their original condition.
6.1.16. The Vendor will coordinate all work with the City’s IT Solutions
Department.
6.1.17. Core boring set up is to be handled in such a way as to minimize interference
with daily operations and with minimal impact to the work environment.
6.1.18. A temporary structure/enclosure is to be erected to contain all indoor core-
boring locations. Cleanup of debris related to boring is the responsibility of the
Vendor. Work area is be cleaned and returned to an as found condition. This will
include but not be limited to water control and abatement, floor washing,
vacuuming, carpet cleaning, furniture dusting, furniture cleaning, and furniture
washing by a professional cleaning service as needed at no additional cost to the
City.
6.1.19. Installation work may involve performing installation duties in an
operational, production data center. The utmost care is to be exercised in the
installation of requested services. At no time will installation work be permitted
without onsite supervision provided by the City’s IT Solutions Department.
6.2. Copper/Category Cable
6.2.1. The Vendor must run all jumpers and wiring, including line jumpers
connected to lightning or surge protectors, as may be required to properly
interconnect the system parts to each other and to the common carrier network(s).
6.2.2. Cable pulling tension shall not exceed 110N (25 pound-force (lbf)) for
Unshielded Twisted Pair (UTP) horizontal four pair cables.
6.2.3. Category horizontal cabling shall have a minimum six (6) foot service loop
for each cable above ceiling. Service loop is to be neatly dressed and secured
6.2.4. Category 6 patch panel terminations are to maintain cable jacket and twist
a minimum of one-half inch from point of termination. End station terminations are
to maintain cable jacket and twist up to the edge of the jack housing. Dust caps
must always be used to provide pair protection and strain relief
Vendor Services Agreement – Exhibit A Page 23 of 40
6.2.5. If installation requires an Outside Plant (OSP) level category cable, within
50’ of building entry, cable should be terminated in an appropriate TIA approved
transition point per the City of Fort Worth and converted to Internet Service
Provider (ISP) category cable for the remainder of the cable run to the
MDF/termination location.
6.3. Fiber
6.3.1. Optical fiber connecting hardware shall be installed to provide well-
organized installation and cable management and always in accordance with
manufacturer’s guidelines.
6.3.2. Fiber optic cable service loops are to be provided at all fiber termination
points. Wiring closet loops are to be a minimum of 12ft. End termination or main
termination point loop is to be a minimum of 12ft.
6.3.3. All indoor/outdoor splices and distribution must be enclosed in an enclosure
designed for the purpose and able to provide maximum protection to splices and
protection from environmental effects.
6.3.4. All splices must be impervious to environmental effects and mechanical
shock.
6.3.5. Splice trays/cans must protect all fiber splices.
6.3.6. All inside distribution and outside plant fiber cabling must be strain relieved
to hinder the possibility of breakage and connection failure.
6.3.7. The use of armor rated indoor/outdoor fiber cabling is expected in all
installs. Buried or aerial fiber optic cable must be approved and designed to specific
standards intended for aerial or buried application.
6.3.8. The City may elect to implement other changes of its own accord. Should
City elect to make its own changes, City shall assume responsibility for the
operation integrity of the structured wiring as it is directly affected by such changes
by City. Upon request, the Vendor shall research all reported physical installation
and performance problems or errors and correct them to the City’s satisfaction. If
the problem or error resulted from design changes made by City, the charge for
correction shall be computed using the rates for standard Time and Materials (T &
M) charges as specified in this Agreement.
7. TESTING AND ACCEPTANCE
7.1. General
Vendor Services Agreement – Exhibit A Page 24 of 40
7.1.1. Inspection of the installed systems shall be made by the staff of the IT
Solutions Department. If items have been omitted or need changing as per
requirements stated herein, they shall be noted in a deviation list. This deviation list
will be given to the Vendor who is expected to complete all items within the time
specified by IT Solutions. Prior to any payment being due thereunder, the system
must be delivered, installed and accepted by IT Solutions, as stated herein.
7.1.2. Installation of structured horizontal wiring, cable riser, voice and data drops,
raceway, terminations, fiber riser, fiber distribution, coring, and peripheral
equipment must be completed.
7.1.3. The City will make inspection as it deems necessary when notified by the
Vendor that the services requested, or any part thereof, is ready for acceptance.
7.1.4. After cutover of any portion of the system, the Vendor shall conduct
acceptance tests outlined in this section for fiber and copper cabling.
7.1.5. Performance and quality tests shall be conducted as specified in this section.
7.1.6. Successful testing by the Vendor with written report of results to the IT
Solutions project manager of all performance and quality incorporating the full
range of testing specified.
7.1.7. Implementation of any and all deviation list items which may result from
inspections by the IT Solutions department project manager must be completed.
7.1.8. Written certification signed by an authorized representative of the Vendor
indicating the satisfactory completion of the above outlined items.
7.1.9. Acceptance of the services requested shall be granted after all equipment
has passed the tests required in the Agreement, and has been in operation thirty (30)
consecutive days without a major failure. The event of a major failure, the City
reserves the right to extend the acceptance date until a time the installation complies
with the thirty (30) day major fault free requirement.
7.1.10. Following verification by IT Solutions that the installation conforms to all
the requirements stated herein, and that the system is 100% operational, a letter of
acceptance will be issued to the Vendor.
