HomeMy WebLinkAbout065431 - General - Contract - Intertek Testing Services NA, Inc.CSC No. 65431
Lntertek
Total Quality. Assured.
Participation Agreement for
Intertek NFPA 1850-2026 Verification Program
THIS AGREEMENT made the 23rd day of June , 20 26 , by and between:
INTERTEK TESTING SERVICES NA, INC. having offices at 3933 US Route 11, Industrial Park,
Cortland, New York 13045 USA ("Intertek") and City, of Fort Worth
(Participant Legal Name) having a principal place of business at
100 Fort Worth Trail Fort Worth, TX 76102 United States (Participant Official
Address including Street, City, State/Province, Zip Code, and Country) ("Participant").
Intertek sponsors a NFPA 1850 Verification Program ("Program") which provides for verification of a
Participant's inspection, cleaning and fabric repair process as conforming to Intertek Requirements.
Subject to the terms of this Agreement, a Participant whose processes are found to be in compliance with
the Program by Intertek may be permitted to access and display the Intertek's ETL Verified Mark.
Participant desires to submit specific processes followed by the Participant for evaluation by Intertek in
order that the processes may be considered for the Program.
This Agreement setting forth the terms and conditions to which the parties must adhere shall be executed
by Intertek and Participant.
NOW THEREFORE, for and in consideration of the mutual covenants herein expressed and other lawful
and valuable consideration, the parties hereto agree as follows:
1. DEFINITIONS The words and phrases used in this Agreement shall have the same meaning as
those defined in the Procedural Guide, with the following additional explanations:
1.1 Participant. The term Participant shall mean the firm, corporation, or other business entity which
is listed at the beginning of this Agreement and which has applied to participate in the Program
1.2 Program. The term Program shall mean the inspection, cleaning and fabric repair verification
program sponsored by Intertek.
1.3 Procedural Guide. The term Procedural Guide refers to the procedural guide which describes
the current requirements of the Program, but which may hereafter be amended, modified, or revised from
time to time by Intertek.
1.4 Intertek Requirements. The term Intertek Requirements shall mean (a) the requirements
contained in the Procedural Guide; (b) the standard(s), if any, applicable to the Program; (c) the terms of
this Agreement; and (d) any third party requirements separately applied as a condition of the Program.
1.5 Verified Inspection, Cleaning and Repair Process. The term Verified Inspection, Cleaning
and Repair Process shall mean the inspection, cleaning and repair process verified by Intertek as
conforming to the requirements of the Procedural Guide.
1.6 Authorization to Mark. The term Authorization to Mark ("ATM") shall mean a written document
from Intertek that authorizes the Participant to utilize an Intertek verification mark.
1.7 Verification Mark. The term Verification Mark ("Mark") shall refer to any common law or
registered trademark owned by Intertek, or its affiliates, used in the verification of inspection, cleaning and
repair processes.
1.8 Listing. The term Listing shall mean the process of preparing and including the Participant in a
published on-line Program Directory which includes the Participant's name, location, the inspection,
cleaning and repair processes and materials meeting the requirements of the Program.
OFFICIAL RECORD
CITY SECRETARY
Page 1 of 6 FT. WORTH, TX Revised October 16, 2025 — MANDATORY
Lntertek
Total Quality. Assured.
Participation Agreement for
Intertek NFPA 1850-2026 Verification Program
2. VERIFICATION
2.1 Evaluation. In addition to the Limitations identified in the Procedural Guide, Intertek is an
independent laboratory providing evaluation services to determine whether representative processes
comply with designated national and international standards, specifications, and/or codes. Intertek does
not publish standards, specifications, and/or codes, or warrant to the Participant that the standard used
for the evaluation is adequate. Participant understands and agrees that Intertek has only evaluated the
submitted processes and does not guarantee or warrant the quality or compliance of all services provided
by the Participant. Participant further acknowledges that as an independent laboratory, Intertek assumes
no responsibility for the design or use of the Participant's processes.
2.2 Participant Obligations. Participant understands its obligations pursuant to this Agreement in
order to maintain eligibility for the Program, and warrants that it shall comply with the following provisions:
(a) Participant shall be governed by and comply with the requirements of the Procedural Guide
in connection with Participant's participation in the Program. The Procedural Guide is
incorporated by reference as if fully rewritten herein. Participant acknowledges and agrees
that Intertek may amend, change, modify, or revise the Procedural Guide from time to time
as Intertek deems necessary or desirable. Participant shall receive notification of said
changes from Intertek. If there is a conflict between the Procedural Guide and this
Agreement, this Agreement shall govern.
(b) If Participant repairs any protective garments that are compliant with NFPA 1971, Standard
on Protective Ensembles for Structural Fire Fighting and Proximity Fire Fighting, or NFPA
1970 Standard on Protective Ensembles for Structural and Proximity Firefighting, Work
Apparel, Open -Circuit Self -Contained Breathing Apparatus (SCBA) for Emergency
Services, and Personal Alert Safety Systems (PASS) it shall perform all obligations of this
Agreement and all obligations of the Procedural Guide with respect to the repair processes
it uses.
(c) Participant shall continue to use inspection, cleaning and repair processes verified by
Intertek, which are at least equivalent to those used for samples initially or subsequently
verified by Intertek as conforming to the requirements of the Procedural Guide. In addition,
Participant shall establish and maintain a program of production and inspection to ensure
that its inspection, cleaning and repair processes shall continue to meet all requirements of
the Procedural Guide.
(d) Participant agrees that the Program and the inspections, surveys, tests, and other service
performed by Intertek in connection with the Program are intended only to serve as a check
on Participant's qualification for inclusion in the Program and are not intended to, and do
not in fact, relieve Participant of responsibility for the conformance of its Verified Inspection,
Cleaning and Repair Processes.
(e) Participant shall not alter or change the procedures or materials of Verified Inspection,
Cleaning and Repair Processes except in compliance with the provisions of the Procedural
Guide.
(f) Participant shall allow authorized representatives of Intertek free and complete access
during regular business hours to such parts of Participant's facility as may be necessary to
determine the adequacy of quality control facilities and procedures, to make product
selections, to conduct factory surveys and resurveys, and to perform periodic follow-up
services as dictated by the Procedural Guide or as required by Intertek.
(g) Participant shall pay fees to Intertek, in the manner and per the schedules as specified in
Appendix A of the Procedural Guide. Intertek's fees shall be in accordance with the
schedule of fees then in effect at the time of each such billing as a result of the Participant's
participation in the Program. The schedule of Intertek's fees may be changed from time to
time with 30 days written notice to the Participants.
(h) Participant shall submit all information to Intertek required by this Agreement and the
Procedural Guide in a timely fashion.
(i) Participant agrees that if the Participant wishes to modify or change the process such that
Page 2 of 6 Revised October 16, 2025 — MANDATORY
Lntertek
Total Quality. Assured.
Participation Agreement for
Intertek NFPA 1850-2026 Verification Program
the process no longer meets the requirements of the Procedural Guide, Participant must
first either obtain the approval of Intertek in accordance with the terms of the
Procedural Guide or discontinue use of the Mark. The process may no longer be
eligible for the Program if it has been modified or changed by the Participant after Intertek's
evaluation or inspection.
