HomeMy WebLinkAboutContract 58554-R3CSC No. 58554-R3 CITY OF FORT WORTH
CONTRACT RENEWAL NOTICE Coy L. Beauchamp Arenas LLC Attn: Brandi Hawkins PO Box 470732 Fort Worth, TX 76147 October 15, 2025 Re: Contract Renewal Notice Contract No. CSC No. 58554 (the "Contract") Renewal Term No.3: December 6, 2025 to December 5, 2026 The above referenced Contract with the City of Fort Worth expires on December 5, 2025 (the "Expiration Date"). Pursuant to the terms Contract, the Contract may be renewed by the mutual consent of the parties for up to five one-year renewal terms. This letter will memorialize the collective desire of the parties to renew the Contract for its second renewal term, which will begin immediately after the Expiration Date. All other terms and conditions of the Contract remain unchanged. Please return this signed acknowledgement letter to the address set forth below
acknowledging receipt of the Contract Renewal Notice. Please log onto PeopleSoft Purchasing at http://fortworthtexas.gov/purchasing to ensure that your company information is correct and up-to-date. If you have any questions concerning this Contract Renewal Notice, please contact me at the telephone number listed below. Contract Renewal Sincerely, Allison McNamara, Assistant Director-General Manager City of Fort Worth Public Events 817-392-5982 Page 1 of2
ACCEPTED AND AGREED:
CITY OF FORT WORTH
By:
Name: Jesica McEachem
Title: Assistant City Manager
Date: 10/20/2025
APPROVAL RECOMMENDED:
� By: Michael Crum (Oct 17, 2025 09:08:34 CDT)
Name: Michael Crum
Title: Director-Public Events
ATTEST:
By:
Name: Jannette Goodall
Title: City Secretary
Coy Beauchamp Arenas, LLC
By: ia. WF !Os�l6;3Q36183i36CWl Name: Brandi Hawkins
Title: Owner
Date: 10/16/2025
Contract Renewal
CONTRACT COMPLIANCE MANAGER:
By signing I acknowledge that I am the person
responsible for the monitoring and administration of
this contract, including ensuring all performance and
reporting requirements.
6
By:
Name: Allison McNamara
Title: Assistant Director -General Manager
APPROVED AS TO FORM AND LEGALITY:
By:
Name: Taylor C. Paris
Title: Assistant City Attorney
CONTRACT AUTHORIZATION:
M&C: NIA
Page 2 of2
CSC N o. 58554
�RT �RTH�
VENDQR SERVICES AGREEMENT
T"his VENDQR SERVICES AGREEMENT ("Agreement") is made and enEered into by and
between the CITY UF FORT WQRTH ("City"), a Texas home rulc municipal corporation, acting by and
thrc�ugh it5 duly authoriz.ed ,Fl.ssistant City Manager, and Coy L. Acauchamp �renas, LI.,C {°`Vendor"), a
Texas Limited Liability Company (LLC) and acting by and through its duly authorized representative, eaeh
individually referred tE� as a"paMy" and collect�vely referred to as the "parties."
1. 5cope of Se�-vices. Vendor will pr��ide Dirt WUrk servic�s ("Services"), which are set
forth in mqre de#ail in E�chibit "A," attached hereto and incorporated herein for all pur�oses.
2. Term. The initial term of this �greement is for �ne year(s), beginning on the date that
this Agric.ment is executed by the City's Assistant City Manager ("Effective 17ate"}, unless terminated
earlier in accordanee with this Agreement ("Initial Tenn"). City will k�avc the optian, in its solc discretion,
to renew this Agreement under the same terms and conditic�ns, for up to �ve one-year renewal option(s)
{�ach a "Renewal Term"}.
3. Compensation.
3.1 Total com�ensation under this 1lgreement will not cxeeed an annual amount of
Eight hundred ninety-five thousand Dollars and Zero Cents ($895,OOQAO}.
3.2 Ciry will pay Vendor in accordazxce with the Prompt Payment Elct (Chaptc;r 2?51
of the Texas Government Code) and provisions �f this Agreement, in�Iuding Exhibit `B,"
which is attached hereto and incarpQrated herein for all purposes.
3.3 Vendor will not perform any additi€�nal services or bill for expenses incurrcd f�r
City not specified by this Agreement unless City reyuests and appr��es in writing the
additional costs for such services. City will not bz liable f�r any additional expenses of
Vendor n�t speci�ed by this Agrecment unless City tirst appro�cs such expenses in
writing.
4. Termination.
4.1. Written Notice. City or Vendor may terrninate this Agreement at any time and fc3r
any reasan hy providing the c�ther party with 3� days' written nt�tice �f termination.
4.2 Non-apbropriati�n of Punds. In the event na fiands ar insuflicicnt funds are
appropriated by City in any fiscal period for ar�y payments due hercund�r, City will n�tify Vtndor
of such occurrenee and this Agreemenf will terminate on the last day of the fiscal period ic�r which
appropriations were rec�ived withou# penaity ar expc:nse to City of any kind whatsc�e�er, except as
to the partions of the payments herein agreed upon for whieh funds havU becn appropriated.
OFFICIAL RECORD
Vendor Sen�ices rlr�reeinent CITY SECRETARY ?age 1 of 14
��.I.1 (March 29. 202I) FT. WORTH, TX
4.3 I7uties and 0�1i�ations �f the Parties_ In thc event that this Agreement is
terminated prior to the l�xpiration Date, City will pay Vendor for s�rvices actualty rendered up to
thc: ei�eetive date of termination and Vendor will continue tc� provide City with services requested
by City and in aceordance with this Agreement up to the effective date of termination. [lpon
terrnination of this Agreernent for any reasan, Vcndor will provide City with copies of all
completed or partially completed documcnts prepared under this tl.greement. In the e�ent Vendor
has reeei�cd acccss to City Information or data as a requirement to pertorm serviees hereunder,
Vendar will return all City provided data to Cit�y in a maehine readable format or othex� farmat
deemed acceptable to Ciry.