7.1.11. Final payment is contingent on signed acceptance of services from the City.
7.2. Voice Grade Wire Testing
7.2.1. The tests shall be run from end to end between all termination points.
Station jack to intermediate termination, riser to main equipment room etc.
Vendor Services Agreement – Exhibit A Page 25 of 40
7.2.2. Continuity (all pairs).
7.2.3. Wire Map (test must include open pairs, shorts, and crossed pairs).
7.3. Category 6 Wire Testing
7.3.1. Testing shall be end to end, patch panel to jack including patch cables. Total
run length not to exceed 295 ft.
7.3.2. Wire Map
7.3.3. Length
7.3.4. Insertion Loss
7.3.5. NEXT Loss
7.3.6. Power Sum Next (PS NEXT) Loss
7.3.7. Attenuation Crosstalk Ratio Far-end Loss (ACR-F Loss)
7.3.8. Power Sum Attenuation Crosstalk Ratio Far-end Loss (PS ACR-F Loss)
7.3.9. Return Loss
7.3.10. Propagation Delay
7.3.11. Delay Skew
7.4. Test results shall be presented in an Excel spreadsheet, detailing cable port location
(building, closet etc.) and all requested test data for the run.
8. SINGLE MODE AND MULTI MODE FIBER TESTING
8.1. The following tests shall be run on all installed fiber stands:
8.1.1. Testing is to be end to end with all terminations and splices involved for
each strand tested. Optical Time-Domain Reflectometer (OTDR), Both directions.
Test results shall be presented in an Excel spreadsheet, detailing cable detailing
cable port, location (building, closet etc.) length and attenuation in decibels (dB).
Additionally, each test is to include a graphical representation of the test,
measurement results, and cable information and set up parameters
8.2. The following standards will be used:
Vendor Services Agreement – Exhibit A Page 26 of 40
8.2.1. ANSI/TIA/EIA-455-59A, Measurement of Fiber Point Discontinuities
Using an OTDR.
8.2.2. ANSI/TIA/EIA-455-60A, Measurement of Fiber or Cable Length Using an
OTDR.
8.2.3. ANSI/TIA/EIA-455-61A, Measurement of Fiber or Cable Attenuation
Using an OTDR.
8.2.4. ANSI/TIA/EIA-526-7, Optical Power Loss Measurements of Installed
Single Mode Fiber Cable Plant.
8.2.5. ANSI/TIA/EIA-526-14-A, Optical Power Loss Measurements of Installed
Multimode Fiber Cable Plant.
9. SERVICE REQUESTS
9.1. Submittal
9.1.1. The IT Solutions Department shall issue a service request to vendor based
on internal customer requests via email correspondence with internal service
request number and location provided.
9.2. Vendor Shall:
9.2.1. Schedule walk through if necessary within 2 business days;
9.2.2. Provide quote to IT Solutions within 3 business days of service request or
after completion of walk through;
9.2.3. Schedule start of work with IT Solutions; and
9.2.4. Provide as-built document of new construction tasks.
9.3. Pricing
9.3.1. Pricing shall be submitted in accordance with Exhibit C
9.3.2. Service Request quote submittal shall be in quantities according to price
described in Exhibit C
9.3.3. Service Request for items not listed in this Agreement should be quoted as
base labor in quantity to include all parts/supplies/equipment necessary to
complete.
9.4. Equipment
Vendor Services Agreement – Exhibit A Page 27 of 40
9.4.1. The City will accept only first quality “New” equipment and materials for
installation under this submittal. Equipment and materials must not be used,
preowned, returned, remanufactured, reconditioned or have had its serial numbers
registered as sold to a previous customer or Vendor. The City reserves the right to
verify origin and condition of all equipment and materials at any time. Equipment
and materials not in compliance will constitute a breach of this agreement and can
result in cancellation of this agreement regardless of fault. Equipment and materials
that do not meet the manufacturer warranty specifications will constitute a breach
of this agreement and can result in cancellation of this agreement regardless of fault,
and can be cause for considered no-bid in analysis of the submittal.
10. DELIVERY OF SERVICES
10.1. Hours to work are between 8:00 AM and 5:00 PM Monday through Friday, unless
prior arrangements have been approved by IT Solutions personnel.
10.2. All work that will cause an interruption to City personnel being able to perform
their jobs (i.e. phones disabled, internet/intranet connections interrupted, etc.) may only be
performed at night, on weekends, and/or holidays. Scheduling and building access must be
pre-approved by IT Solutions personnel.
10.3. City Recognized holidays are as follows:
10.3.1. New Year’s Day
10.3.2. Martin Luther King Day
10.3.3. Memorial Day
10.3.4. Juneteenth
10.3.5. Fourth of July
10.3.6. Labor Day
10.3.7. Thanksgiving Day and the day after
10.3.8. Christmas Day
11. CAPITAL PROJECTS
11.1. The City routinely has Capital Projects for new facilities and facility remodels.
Vendor will be provided construction documents including building floor plans depicting
structured cabling need. Vendor will be required to submit quotes for services based on the
Vendor Services Agreement – Exhibit A Page 28 of 40
provided construction documents. Example of construction documents is provided in
Exhibit E
11.2. Services to include, but not limited to, are:
11.2.1. Installation of cable pathway;
11.2.2. Installation of frame equipment;
11.2.3. Termination and testing of all cables; and
11.2.4. Installation of wireless access points.
11.3. Vendor is expected to follow all best practice installation techniques per TIA and
Building Industry Consulting Service International (BICSI) standards.
