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HomeMy WebLinkAbout064496 - General - Contract - Connor Pool Service, LLCCSC No. 64496 ��� ����� VENDOR SERVICES AGREEMENT This VENDOR SERVICES AGREEMENT ("Agreement") is made and entered into by and between the CITY OF FORT WORTH ("City"), a Texas home-rule municipal corporation, acting by and through its duly authorized Assistant City Manager, and CONNOR POOL SERVICE, LLC ("Vendor"), a Texas limited liability company, acting by and through its duly authorized representative, each individually referred to as a"Party" and collectively referred to as the "Parties." AGREEMENT DOCUNMENTS: The Agreement documents shall include the following: 1. This Vendor Services Agreement 2. Exhibit A— Scope of Services 3. Exhibit B— Price Schedule 4. Exhibit C— Verification of Signature Authority Form Exhibits A, B, and C, which are attached hereto and incorporated herein, are made a part of this Agreement for all purposes. In the event of any conflict between the terms and conditions of Exhibits A, B, or C and the terms and conditions set forth in the body of this Agreement, the terms and conditions of this Agreement shall control. 1. Scope of Services. Vendor will provide pool cleaning and maintenance services for the City of Fort Worth's Fire Department on an "as-needed" basis ("Services"), in accordance with the descriptions and specifcations which are set forth in more detail in Exhibit A— Scope of Services, attached hereto and incorporated herein for all purposes. 2. Term. This Agreement shall begin on the date signed by the City's Assistant City Manager ("Effective Date") and shall expire one (1) year from that date (`Bxpiration Date"), unless terminated earlier in accordance with this Agreement ("Initial Term"). City shall 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 options (each a "Renewal Term"). 3. Compensation. 3.1 Total compensation under this Agreement will not exceed one hundred thousand dollars and zero cents ($100,000.00) annually. 3.2 City will pay Vendor in accordance with the Prompt Payment Act (Chapter 2251 of the Texas Government Code) and the provisions of this Agreement, including Exhibit B— Price Schedule, which is attached hereto and incorporated herein for all purposes. Vendor Services Agreement—Connor Pool Service, LLC QFF�C�QL RECOR❑ Page 1 of15 �������xy�,�r�,�,� FT. WORTH, TX 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. Termination. 4.1. Written Notice. City or Vendor may terminate this Agreement at any time and for any reason by providing the other party with at least 30 days' written notice of termination. 4.2 Non-Apnronriation of Funds. In the event no funds or insuffcient funds are appropriated by City in any fiscal period for any payments due hereunder, City will notify Vendor of such occurrence and this Agreement will terminate on the last day of the fiscal period for which appropriations were received without penalty or expense to City of any kind whatsoever, except as to the portions of the payments herein agreed upon for which funds have been appropriated. 4.3 Duties and Obli�ations of the Parties. In the event that this Agreement is terminated prior to the Expiration Date, City will pay Vendor for services actually rendered up to the effective date of termination and Vendor will continue to provide City with services requested by City and in accordance with this Agreement up to the effective date of termination. Upon termination of this Agreement for any reason, Vendor will provide City with copies of all completed or partially completed documents prepared under this Agreement. In the event Vendor has received access to City Information or data as a requirement to perform services hereunder, Vendor will return all City-provided data to City in a machine-readable format or other format deemed acceptable to City. 5. Disclosure of Conflicts and Confidential Information. 5.1 Disclosure of Conflicts. Vendor hereby warrants to City that Vendor has made full disclosure in writing of any existing or potential conflicts of interest related to Vendor's services under this Agreement. In the event that any conflicts of interest arise after the Effective Date of this Agreement, Vendor hereby agrees immediately to make full disclosure to City in writing. 