5. Disc�osure of Conilicts and Con�dential Informatiou.
5. ] �)isclosure of Conflicts. Vendor hereby warrants to City that Vendor has made full
disclosure in writing c�f any existing ar patential conflicts of interest retated to Vendar's services
under this Agreement. In the event that any c�nflicts of intere�t tu-ise after the Effecti�e Date of khis
Agreement, Vendor hereby agrees immediately to rnake full diselosure to City in writing.
S.? Confidential Inforrnation. Vendar, f�r itsClf and its officers, agents and employ�es,
agrees that it will tr�at all information pra�ided to it by City ("City Inforcnation") as contidential
and will not c�isclose any such informatian ta a third party witho�it the priar written approval of
City.
5.3 Public Information Ac#. City is a governm�nt entity under the laws of the State of
T'exas and all doeuments held or maintained by City are su�ject to diselosure under the 'I�cxas 1'ublic
L�fc�rmation Act. In the event ther� is a request for information marked Confidential or Proprietary,
City will promptly natify Vc.ndor. It will be the responsibility of Vendc�r t� submit reasons objectin�;
to disciosure. A determination on whether such reasons are sufficient will not bc decided by City,
but by the �ffiee �f the Attarney Cieneral of the State of Texas or hy a c:ourt of ec�mpe#ent
_jurisdiction.
5.4 I]nauthorized Elecess. Vendar must store and maintain City Informatiqn in a secure
manner and wili not allow unauthorized users to aecess, modify, delet.�; or �therwise corrupt City
Information in any way. Vendor must notify Ciiy immediately if the security or integriry of any
City Information has been compromised c�r is belicvcd to have been campromised, in which event,
Vendor will, in gUod f�i�h, us4 a11 commcrcially reasonable efforts ta caoperatr. with City in
identifying what informatian has been accessed by unauthorized means and will fully cooperate
with City to prateet such City Information from furthcr unauihorized disclosure.
fi. Ri�ht to Audit. Vendor agxees that City will, until the expiration of three {3) years after
final payment under this Agreement, or the final conclusion of any audit commenc�d durin� the said thrce
ycars, ha�e access to and the right ta examine at reasonable times any dircetly pertinent �c�oks, documents,
papers and recards, including, but nat limited to, all etectronic records, of Vendar in�+oI�ing transactions
relating to this Agreement at no additi�nal cost to City. Vendor agrees that City will have aceess during
normal working hours ta all necessary V�.ndor facilities and wal) be provided adequate and appropriaCe w�rk
�pace in c�rder to conduct audits in compliance with the provisions of this section. City will give Vcndar
reasc�nable advance notice of intended audits.
7. Indenendent Contractor. IC is expressiy understood ana a�rec.d that Vendar will operate
as an ind�pendent c:ontractc�r as to all rights and priviieges and work perforcned under this Agreem�;nC, and
Vendor Servic�s Agseement Page Z of 14
v.l.l (tvtarch �4, ZOZ1)
nat as agent, representative 4r employec; of City. Subject to and in accc�rdance with the c�>nditions and
pravisi�ns of this Agreement, Ve.ndor will have the exclusi�e right to contral the details of its operaticros
and aetivities and be sotely responsibl�; for the acts and omissions of iCs offieers, agents, servants,
employees, Vendors, and subcontractc�rs. Vend�r acknowledges that [hc doctrine of re,rponder�t si��erinr
will n�t apply as between City, ifis �fficers, agents, servants and employees, and Vendor, its officers, agents,
ernployees, servants, contract�rs, and subcontractors. Vendor further agrees that n�thing herein wiil be
consirued as the creation of a partnership or joint enterprise bctween City and Vendar. It is further
understaoci that City will in no way be considered a Co-employer or a Joint employer of Vendor or any
officers, agents, serva�..nts, empiayees, e�ntractors, or subcontractors. Neither Vendor, nor any offic�rs,
agents, servants, employees, contractors, or subc�ntractors af Vend�r will be enCitled to any employment
benefits frorn City. Vendor will be responsible and liable for any and all payment and reporting of taxes an
behalf of itself, and any of its officers, agents, ser�ants, empioyees, or contraetors.
Liabilit�and Indemnificatiun.