11.4. Vendor is expected to follow installation guidelines set forth in section 7.0
Installation, above.
11.5. Vendor is expected to work within the construction schedule set by General
Contractor of construction project.
11.6. Vendor is expected to have an RCDD for review of drawings.
11.7. Any questions on installation on drop location, closet build-out, etc. must be
approved by City Network Services personnel.
11.8. Submittal response or quote.
11.9. Assumptions:
11.9.1. All wall placement drops represent a 2 cables drop
11.9.2. All floor box drops represent a 4 cables drop
11.9.3. All Wireless Access Points (WAP) drops represent a 1 cable drop
11.9.4. Vendor will install WAPs provided by customer
11.9.5. All WAP placements will be on grid ceiling
11.9.6. IT room should include 2 – 2 post racks with vertical management
11.9.7. Cameras are not included in this response
11.9.8. Response will be used to generate project budgeting
Vendor Services Agreement – Exhibit A Page 29 of 40
11.10. Response should include:
11.10.1. Submitter provided parts list.
11.10.2. Labor hours estimated for completion.
11.10.3. Total price to completion. (Total only, no itemization of parts list or
labor hours.
Vendor Services Agreement – Exhibit B Page 30 of 40
EXHIBIT B
Hardware Specifications
for
Terminations, Face Plates, Patch Panels,
Data Frames, Rack Mounts, and Associated Hardware
In the event that any items specified in this agreement are discontinued or become
unavailable, the parties agree that suitable successor or replacement parts may be used,
provided that such successor parts are functionally equivalent and meet or exceed the
specifications and quality standards of the discontinued products. Substitution part requests
must be submitted to and approved by the City prior to the substitution part being used.
The following voice grade and Category 6 terminations, face plates and associated hardware
shall be used:
Description Manufacturer Part Number Color
2 – Port Wall Plate Panduit CFPL2SY Stainless
4 – Port Wall Plate Panduit CFPL4SY Stainless
1 – Port Wall Phone Plate Panduit KWP6PY Stainless
2 – Port Surface Mount Box Panduit CBX2BL-AY Black
4 – Port Surface Mount Box Panduit CBX4BL-AY Black
RJ45 Cat 6 module Panduit CC688BL Black
The following Category 6 patch panels and associated hardware are to be used:
Description Manufacturer Part Number Color
24 Port Modular Patch Panduit CP24WSBLY Black
48 Port Modular Patch Panduit CP48WSBLY Black
24 Port Patch Panel Panduit CPPK6G24WBL Black
1U Horizontal Cable Panduit NM1/NMF1 Black
2U Horizontal Cable Panduit NM2/NMF2 Black
The following data frames for closet hardware mounting are to be used:
Description Manufacturer Part Number Color
Wall mount cabinet Hoffman EWMS482425 Black
Wall mount cabinet Panduit PZWMC26W Black
19” 42U two post rack Panduit R2P79 Black
19” 42U four post rack Panduit R4P79 Black
Vendor Services Agreement – Exhibit B Page 31 of 40
The following fiber rack mount enclosures and associated hardware are to be used:
Description Manufacturer Part Number Color
LANscape rack mount fiber Corning CCH-01U Black
LANscape rack mount fiber Corning CCH-02U Black
LANscape rack mount fiber Corning CCH-04U Black
LANscape wall mount fiber Corning WCH-02P Black
LANscape wall mount fiber Corning WCH-04P Black
LANscape LC OS1/OS2 Adapter Corning CCH-CP12-A9 Black
LANscape LC OS1/OS2 Adapter Corning CCH-CP24-A9 Black
LANscape LC OM3/OM4 Adapter Corning CCH-CP12-E4 Black
LANscape LC OM3/OM4 Adapter Corning CCH-CP24-E4 Black
UniCam OM3/OM4 LC connector Corning 95-050-99-X Aqua
UniCam Single-mode LC connector Corning 95-200-99 Blue
Opticom rack mount fiber Panduit FRME1U Black
Opticom rack mount fiber Panduit FRME2U Black
Opticom rack mount fiber Panduit FRME4 Black
Opticom wall mount fiber Panduit FWME2 Black
Opticom wall mount fiber Panduit FWME4 Black
High-Density OM3/OM4 LC adapter Panduit FAP12WAQDLCZ Black
Low-Density OM3/OM4 LC adapter Panduit FAP6WAQDLCZ Black
Low-Density OS1/OS2 LC adapter Panduit FAP12WBULCZ Black
OM3/OM4 simplex LC connector Panduit FLCSSCBUY Aqua
Single-mode simplex LC connector Panduit FLCSSCBUY Blue
Vendor Services Agreement – Exhibit C Page 32 of 40
EXHIBIT C
Payment Schedule
The vendor shall provide a quote for work and services as requested by the City. The quote shall
be inclusive of all labor, parts, and any other related costs necessary for the completion of the
requested work.
No work shall commence without prior approval by the City and a Purchase Order being issued.
Upon successful completion of work orders milestones (see Exhibit D) , invoices will be paid Net
30.