(j) Participant agrees to notify Intertek in writing of any claims, demands or judgments it
receives of serious personal injury or property damage involving product which was repaired
under the Program.
(k) If re-evaluation and/or investigation of the process is required as a result of modification to
the process without prior notification by the Participant and approval by Intertek, the
Participant shall be subject to applicable fees for these services.
(1) If corrective action is required to be taken pursuant to the terms of the Procedural Guide
due to the failure of a repaired product to meet verification requirements, Participant shall
be responsible for all costs associated with that corrective action.
2.3 Revision or Withdrawal of the Intertek Requirements. Intertek reserves the right, upon
reasonable notice to the Participant, to revise or withdraw the Intertek Requirements to the extent required
by applicable statutory guidelines or standards. If the Intertek Requirements are revised, the Participant
shall be entitled to continue Listing and use of the Mark upon a demonstration to the satisfaction of Intertek
that their process complies with the revised Intertek Requirements. If the Intertek Requirements are
withdrawn, the Participant's right to the Listing and use of the Mark shall terminate pursuant to the terms
of Section 5 of this Agreement. In the case of a revision or withdrawal of Intertek Requirements, Intertek
shall provide a notice specifying a reasonable date by which the process must meet the revised Intertek
Requirements or for such termination.
2.5 Third Parties. Participant agrees that Intertek has entered into a contractual relationship with the
Participant. Intertek agrees to perform such services with due care. Intertek does not guarantee or
warrant that third parties will accept or recognize the results obtained by Intertek or the Intertek verification
of the Applicant's processes.
3. LISTING AND USE OF MARK
3.1 Ownership of the Mark. Ownership of the Mark and all trademark rights in the Mark remain in
Intertek, even if it is used by Applicant. Except as provided within this Agreement, any other use of the
Mark, or the Intertek name, is expressly prohibited.
3.2 Authorization to Use Mark. All use of the Mark by Participant pursuant to this Agreement shall
be with the prior written authorization of Intertek, which alone shall own the Mark and rights created by
such use.
3.3 Advertising and Use of Mark. Subject to Participant's continued satisfaction of the requirements
of Section 2.2 of this Agreement and in consideration therefore, Intertek hereby grants to Participant the
right and license to use the ETL Verified Mark (hereinafter the "Mark") in connection with such of
Participant's processes as qualified under the Program, and upon Participant's sales promotional
literature, catalogues, advertisements, publications, and other materials in connection with the promotion
and sale of its repair processes. Participant agrees that it will use the Mark only in connection with those
repair processes that comply with the Program. Participant shall not use the Mark in connection with any
processes which are not compliant with the Program, or which have been delisted, denied, suspended,
or withdrawn from the Program. Participant shall not use the Mark or Intertek's name in such a manner
as may confuse or mislead the public into believing that such mark, symbol, or name refers to fabric repair
processes as verified under the Program when in fact such processes have not been so verified.
4. INDEMNIFICATION AND LIABILITY
4.1 Indemnification. Participant agrees to hold Intertek harmless and to defend and indemnify
Intertek and its respective officers, employees, agents, and representatives against any liability, loss, or
damage from claims, demands, actions, damages, losses, penalties, obligations, costs and expenses
(including, without limitation, reasonable legal and expert fees), or judgments arising out of or relating to:
Page 3 of 6 Revised October 16, 2025 — MANDATORY
ntertchk
Total Quality. Assured.
Participation Agreement for
Intertek NFPA 1850-2026 Verification Program
(a) Participant's fabric repair process; (b) violation by Participant of any provision of this Agreement or
any provision of the Procedural Guide then in effect; (c) any misuse, improper use or unauthorized use of
the Mark; (d) any negligent or intentional acts of the Participant; or (e) claims from third parties relating to
the Verified Inspection, Cleaning and Repair Processes, the repaired product, or arising from the use of
the Mark. Participant shall have no liability under this provision for any omission, failure, fault, or
negligence by Intertek in connection with but limited to Intertek's assigned functions under the Program
as set forth in the Procedural Guide and in this Agreement.
4.2 LIABILITY. PARTICIPANT AGREES TO LIMIT INTERTEWS LIABILITY ARISING FROM
INTERTEWS PROFESSIONAL ACTIVITY, ERRORS, OR OMISSIONS, SUCH THAT THE TOTAL
AGGREGATE LIABILITY OF INTERTEK SHALL NOT EXCEED INTERTEWS TOTAL FEE FOR THE
SERVICES RENDERED TO THE PARTICIPANT IN THE YEAR OF THE CLAIM. INTERTEK SHALL
NOT BE LIABLE FOR ANY CLAIM, DEMAND, DAMAGE, LOSS, COST, OR EXPENSE WHICH
RESULTS FROM ANY ERROR OR OMISSION IN THE PROGRAM DIRECTORY, PROVIDED
INTERTEK CORRECTS ANY SUCH ERROR OR OMISSION IN A TIMELY MANNER. INTERTEK
SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE TO THE PARTICIPANT FOR ANY
INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR ANY THIRD PARTY CLAIMS
WHICH MAY ARISE AS A RESULT OF THE SERVICES PROVIDED IN THIS AGREEMENT,
REGARDLESS OF THE NATURE OF THIS FAULT, WHETHER IT WAS COMMITTED BY INTERTEK,
ITS EMPLOYEES, AGENTS OR SUBCONTRACTORS. CONSEQUENTIAL DAMAGES INCLUDE,
BUT ARE NOT LIMITED TO, LOSS OF USE AND LOSS OF PROFIT. ANY CLAIM BY PARTICIPANT
AGAINST INTERTEK (ALWAYS SUBJECT TO THE PROVISIONS OF THIS CLAUSE 4.2) MUST BE
MADE WITHIN NINETY (90) DAYS AFTER CLIENT BECOMES AWARE OF ANY CIRCUMSTANCES
GIVING RISE TO ANY SUCH CLAIM. FAILURE TO GIVE SUCH NOTICE OF CLAIM WITHIN NINETY
(90) DAYS SHALL CONSTITUTE A BAR TO OR IRREVOCABLE WAIVER OF ANY CLAIM, EITHER
DIRECTLY OR INDIRECTLY, IN CONTRACT, TORT OR OTHERWISE IN CONNECTION WITH THE
PROVISION OF SERVICES UNDER THIS AGREEMENT.
4.3 Unauthorized Use of Mark. Participant acknowledges and agrees that its use of the Mark or
Intertek's name, other than as expressly authorized in this Agreement, would mislead the public and would
result in irreparable injury to Intertek. Participant further acknowledges and agrees that in any such event,
Intertek's remedy at law would not be adequate. Accordingly, Participant agrees that in any such event,
any court having jurisdiction may, at the request of Intertek, enter a temporary restraining order and/or
preliminary injunction prohibiting Participant from misusing, improperly using, or using without
authorization the Mark and from manufacturing, marketing, selling, distributing, delivering, or promoting
any process which is not verified through any use of the Mark. The entry of such a restraining order or
injunction shall not affect Intertek's right to recover compensatory or punitive damages from Participant
for any misuse, improper use, or unauthorized use of the Mark or Intertek's name.
