HomeMy WebLinkAboutOrdinance No. 16,479 (Item 6.c.)ORDINANCE NO. 16,479
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
APPROVING THE CONTRACT WITH KFT FIRE TRAINING, LLC, FOR PREVENTATIVE
MAINTENANCE ON CERTAIN FIRE TRAINING PROPS AT THE BAYTOWN FIRE
TRAINING FIELD, AUTHORIZING PAYMENT THEREFOR IN AN AMOUNT NOT TO
EXCEED THIRTEEN THOUSAND FIVE HUNDRED SIXTY-TWO AND NO/100
($13,562.00); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:
Section 1: That the City Council of the City of Baytown, Texas, hereby approves the contract with
KFT Fire Training, LLC, for preventative maintenance on certain fire training props at the Baytown Fire Training
Field, under terms and conditions in the attached contract in Exhibit "A" which is incorporated by reference as if
fully set forth herein.
Section 2: That the City Council of the City of Baytown, Texas, authorizes payment to KFT Fire
Training, LLC in an amount not to exceed THIRTEEN THOUSAND FIVE HUNDRED SIXTY-TWO AND
N0/100 ($13,562.00), pursuant to the agreement identified in Section 1 hereof.
Section 3: That pursuant to the provisions of Texas Local Government Code Annotated §252.048,
the City Manager is hereby granted general authority to approve any change order involving a decrease or an
increase in costs of FIFTY THOUSAND AND NO/100 DOLLARS ($50,000.00) or less, subject to the provision
that the original contract price may not be increased by more than twenty five percent (25%) or decreased by more
than twenty five percent (25%) without the consent of the contractor to such decrease.
Section 4: This ordinance shall take effect immediately from and after its passage by the City
Council of the City of Baytown.
INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of Baytown
this the 28`h day of May, 2026.
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ANGELA JWC SON, City CterK <o
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APPROVED AS TO
VJUSTIN HOL ES, Assistant City Attorney
ES JO N Mayor
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KFT
3 December 2025
Baytown Fire Department
7022 Baytown Drive
Baytown, TX 77520
Provider (Please see address change):
KFT Fire Trainer, LLC.
5 Pearl Court, Unit D
Allendale, NJ 07401
KFT Fire Trainer, LLC
5 Pearl Court. Unit D Allendale, NJ 07401 USA
Tel. +1 201+300+8100
into-usfdkh.firelrainer.com
KFT is pleased to provide this contract proposal which includes costing options for both preventative
maintenance (PM) and preventative/corrective maintenance. KFT's maintenance focus is to augment
the operator maintenance currently being performed by your team. Subject to all temts and conditions,
the following services are provided:
1. Preventative Maintenance Only. This plan includes up to two (2) scheduled visits per year by a
factory -certified technician. Work will be performed on items as described in the Operations and
Maintenance manual provided at time of equipment delivery. This does not include unplanned
corrective maintenance required due to inoperable or damaged equipment. Corrective
maintenance is quoted separately.
2. Preventative/Corrective Maintenance Service. This plan includes up to two (2) preventative
maintenance visits per year including unplanned corrective maintenance work to KFT supplied
and installed equipment. Work will be performed on items as described in the Operations and
Maintenance manual provided at time of equipment delivery. At time of PM, training is available
either for new instructors or to refresh the current training team. This plan does not include system
upgrades due to obsolete or unsupported hardware and/or software components.
EXHIBIT "A"
KFT Fire Trainer, LLC
5 Pearl Court, Unit D Allendale, NJ 07401 USA
Tel. I201+300+8100
info-us(alkft.firetrainer.com
Preventative/Correcti vc
Service PM Maintenance
On -site support - KFT employs a first available tech
strategy to arrive, troubleshoot and correct any issues
with the trainer subject to parts availability. If parts
are required but not available, the tech will return at
such time when the parts have arrived on site for
installation. NA X
Replacement parts, and labor for all repairs
upgrades are not considered repairs) NA X
Check the operating performance of all fireplaces
and adjust as required. Flame height at all levels and
agent detection responses X X
Clean and/or replace all filter elements x x
Inspect all fans and blowers and lubricate all
bearings (Repairs only for KFT installed equipment) X X
Inspect all pilot spark igniters and replace as required
X X
Inspect and clean all pilot spark flame rods, replace
as necessary X X
Inspect the fuel control station and adjust as required.