Item # Item Description Brand Make/Model # Unit Price UOM
1-1 LABOR, Regular Hours, 8:00 AM to 5:00 PM
Monday - Friday
N/A N/A 55.00 HR
1-2 LABOR, Scheduled After Hours, 5:01 PM to 7:59 AM
Monday - Friday & All Day Weekends/Holidays
N/A N/A 82.00 HR
1-3 LABOR Emergency After Hours N/A N/A 100.00 HR
1-4 Stainless Steel Faceplate, 2 Port PANDUIT CFPL2SY 10.31 EA
1-5 Stainless Steel Faceplate, 4 Port PANDUIT CFPL4SY 10.41 EA
1-6 1 Port Wall Plate PANDUIT KWP6PY 26.31 EA
1-7 Surface Mount Boxes, Elongated, 2 port PANDUIT CBX2BL-AY 4.99 EA
1-8 Surface Mount Boxes, Elongated, 4 port PANDUIT CBX4BL-AY 9.20 EA
1-9 Mini-Com TX6 PLUS UTP RJ45 TG Jack Module PANDUIT CJ688TGBL 9.60 EA
1-10 Wall Mount Cabinet, Hoffman HOFFMAN EWMS482425 1,304.70 EA
1-11 Wall Mount Cabinet, 26RU, 25" Depth, Windowed Door,
Black
Panduit PZWMC26W 1,373.31 EA
1-12 2-Post Rack, 45RU, #12-24 Threaded E-Rails, Aluminum,
Black
PANDUIT R2P 230.84 EA
1-13 4-Post Rack, 45RU, 30 in. Deep, #12-24 Threaded E-Rails,
Black
PANDUIT R4P 1,579.55 EA
1-14 Single-Sided Shelf; For 19" Rack; 5.19" H (131.8 mm) x
15"D (381 mm); Non-Vented; Black
Chatsworth 40074-700 142.78 EA
1-15 LANscape Rack Mount Fiber Enclosure CORNING CCH-01U 265.40 EA
1-16 LANscape Rack Mount Fiber Enclosure CORNING CCH-02U 328.07 EA
1-17 LANscape Rack Mount Fiber Enclosure CORNING CCH-04U 418.04 EA
1-18 LANscape Wall Mount Fiber Enclosure CORNING WCH-02P 131.48 EA
1-19 LANscape Wall Mount Fiber Enclosure CORNING WCH-04P 233.34 EA
1-20 LANscape LC OS1/0S2 Adapter CORNING CCH-CP12-A9 114.43 EA
1-21 LANscape LC 0S1/0S2 Adapter CORNING CCH-CP24-A9 239.08 EA
1-22 LANscape LC OM4/0M4 Adapter CORNING CCH-CP12-E4 98.81 EA
1-23 LANscape LC OM4/0M4 Adapter CORNING CCH-CP24-E4 182.74 EA
1-24 UniCam OM3/0M4 LC connector CORNING 95-050-99-X 14.83 EA
1-25 UniCam Single Mode LC connector CORNING 95-200-99 17.68 EA
1-26 Rack Mount Enclosure, Black, 1 RU, 4 FAP/Cassette Slots Panduit FCE1U 336.21 EA
1-27 Rack Mount Enclosure, Black, 2 RU, 8 FAP/Cassette Slots Panduit FCE2U 452.00 EA
1-28 Rack Mount Enclosure, Black, 4 RU, 12 FAP/Cassette Slots Panduit FCE4U 526.73 EA
1-29 Wall Mount Fiber Enclosure, Black, 2 FAP/Cassette Slots PANDUIT FWME2 106.74 EA
Vendor Services Agreement – Exhibit C Page 33 of 40
1-30 Wall Mount Fiber Enclosure, Black, 4 FAP/Cassette Slots PANDUIT FWME4 238.65 EA
1-31 Fiber Adapter Panel (FAP), OS2, 6 LC Duplex, Blue (BU),
Zirconia
PANDUIT FAP6WBUDLCZ 106.20 EA
1-32 Fiber Adapter Panel (FAP), OS2, 12 LC Duplex, Blue (BU),
Zirconia
PANDUIT FAP12WBUDLCZ 191.15 EA
1-33 Fiber Adapter Panel (FAP), OM4, 6 LC Duplex, Aqua (AQ),
Zirconia
PANDUIT FAP6WAQDLCZ 127.44 EA
1-34 Fiber Adapter Panel (FAP), OM4, 12 LC Duplex, Aqua (AQ),
Zirconia
PANDUIT FAP12WAQDLCZ 229.39 EA
1-35 LC Simplex Connector, OM3/0M4 PANDUIT FLCSMCXAQY 21.78 EA
1-36 Single Mode LC Simplex Connector PANDUIT FLCSSCBUY 20.60 EA
1-37 Certified Cat 6 28 AWG UTP Copper Patch Cord, 3 ft, Blue
w/ hood
PANDUIT UTP28SP3BU 8.70 EA
1-38 Certified Cat 6 28 AWG UTP Copper Patch Cord, 5 ft, Blue
w/ hood
PANDUIT UTP28SP5BU 9.46 EA
1-39 Certified Cat 6 28 AWG UTP Copper Patch Cord, 7 ft, Blue
w/ hood
PANDUIT UTP28SP7BU 10.19 EA
1-40 Certified Cat 6 28 AWG UTP Copper Patch Cord, 10 ft, Blue
w/ hood
PANDUIT UTP28SP10BU 13.49 EA
1-41 Certified Cat 6 28 AWG UTP Copper Patch Cord, 25 ft, Blue
w/ hood
PANDUIT UTP28SP25BU 16.90 EA
1-42 Plenum 1 1/2 Inner Duct ABB CARLON CH4X1C 7.38 FT
1-43 OS2 Single Mode Fiber 12 Strand Plenum CORNING 012E88-33131-A3 1.70 FT
1-44 OS2 Single Mode Fiber 12 Strand Riser CORNING 012E81-33131-A1 1.86 FT
1-45 OS2 Single Mode Fiber 24 Strand Plenum CORNING 024E88-33131-A3 3.12 FT
1-46 OS2 Single Mode Fiber 24 Strand Riser CORNING 024E81-33131-A1 2.91 FT
1-47 OM4 Multi Mode Fiber 12 Strand Plenum CORNING 012T88-33190-A3 2.95 FT
1-48 OM4 Multi Mode Fiber 12 Strand Riser CORNING 012T81-33190-A1 3.15 FT