5.2 Confidential Information. Vendor, for itself and its officers, agents, and employees, agrees that it will treat all information provided to it by City ("City Information") as confidential and will not disclose any such information to a third party without the prior written approval of City. 5.3 Public Information Act. City is a government entity under the laws of the State of Texas, and all documents held or maintained for 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 to the Texas Attorney General. A determination on whether such reasons are sufficient will not be decided by City, but by the Ofiice 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 Vendor Services Agreement— Connor Pool Service, LLC Page 2 of 15 Information in any way. Vendor must notify City immediately if the security or integrity of any City Infarmation 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 wark space in order to conduct audits in compliance with the provisions of this section. City will give Vendor reasonable advance notice of intended audits. 7. Independent Contractor. It is expressly understood and agreed that Vendor will operate as an independent contractor as to all rights and privileges and work performed under this Agreement, and not as agent, representative, or employee of City. Subject to and in accordance with the conditions and provisions of this Agreement, Vendor will have the exclusive right to control the details of its operations and activities and shall 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 ofiicers, 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 of its 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. Liabilitv and Indemnification. 8.1 LIABILITY - VENDOR WILL BE LIABLE AND RESPONSIBLE FOR ANY AND ALL PROPERTY LOSS, PROPERTY DAMAGE, AND PERSONAL INJURY, INCLUDING, BUT NOT LIMITED TO, DEATH, TO ANYAND ALL PERSONS, OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, TO THE EXTENT CAI�SED BY THE NEGLIGENT ACT(S) OR OMISSION(S), MALFEASANCE, OR INTENTIONAL MISCONDUCT OF VENDOR, ITS OFFICERS, REPRESENTATIVES, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, OR StIBCONTRACTORS. 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 CAIlSED BY THE NEGLIGENT ACT(S) OR Vendor Services Agreement— Connor Pool Service, LLC Page 3 of 15 OMISSION(S), MALFEASANCE, OR INTENTIONAL MISCONDUCT OF VENDOR, ITS OFFICERS, AGENTS, REPRSENTATIVES, SERVANTS, EMPLOYEES, CONTRACTORS, OR SUBCONTRACTORS. 9. Assignment and Subcontracting. 91 Assi�nment. Vendor wi11 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 and Assignee will be jointly liable for all obligations of Vendor under this Agreement prior to the effective date of the assignment. 9.2 Subcontract. If City grants consent to a subcontract, the subcontractor will execute a written agreement with Vendor referencing this Agreement under which subcontractor agrees to be bound by the duties and obligations of Vendor under this Agreement as such duties and obligations may apply. Vendor must provide City with a fully executed copy of any such subcontract. 10. Insurance. Vendor must provide City with certificate(s) of insurance documenting policies of the following types and minimum coverage limits that are to be in effect prior to commencement of any Services pursuant to this Agreement: 10.1 Covera�e and Limits (a) Commercial General Liability: $1,000,000 - Each Occurrence $2,000,000 - Aggregate (b) Automobile Liability: $1,000,000 - Each occurrence on a combined single limit basis Coverage will be on any vehicle used by Vendor, or its employees, agents, or representatives in the course of providing Services under this Agreement. "Any vehicle" will be any vehicle owned, hired, and non-owned. (c) Workers' Compensation: Statutory limits according to the Texas Workers' Compensation Act or any other state warkers' compensation laws where the Services are being performed Employers' Liability $100,000 - Bodily Injury by accident; each accident/occurrence $100,000 - Bodily Injury by disease; each employee $500,000 - Bodily Injury by disease; policy limit Vendor Services Agreement— Connor Pool Service, LLC Page 4 of 15 (d) Professional Liability (Errors & Omissions): $1,000,000 - Each Claim Limit $1,000,000 - Aggregate Limit Professional Liability coverage may be provided through an endorsement to the Commercial General Liability (CGL) policy or a separate policy specific to Professional E&O. Either is acceptable if coverage meets all other requirements. Coverage must be claims-made and maintained for the duration of the contractual agreement and for two (2) years following completion of services provided. An annual certificate of insurance must be submitted to City to evidence coverage. 