4.4 Public Notice. In the event that Intertek has confirmed evidence that the Participant has not
conformed with the authorized use of the Intertek name and/or the Mark, including but not limited to use
of the Intertek name or Mark in connection with any processes which are not compliant with the Program
or which have been delisted, denied, suspended, or withdrawn from the Program, Intertek reserves the
right to contact appropriate government agencies and/or issue public notifications advising of the
unauthorized use.
5. TERMINATION OF THE AGREEMENT
5.1 Termination By Either Party. Either party may, for any reason, terminate this Agreement upon
not less than sixty (60) days written notice to the other party. Such notice shall designate a termination
date and the notice period shall be deemed to commence upon the date of mailing of the notice to
the other party by registered or certified mail, return receipt requested or by courier with confirmed
delivery.
5.2 Intertek Right To Terminate. Intertek may terminate this Agreement upon written notice, without
prejudice to any other rights or remedies that Intertek may have, upon any of the following:
(a) Participant fails to maintain operations in the Verified Inspection, Cleaning and Repair
Page 4 of 6 Revised October 16, 2025 — MANDATORY
Lntertek
Total Quality. Assured.
Participation Agreement for
Intertek NFPA 1850-2026 Verification Program
Process for a period of two (2) years;
(b) Participant is in default pursuant to Section 6.3;
(c) Participant makes any misuse, unauthorized use, or improper use of the Mark or of Intertek's
name; or
(d) Thirty (30) days after the Participant receives written notice in the event of: (i) the filing of a
voluntary or involuntary petition in bankruptcy by the Participant; (ii) the making of any
arrangement or composition with creditors by the Participant; (iii) the appointment of a
receiver for the Participant; or (iv) the voluntary or involuntary liquidation of the business of
the Participant. The Participant will notify Intertek within seven (7) days of notice of one of
these events.
Further, Participant agrees that in the event the Agreement is terminated and Participant engages in
improper or unauthorized use of the Mark, Intertek may, without incurring any liability to Participant, notify
third parties, including but not limited to vendors, customers, potential users, and government authorities,
that Participant is using the Mark improperly or without authorization.
5.3 Participant Obligations Upon Termination. Upon termination of this Agreement,
Participant shall:
(a) Discontinue the use of the Mark or any other mark, symbol, or name of Intertek.
(b) Promptly destroy all supplies of sales promotional literature, catalogues, advertisements,
and publications bearing the Mark that are on hand, all electronic files of the same and any
other electronic files containing the Intertek Mark, and provide Intertek written certification
of such destruction and the date the Mark was last used.
(c) Continue to honor the terms of Section 4 of this Agreement concerning indemnification
and liability, which terms shall survive the termination of this Agreement.
(d) Immediately pay any remaining outstanding charges owing to Intertek.
6. ADMINISTRATIVE PROVISIONS
6.1 Confidentiality. Without written authorization from the Participant, Intertek will not voluntarily
disclose to third parties confidential and proprietary information which Participant provides to Intertek
including Participant's information, documents, memoranda, writings, and test results. Intertek and
representatives of Intertek who have observed the testing shall not disclose the same to any other
participant, except as provided in this Agreement or in the Procedural Guide. This obligation shall not
apply to information which is already available to the public, or acquired from other sources without
confidentiality restrictions, or for which the Participant has provided written authorization, or is required to
be disclosed by Intertek to Regulatory Authorities responsible for the acceptance of the Verified
Inspection, Cleaning and Repair Processes. Intertek agrees that this obligation to maintain confidentiality
shall survive the termination of this Agreement.
6.2 Subpoena. If Intertek is served with a Subpoena, Court Order, or similar document requesting
the disclosure of confidential or proprietary information supplied to Intertek by the Participant or other
documentation which would be subject to an obligation of confidentiality, Intertek shall promptly notify the
Participant. In the event that the Participant chooses to contest the request, Intertek shall cooperate with
the Participant. The responsibility for contesting the request shall rest solely with the Participant. If the
Participant declines to contest the request or is not successful in contesting the request, Intertek will
provide the requested information. Any costs incurred by Intertek in responding to the request, including
reasonable attorney's fees, shall be reimbursed by the Participant immediately upon invoicing by
Intertek.
6.3 Fees. Fees for participating in the Program and licensing of the Verification Mark will be prepaid
or billed to the Participant or a designated payor. Payment shall be due upon presentation of invoices and
the Participant shall be considered in default if the charges are not paid within thirty (30) days. Intertek
reserves the right to adjust the billing rates and to issue reasonable charges in the event additional costs
are incurred by Intertek as a result of Participant's failure to adhere to the Intertek Requirements.
Additional costs include, but are not limited to, penalty fees for misuse of Mark and costs associated with
Page 5 of 6 Revised October 16, 2025 — MANDATORY
Lntertek
Total Quality. Assured.
Participation Agreement for
Intertek NFPA 1850-2026 Verification Program
Intertek's investigation. Fees are non-refundable.
6.4 No Assignment. The rights running to the Participant under this Agreement may not be
assigned to or acquired by any other person or corporation without Intertek's written authorization.
6.5 Term. This Agreement shall remain in full force and effect from the date identified on the first
page until superseded by a new agreement or until termination as provided in Section 6; provided,
however, that the indemnification provisions and the limitation of liability of Section 4 of this Agreement
shall remain in full force and effect
6.6 Jurisdiction. This Agreement shall be interpreted in accordance with and governed by the laws
of the State of New York, USA. If the Client is located in China, any dispute or claim arising from or in
connection with this Agreement, its breach, its performance or non- performance shall be submitted to
the China International Economic and Trade Arbitration Commission ("CIETAC") Beijing Office for
arbitration which shall be conducted in accordance with the Commission's arbitration rules in effect at the
time of applying for arbitration. The arbitral tribunal shall consist of three (3) arbitrators. Intertek on the
one part and the Client on the other part shall each appoint one arbitrator. The parties shall appoint the
third arbitrator. If the parties fail to agree on the third arbitrator within fifteen (15) days from the date on
which the respondent receives the notice of arbitration, the parties hereby designate the Chairman of
CIETAC as the appointing authority hereunder provided that the Chairman shall select an arbitrator who
satisfies the qualifications in the preceding sentence. The language to be used in the arbitral proceedings
shall be Chinese and English. Each version shall have the equal validity and legal effect. The arbitral
award is final and binding upon both parties.
6.7 Superseded Agreement. This Agreement supersedes any and all prior agreements between Intertek
and Participant relating to the Intertek NFPA 1851 Verification Program.
This Agreement is accepted and duly executed by:
Participant
Company
INTERTEK TESTING SERVICES NA, INC. Name:
BY: BY:
(Authorized Intertek Signature)
Print Name: Andrew Rulison
Title: Manager
Date: 06-23-2026
City of Fort Worth
(Proprietor, Partner or Authorized
Officer - Signature)
Print Name: William Johnson
Title: Assistant City Manager
Date: 06/23/2026
Page 6 of 6 Revised October 16, 2025 — MANDATORY
tntertek
PJE PPJ",
FORT WORTH FI FLE DE PARTM ENT
29CCO W eaIt ly
Tart ado" Tx 76 ii•7-M-C-S
lJSA
QUOTE NO
QU—DIW 135-U
PROJECF NAM
NFPA 1230 InzkpendAfft Ser Re Pmw4 der Prrauaan
fJOM PILED BY
`william rr:,�.Je
DATE
Jar,-ierM 16. ZGZ6
Fro r7T6i-.�=�. aS Pssa. u '. htr Fsai:. + L�� Palw
note No,: qu-L% Mi53"
Aie'x Arnold
Fort Worth Fire Departmerrt
290E W Bolt St
FartWorth, TX 76110-58DE
USA
Dear ,glex,
Lntertek
Tatal lUuMV. AL&Lidetl-
)ANUA Y 16, 2&26
It's our pleasure to present you this proposal Luhich has been mrefully prepared based upon the
information provided by Fort Worth Fire Department.