1-49 OM4 Multi Mode Fiber 24 Strand Plenum CORNING 024T88-33190-A3 5.24 FT
1-50 OM4 Multi Mode Fiber 24 Strand Riser CORNING 024T81-33190-A1 5.53 FT
1-51 OS2 Single-Mode Fiber 12 Strand Plenum Indoor/Outdoor CORNING 012E8P-31131-29 1.06 FT
1-52 OS2 Single-Mode Fiber 12 Strand Riser Indoor/Outdoor CORNING 012E8F-31131-29 1.00 FT
1-53 OS2 Single-Mode Fiber 24 Strand Plenum Indoor/Outdoor CORNING 024E8P-31131-29 2.62 FT
1-54 OS2 Single-Mode Fiber 24 Strand Riser Indoor/Outdoor CORNING 024E8F-31131-29 2.35 FT
1-55 CAT 6 Data Cabling, Plenum PRYSMIAN 7131900 0.55 FT
1-56 CAT 6 Data Cabling, Riser PRYSMIAN 7133900 0.31 FT
Vendor Services Agreement – Exhibit D Page 34 of 40
EXHIBIT D
Milestone Acceptance Form
(Attached)
MILESTONE ACCEPTANCE FORM
Services Delivered: ____________________________________________
Milestone / Deliverable Ref. #: ____________________________________________
Milestone / Deliverable Name: ____________________________________________
Unit Testing Completion Date: ____________________________________________
Milestone / Deliverable Target Completion Date: ______________________________
Milestone / Deliverable Actual Completion Date: ______________________________
Approval Date: ______________________________
Comments (if needed):
____________________________________________________________________________________
Approved by Vendor: Approved by City Department Director:
Signature: Signature:
Printed Name: Printed Name:
Title: Title:
Date: Date:
For Director Use Only
Contracted Payment Amount:
Adjustments, including
penalties:
Approved Payment Amount:
Vendor Services Agreement – Exhibit E Page 35 of 40
EXHIBIT E
Capital Project Example “Construction Documents”
(Attached)
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Vendor Services Agreement – Exhibit F Page 36 of 40
EXHIBIT F
Authorized Signature and Contact Details
(Attached)
FORT WORTH CITY OF FORT WORTH - PURCHASING DIVISION
�y�� AUTHORIZED SIGNATURE AND CONTACT DETAILS
RFP Ref. #: 25- 0056 Doc. Ref#: RFP-03 Page 1 of 1
RFP Title: Structured Cabling
Legal Name of Proposer:
D/B/A Name of Proposer:
Superior Fiber & Data Services, Inc.
City of Fort Worth Bidder/Supplied Id or Federal Id Number (TIN): �5-2754261
Address: 1711 Briercroft Ct. Suite 154 Carrollton, TX 75006
Name of the Authorized Representative: Steve Barnes
Title: Vice President
The undersigned, by his/her signature, represents that he/she is submitting a binding
Proposal and is authorized to bind the respondent to fully comply with the
solicitation document contained herein. The Respondent, by submitting and signing
below, acknowledges that he/she has received and read the entire document packet
for this RFP and agrees to be bound by the terms therein.
The undersigned agrees if the Proposal is accepted, to furnish any and all items
andlor services upon which prices are offered, at the price(s) and upon the terms,
conditions, and scope/specifications contained in this P.
Signature of the Authorized Representative:
Email: sbarnes aC�sfdcabling.com Phone: 972-245-6014
Name of Contact Person - 1: Sarah Vega
Title of Contact Person - 1: Office Admin.
Email: assistantC�sfdcabling_com
Name of Contact Person - 2: McKenzie Fuller
Title of Contact Person - 2: CFO
Email: kfuller�sfdcabling.com
Name of Contact Person - 3:
Title of Contact Person - 3:
Phone: 972-245-6014
Phone: 972-245-6014
Email: Phone:
Vendor Services Agreement – Exhibit G Page 37 of 40
EXHIBIT G
Network Access Agreement
This Network Access Agreement (“Access Agreement”) is made and entered into by and
between the City of Fort Worth (“City”), a home rule municipal corporation with its principal
location at 100 Fort Worth Trail, Fort Worth, Texas 76102, organized under the laws of the State
of Texas and Superior Fiber & Data Services, Inc. (“Vendor”), a Texas corporation.