8.1 LIABILITY - T�END�R WILL BE LIASLE AND RESP()NSII3LE FOR ANY
AND ALL PROPERTY LOSS', PROPERTY DAMAGE AND PER.S�NAL IN.TUR�',
INCLII�ING, INCLUDING, BUT NOT LIMITED TO, DEATH, TO ANY AND ALL
PERSONS, ()FANYKIND 4R CHARACTER, WHETHER REAL (�R ASSERTED, T(J 7'HE
E.�TENT CAUSED BY THE NE'GLIGENT ACT(S) OR OMISSI�N(S), MALFEASANC'E OR
XNTE.NTIDNAL MISCQNDUCT QF VEIVDOR, ITS OFFICERS, REPRESENTATIYES,
AGENTS, S�RYANTS, EMPL4YEES, CONTRACTQRS, OR SC7BCONTRACT4RS
R.2 GENERAL INDEMNIFIeATIQN - VENDOR HEREBY COV'E�VANTS AND
AGREES Td 1NDEMNIFF, HDLD HA.81YfLESS, AND DEFEND C'ITY, ITS DFFICERS,
AGEIVTS, REPI2ESENTATIYES, SERVANTS, AND EMPLDYEES, FROMAND AGAINST
ANY AND ALL �ZAIMS OR LA WSUITS 4F ANY KIND QR CHARA+�'TER, WHETHER
REAL OR ASSERTED, FOR EIThiER PROPER7'F DAMAGE OR LQSS {IN�ZUDING
ALL��ED DAMAGE OR L�SS TD VEtVD�R'S BUS�IVESS AND ANY RESULTING LOST
PROFITSj AND PERSONAL INJURY, INCLU�ING, BUT NOT LIMITED TD, DEAT�C, T4
ANY AND ALL PERSO�S, ARISING OIIT AF O1R IN CONNECTION WITH THIS
AGREE�YfENT, Td THF. EXTENT CAUSED BY THE NEGLIG,ENT ACTS Di� DMISSI4NS
OR MALFEASANCE OF VENDOR, ITS dFFICERS, AGENTS, REPRSENTATITjES,
SER i�ANTS, EMPLOYEES, CONTRACT4R�', 4R SUBCONTRACTQRS:
8.3 �`NTELLECT(IAL PROPERTY INDL�'MNl'FICATION — Vendor agrees to
defend, set#le, or pay, at its own �ost and expeose, any claim or aetion against City for
infringeroent of any patent, copyright, trade mark, trade secret, or similar property right
arising from City's use af the software or documentation in accordance with this Agreement,
it being understood that this agreement to defend, settle or pay wilt nof appiy if City modifies
or misuses the software and/or documentatiQn. So long as Vendor bears the cast and expense
of payment for claims or actions against City pursuant ta this section, VeBdQr will have the
right ta conduct the defense oiany such elaim or acfion and a11 negotiatioos for its settlement
or compromise and to settle or eompronnise aay such elaim; however, City will ha�e the right
to fully participate in any and all such settlement, negatiatious, or lawsui# as necessary to
protect C�ty's interest, and City agrees to euoperate with Vendor in doing so. In the event
City, for whatever reasan, assumes the responsibility for payment of costs and expenses for
any claim or action braught against City for i�fringement arising uader tbis Agreement, City
will have the sole right io conduct the defense of a�y su�t� �l�im or actian and aU negotiations
fpr its settlement or compromise and to settle or compromise any such claim; however,
Vendor Services .AgecrnenT Page 3 of 14
v.l.l (March 29. 202i)
VendQr will fully participate and caoperate with City in defense of such elaim or action.
City agrees to give Vendor timely written notice of any sueh clairra ar actian, with copies of
all papers City may receive relating thereto. Notwithstanding the foregaing, City's
assumption of payment of costs or expenses will not etiminate Vendor's duty to indemnify
City under t�is Agreemeat. Ii the suftware and/ar documentation or any part thereaf is held
ta infringe and the use thereof is enjoined or restrained or, ii as a result of a seltlement nr
evmprumise, such use is materially adversely restricted, V�ndor wilI, at its ow�n expense and
as City's s�le remedy, either. (a) procure fpr City the right to eontinue to use the saftware
and/or doeumentation; or (b) modify the software and/or documentation to make it non-
infrioging, provided that suclx modiGca#ivn does not materially ad�ersely affect
City's autharized use of the software and/or documentation; or (c) replace the software and
dacuroentativn with equally suitable, compatible, and functianally equivalent non-infringing
software and documentation at no addi#ional charge to City; or (d) if none of the foregoing
atternati�es is reasanahly availabie to Veudor terminate this Agreement, and refund all
amounts paid to Vendor by City, s�bsequeQt to which terminatNa�u City may seek any �nd all
remedies available to City under law.
9. Assi�nment and Sabcontractin�,.
9.1 Assi ��,� Vendor will noi �s�ign ar subccmtract any af its tiuties, abligatic�ns
ar ri�hts under this A�rcement without th�; prior writt�n conscnt of City. If City grants consent ta
an assignment, the assignee will execute a written agreement with Ciry and Vendor under which
the assignee agrces to be bound by the duties and obligations of Vendor under this Agreement.
Vcndor will be liable for all obligations of Vendor under this Agreement prior t� the eftec:tive date
�f the assignzz�ent.
9.2 Subeontraet. If City grants consent to a subcontract, the subcantractor will execute
a writt�n agreement with Vendor referencing this Agreem�nt under which subcontract�r age�s to
be bound by the dutie;s and obligations of V�ndor under this Agreement as such duties and
obligations may apply. Vendor must prvvide City with a fully exeeuted capy of any such
subcontract.
1(l. Insuranee. Vendor must prn�ide City with certiticate(s) of insurance documenting
polieies of`the following types and minimum coverage limits that are to be in effect priar to commencernent
t�f any Services pursuant to thi� Agreement:
10.1 C�verage and Limits
(a) Commercial General Liability:
$1,00O,OOU - Each �ccurrence
$2,000,000 - Ag�regaEe
(b) Automobile I,iability:
$1,000,000 - Each uccurrence on a combined single limit basis
Coverage will he �n any �ehicle used by Vendor, ar its emplayees, agents, or
representatives in the course of prc�viding Servicc� unc�er tl�is Agreement. "Any
vehicle" will be any vehicle owned, hired and non-awned.
Vendor Services Agreement Page 4 of 14
v.l.l (March 29, 2U21j
(c) Worker's Compensatian:
Statutory limits according to the Texas Workers' Compensation Act or any other
state workers' compensation Iaws where the Serviccs are being performed
Emplt�yers' liability
$100,Ofl0 - Bodily Injtuy by aceident; eaeh aecidentloccurrr.nce
$lOQ,00U - Bodiiy Injury by discase; each employee
$50�,�00 - Badily Injury by disease, policy lamit
{d) 1'rofessional Liability (Frrors & Omissions): ❑ �pplicahle � N/A
$1,00Q,0�0 - Each Ciaim Limit
�1,OOO,UbO- AggregateLimit
Pr•ofessional Liahility co�erage may bc pr�vided through an endorsernent to the
Commercial General Liability (CGL) policy, �r a separate p�licy specitic to
Professional E&O. H ithcr is acceptable if caverage meets all other rec�uirements.
Coverage must be claims-made, and maintained for the duration of the contractual
agree�nent and for two (2) years following completion of services provided. An
annual certifieate of insurance rnust be submitted to City to e�idence coverage.
10.2 General Requirements
(a) The cornmercial gcneral lia�ility and automobile liability policies must
name City as an additional insured thereon, as its interests may appear. The term
City includes its employees, oif cers, a�f cials, agents, and �olunteers in respcct tc�
the contracted serviees.