Afterrewiewirg the proposal, pease complete the following steps to initiate the prDjEct:
■ Cnmpiete the Project Authorization Page and return the proposal to accept prii®ngand terms
and conditk2rs of this prQposa I.
* Submrt a copy of your Purchase Order_
NOTE. we are unable to secure your spot on th e seh-eduie withoLd this document.
■ Suhmitrequestedsamplesandjordoturnentation.
As you kinow,, Iritertek is a IeadingTota', Quartity Assuranr=e provider to many nndustres worldwide. We
are more than 43,000 people strong, located in 1,000 laboratories and offaces across. 100 countries,
deibiaring inrrltavative Assurance, Testing, Inspection and rtTicatinn solutions for our customers`
operations and supp3Y chains._ Our unmatched expertise in Fatal Quality Assurance enah-es our
custaTners to power ahead safe�q.
Please let we know if you have any questions regarding this proposal or the testing and cer:ificatmn
pro, ess. We thank Wu For tare opportunity to he of service and hope to vwork with Vou scnn.
Yours srirbcserBIV,
W II iam Tague
Sales Representarve
2Dfi-
iNTEAC Zi -33.33 W: !mute 11, r-corUand. Kr& YGM 13C4S LInites P=t
QLate NU: QU-MG43333-a
Prepared For: Alex Arnold
Fort Worth Fire Departrnem
2900 W Bolt St
Fort Worth,TX 76110-5BM
USA
rvc fB17) 392-3452
p alex.arnoldL&fortwordrtexa�s.,g
vv
intertek
Prepared br. William Tague
Sales representative
Intertek
3933 US Route 11
Cortliand, New York 13G45
United States
wiiliarn_tague@ intertek_cam
Testing and. EwaluetiGn Details:
Thispraposal is based upon the information Fart Worth Fire Department praavided to lntertek and
coversthe services as rued below.
Scope of Work:
NFPAA 1.850 Independent Serv5ce Pr"der Program
Projgtl Summary:
Sec_ 11.3.10 Advanced Cleaning and Sanidzation Prc-chedures Evacuation
Sec_ 11.3-9 Aduarrced Ins ecbon Procedures Evaluation
Table 11-3.8 a Seam Strength and Design of CluterShell
Table 11.3.EJW Seam Strength and Des;gp of Thermal Liner
Table 11-3.81c} Seam Strength and Desi. n of X+1 L Gore Crosstech Type 2F Mack Moisture Barrier
Table 11.3.81c} Seam Strength and DesiEn of StedfastStedair4000 Moisture Barrier
Table 11-3.81c} Water Penetration. Resistance of WL Gore Crosstech Type 2F Black Moisture Barrier
Table 11.3.8ic} 'Water Penetration Resistance crf Stedfast Steda'r 4000 MrsMure Barrier
Sec- 9-2 3-4 Thread Heat Resistance
Set 11.3.71 & 11.3.7.2 Bio[ogical Decontamination Efficacy Tests
Sec 11.3.7.1 & 11.3.7.2 SVOC Decontamination Efficacy Tests
Sec 11.3.7.1 & 11.3.7.2 Metals Decontamination Efficacy Tests
Sec-11,.4 Audit Initial
Sec 11.4 AuuditAnnreai performed every 6 months {3 audits $359audit]
IMTERTU-3433 CPS Pmte 13043,Or:ited S=rs
'E L,Ae 4oc 4vu-C �@43a3}-0
Lntertek
7'11W Quiliftif. Amred,
Project Flees:
The fees below are based on the information provided on your request, assumptions as noted
previoushr and are valid for 9C days fr°am date of issuance..
Quotation is based cuff an estimate of engineering time required to complete kncr&n scope of work at
time of quoting_ This astirriate does not include continued re -review cif non conformances
(documentation, product construrtion�, unit nmamEunction or failure (testing, troubleshootingp,, or changes
to scope of work. If additional time Is required to address there items, a non-compliance letter andfor a
Preject Change Order Request JPCOR) will be issued.
This p-roposal assumes all uwork to be performed at .an Interbe:k facility_ If the scope chanEes so that
testing is to be done offsite/at client locatinn, a separate proposal will be required to include travel and
experise for Intertek staff.
Item #f
Evaluation Stand ardfii]esc(iption
Net price
$15,550.00
3
IVFPA 185,0:2D25 Ed -MG -53i
r.C"I
Standard on 5,eiection, Care, and Maintenance of Protec fve
Ensembles for Structural and Proximity firefighting and Open -Circuit
Se fCentained Breathing Apparatus �KBA}
Sec_ 11.3.10 AAvanced Cleaning and S:ahrtization Procedures
Evalivation �SOO
2
NFPA 18W21325 .Ed-2025
5500_00
.Standard on Wecction, ,Care, and Maintenance of Protective
Ensembles for Structural and Proximity Firefighting and Open -Circuit
SeifContained Breathing Apparatus�SC'BA}
Sec. 11..3_BAdvanced Inspection Procedures Eva luatinn 5500
4FP.A 1850:202S Ed.2026
5325_i00
standard on Seie€tion, Care, and Maintenance of Protective
Ensembles for Structural and ProximRy Firefighting and CBpen-Circuit
Self -Co nta ined Breath ing apparatus $ SCBAJ
Table 11.3.3ja) Seam, 5trens- h and Design of Outer Shell S325
-
l'iFP1.A 18541:21325 Eda202E
S325M
Standard an Selection, Caere, and Maintenance of Protective
Ensembles for Structural and Proximity Firefmghting and Open -Circuit
Se'
fContained Breathing Apparatus JSCBAJ
Table Seam Strength and Design of Thermal Liar $325
5
NFPA 1850:2025 Ed_2•026
$lii5_t}D
4 of 17
3M LIS F4autz " Coedanm Kew YoM. 13D43.Unitrd Bunke .