1. The Network. The City owns and operates a computing environment and network
(collectively the “Network”). Vendor wishes to access the City’s Network in order to provide
services as described in the Vendor Services Agreement. In order to provide the necessary support,
Vendor needs access to various City systems as it pertains to the services agreed upon in the
aforementioned Vendor Services Agreement.
2. Grant of Limited Access. Vendor is hereby granted a limited right of access to the
City's Network for the sole purpose of providing provided services as described in the Vendor
Services Agreement. Such access is granted subject to the terms and conditions forth in this Access
Agreement and applicable provisions of the City's Administrative Regulation D-7 (Electronic
Communications Resource Use Policy), of which such applicable provisions are hereby
incorporated by reference and made a part of this Access Agreement for all purposes herein and
are available upon request.
3. Network Credentials.The City will provide Vendor with Network Credentials
consisting of user IDs and passwords unique to each individual requiring Network access on behalf
of the Vendor. If this access is being granted for purposes of completing services for the City
pursuant to a separate contract, then, this Access Agreement will expire at the completion of the
contracted services, or upon termination of the contracted services, whichever occurs first.
Otherwise, access rights will automatically expire one (1) year from the date of this Access
Agreement (“Expiration Date”).
Services are being provided in accordance with City Secretary Contract No. ________.
(“Agreement”)
Services are being provided in accordance with City of Fort Worth PeopleSoft Contract
No. ______. (“PSK #”)
Services are being provided in accordance with the Vendor Services Agreement to which
this Access Agreement is attached. (“Agreement”)
Services are being provided without a City Secretary Contract at no cost to the City
No services are being provided pursuant to this Access Agreement
4. Renewal. This Access Agreement shall renew in accordance with the term of the
Contract or PSK #. If there is no Contract or PSK #, this Access Agreement may be renewed
annually by City, in its sole discretion, at the end of the Expiration Date and each renewal term
thereafter.
Vendor Services Agreement – Exhibit G Page 38 of 40
Notwithstanding the scheduled contract expiration or the status of completion of services,
Vendor shall provide the City with a current list of officers, agents, servants, employees or
representatives that require Network credentials on an annual basis. Failure to adhere to this
requirement may result in denial of access to the Network and/or termination of this Access
Agreement.
5. Network Restrictions. Vendor officers, agents, servants, employees or
representatives may not share the City-assigned user IDs and passwords. Vendor acknowledges,
agrees and hereby gives its authorization to the City to monitor Vendor's use of the City's Network
in order to ensure Vendor's compliance with this Access Agreement. A breach by Vendor, its
officers, agents, servants, employees or representatives, of this Access Agreement and any other
written instructions or guidelines that the City provides to Vendor pursuant to this Access
Agreement shall be grounds for the City immediately to deny Vendor access to the Network and
Vendor's Data, terminate the Access Agreement, and pursue any other remedies that the City may
have under this Access Agreement or at law or in equity.
6. Termination. In addition to the other rights of termination set forth herein, the City
may terminate this Access Agreement at any time and for any reason with or without notice, and
without penalty to the City. Upon termination of this Access Agreement, Vendor agrees to remove
entirely any client or communications software provided by the City from all computing equipment
used and owned by the Vendor, its officers, agents, servants, employees and/or representatives to
access the City’s Network.
7. Information Security. Vendor agrees to make every reasonable effort in
accordance with accepted security practices to protect the Network credentials and access methods
provided by the City from unauthorized disclosure and use. Vendor agrees to notify the City
immediately upon discovery of a breach or threat of breach which could compromise the integrity
of the City’s Network, including but not limited to, theft of Vendor-owned equipment that contains
City-provided access software, termination or resignation of officers, agents, servants, employees
or representatives with access to City-provided Network credentials, and unauthorized use or
sharing of Network credentials.
8. LIABILITY AND INDEMNIFICATION. VENDOR SHALL BE LIABLE
AND RESPONSIBLE FOR ALL DAMAGES THAT THE CITY MAY INCUR DIRECTLY
ON ACCOUNT OF ANY BREACH OF THIS ACCESS AGREEMENT BY VENDOR, ITS
OFFICERS, AGENTS, SERVANTS OR EMPLOYEES. THE CITY, ITS OFFICERS,
AGENTS, SERVANTS AND EMPLOYEES, SHALL NOT BE LIABLE FOR ANY
DAMAGES THAT VENDORMAY INCUR AS A RESULT OF THE CITY'S
RESTRICTIONS TO OR DENIAL OF ACCESS TO VENDOR 'S DATA ON ACCOUNT OF
ANY BREACH OF THIS ACCESS AGREEMENT BY VENDOR, ITS OFFICERS,
AGENTS, SERVANTS OR EMPLOYEES, OR FOR ANY REASONABLE SECURITY
MEASURES TAKEN BY THE CITY. IN ADDITION, VENDORSHALL BE LIABLE AND
RESPONSIBLE FOR ANY AND ALL PROPERTY LOSS, PROPERTY DAMAGE
AND/OR PERSONAL INJURY, INCLUDING DEATH, AND ALL CLAIMS, DEMANDS
AND JUDGMENTS THEREFOR, TO THE EXTENT CAUSED BY THE NEGLIGENT
ACT(S) OR OMISSION(S) OR INTENTIONAL MISCONDUCT OF VENDOR, ITS
Vendor Services Agreement – Exhibit G Page 39 of 40
OFFICERS, AGENTS, SERVANTS AND/OR EMPLOYEES. VENDOR, AT VENDOR 'S
OWN COST OR EXPENSE, HEREBY AGREES TO INDEMNIFY, DEFEND AND HOLD
HARMLESS THE CITY, ITS OFFICERS, AGENTS, SERVANTS AND/OR EMPLOYEES
FROM AND AGAINST ANY CLAIM, LAWSUIT, DEMAND OR OTHER ACTION TO
THE EXTENT THAT THE SAME ARISES FROM THE NEGLIGENT ACT(S) OR
OMISSION(S) OR INTENTIONAL MISCONDUCT OF VENDOR, ITS OFFICERS,
AGENTS, SERVANTS OR EMPLOYEES.