(b) The warkers' compensation pt�licy must include a Waiver c�f Subrogation
{Right of Recovery) ir► favor of City.
(c) A minimum c�f Thirty (30) days' notice of canc�lldtion or reduction in
limits of cc�vcrage must be providcd to City. 'I'en (1 Q} days' notice will be
acceptable in the e�enT af non-payment of prc;mium. Notice must be sent to the
City in aceordance with the natice provision of this Agreement.
(d} The insurcrs for all policies rnust be licensed aulcUor appra�ed to dc�
busine5s in the State of Texas. All insurers must have a minimum rating of �- VII
in the cuxrvnt 11,1VI. Best Key Rating Guide, or have rcasonably equi�alent financial
stren�th and solvency to the satisfactian of Kisk Management. If the rating is
bc;low that required, written appro�al of Risk Managemcnt is rc:quired.
(e) Ilny failure, an the part of City to request required insurance
doeutnentation will not Ganstitute a waiver of the insurance requirement.
YenJvr Sen�ices Agreement f'age 5 of 14
v. l.l (Mazch 29, 2021)
{� Certificates of Insurance evidencing that Vendor has obtained all requircd
ia�suxa�nce �vill be �ie�ivered ta the City prior to Vendor proceeding wiCh any work
pursuant to this Agreemertt.
11. Comgliance with Laws, Ordinances. Rules and Re�ulations. Vendar agrees that in the
perf�rmance of iis obligatic�ns hereunder, it will compty wiih all applicable federal, state and loeal laws,
ardinances, rules and regulations and that any work it produces in connection with this Agreernent will also
eamply with all applicable federal, state and local laws, ordinances, rules and regulatic�ns. If City n�tifies
Vend�r of any �ialation of such laws, ordinances, rules or regulations, Vendor must immediately desist
from and correcf the r�iolation.
12. Non-Discrimination Covenant. Vendor, for itsclf, its personal represeniati�es, assigns,
contraet�rs, subcontractnrs, and suceessors in interest, as part of the consideration herein, agees that in the
performance of Vendor's duties and obligatinns herc:under, it will not diseriminate in thc treatment or
employment of any individual or group Qf individuais on any basis prohibitcd by lar�v. IF AI�IY CLAIM
ARISES F'R�M AN ALLEGED VIQLATIUN OF THIS N(?N-AXSCRINi1NATI4P� COVENANT
SY VENDUR, ITS PERSONAL REPRESENTATIVES, ASSIGNS, CONTRACT�RS,
SUBCONTRACTQRS, �R SUCCESS�RS 1N INTERES'i', VENDOR AGREES T� ASSUME
SUCH LIABILITY AND TO INDENINIFY AND DEFEND C1T'Y AND HOLD CITY �-IA.1�1'bILESS
FR�M SUCH CLAIlVI,
13. Notices. Notices required pursuant to the provisions of this Agreement will be
conclusiv�ly determined to have been delivered whcn (1) hand-delivered to the other party, its agents,
emplayees, servants or represcntatives, (2) deli�ered by facsimile with electronic ennfirmation vf the
transrnissi�n, or (3) received by the other party by L�nited States Mail, registered, xeturn receipt requested,
addressed as follows:
To CITY:
Ciry of Fort Worth
E1ttn: Assistant City Manager
2U0 Texas Stre;et
Fort Wt�rth, TX 7b102-6314
Facsimile: (817} 392-A654
To VEN170R:
Coy L Beauchamp tlrenas
LLC. �3ranai Hawkins, Owner
P.Q. Box 470732
Fort Worth. TX 7C 147
Facsimile:
With copy to �=ort Worth City Attarney's �f�ice at
same address
14. Solicitation af Employees. Neither City nor Vt,ndor will, during the term of this
Agreement and additionaliy f�r a period of one year af'ter its termination, solicit for ernployment or emplay,
wh�thcr as employee or independe;nt c�ntractor, any person whc� i5 ar has been employed hy the othe;r
during the term ot this Fl�;reement, without the prior written consenC of the pers�n's employer.
Notwithstandin�; the foregoing, this provisi�n will not apply to an �rnpl�yee of either party who resp�nds
to a general solicitation of advcrGisement of emp�oyment by either party.
15. Go�ernmental Powers. It is understa�d and agrecd that by execution of this Agreement,
City does not waive or surrender any �f its gavernmental p�wers or immunities.
Vand�r Sen�ices Agreement Page 6 of 14
v. l.l (March 29, 2021}
l6. No Waiver. '1'hc failure of City or Vendor ta insist upon the performance of any t�rm oa•
provision of tt�is A�;recment or tc� exc:rcise any right �ranted herein does not eonstitute a waiver of City's �r
Vendor's respectivL right to insist upnn appropriatc performance or to assert any such rigiat on any future
occasion.
17. Governine Law / V�nu�. This Agreement will be construed in aecorciance with the laws
af Che State of Texas. If any action, whether real or assertcd, at law or in cquity, is brought pursuant ta thi5
Ageement, venuc for such action wi11 lie in state courts located in Tarrant County, Texas ar the t7niCed
Stat�s Dis[rict Caurt far the Northcrn District of Texas, Fort Warth l�ivision.
1$. Se�erabilify. If any provision of fhis Agreement is held to be invalid, illegal or
unenforceable, the validity, legality and enf�rceabitity Qf the remaining provisions will not in any w�y be
affected or impaired.