10.2 General Reauirements (a) The commercial general liability and automobile liability policies must name City as an additional insured thereon, as its interests may appear. The term City includes its employees, officers, officials, agents, and volunteers in respect to the contracted services. (b) The workers' compensation policy must include a Waiver of Subrogation (Right of Recovery) in favor of City. (c) A minimum of thirty (30) days' notice of cancellation or reduction in limits of coverage must be provided to City. At least ten (10) days' notice will be acceptable in the event of non-payment of premium. Notice must be sent to the Risk Manager, City of Fort Worth, 100 Fort Worth Trail, Fort Worth, Texas 76102, with copies to the Fort Worth City Attorney at the same address. (d) The insurers for all policies must be licensed and/or approved to do business in the State of Texas. All insurers must have a minimum rating of A- VII in the current A.M. Best Key Rating Guide, or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. If the rating is below that required, written approval of Risk Management is required. (e) Any failure on the part of City to request required insurance documentation will not constitute a waiver of the insurance requirement. (f j Certificates of Insurance evidencing that Vendor has obtained all required insurance will be delivered to the City prior to Vendor proceeding with any work pursuant to this Agreement. 11. Comuliance 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. Vendor Services Agreement— Connor Pool Service, LLC Page 5 of 15 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, ar(2) received by the other party by United States Mail, registered, return receipt requested, addressed as follows: To CITY: To VENDOR: City of Fort Worth Connor Pool Service, LLC Attn: Assistant City Manager Attn: Philip Connor, Owner 100 Fort Worth Trail 27 Chelsea Drive Fort Worth, TX 76102-6314 Fort Worth, TX 76134 817-614-2546 With a copy to Fort Worth City Attorney's Office philip@connorpool.com at same address 14. Solicitation of Emplovees. 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. Governin� Law / Venue. This Agreement will be construed in accordance with the laws of the State of Texas. If any action, whether real or asserted, at law or in equity, is brought pursuant to this Agreement, venue for such action will lie in state courts located in Tarrant County, Texas, or the United States District Court for the Northern District of Texas, Fort Worth Division. 18. Severabilitv. 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. Vendor Services Agreement— Connor Pool Service, LLC Page 6 of 15 19. Force Maieure. City and Vendor will exercise their best efforts to meet their respective duties and obligations as set forth in this Agreement, but will not be held liable for any delay or omission in performance due to force majeure or other causes beyond their reasonable control, including, but not limited to, compliance with any government law, ordinance, or regulation; acts of God; acts of the public enemy; fires; strikes; lockouts; natural disasters; wars; riots; epidemics or pandemics; government action or inaction; orders of government; material or labor restrictions by any governmental authority; transportation problems; restraints or prohibitions by any court, board, department, commission, or agency of the United States or of any States; civil disturbances; other national or regional emergencies; or any other similar cause not enumerated herein but which is beyond the reasonable control of the Party whose performance is affected (collectively, "Force Majeure Event"). The performance of any such obligation is suspended during the period of, and only to the extent of, such prevention or hindrance, provided the affected Party provides notice of the Force Majeure Event, and an explanation as to how it prevents or hinders the Party's performance, as soon as reasonably possible after the occurrence of the Force Majeure Event, with the reasonableness of such notice to be determined by the City in its sole discretion. The notice required by this section must be addressed and delivered in accordance the notice section of this Agreement. 20. Headings Not Controllin�. 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 had the opportunity to review and revise this Agreement and that the normal rule 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. 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 executed by an authorized representative of each party. 23. Entiretv of A�reement. 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. 24. Counteruarts. This Agreement may be executed in one or more counterparts, and each counterpart will, for all purposes, be deemed an original, but all such counterparts will together constitute one and the same instrument. 25. Warrantv 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. 