DoMmrta: 1j'j-1LU-,73533-3
tnLertek
Taiai Quai" &-"nM
Item ##
Evaluation Standard/Oes-rripfi4on
Net pTire
Standard or. Se;ection, Care, and Maintenance of Protective
Ensembles for Structural and Proximity Firefighting: and Open -Circui't
:Self-Cm:ntained Breathing ApparatusISCRA)
Table 11.3.8Ie} Seam Strength and Design of WL Gore Crosstech Type
2F Blade M-uisture BwTler S 1 GS
6
NFPA 1850:21325 Ed.2026
$1E5.00
.Standard on 5e:ection, Care, and Maintenance of Protective
Ensembles for Structural and Proximity Firefighting and Open -Circuit
Serf ntained Breathing Apparatus l:SCBA}
Tab a 11.3.8jsi• Seam Strength and Design of Stedfast Stedair 4000
r-,Ioi.s,urte Barrier SIBS
HFPA 1850-2.025 Ed-2026
S335_00
Standard on Selewti�on, Care, and Pulaintertance of Protective
Ensembles for Structural and Proximity Firefighting and [Open-CirtrLdt
Seif-Contained Breathing Apparatus JSCBAI
Tah5e Water Penetration Resistance of W'L Gore Crosstech
Type'2F Mack Moisture Barrier S335
NFPA 1850.2025 Ed-2026
5335_1k(1
'Standard an Selerticcin, Care, and Maintenance of Protect ve
Ensembles for Structural and Proximity Firefighting and Open -Circuit
Seff-Contained Breathing Apparatus JSCRAI
Table 11.3.5Irj Water Penetration ResUnnce of .Stedfast 5tedair 4000
Moisture! Barrier 5335
9
NFPA 1850;2025 Ed.2026
5250.00
:Standard on Selection, Care; and Maintenance of Protective
Ensembles for Structural and Proximity Firefighting and (Open-1Cirr it
Self -Contained Breach ingApparatus JSC:BAVI
:Sec 8.2-14 Ttuead Heat Resistance $250
10
NFPA 1850:2102S Ed-2026
$.5,g00.o0
Standard on Selection, Care, and Maintenance o€ Protective,
Ensembles for Structural and Proximity Firefighting and Open -Circuit
Rf-Contained Breathing Apparatus ISCRA)
sec 11.3_ 7.1 & 11..3.7.2 Biological Decontamination Efficacy Tests
55,E
11
NFPA 1S50:2025 Ed.2026
2,500.DO
Standard on Selection, Care, and Maintenance of Protective
Ensembles for Structural and Proximity Firefighting and Opan-Circuit
SeRf-Contained Breath ing Apparatus JSCBA)
Sec 11.3.7.1 & 1.13.7.2 SVOC aecontarnination (Efficacy Tests S2„500
Fi -of 17
IbnER7 —R - 303 US P. uta 11,E nd. taw Vowt, 13043..United.S=,
Rwqt=filn_ #J-C'1,5}333}-0
Lntertek
I a' al �JuaaOV, MriusK
Iltern #
:EvalLia:Ition. 5ia ndard/Cessrirtion
Fillet pry
_'_
NFPA 1550:2025 Ed.2J26
53,5U0.130
Standard on SEEectison, Care, and Mairttenance of Prulective
Ensembles for Structural and Proximity Firefighting and Open -Circuit
:Self -Contained Breathing Apparatus (KEI-Aj
Sec 11..3.7.I & i _3..7? Meta Is Decontamination EffieacV Tests
53,500
13
NFPA 1850:2025 Ed_2026
5600-DO
Standard an Sebectivn, Care, and Maintenance Df Protective
Ensembles for Structural and Proximity Firefighting and Opera -Circuit
Se f-Cantained Brea;hin,g Apparatus (S.CI3A
Sec_ 11.4Audit Initial $E04
14
NFPA 18S0.:2N)2S E€ -21325
$1,050_0I
Standard on 9electfon, Care, and Maintenance of Protertwe
Errsembles for Structural and Pr€;xin-to Firefighting and Open -Circuit
Se-F-Contained Breathing Apparatus ySCBAAI.
Sec_ 11.4 Audit Annual performed every 5 months (3 audits LD
$3Si0f a urd it). $1„GS 0
TOTAL (U.SD)
$35.550.0
6 or 17
INTEri'S:U - 3M US FOLItL L4 ,Ca. tangy*, Near TOM, 13043,1 niten Snte:
$sTtie No: Qp-DIG03737-0
Lntortek
raxal Q ualdy Assured
Pro] Conditions.
Unless outlined in the Protect Summary, the follo wing eonditioris apply to this project:.
Decision Rule -
Unless iothervyise spe€ified bythestandard, specification or program, instFuments used in the evaluation
are of sufficient accuracy to accept measured values in the determination of compliance_ No further
consideration r f measurernerlt uncertainty is needed. Should the client require a full uncertainty
analysis, requests can he accommodated at are add tiona I fee and an increase in overa 11 time to
completion. [Ref ILAC-138:09/20191
S-ervices;
Additional Certification Services and Fees:
For services that resu t in the authorization of a certification mark-,additionaI follow-up or surveilfance
servics may be required at an additional fee which will be charged separately- Please ask your sales_
representative for additional information or refer to our webs ite.
http://www.inteT-tek-corn/certification
Expenses:
Unless specifically detailed within this proposal, travel expenses, ai"1 shipping costs including express:
shipment of deliverables, local taxes, and rniscellanecus expertses required to complete your project are
not included and will be invoices!' in addition to the fees quoted at cost pairs a 12% administrative fee.
InvoicingiNotes:
Unless specifically noted, Inttirtek N%Rl issue invoices upon delivery of test data., reports., project status
updates, or for projects lasting more than 30 days bilging may occur on billable hours or tasks completed
in that specific month at the rate indicated within the proposal.
If credit terries: are approved, payment terms are net 30 days after the date of the ins. nice. if credit terms
are not estab3lshed, project will be considered ,pre -pay and customer wiSl receive a deposit invoice for
amount to be prepaid_ Receipt of payment is required before woA uan he,gin on the project.
Please issue purchase order to Intertek Testing Services NA, I nc-
Samples and Bocumentation;
The following is required prior to starting your evaluation:
7of17
1ffrERTE9 3MUS Routz U_CbrUant.Rew'?ey,i3G43,Jnitedmotes
QuateNnc Qu-[€'60353"
Lntertek
Total Quality Amfed.
• On com plete and fu Ily operational sample of each product to be eva'uated_ Please consult
with your Intertek project manager for approval of representative or'"worst-case'
configurations_ Additional samples may be required as the &.-aluation progresses_
■ Dperations manual and/or operating instructions_
• Cump.eted "Product Information packet"' -which will include bill of materials, electrical ratings,
schematics, and component data. Please contact your sales representative for detail.
Sample disposition:
If testing is to take puce at an Intertek iocation, p{pease indicate how you vrould like any test samples not
consumed during testing to be handled:
] dispose of 5ample{s): If required, sample disposal fees will be invoiced in addition to quoted fees_
[ ] Return 5arrtple(s). If you desire to have samples returned, please comprete the i nformation 'talowir:
Shipping Method:
Account Number to be Charged:
Insurance Value: _
Other Instructions:
Praj ect Complet on: We estimate your grojeawill be camp=eted and reportjs) issued within four (4�.
weeks of the date ad required sarnp and documentation are received_ To avoid unnecessary delays,
please mark quote number Qu—UGG3535-0 an the outside of shipping materials containing samples or
documentation. Expedited scheduling options are .avaii'able.
Report DeflivetV; We are proud to offer you complete electronic Test Report de ivery, mansgementr
and arch iv ng via a secure customer portal at no additional cost to you. To login, register, or find more
details visit w-w-vY Antertek..eom/cl ie nt-portals.