9. Confidential Information. Vendor, for itself and its officers, agents, employees,
and representatives, agrees that it shall treat all information provided to it by the City as
confidential and shall not disclose any such information to a third party without the prior written
approval of the City. Vendor further agrees that it shall store and maintain City Information in a
secure manner and shall not allow unauthorized users to access, modify, delete or otherwise corrupt
City Information in any way. Vendor shall notify the City immediately if the security or integrity
of any City information has been compromised or is believed to have been compromised.
10. Right to Audit.Vendor agrees that the City shall, during the initial term, any
renewal terms, and until the expiration of three (3) years after termination or expiration of this
contract, have access to and the right to examine at reasonable times any directly pertinent books,
data, documents, papers and records, both hard copy and electronic, of the Vendor involving
transactions relating to this Access Agreement. Vendor agrees that the City shall have access
during normal working hours to all necessary Vendor facilities and shall be provided adequate and
appropriate work space in order to conduct audits in compliance with the provisions of this
section. The City shall give Vendor reasonable advance notice of intended audits. Vendor further
agrees to include in all its subcontractor agreements hereunder a provision to the effect that the
subcontractor agrees that the City shall, during the initial term, any renewal terms, and until
expiration of three (3) years after termination or expiration of the subcontract, have access to and
the right to examine at reasonable times any directly pertinent books, data, documents, papers and
records, both hard copy and electronic, of such subcontractor involving transactions related to the
subcontract, and further that City shall have access during normal working hours to all
subcontractor facilities and shall be provided adequate and appropriate work space in order to
conduct audits in compliance with the provisions of this paragraph. City shall give subcontractor
reasonable notice of intended audits.
11. Agreement Cumulative.This Access Agreement is cumulative of and in addition
to any written contracts, agreements, understandings or acknowledgments with the City signed by
Vendor. This Access Agreement and any other documents incorporated herein by reference
constitute the entire understanding and Access Agreement between the City and Vendor as to the
matters contained herein regarding Vendor's access to and use of the City's Network.
12. Amendments.The terms of this Access Agreement shall not be waived, altered,
modified, supplemented, or amended in any manner except by written instrument signed by an
authorized representative of both the City and Vendor.
Vendor Services Agreement – Exhibit G Page 40 of 40
13. Assignment. Vendor may not assign or in any way transfer any of its interest in this
Access Agreement. Any attempted assignment or transfer of all or any part hereof shall be null and
void.
14. Severability.If any provision of this Access Agreement is held to be invalid, illegal
or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in
any way be affected or impaired.
15. Force Majeure.Each party shall exercise its best efforts to meet its respective
duties and obligations as set forth in this Access Agreement, but shall not be held liable for any
delay or omission in performance due to force majeure or other causes beyond their reasonable
control (force majeure), 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, material or labor restrictions by any governmental authority, transportation
problems and/or any other similar causes.
16. Governing Law / Venue. This Access Agreement shall 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 on the basis of this Access Agreement, venue for such action shall lie in state courts located
in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort
Worth Division.
17. Signature Authority. By affixing a signature below, the person signing this Access
Agreement hereby warrants that he/she has the legal authority to bind the respective party to the
terms and conditions in this Access Agreement and to execute this Access 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. The other party is fully entitled to rely on this
warranty and representation in entering into this Access Agreement.
7/10/25, 3:55 PM
CITY COUNCIL AGENDA
Create New From This M8�C
DATE: 6/10/2025 REFERENCE
NO..
M&C Review
**M&C 25- LOG NAME:
0507
F� RT �'�0 RT I I
-�~-
13PRFP 25-0056
STRUCTURED CABLING
EC ITS
CODE: G TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: (ALL) Authorize the Execution of Non-Exclusive Agreements with Superior Fiber & Data
Services, Inc. and Able Communications, Inc. to Provide Structured Cabling Materials and
Services in a Combined Annual Amount Up to $1,500,000.00 for the Initial Term and
Authorize Four One-Year Renewal Options for the Same Annual Amount for the
Information Technology Solutions Department (2022 Bond Program)
RECOMMENDATION:
It is recommended that the City Council authorize the execution of non-exclusive agreements with
Superior Fiber & Data Services, Inc. and Able Communications, Inc. to provide structured cabling
materials and services in a combined annual amount up to $1,500,000.00 for the initial term and
authorize four one-year renewal options for the same annual amount for the Information Technology
Solutions Department.
DISCUSSION:
The purpose of this Mayor & Council Communication (M&C) is to authorize the execution of annual
agreements with Superior Fiber and Data Services, Inc. and Able Communications, Inc. to
provide structured cabling materials, such as fiber optic cable, wall plates, mounting boxes, etc. and
installation services for the Information Technology Solutions (ITS) Department. These products and
services will be used to upgrade existing fiber optic data and voice transmission cabling to current
generation technology and to provide fiber optic cabling where it is not currently in place.