19. Force M�jeure. City a.nd Vendor will exercise their best ef�[-arts to m�:et their res�ective
duties and obligations as set forth in this Agreement, but will not be held liable for any de}ay or ortaission
in performance du�; to force majeurc: or other causes beyond their reasonable control, inciudir�g, but not
lirnitzd to, c:ompliance with any government law, ordinancc, or regulation; acts of God; acts of the put�lic
enemy; fires; strikes; loekouts; natural disasters; wars; riots; epidemics nr �andemics; government action
aa- inaction; orders of gov�rnm�;nt; material or la�or restrictions by any governmental authority;
transportation prnblems; restraints or pr�hibitions by any court, board, depaz�tr�aent, commission, crr agency
of the United States or of any States; civil disturbanccs; �ther natianal or regional emergencies; or any other
similar cause nc�f enumerated herein but which is bey�nd the reasonable control of the Party whose
performance is affected (collectively, "Force Majeure Event"). "I�he performance of any such obligati�n is
suspended during the period of, and only to the extent �f, such preventian or hind.ranc�, provided the
atfcctc:d Party prc��ides notice of the Porce MajeUre Event, and an ex�lanatic�n as to how it prevents ar
hinders the Party's performance, as soon as reasanably possible aRer the occurrencc of tl�e F�rce Majewre
Event, with the r�asr�nahleness �f such natice to be determined by the City in its sole discretion. The n�tice
required by this sectian must be addressed and deli�ered in accordance with Section 13 of this Agreement.
20, Heaslin�s not Controlli�u�. I�eadings and titles used in this Agreement are for referenee
purposes only, will not �4 decmed a part ofthis Agr�ement, and are not inte:nded to define or limit the scope
of any pro�ision of this Agreement.
21. Review af Counsel. The parties acknowledg�: that each party and its c�unsel have
re��iuwed and re�riscd this Agreement and that the nc�rmal rules of construcCion to the eftect that any
ambiguities are to be resolved against the drafting party will not be employed in the interpretation of this
Agreement or Exhibits A, B, and C.
22. Amendments / Modifications / Extensions. Nc� annendment, modification, or extension
of this Agreement will be bindin�; upc�n a party hereto unless set farth in a written instrument, which is
executed by an authorized representative af each party.
23. Caunterparts. This Agreement may be executed in one or mare countcrparts and each
counterpart will, for all purposes, be deemed an original, but all sueh eaunterparts will together constitute
one and the same instrument.
24. Warran of Services. Vendor warrants that its serviees will bc: af a high quality and
ec�nform to generally prevailin� industry standards. �;ity must givc; written notiee of azTy brea�h of this
warranty within thirty (30) days from th� date that the servic�s are completed. In sueh e�ent, at Vendor's
Vendor Services Ageement Page 7 �f 14
v.l.l (March 24, 2021}
option, VendQr will either (a) use eommercially rcasonable eftorts to re-perform the serviees ira a manner
that conforms with the warranty, c�r (b) refund the fees paid by City tQ Vendar for tlxe nonconforming
servxces.
25. Immi�ration Nationa(itv Ae� Vendor rnust verify the identity and employment eligibility
of its employees who perform work under this Agreement, including compleiing the Emplc�yment
Elxgibility Veri�icatiQn Form (I-9). Upon reyuest hy City, Vendc�r will provide City with copies of all T-9
forrns and supporting eligibility docurnentation for eac� employee who perf�arms wark under this
Agreernent. Vendor musC adhere to all Federal and State Iaws as well as estahlish appropriate pr�ceduares
and coratrols so that no serviees will be pertormed by any Vendor employec who is not legally eligible to
perform such servic�:s. VENDQR WILL INDEMMFY CITY AND HOLD CTTY H�AFt11�ESS FROM
ANY PENALTIES, LIABiLITIES, OR LOSSES DUE TD VIOLATIONS �F THIS PARAGRAPH
BY VENDOR, VENDUR'S EMPLOYEES, C�NTRACTORS, SUBCONTRACTQRS, �R
AGENTS. City, upon written notice to Vendor, will have the rip;ht to immediately terminate this Agreernent
f�r violations of this pro�ision by Vendor.
26. Qwnership vf Work Praduct. City will be the solc and exclusi�e awner of all reports,
work papers, proccdures, guides, and documentation that arc; created, published, displayca, ar produeed in
conjunction with the service5 provided under this Agreem�nt {collectively, "Wark Prc�duct"}. F'urther, City
will b�; the sole and exclusive owner of all copyright, patent, trademark, tt`dde seeret and ather proprietary
rights in and to the Work Pr�duet. Ownership of the Work Product will inure to the he:nefit c�i City trom
the date af eonception, cr�:ation or fixation of the Work Product in a tangible rnediurn of expression
(which�ver occurs %rst). Each eopyrightable aspeet of the Work Produet will be eonsidered a"work-made-
for-hirc" within the m�aning of the Copy�right Act of 1976, as amended. If and to the extent such Work
Froduet, or any part ti�creUf, i5 not considered a"work-nnade-far-hire" within the meaning of the Copyright
Aet of 1976, as arnended, Vendon c�;rehy cxpressly assigns to City all exclusi�ve right, title and interest in
aud to the Work Produet, and all copies thereof, and in and to the eopyright, patent, trademark, trade secret,
and all c�ther proprietary ri�hts thereii�, that City may haVe or abtain, without further consideration, fr�e
from any claim, lien for balane� due, or rights of retention thereto on the part of Ciry.
27. Si�nature Authoritv. The person sig�ing this Agreement herc;by warrants that thcy hav�
the legal autharity to exeeute this Agree�nent on behalf af the respective party, and that sueh binding
authority has been granted by proper ordcr, resoiutian, c�rdinance or �ther authorization of the entity. This
11�-eement and any amendment heret�, may be executcd by any authorized representati�e of Vendar. Each
pa��y is fully eniiClec� t� rely on thesz warranti�s and representations in entertng into this Agreement �r any
amendment hereto.
2�, Chan�e in Com�any Name or 4wnership. Vendor must notify City's 1'urchasing
Mana�cr, in writing, of a company name, ownership, or address change for the purpose of maintaining
updated City rec�rds. The president of Vcndor or autharized ofticial must sign the letier. A letter indicating
ehang�s in a e�mpany namr. or o�nership must be accompanied with supporting legal docurrrentatian such
as an updated W-9, do�uments filed with the state indicatin�; such change, copy of the board of direetor's
resc�lution approving the action, or an exeeuted merger or acquisition ag�eement, Pailure to pravide the
speciticd dc�eumentatian sc� may adversely impact future in�oice payments.