26. Immi�ration and Nationalitv Act. Vendor must verify the identity and employment eligibility of its employees who perform work under this Agreement, including completing the Employment Eligibility Verification Form (I-9). Upon request by City, Vendor will provide City with copies of all I-9 Vendor Services Agreement— Connor Pool Service, LLC Page 7 of 15 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 TffiS 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. Ownership of Work Product. City will be the sole and exclusive owner of all reports, work papers, procedures, guides, and documentation that are created, published, displayed, or produced in conjunction with the services provided under this Agreement (collectively, "Work Product"). Further, City will be the sole and exclusive owner of all copyright, patent, trademark, trade secret, and other proprietary rights in and to the Work Product. Ownership of the Work Product will inure to the benefit of City from the date of conception, creation, or fixation of the Work Product in a tangible medium of expression (whichever occurs first). Each copyrightable aspect of the Work Product will be considered a"work-made- for-hire" within the meaning of the Copyright Act of 1976, as amended. If and to the extent such Wark 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. 28. Signature Authoritv. The person signing this Agreement hereby warrants that they have the legal authority to execute this Agreement on behalf of the respective party, and that such binding authority has been granted by proper order, resolution, ordinance, or other authorization of the entity. This Agreement, and any amendment hereto, may be executed by any authorized representative of Vendor. Each pariy is fully entitled to rely on these warranties and representations in entering into this Agreement or any amendment hereto. 29. Change in Companv Name or Ownership. Vendor must notify City's Purchasing Manager, in writing, of a company name, ownership, or address change for the purpose of maintaining updated City records. The president of Vendor or authorized official must sign the letter. A letter indicating changes in a company name or ownership must be accompanied with supporting legal documentation such as an updated W-9, documents filed with the state indicating such change, copy of the board of director's resolution approving the action, or an executed merger or acquisition agreement. Failure to provide the specified documentation may adversely impact invoice payments. 30. No Bovcott of Israel. If Vendor has fewer than 10 employees or this Agreement is for less than $100,000, this section does not apply. Vendor acknowledges that in accordance with Chapter 2271 of the Texas Government Code, the City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" has the meanings ascribed to those terms in Chapter 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. Vendor Services Agreement— Connor Pool Service, LLC Page 8 of 15 31. Prohibition on Bovcotting Energv Companies. 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 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. 32. Prohibition on Discrimination Against Firearm and Ammunition Industries. 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 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�rearm entity or firearm trade association; and (2) will not discriminate against a firearm entity or firearm trade association during the term of this Agreement. 33. 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. [SIGNATURE PAGE FOLLOWS] [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] Vendor Services Agreement— Connor Pool Service, LLC Page 9 of 15 IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiples. CITY OF FORT WORTH: �� � By: � Name: William Johnson Title: Assistant City Manager VENDOR: CONNOR POOL SERVICE, LLC By: � 1'.; ��,t ') ��.tjYl.(?��;'1 Name: Philip Connor Title: Owner Date: 12/22/2025 J � '�` � Date: I , � i �j - -, FOR CITY OF FORT WORTH INTERNAL PROCESSES: Approval Recommended: ����� By: Name: Raymond Hill Title: Interim Fire Chief Attest: oF'poqj°�a ooe a voe�tda a'�'° a9dd p!'a .iv C\%\ �� OU6 B=j ����--��^^((11^^��,,n�n�•• % ��� °Pa• � � •d 1 �� aIIQn nEZPsa4 \ By: I Name: Jannette S. Goodall Title: City Secretary Contract Authorization: M&C: None Required Date M&C Approved: NJA Contract Compliance Manager: E3y signing I acknowledge that I am the person responsible fior the monitoring and administration of this contract, including ensuring all performance and reportin;� requirements. By: Naine: f3renda Ray Title: Fire�EMS Purchasing Manager Approved as to Form and Legalit�y: G� `� � : � Y Name: Taylor Paris Title: Sr. Assistant City Attorney Form 1295: N/A OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Vendor Services Agreement - Connor Pool Service, LLC Page 10 of 15 EXHIBIT A SCOPE OF SERVICES The Scope of Services enumerated herein and the services under the Agreement include all elements proposed in Vendor's response to the City's RFQ 26-0019, which formed the basis of contract award. Vendor will provide pool cleaning and maintenance services for the City of Fort Worth's Fire Department on an "as-needed" basis ("Services"), in accordance with the descriptions and specifications which are set forth below in more detail. 