Pro je-cl Cancellations: Postponements or canceblatiorrs wRl be accepted if sufficient written native is
given to Intertek. In the event of a cancellation .within two business days of your schedu led project start
Cate. a 5 rsd30.00 cancellation fee plus any incurred expense may be invoiced to Fart Worth Fire
Department
adf7
IWTEWMr.-35331d5 Route li.:r n& Kea va'$ Y3G33.Unhed _des
FORTWORTH.
CITY OF FORT WORTH
CHAPTER 252 EXEMPTION FORM
Instructions: Fill out the entire form with detailed information. Once you have completed this form,
provide it to the Purchasing attorneys for review. The attorneys will review the information you
have provided to determine whether an exemption to Chapter 252's bidding requirements is
defensible. Failure to provide sufficient information may result in follow up questions and cause a
delay in the attorney's determination.
Section 1: General Information
Requesting Department:
Name of Contract Manager:
Departmental Attorney:
Item or Service sought:
MAINTENANCE AND REPAIR)
Goods:
Service:
Anticipated Amount:
Vendor:
FIRE DEPT
BRENDA RAY
TAYLOR PARIS
[NFPA 1851 VERIFICATION (BUNKER GEAR
0
0
100,000.00
INTERTEK
Current/Prior Agreement for item/service: Yes ❑ No 0
CSC or Purchase Order #:
Amount:
Projected M&C Date:
How will this item or service be used?
Click or tap here to enter text.
[INSERT AMOUNT OR N/A]
[INSERT DATE OR N/A]
These services will be used by the Fort Worth Fire
Department and EMS personnel to inspect, test, and verify that all firefighter protective gear (bunker
gear) is properly cleaned, maintained, and compliant with NFPA 1851 safety standards. The vendor will
perform specialized evaluations, including advanced inspections, cleaning and sanitization verification,
material testing, and periodic audits to ensure the gear remains safe and effective for use in emergency
response operations. This ensures that Fire and EMS staff are equipped with reliable protective
equipment when responding to fires, hazardous environments, and medical emergencies, reducing risk
of injury and exposure while maintaining compliance with state and national safety requirements.
Page 1 of 6
Has your department started a requisition or otherwise contacted the Purchasing Division related
to obtaining this good/service? Yes ❑ No
If yes, please provide requisition number or brief explanation of contact with
Purchasing Division: [DETAILED DESCRIPTION]
Section 2: Claimed Exemption and Justification (Other than sole source)
NOTE: For sole -source exemption requests, complete Section 3.
Please indicate the non -sole -source exemption you believe applies to the purchase and provide
information to support its applicability. Please refer to the Exemption Primer (starting on page 5)
for detailed information about common exemptions:
❑ A procurement necessary to preserve or protect the public health or safety of the City
of Fort Worth's residents;
❑ A procurement necessary because of unforeseen damage to public machinery,
equipment, or other property;
® A procurement for personal, professional, or planning services;
❑ A procurement for work that is performed and paid for by the day as the work
progresses;
❑ A purchase of land or a right-of-way;
❑ Paving drainage, street widening, and other public improvements, or related matters, if
at least one-third of the cost is to be paid by or through special assessments levied on
property that will benefit from the improvements;
❑ A public improvement project, already in progress, authorized by the voters of the
municipality, for which there is a deficiency of funds for completing the project in
accordance with the plans and purposes authorized by the voters;
❑ A payment under a contract by which a developer participates in the construction of a
public improvement as provided by Subchapter C, Chapter 212;
❑ Personal property sold:
• at an auction by a state licensed auctioneer;
• at a going out of business sale held in compliance with Subchapter F,
Chapter 17, Business & Commerce Code;
Page 2 of 6
by a political subdivision of this state, a state agency of this state, or an
entity of the federal government; or
under an interlocal contract for cooperative purchasing administered by a
regional planning commission established under Chapter 391;
❑ Services performed by blind or severely disabled persons;
❑ Goods purchased by a municipality for subsequent retail sale by the municipality;
❑ Electricity; or
❑ Advertising, other than legal notices.
Please provide details and facts to explain why you believe the exemption applies to the
purchase. You may also attach documentation to this form. The vendor provides highly specialized
inspection, testing, and certification services to verify that firefighter protective gear complies with
NFPA 1851 standards, which govern the selection, care, and maintenance of protective ensembles used
in fire and emergency response. These services involve advanced technical evaluations such as:
Inspection and verification of cleaning and sanitization processes Testing of material integrity
(seam strength, thermal liner, moisture barriers, heat resistance) Chemical and biological
decontamination efficacy testing Independent audits and certification of compliance All services
require professional -level analysis, laboratory testing capabilities, and certified expertise to
interpret results and issue compliance verification. This will ensure that the City's protective
equipment meets strict regulatory and safety standards. Because the services require specialized
professional judgment, certification authority, and technical expertise, and cannot be
awarded based on low bid or standard specifications, this procurement meets the criteria for a
Personal/Professional Services exemption. ]
Section 3: Claimed Sole -Source Exemption and Justification
NOTE: For all non -sole -source exemption requests, complete Section 2.
Please indicate the sole -source exemption you believe applies to the purchase and provide
information to support its applicability. Please refer to the Exemption Primer (starting on page 5)
for detailed information about common exemptions:
❑ items that are available from only one source because of patents, copyrights, secret processes,
or natural monopolies;
❑ films, manuscripts, or books;
❑ gas, water, and other utility services;
❑ captive replacement parts or components for equipment;
❑ books, papers, and other library materials for a public library that are available only from the
persons holding exclusive distribution rights to the materials; and
❑ management services provided by a nonprofit organization to a municipal museum, park, zoo,
or other facility to which the organization has provided significant financial or other benefits;
Page 3 of 6
How did you determine that the item or service is only available from one source?
[EXPLAIN HOW YOU DETERMINED EXCEPTION APPLIES (RESEARCH,
COMMUNICATIONS, DOCUMENTATIONII
Attach screenshots and provide an explanation of any independent research you conducted,
through internet searches, searching cooperatives, or discussions with others knowledgeable on
the subject matter that corroborate that the item is available only from a single source.
[SHOW YOUR RESEARCH/WORK THAT LEAD TO YOUR CONCLUSION]
Did you attach a sole source justification letter? ❑ Yes ❑ No
Describe the uniqueness of the item or service (e.g. compatibility or patent issues, etc.).
[DESCRIBE THE UNIQUNESS OF THE ITEM/SERVICE THAT QUALIFIES IT AS A SOLE
SOURCE]
Section 4: Attorney Determination
With the facts provided by the department, is the use of the claimed exemption defensible if the
City were to be challenged on this purchase? ®Yes ❑No.
Was there anything attached to this form that was relied on in making this determination?
❑Yes ®No.
If yes, please explain: [DESCRIBE ATTACHMENTS CONSIDERED]
Was there anything not included on this form or attached hereto that was relied on in making this
determination? ❑Yes ®No.
If yes, please explain: [EXPLAIN OUTSIDE SOURCE OF INFORMATION]
Approved By:
Date: 3.20.26
Amarna Muhammad / Jordan Alvarez
Assistant City Attorney
Page 4 of 6
EXEMPTION FORM PRIMER
Below are explanations and examples of common exemptions that could apply to City purchases.