?9. No Sovcott of Israel. If Vendor has fewer tban 1Q ennployees or this Agreement is for
less than �1�0,000, this section does not apply. Vendor acknawlc;dges that in aceordane� with Chapter
2271 of the 1`exas Government CUde, the City is prohibitcd from entering into a e�ntract with a c�mpany
for �oc�ds or services unless the c�ntraet conTains a written veri�eation from the company that it: (1) do�;s
nofi boyeott Isi�ael; and (2} will not boycott Israel during tke term of thc contract. The terms "b�yeott Israel"
Vendor Services Agreement Pagc $ of 14
v.l.l (March 29, 2021y
and "ec�mpany" has the meanings aserihed to those terrns in 5ection 227I oi the T'exas Go�crnment Code.
By signin� this Agreement, Vendar certi�es that Vendor's signature pro�ides written �erification to
the City that Vendar: (1) does not boycott Israel; aud (2) will not boycott Israel during the term of
the Agreement.
3U. Electronic Si�natnres. This Agreernent may be executed by electranic signature, which
will be consid[;red as an original signature for all purposes �nd have the same forc� and ef�ect as an ariginal
signature. For these purpos�s, "electr�nic signature" means el�;etr�nically scanned antt transmitted versions
(e.g. via pdffiie or facsiznile iransmission) of an original si�nature, or signatures electroni�ally inserted via
software such a� Adobe Sign.
31. Entiretv of Agreemen�. This Agreernent conta,ins the entire understanding and agr�emcnt
l�etwc�n City and Vendor, their assigns and successors in interest, as to the matters contained herein. �ny
prior �r eantemporanenus orat or written agrecxnc;nt is hereby declared null and �aid ta the ext�:nt in con#lict
with any pro�ision ofthis A�reement.
(signature page follnws)
Wendor Ser� ices Agre�ment Page 9 of 14
v.l.l (March 29, 2021�
IN WITNE�S WHEREQF, the parties hereto have executed this Agreement in multiples.
City: Vendor:
�' �
�y,WilliamJohnson(De ,Zonia:azcsr� �y_ Qt ���,
Name: William Jc�hnsan I�iame: Brandi Hawkins.
Tit1L: Assistant City Manager Title: Owner.
Date:
Date: r� =�� �- �.
FOR CITY QF FQR"T WOR'I'H IN'I"CRNAL f�R(7C�SSES:
Approval Recommended:
��—
By:
Namz: Michael C;nun
Title. Dircctor, Yublic f�:vents Department
Approved as tu Farm and Legality:
Taylor Paris DigitallysignedbyTaylorParis
Date: 2022.12.06 11:32:44
-os�oo�
�y:
Name: 'I�aylc�r Paris
I`itle: Assistant City Attorney
Cantract Compliance Manager:
$y signing T ackn�wledge that I am the person
resp�nsibli: for the mc�nitaring and administration
of this contract, including ensuring a11
performancc and repo��ing requirements.
K� K�-
By:
Name: Kevin I�cmp
Title: Assistant Directar, Public E�ents
d4UOLq�
Cify SeCretal"y: � � F foRT�o�pd
�=a °�o
°��r� o*°
, 7a�r�r2tte S Goo�'a�G °° °° p
.L} . Jannette 5. Goodall (Dec 7, 202209:12CST} ���� nE%p5q,a
L!
Contract Authoriza#ion:
M&C: 22-U9d(�
Form 1295: FaRM 1295 NCTMBER
Y•
Name: Jannettc Goc�c3a11
Tiiie: Acting City Secretary
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Vcndur Scrviccs Agrccmc.�nt Page 10 of 14
v.l.l (March?9,2Q21)
EXHIBXT A
SCOPE UF SERVICES
2.d The Public Events Department will use this Agreement to have variaus work to be
performed consisting of transporting, loading in, and loading aut dirt from a storage
area within two (2) to four (4) miles of the Will Rogers Memorial Center {WRMC). Dirt
shall be ciear of debris, rocks, and trash, and shall be spread in the specified arena or
Ioca#ion within the WRMC as directed by the WRMC designee andlQr clients.
2.1 All materials and workmanship required ta furnish a complete and functional job
€or the City, whether shown, included of implied in the specifications, shall be supplied
by the vendor to meet the conditions of the Agreem�nt.
2.2 There shall be sufficient staffing specifically assigned ta the City's account ta
support necessary service requiremenfs.
2.3 Vendor shall service the City a�d cfients of WRMC that use dirt own�d Eay WRMC.
Indi►ridual clients that own or supply their own dirt will not be required to use the City's
Vendor. V e n d a r i s responsible for familiarixing themselves with the sites and
the wvrk tv be performed.
2.4 Vendor shall quate perjob to load-in, spread, level, or Ivad-out WRMC dirt; as needed
within time restrictions, to include equipment, driver and fuel, for inside and outside
arenas and pads per sizes given.
2.6 Vendar shall quote hourly charge to install, level and remove sand, additional dirt,
wood sha�ings, or animal waste; as needed within time restrictions ta include
equipment, driver and fuel.
2.7 5haping, ieveling, blading, rolling and packing services, requested by some clients, is
to be quoted at a price per hour, to and shauld inc(ude equipment, labor, driver and
fusl.
2.8 Vendor shall be given a minimum of five (5) working days prior notice, via phone or
email, that service will be needed. The �ontractor shalf respond by furnishing
equipment and operators to complet� the job in the timeframe required. WRMC
employees are to aversee the pro�ess. Clients of WRMC may request additianal work
on a time-restricted basis as needed.
2.9 Wark must be performed according to the agreed upon time gi�en by #he City and may
be scheduled during weekdays, weekends, holidays, evenings or overnight. All
equipment and manpower rr►ust be on site one (1) hour prior to scheduied load in ar
IQad aut. Time will not be charged to the City for breakdowns, ver�dors delays,
a�ertime or servicing delays. The hourly rate work will be charged to the nearest
quarter nf an hour.