1.0 SCOPE OF WORK 1.1 Pool Cleaning Schedule and Requirement: 1.1.1 Twice weekly cleaning from April through November. 1.1.2 Weekly cleaning from December through March. 1.1.3 Cleaning includes vacuuming, brushing, cleaning top of pool with leaf net, emptying skimmers and pump basket. 2.1 Pool Maintenance Requirements: 2.1.1 Maintenance shall be performed biannually. 2.1.2 Maintenance: All chemicals including sanitizer and balancing chemicals are included. 2.1.3 Maintenance of equipment includes backwashing of filters, cleaning of sensors, cleaning of chemical feeders and hoses. 3.1 Pool Specifications: 3.1.1 225,000-gallon pool. 3.1.2 Includes 55' x 75' x 6' lap and 30' x 40' x 12' dive training pool 3.1.3 Mechanical System: 3.1.3.1 Pool filtration is a high- rate pressure sand filtration with a horizontal fiberglass tank configuration and manual backwash valving. 3.1.3.2 Primary sanitizer is sodium hypochlorite (500 gallon double- wall bulk storage tank, peristaltic pump feeder). 3.1.3.3 PH buffer media is muriatic acid (barboys on spill containment platform, peristaltic pump feeder). 3.1.3.4 Automated chemical controllers are provided for continuous monitoring of water quality and automated feeding of chemicals. Remote access to chemical controllers is provided via Ethernet connection. Chemical controller functionality includes filter influent/ effluent tank pressure monitoring and data logging, as well as sodium hypochlorite tank lever sensing. 3.1.3.5 Automate water level control system is provided. 3.1.3.6 Ultra- violet secondary disinfection system is provided as a part of the pool recirculation system to aid with sanitation, particularly control of Cryptosporidium. 4.1 Required Chemicals: 4.1.1 Sodium Hypochlorite(sanitizer) 2000 Gallons/ 500 Gallon tank to be filled quarterly. Vendor Services Agreement— Connor Pool Service, LLC Page 11 of 15 4.1.2 Muriatic Acid(pH buffer) 12 ea. 15 Gallon Carboys 4.1.3 Calcium Chloride/ 10 ea. - 50# Bag 4.1.4 Sodium Bicarbonate/ 20 ea. 50# Bag 4.1.5 Isocyanuric Acid/ 1 ea. 100# Drum 4.1.6 Calcium Hypochlorite Granular/ 2 ea. 100# Pail 4.1.7 No Mor Problems/ 1 ea. Case (12 x 32oz bottle) 5.1 Items such as peristaltic pumps and/or parts associated with any equipment may be provided and quoted on an as-needed basis. Vendor will provide supplemental quotes for any additional labor or parts requested that are not included in the scope of work. 6.1 Location and Hours of Service: 6.1.1 Fire Training Facility 509 W. Felix St. Fort Worth, TX 76115 6.1.2 Monday-Friday 8;OOAM-4:OOPM 2.0 VENDOR REQUIREMENTS 2.1 Vendor must maintain a valid Certified Pool Operator (CPO) Certification. 2.2 Maintain a staffing of 4-5 employees minimum. 2.3 Respond to service calls within 24 hours of notification. 3.0 PRICE ADJUSTMENTS 3.1 Should Vendor require that unit prices be ad justed for increases or decreases in Vendor's cost during the contract period shall use the procedure listed below. Price adjustments may only be requested on an annual basis in conjunction with the contract's renewal. 3.1.1 The Vendor must submit its price ad justment request, in writing, at least 90 days before the requested effective period. The Vendor shall provide written proof of cost increases with the price ad justment request and updated pricing per line item. 3.1.2 If the City concludes that the rate increase being requested is unacceptable, the City reserves the right to adjust the rate request, or reject the rate request in its entirety and allow the contract to expire at the end of the contract term. If the City elects not to exercise the renewal option, the Purchasing Division reserves the right to issue a new solicitation or procure the goods or services by any other allowable means. 3.1.3 Prices shall remain firm for the term of the Agreement and shall include all associated freight and delivery costs, unless otherwise specifically stated in writing and agreed to by City. 3.1.4 Upon expiration of the contract term, the Vendor agrees to hold over under the same terms and conditions of the contract for a reasonable period of time to allow the city to re-solicitate an agreement, not to exceed ninety (90) days. 3.1.5 The provision of goods and/or services shall not be suspended by the Vendor except as expressly allowed by the contract's terms and conditions. 