If you have questions about the information provided or need additional information, please
contact your department's assigned attorney or the appropriate purchasing attorney.
PUBLIC HEALTH & SAFETY - A procurement necessary to preserve or protect the
public health or safety of the municipality's residents;
Examples of activities that have been found to fall within this exception include ambulance
services; solid waste collection and disposal; and first -responder safety equipment such as
breathing apparatus for firefighters and bullet-proof vests for police officers.
• UNFORESEEN DAMAGES - A procurement necessary because of unforeseen damage
to public machinery, equipment, or other property;
Examples of this type of procurement would include repairing or replacing roofs and
windows damaged by hail or a tornado. But parts and services for routine maintenance or
replacement of old, worn out roofs or windows would not meet this exception.
• PERSONAL, PROFESSIONAL, OR PLANNING SERVICES
Personal services are ones that are unique to the individual providing them. Therefore,
personal services contract cannot generally be subcontracted or assigned.
Professional services are not defined under Chapter 252, so there is no precise definition
to follow. While there is no universal definition of this term, "several cases suggest that
[these types of services are] `predominately mental or intellectual, rather than physical or
manual."' Tex. Atty Gen Op. JM-940 (1988) (quoting Maryland Casualty Co. v. Cray
Water Co., 160 S.W. 2d 102 (Tex. Civ. App.—Eastland 1942, no writ). The Texas
Attorney General has also opined that "professional services" no longer includes only the
services of lawyers, physicians, or theologians, but also those members of disciplines
requiring special knowledge or attainment and a high order of learning, skill, and
intelligence. Id.
Facts needed to support a professional service exemption include the specialized
requirements of that profession and the mental and intellectual skill required by the person
while performing the service. Purchases of goods are not professional services.
• SOLE SOURCE — A procurement for items available only from one source
This exemption is commonly referred to as the sole source exemption. The fact that the
vendor in question has the best price or can meet our timing needs does not make a purchase
of a good or service available from only one source. A sole source does not exist solely on
the basis of personal or departmental preference or a desire to keep all units the same brand
or make. The information needed to support this exemption is documentation showing that
Page 5 of 6
no other provider can provide the service or category of good except for the vendor you
are proposing. Some examples of sole source purchases include (i) service agreements
when only one vendor is authorized to work on the equipment by the manufacturer and
allowing another vendor would void the warranty and (ii) purchase of a good that is
copyrighted or trademarked and only provided by one vendor.
Page 6 of 6
ADDENDUM TO PARTICIPATION AGREEMENT
BETWEEN
THE CITY OF FORT WORTH
AND
INTERTEK TESTING SERVICES NA, INC.
This Addendum to the Participation Agreement for Intertek NFPA 1850-2026 Verification
Program ("Addendum") is entered into by and between Intertek Testing Services NA, Inc.
("Vendor") and the City of Fort Worth ("City"), collectively the "parties."
The Contract documents shall include the following:
1. The Participation Agreement for Intertek NFPA 1850-2026 Verification Program;
2. Vendor's Project Proposal, Quote No. Qu-01603535-0; and
3. 252 Exemption; and
4. This Addendum.
Collectively, the contract documents shall be referred to herein as the "Agreement."
Notwithstanding any language to the contrary in the attached Participation Agreement and Quote,
as identified above, the parties stipulate by evidence of execution of this Addendum below by a
representative of each party duly authorized to bind the parties hereto, that the parties hereby agree
that the provisions in this Addendum below shall be applicable to the Agreement as follows:
1. Term. The Agreement shall commence upon the date signed by the Assistant City
Manager below ("Effective Date") and shall expire one year after ("Expiration Date"), unless
terminated earlier in accordance with the provisions of this Agreement or otherwise extended by
the parties. This Agreement may be renewed for up to four one-year renewal periods at the City's
option, each a "Renewal Term." The City shall provide Vendor with written notice of its intent to
renew at least thirty (30) days prior to the end of each term.
2. Termination.
a. Convenience. Either City or Vendor may terminate the Agreement at any
time and for any reason by providing the other party with 30 days written notice of
termination.
b. Breach. If either party commits a material breach of the 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 the Agreement, law, or equity, immediately terminate the Agreement by giving
written notice to the breaching party.
Addendum Page 1 of 8
C. Fiscal Funding Out. In the event no funds or insufficient funds are
appropriated by City in any fiscal period for any payments due hereunder, City will notify
Vendor of such occurrence and the 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.
d. Duties and Obliszations of the Parties. In the event that the Agreement is
terminated prior to the Expiration Date, City shall pay Vendor for services actually
rendered up to the effective date of termination and Vendor shall continue to provide City
with services requested by City and in accordance with the Agreement up to the effective
date of termination. Upon termination of the Agreement for any reason, Vendor shall
provide City with copies of all completed or partially completed documents prepared under
the 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
City in a machine readable format or other format deemed acceptable to City.
3. Compensation. City shall pay Vendor in accordance with the fee schedule of
Vendor personnel who perform services under this Agreement in accordance with the provisions
of this Agreement. The above notwithstanding, total payment made under this Agreement for each
year by City shall not exceed One hundred thousand dollars ($100,000.00). Vendor shall not
perform any additional services, bill for expenses incurred for City, or issue charges not specified
by this Agreement unless City requests and approves in writing the additional costs for such
services. City shall not be liable for any additional expenses of Vendor not specified by this
Agreement unless City first approves such expenses in writing. Notwithstanding any language to
the contrary, fees charged by Vendor are those authorized by its project proposal and as quoted in
the documents attached to this Addendum. Billing rates or charges may not be adjusted or issued
without the mutual written consent of the parties.
4. Attorneys' Fees, Penalties, and Liquidated Damages. To the extent the attached
Agreement requires City to pay attorneys' fees for any action contemplated or taken, or penalties
or liquidated damages in any amount, City objects to these terms and any such terms are hereby
deleted from the Agreement and shall have no force or effect.
5. Law and Venue. The Agreement and the rights and obligations of the parties hereto
shall be governed by, and construed in accordance with the laws of the United States and state of
Texas, exclusive of conflicts of laws provisions. Venue for any suit brought under the Agreement
shall be in a court of competent jurisdiction in Tarrant County, Texas. To the extent the Agreement
is required to be governed by any state law other than Texas or venue in Tarrant County, City
objects to such terms and any such terms are hereby deleted from the Agreement and shall have
no force or effect.
6. Sovereign Immunity. Nothing herein constitutes a waiver of City's sovereign
immunity. To the extent the Agreement requires City to waive its rights or immunities as a
government entity; such provisions are hereby deleted and shall have no force or effect.