2.1Q Coiiseum: Approximately 125 teet X 250 feet, including alley to Burnett Building.
Charges include all labor, equipment and hauling to or from designated dirt storage
site, within time restrictions set by WRMG.
2.10.1 Charge to load-in, shape, spread, level or load-out arena "base" dirt, S
to 8 Inches deep, witMin time restrictions set by WRMC.
Vendor 5erviees Agreement Page 11 of 14
v.l.l (March 29, 2021)
2.'{D.2 Charge to load-in, shape, spread, level or load-out arena "topping" dirt, 4
to 5 inches deep, within time resfrictions set by WRMC.
2.10.3 Charge to load-in, shape, spread, level or load-out arena "base" dirt, 4 to 6
inches deep in Burnett {eastlwest) alley, adjacent to Coliseum arena
entranc�, approximately 20 feet X 160 feet.
2.1Q.4 Charge to load-in, shape, s�read, level or load-�ut arena "base" dirt, 4 to 6
inches deep in Burne#t (north/south) alley, adjacent to Coliseum arena
entrance, approximately 20 feet X 80 feet.
2.10.5 Charge to level, shape, blade, roll, and pack arena dirt.
2.11 Exercise pads: Various sizEs. Charges include all labor, equipment and hauling to
or from designated dirt storage site, wifhin time restrictions set by WRMG.
2.19.1 Charge for load-in, shape, spread, level or load-out dirt 8-12 inches deep,
measuring approximately 125 feet X 254 feet, for a pad located in the
Pavilion just north of #he Richardson/Bass building.
2.11.2 Charge for load-in, shape, spread, level or I�ad-out dirt 6 inches deep,
measuring approximateiy 8Q feet X 1i5 feet, far a pad located in the parking
lot just north and east of the Coliseum.
2.11.3 Charge far Ioad-in, shape, spread, level or load-out dirt 6-8 inches deep,
measuring approximately 34 feet X 150 feet, for a pad located an Watt Drive,
just east of the John Justin Arena.
2.11.4 Charge for load-in, shape, spread, le�el ar load-out dirt 8-10 inches deep,
measuring approximately 100 feat X 190 feet, for each pad located in the
Multi- Purpose Building �2 pads total}. Pricing shall be listed per pad.
2.11.5 Charge for load-in, shape, spread, level or load-out dirt 4-6 inches deep,
measuring appraximately 44 feet X 300 feet, for a pad lacated in the Cattle
Show Arena (between Cattle Barn 2 and 3).
2,11.fi Charge for load-in, shape, spread, level or laad-out dirt 6-8 inches deep,
measuring approximately 65 feet x 170 feet, for a pad located in the parking
lot just south of Cattle Bam 4.
2.12 Arena Maintenance: Charge to le�el, shape, blade, roll and pack various arer�as, as
identified below. Charges include aU labor and equipment, within time restrictions set
by WRMC.
2.12.1 Coliseum — approximately 125 feet X 250 feet.
2.12.2 John Justin Arena — approximatefy 11 D feet X 260 fee#.
2.12.3 Watt Arena — approxima#efy 100 feet X 200 feet.
2.12.4 Multi-Rurpose Building — approximately 100 feet X 190 feet.
2.12.5 Pavilion — approximately 125 feet x 250 fe�t.
Vendor Services Ageament Page 12 of 14
v. I .1 (March 29, ?Q21)
2.12.6 Show Arena — appraximately 44 feet x 300 feet.
2.13 Purohase of additional materiai: Cost per cubic yard for specified dirt to replace
WRMC inventory within time restrictions set fiorth by WRMC. Al) loads must be free
af weeds, rocks, insects and other foreign particles. Price tv include delivery.
2.13.1 Sandy loam — Before installation several basic soil tests will be performed to
make sure that material is appropriate for Che arena. These tests are to insure
#hat the conten# of the selected rnaterial is consistent with the materials that
have be�n installed in many other facilities across the country.
2.13.2 Select sand — Using dry sieve analysis, sand should have the fal[owing
approximate characteristics: 5 percen# (°lo) ratained on #50 screen, 32%
retained on #70 screen, 42% retained an #100 screen and 21 % retained #200
screen.
2.13.3 Clay base — Before installation, se�eral basic soil tests will be performed to
rnake sure that material is appropriate for the arena. These tests are to insure
that the content of the selected material is consistent with the materials that
harre been installed in many other facilities across the country.
2.14 HQuriy Charges: Charges to include lahor and equipment.
2.14.1 Hourly rate to shape, level, rotl and pack variaus arenas or exercise pads
upon service requested by WRMC for clients.
2.14.2 Haurly eharge to install, level, and/or remove sand, additional dirt, animal
waste or wood shavings from �aridus arenas or exercise pads as needed
within time restrictions set by WRMC.
2.14.3 Hourly charge for 3-'/z yard loader to facilitate the mo�ement of dirt around
the facility for WRMC when needed and within time restriciions set by
WRMC.
2.14.� Hourly charge for 92 to 14 yard dump truck to move dirt around #he facility
for WRMC when needed and within time restrictions set qy WRMC.
Vendor Services Agreement Page 13 of 14
v.l.l (Maroh 24, 2p21)
EX�iIBIfi B
PAYMENT SCAEDULE
1. Compensation.
City will pay Vendor for each haur of Services pertormed pursuant to thi5 Agreernent up to a total of
eight hundred and ninety-fi�e thousand ($895,OQ0}. Vendor will not perform any additianal services
or bill for expenses incurred for City not specified by this A�reemenC unless City requests and
appr�ves in writing the additional costs for such ser�ices. City will not be liable for any aaditional
expenses of Vendnr nvt speeified by this Agreement unless City first approv�s such expenses in
writing.