4.0 QUANTITIES - The City of Fort Worth is obligated to pay for only those materials and services actually ordered by an authorized City employee and then received as required and accepted by the City. Vendor Services Agreement— Connor Pool Service, LLC Page 12 of 15 5.0 SMALL BUSINE55 PROGRAM - This Agreement, as reflected in the solicitation, is subject to the Small Business Program, Ordinance No. 27832-08-2025 under Chapter 21 of the Code of the City of Fort Worth. More information on the program can be found on the city's website at: https://www.fortworthtexas.gov/news/2025/7/sbdp 6.0 INVOICES AND PAYMENTS 6.1 Registration - Vendor is required to register for direct deposit payments prior to providing goods and/or services using the forms posted on the City's website at: https : //www. fortworthtexas. gov/departments/finance/purchasing/register 6.2 Payment - All payment terms shall be "Net 30 Days" unless specified in the bid and agreed in the City 6.3 Invoices - The Vendor shall send invoices electronically to the City's centralized Accounts Payable department invoice email address: supplierinvoices�fortworthtexns.gov Please include the following on the subject line of your email; Supplier name, Invoice number, and PO number, separated by an underscore (ex; Example, Inc._123456_FW013-0000001234) This email address is not monitored so please do not send correspondence to this email. If Vendor has any invoice questions, please contact the City Department ordering the goods/services or Central Accounts Payable at 817-392-2451 or by email at: Zz_FIN_AccountsPayableC�fortworthtexas. gov Vendor Services Agreement— Connor Pool Service, LLC Page 13 of 15 EXHIBIT B PRICE SCHEDULE � __. i _ _. . . .... � _ .... I RFQt 26-0019 Pool Cleaning and Maintenance Services Bid Table Success: All values provided p�-� Pool Cleaning Twice Weekty April Through Weeks 3o S�.iotso S 33.o4s o0 November per Scope of Work Success: All values provided ;��_p Pool Cleaning Once Weekly December Through Weeks �2 S 972oo 5� 11 664 00 March per Scope of Work success: All vaiues provided a�3 Bi Annual Pool Maintenance per Scope of Work vear 2 $ 500 00 $ i,000 00 s as,»z.ao $ 45,712.00 PRICING FOR EXTRA WORK Extra Services: $140/hr or bid. There are set prices for many services but these are dependent on many factors that have little to do with hourly rate. An example would be mastic replacement. Prices come by measurements and not time. Emergency calls: $180/hr Contamination cleanup; This is the same as Emergency calls. The above notwithstanding, total compensation under this Agreement will not exceed one hundred thousand dollars and zero cents ($100,000.00) annually. Vendor Services Agreement— Connor Pool Service, LLC Page 14 of 15 EXHIBIT C VERIFICATION OF SIGNATURE AUTHORITY CONNOR POOL SERVICE, LLC 27 CHELSEA DRIVE FORT WORTH, TEXAS 76134 Execution of this Signature Verification Form (`Form") hereby certities that the following individuals and/or positions have the authority to legally bind Vendor and to execute any agreement, amendment or change order on behalf of Vendor. Such binding authority has been granted by proper order, resolution, ordinance or other authorization of Vendor. Gity is fiilly entitled to rely on the warranty and representation set forth in this Form in entering into any agreement or amendment with Vendor. Vendor will submit an updated Form within ten (10) business days if there are any changes to the signatory authority. City is entitled to rely on any current executed Form until it receives a revised Form that has been properly executed by Vendor. Name: Position: Signature 2. Name: Position: S ignature 3. Name: Position: Signature Name: Philip Connc� .� , ' � �I ' ""�''�1 �^, Ij Il`_� Signature of Pr�sident ! CEO Other Title: Owner i � Date: � �� � "; — Vendur Services Agreement — Connor Pool Service, LLC Page 15 of 15 F�RT��RTHo City Secretary's Office Contract Routing & Transmittal Slip Contractor's Name: Connor Pool Service, LLC Subject of the Agreement: Vendor Services Agreement via RFQt 26-0019 M&C Approved by the Council? * Yes ❑ No ❑✓ If �so, the M&C must be attached to the contract. Is this an Amendment to an Existing contract? Yes ❑ No ❑✓ If �so, provide the original contract number and the amendment number. Is the Contract "PermanenY'? *Yes ❑ No 0 If �unsure, see back page for permanent contract listing. Is this entire contract Confidential? *Yes ❑ No ❑✓ If only specific information is Confidential, please list what information is Confidential and the page it is located. Effective Date: Expiration Date: If different from the approval date. If applicable. Is a 1295 Form required? * Yes ❑ No ❑✓ *If �so, please ensure 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 ❑✓ No ❑ Contracts need to be routed for CSO processin� in the followin� order: 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 department.