Addendum Page 2 of 8
7. Limitation of Liability and Indemnity.
a. Vendor agrees the exclusions or limits of liability, as may be stated elsewhere
in the Agreement, shall not apply to the City's claim or loss arising from any of
the following: (a) Vendor's breach of its data security obligations; (b) Vendor's
misuse or misappropriation of the City's intellectual property rights, (c)
Vendor's indemnity obligations, or (d) any other obligations that cannot be
excluded or limited by applicable law. To the extent the Agreement, in any way,
requires City to indemnify or hold Vendor or any third party harmless from
damages of any kind or character, City objects to these terms and any such terms
are hereby deleted from the Agreement and shall have no force or effect.
b. GENERAL INDEMNIFICATION - VENDOR HEREBY
COVENANTS AND AGREES TO INDEMNIFY, HOLD
HARMLESS AND DEFEND CITY, ITS OFFICERS,
AGENTS, SERVANTS AND EMPLOYEES, FROM AND
AGAINST ANY AND ALL THIRD PARTY CLAIMS OR
LAWSUITS OF ANY KIND OR CHARACTER, WHETHER
REAL OR ASSERTED, FOR EITHER PROPERTY DAMAGE
AND/OR PERSONAL INJURY, INCLUDING DEATH, TO
ANY AND ALL PERSONS, TO THE EXTENT CAUSED BY
THE NEGLIGENT ACTS OR WILLFUL MISCONDUCT OF
VENDOR, ITS OFFICERS, AGENTS, SERVANTS OR
EMPLOYEES.
c. IP Indemnification. Vendor agrees to indemnify, defend, settle,
or pay, at its own cost and expense, including the payment of
attorney's fees, any third -party claim or action against the
City for infringement of any patent, copyright, trade mark,
service mark, trade secret, or other intellectual property right
arising from City's use of the Deliverable(s), or any part thereof,
in accordance with the Agreement, it being understood that the
agreement to indemnify, defend, settle or pay shall not apply if
City modifies or misuses the Deliverable(s). So long as Vendor
bears the cost and expense of payment for claims or actions
against the City pursuant to this section 9, Vendor shall 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 shall have the right
to fully participate in any and all such settlement, negotiations,
or lawsuit as necessary to protect the 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 the City for infringement arising under the Agreement,
the City shall have the sole right to conduct the defense of any
Addendum Page 3 of 8
such claim or action and all negotiations for its settlement or
compromise and to settle or compromise any such claim;
however, Vendor shall fully participate and cooperate with the
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, the City's assumption of
payment of costs or expenses shall not eliminate Vendor's duty
to indemnify the City under the Agreement. If the
Deliverable(s), 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 shall, at its own expense and as City's sole
remedy, either: (a) procure for City the right to continue to use
the Deliverable(s); or (b) modify the Deliverable(s) to make
them/it non -infringing, provided that such modification does
not materially adversely affect City's authorized use of the
Deliverable(s); or (c) replace the Deliverable(s) with equally
suitable, compatible, and functionally equivalent non -infringing
Deliverable(s) at no additional charge to City; or (d) if none of
the foregoing alternatives is reasonably available to Vendor,
terminate the Agreement. City may seek any and all remedies
available to City under law. VENDOR'S OBLIGATIONS
HEREUNDER SHALL BE SECURED BY THE REQUISITE
INSURANCE COVERAGE REQUIRED BY CITY.
8. No Mandatory Arbitration. To the extent the Agreement requires mandatory
arbitration to resolve conflicts, City objects to these terms and any such terms are hereby deleted
from the Agreement and shall have no force or effect.
9. No Debt. In compliance with Article 11 § 5 of the Texas Constitution, it is
understood and agreed that all obligations of City hereunder are subject to the availability of funds.
If such funds are not appropriated or become unavailable, City shall have the right to terminate the
Agreement except for those portions of funds which have been appropriated prior to termination.
10. Public Information. 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. To the extent the Agreement requires that City maintain records in violation of
the Act, City hereby objects to such provisions and such provisions are hereby deleted from the
Agreement and shall have no force or effect. In the event there is a request for information marked
Confidential or Proprietary, City shall 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.
Addendum Page 4 of 8
11. Addendum Controlling. If any provisions of the attached contract documents,
conflict with the terms herein, are prohibited by applicable law, conflict with any applicable rule,
regulation or ordinance of City, the terms in this Addendum shall control.
12. Right to Audit. Vendor agrees that City shall, until the expiration of three (3) years
after final payment under the Agreement, have access to and the right to examine any directly
pertinent books, documents, papers and records of Vendor involving transactions relating to the
Agreement. City shall give Vendor reasonable advance notice of intended audits.
13. Notices. Notices required pursuant to the provisions of this Agreement shall 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: William Johnson
Assistant City Manager
100 Fort Worth Trail
Fort Worth, TX 76102-6314
Facsimile: (817) 392-8654
With copy to Fort Worth City Attorney's Office at
same address
To VENDOR:
Intertek Testing Services NA, INC
3933 US Route 11,
Cortland, New York, 13045
United States PO Box 67827
Dallas, Texas 75247
14. Insurance. Vendor shall 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
work pursuant to thisAgreement:
Coverage and Limits
(a) Commercial General Liability:
$1,000,000 - Each Occurrence
$2,000,000 - Aggregate
Coverage shall be on any vehicle used by Vendor, its employees,
agents, representatives in the course of providing services under this
Agreement. "Any vehicle" shall be any vehicle owned, hired and
non -owned.
(b) Worker's Compensation:
Statutory limits according to the Texas Workers' Compensation Act
or any other state workers' compensation laws where the work is
Addendum Page 5 of 8
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
(c) 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 shall be claims -
made, and maintained for the duration of the contractual agreement
and for one (1) years following completion of services provided. An
annual certificate of insurance shall be submitted to City to evidence
coverage.
General Requirements
(d) The commercial general liability and automobile liability policies
shall name 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.
(e) The workers' compensation policy shall include a Waiver of
Subrogation (Right of Recovery) in favor ofCity.
(f) A minimum of Thirty (30) days' notice of cancellation or reduction
in limits of coverage shall be provided to City. Ten (10) days'
notice shall be
(signature page follows)
Addendum Page 6 of 8
[Executed effective as of the date signed by the Assistant City Manager below.] / [ACCEPTED
AND AGREED:]
CITY:
City of Fort Worth
By:
Name: William Johnson
Title: Assistant City Manager
Date: 06/23/2026
APPROVAL RECOMMENDED:
By.
Name: Raymond Hill
Title: Fire Chief
ATTEST:
nn�
♦8 'ae9� 0
p�V8 .g e
caann���goao
Name: Jannette Goodall
Title: City Secretary
VENDOR:
[ntertek Testing Services NA, Inc.
By:
Name: U a-Uarroa Andrew Rulison
Title: Manager
Date: 06-23-2026
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.
Name: Brenda Ray
Title: Fire Purchasing Manger
APPROVED AS TO FORM AND LEGALITY:
B:
Y
Name: Taylor Paris
Title: Senior Assistant City Attorney
CONTRACT AUTHORIZATION:
M&C: N/A
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Addendum Page 7 of 8
Addendum Page 8 of 8
FORT WORTH.
City Secretary's Office
Contract Routing & Transmittal Slip
Contractor's Name: INTERTEK TESTING SERVICES NA, INC.
Subject of the Agreement: New agreement between INTERTEK TESTING SERVICES NA, INC. and
City of Fort Worth which provides for verification of inspection, cleaning and fabric repair process.
M&C Approved by the Council? * Yes ❑ No 8
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 contract 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: date ACM signs
one year after ACM signs
If different from the approval date. If applicable.
Expiration Date:
Is a 1295 Form required? * Yes ❑ No 8
*If so, please ensure it is attached to the approving M&C or attached to the contract.
Project 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 processing in the following 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.