1.2 4n ar befvre the l Oth day of each manth of this Agreement, the Vendor will
provide the City with a signed fee invoi�e summarizing (i) the portion of the Seruices that have
been coznpleted during the prior month and (ii) any additional visits that have
been incurred during the prior month. Vendor must provide the City with an in�voice in order to
be paid. Invaices must be su6mitted to Supplie�ir���c}ices�ci��ii�rt��c�rthtexas.C3ov
�'endor Scn�ices A�reeancnt Page 14 of 14
v.l.l (Ntarcli?9.2f�21)
c�ty of Fort wortn,
Mayor and
Texas
Council Communication
DATE: 11/08/22 M8�C FILE NUMBER: M&C 22-0906
LOG NAME: 13P 22-0176 DIRT WORK SERVICES EC PED
SUBJECT
(CD 7) Authorize Execution of a Purchase Agreement with Coy L. Beauchamp Arenas, LLC. for Dirt Work Services in an Annual Amount Up to
$895,000.00 and Authorize Up to Five Automatic Renewal Options for the Same Annual Amount for the Public Events Department
RECOMMENDATION:
It is recommended that the City Council authorize execution of a purchase agreement with Coy L. Beauchamp Arenas, LLC for dirt work services
in an annual amount up to $895,000.00 and authorize up to five automatic renewal options for the same annual amount for the Public Events
Department.
DISCUSSION:
The Public Events Department approached the Purchasing Division to procure an annual agreement for dirt work services and supplies at the Will
Rogers Memorial Center (WRMC) facilities. Under the proposed agreement the vendor will provide dirt haul in, preparation, and removal for the
various venues at WRMC managed by the Public Events Department, and to provide dirt, sand, and clay as commodities to the Public Events
Department. In order to procure the service, staff issued Invitation to Bid (ITB) Number 22-0176. The ITB consisted of detailed specifications
describing the contractor's responsibilities and requirements to provide these services and supplies.
The ITB was advertised in the Fort Worth Star-Telegram for three consecutive weeks: Wednesday July 6, 2022, Wednesday July 13, 2022 and
Wednesday July 20, 2022. The City received a sole response. An evaluation panel comprised of inembers of the the Public Events Departtment
and the Property Management Department reviewed and scored the submittals using the Best Value criteria.
The individual scores were averaged for each of the criteria and the final scores are listed in the table below.
A) Contractor's qualifications, experience, and references
B) Availability af resources to provide services (personnel and equipment)
C) Contractor's ability to meet the city's needs
D) Cost of service
After evaluation, the panel concluded that Coy Beauchamp Arenas, LLC. presents both the best value and the necessary coverage for the
City, therefore, the panel recommends that Council authorize an agreement with Coy Beauchamp Arenas LLC. No guarantee was made that a
specific amount of services would be purchased. Staff certifies that the recommended vendor bids met specifications.
FUNDING: The maximum annual amount allowed under this agreement will be $895,000, however the actual amount used will be based on the
need of the department and available budget. Funding will be budgeted in the Other Contractual Services Account within the Public Events
Department's Culture and Tourism Fund.
BUSINESS EQUITY: A waiver of the goal for Business Equity subcontracting requirement is approved by the DVIN-BE, in accordance with the
Business Equity Ordinance, because the purchase of goods or services is from sources where subcontracting or supplier opportunities are
negligible.
AGREEMENT TERMS: Upon City Council approval, the agreement will begin upon execution and will end Setember 30, 2023.
RENEWAL OPTIONS: This agreement may be automatically renewed for up to four (4) automatic one-year renewal periods (October 1 to
September 30) and for a fifth renewal period which shall run from October 1 to the anniversary date of execution. This action does nat require
specific City Council approval provided that the City Council has appropriated sufficient funds to satisfy the City's obligations during the renewal
term.
ADMINISTRATIVE CHANGE ORDER: An administrative change order or increase may be made by the City Manager up to the amount allowed by
Best Value Criteria:
relevant law and the Fort Worth City Code and does not require specific City Council approvai as long as sufficient funds have been appropriated.
FISCAL INFORMATION / CERTIFICATION:
The Director of Finance certifies that upon approval of the above recommendation, funds are available in the current operating budget, as
previously appropriated, in the Culture and Tourism Fund. Prior to an expenditure being incurred, the Public Events Department has the
responsibility to validate the availability of funds.
Submitted for City Manager's Office b� Reginald Zeno 8517
William Johnson 6122
Originating Business Unit Head: Reginald Zeno 8517
Michael Crum 2501
Additional Information Contact: Anthony Rousseau 8338
Eugene Chandler 2057
F��� �V��T���,
City Secretary's Office
Contract Routing & Transmittal Slip
ContraCtor'S Name: Coy L. Beauchamp Arenas LLC
Subject of the Agreement: Contract Renewal Notice
Contract No. CSC No. 58554, Renewal Term No.3: December 6, 2025 to December 5, 2026
M&C Approved by the Council? * Yes 8 No ❑
If so, the M&C must be attached to the contract.
Is this an Amendment to an Existing contract? Yes ❑ No 8
If so, provide the original contract number and the amendment number.
Is the Contract "Permanent"? *Yes ❑ No 8
If unsure, see back page for permanent contNact listing.
Is this entire contract Confidential? *Yes ❑ No 8 If only specific information is
Confidential, please list what information is Confidential and the page it is located.
Effective Date: Expiration Date:
If�differenl fi�om lhe approval dale. If applicable.
Is a 1295 Form required? * Yes ❑ No 8
*If so, please ensuNe it is attached to the approving M&C or attached to the contract.
Proj ect Number: If applicable.
*Did you include a Text field on the contract to add the City Secretary Contract (CSC)
number? Yes 8 No ❑
Contracts need to be routed for CSO processin� in the followin o� rder:
1. Katherine Cenicola (Approver)
2. Jannette S. Goodall (Signer)
3. Allison Tidwell (Form Filler)
*Indicates the information is required and if the information is not provided, the contract will be
returned to the departJnent.