The Request for Proposal (RFP) was advertised in the Fort Worth Star-Telegram on January 8, 2025,
January 15, 2025, January 22, 2025, and January 29, 2025. The City received seven (7) responses.
AAA Data Communications, Inc. does not possess the necessary Manufacturer Certification required
by the solicitation and was therefore deemed non-responsive.
An evaluation panel consisting of inembers of the ITS Department and the Water Department
reviewed 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:
To propose Evaluation Factors Total Rank
a b c d
Superior Fiber and Data
Services, Inc.
Able Communications, Inc.
Network Cabling Services, Inc.
Real Network Services, Inc.
FlexSolv Networks, Inc.
36.00 24.00 8.50 15.53 84.03 1
32.00 24.00 9.00 17.95 82.95 2
32.00 22.50 8.50 18.31 81.31 3
32.00 22.50 4.50 20.00 79.00 4
22.00 18.00 4.50 11.85 56.35 5
Lynk Automation, LLC 10.00 16.50 4.50 * * *
* Lynk Automation, LLC failed to achieve 50\% of the technical points (minimum of 40 required)
required to proceed and did not receive cost of service points, a total score, or a ranking.
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Best Value Criteria:
a) Manufacturer Certifications
M&C Review
b) Government/Educational/Medical Experience and References
c) Financial Stability and Ability to Obtain Insurance and Bonding
d) Cost of Services
After evaluation, the panel concluded that Superior Fiber and Data Services, Inc. and Able
Communications, Inc. presented the best value to the City. Therefore, the panel recommends that
City Council authorize non-exclusive agreements with Superior Fiber and Data Services, Inc. and
Able Communications, Inc. No guarantee was made that a specific amount of these services would
be purchased. Staff certifies that the recommended vendors' bids met specifications
This project is included in the 2022 Bond Program. The City's Extendable Commercial Paper (ECP)
(M&C 22-0607; Ordinance 25675-08-2022) provides liquidity to support the appropriation. Available
resources will be used to actually make any interim progress payments until debt is issued. Once
debt associated with a project is sold, debt proceeds will reimburse the interim financing source in
accordance with the statement expressing official Intent to Reimburse that was adopted as part of the
ordinance canvassing the bond election (Ordinance 25515-05-2022).
FUNDING: The maximum amount allowed under this agreement will be up to $1,500,000.00;
however, the actual amount used will be based on the needs of the department and available budget.
Funding is budgeted in the 2018 Bond Program, 2022 Bond Program and the ITS Capital Funds for
the ITS Department.
DVIN-BE: The Business Equity Division placed a 9.2\% business equity goal on this
solicitation/contract.
Able Communications, Inc. 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.
Superior Fiber & Data Services, Inc. will be exceeding the goal at 40\% 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.
ADMINISTRATIVE CHANGE ORDER: An administrative change order or increase may be made by
the City Manager up to the amount allowed by relevant law and the Fort Worth City Code and does
not require specific City Council approval as long as sufficient funds have been appropriated.
AGREEMENT TERMS: Upon City Council approval this agreement shall begin upon execution and
expire one year from that date.
RENEWAL TERMS: This agreement may be renewed for up to four (4) additional, one-year terms.
This action does not require specific City Council approval provided the City Council has appropriated
sufficient funds to satisfy the City's obligations during the renewal term.
These projects will serveALL COUNCIL DISTRICTS.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that funds are available in the current capital budget, as previously
appropriated, in the 2018 Bond Program Fund for the Northwest Community Center project, ITS
Capital Fund for the FY25 Network Refresh project and 2022 Bond Program Fund for the 2022 Bond
Fire Station CC and PD Northwest Patrol Division projects to support the approval of the above
recommendation and award of the contracts. Prior to any expenditure being incurred, the
Information Technology Solutions Department has the responsibility to validate the availability of
funds.
BQN\\
TO
�Fund Department Account Project Program Activity Budget Reference # Amount
ID ID I I Year (Chartfield 2)
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M&C Review
FROM
Fund Department Account Project Program Activity Budget Reference # Amount
ID ID Year (Chartfield 2)
Submitted for City Manager's Office by_
Originating Department Head:
Additional Information Contact:
Reginald Zeno (8517)
Dianna Giordano (7783)
Reginald Zeno (8517)
Kevin Gunn (2015)
Brandy Hazel (8087)
Eugene Chandler (2057)
ATTACHMENTS
1295 Form Superior Fiber & Data, Inc..pdf (CFW Internal)
13PRFP 25-0056 STRUCTURED CABLING EC ITS funds avail.pdf (CFW Internal)
25-0056 (RFP Restructured Cabling)CM-NS.pdf (CFW Internal)
ABLE Communications, Inc. SOS.pdf (CFW Internal)
FID Table RFP Structured Cabling.xlsx (CFW Internal)
Form 1295 Certificate 2025-1285982 RFP 25-0056 executed byABLe.pdf (CFW Internal)
SAM.gov Superior Fiber & Data Services, Inc..pdf (CFW Internal)
SAM.govABle Communications, Inc..pdf (CFW Internal)
Superior Fiber & Data Services, Inc. SOS.pdf (CFW Internal)
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