Confirm sensor settings and adjust as required
X X
Clean the fuel control station inlet strainer X X
Inspect and calibrate all gas detection assemblies
X X
Inspect and adjust all smoke generators X X
Inspect the Programmable Logic Controller battery
and replace as required X X
Check and Confirm latest PLC Ladder Logic is
installed (updates performed as required) X X
Clean all equipment cabinets X X
Service report provided X X
On Call Phone Support - KFT provides return call
service by a KFT Technician within 12-24 hours of
receiving the customers initial call for assistance. X X
Discounted parts from KFT All replacement parts
X included
Remote access support (must have Ewen) X X
KFT
1. KFT Equipment included in contract proposal:
T500 two (2) fireplaces
Bed fire w/flashover
Car fire
2. Pricing structure:
KFT Fire Trainer, LLC
5 Pearl Court, Unit D Allendale, NJ 07401 USA
Tei. +1 201+300+8100
info-us(kft. firetraineccom
Plan Choice 1 1 year 3 ear* 1 5 ear*
PM/Corrective Maintenance I $ 13,562.00 40,686.00 1 $ 67,810.00
Customers can save when selecting multi -year plans.
3. Customers must provide agent to trainer equipment during preventative maintenance visits.
4. Additional items that are optional: Smoke Fluid, Span Gas, Annual 1402 inspection.
5. KFT Secure Remote Monitoring Device (EWON): Optional device available to the customer to
ease KFT technician assistance daring the troubleshooting process. Equipment price is $2,200
and installed during the first preventative maintenance session. (Customer required to provide a
permanent hotspot).
6. KFT is not responsible for the following areas:
a. Tank Farms, Supply Lines and all components not supplied and installed by KFT.
b. Exhaust ventilation system (unless originally installed by KFT). If originally
installed, service only covers fan belts, motors and gear box.
c. System hardware that has been abused or damaged.
d. System hardware that has been repaired, modified, or replaced by third parties while
under contract with KFT.
e. Loss of owner's ability to train because of conditions beyond KFT's control.
7. Time and Material pricing structure. Unplanned (Corrective) Support (without coverage) Cost
are billed at the following rates:
Labor $190.00 per hour
Travel time $140.00 per hour
Parts and materials List minus 10%
Airfare Actual cost
KFT Fire Trainer, LLC
5 Pearl Court, Unit 0 Allendale, NJ 07401 USA
Tel.+1 201+300+8100
info -us (4),kfLf retrainer.con,
8. Please refer all questions to Valerie Arsen Valerie. arsenna,kft.tiretrainer.com 201-741-7319.
9. Please sign the signature page of this proposal indicating your plan selection, number of years,
planned start date and PO Number.
a. If you do not supply formal PO documents, KFT can supply an Order Acknowledgement
form for your signature.
b. If you choose to pay by credit card, a fee of 4% will be added to the payment amount.
KFT"
Signature Page
Accepted by:
KFT Fire Trainer, LLC
5 Pearl Court. Unit D Allendale. NJ 07401 USA
Tel.+1 201+300+8100
info-u500.0retrainer.com
X b /' le"Na-714 -FIr2r`_ (MIFF
Customer Signature Print Name & Title
Plan Choice: Preventative/Corrective Maintenance
PO #:
PO Amount $13,562.00
KFT Fire Trainer Signature
Number of years: 1
Start Date: 5/1/2026
Mirza Lane, Executive Director
Print Name&Title
Billing Address: Shipping Address:
7022 Bayway Drive 7022 Bayway Drive
Baytown, TX 77520 Baytown, TX 77520
Contact: Contact Email:
Margaret Vargas baytown.orgMargaret.Vargas@baytown.org
FireAcctsPayable@baytown.org
Phone: Fax:
281) 691-6712 N/A
KFT
KFT Terms and Conditions -Maintenance Contracts
ARTICLE 1: WORK KFT Fire Trainer shall provide the
equipment data, services and/or training listed in accordance
with KFT Fire Trainer formal quotation, statement of work and
specifications.
ARTICLE 2: FACILITIES FURNISHED BY BUYER Without
cost to KFT Fire Trainer, Buyer shall furnish the necessary
site, easements, facility, utilities, access and other to allow for
the proper maintenance services to be provided, and water, air,
light, and power at the locations of the work sufficient for KFT
Fire Trainer to fulfill its responsibility requirements, identified
in the aforesaid Statement of Work (Attachment 1). Buyer
shall also identify and provide such permits, priorities or other
order of public authorities as may be necessary for KFT Fire
Trainer to perform the maintenance work described in of the
aforesaid Statement of Work (Attachment 1)on a non-
interference basis. Buyeragrees to provide a safe and secure
workplace for KFT Fire Trainer personnel including but not
limitedto:
a) Buyer will provide us with an overview ofthe knownsite hazards
prior to work beginning.
h) Buyer will provide utility and other system connections in a
condition that is safe and properly locked/tagged out in
accordance with appropriate OSHA regulations in order to
ensure the safety of KFT Fire Trainer personnel.
c) Buyer will provide appropriate work area controls so as to
prevent unauthorized access to the area where work being
performed by KFT Fire Trainer personnel is occurring: and
d) Buyer will remove and remediate any waste or hazardous
materials in accordance with applicable laws and regulations.
a) Buyer agrees to complete all required maintenance of KFT
equipment as specified in the Operation and Maintenance
Manual or other documentation provided at time of delivery.
Buyer shall maintain accessible records documenting all
maintenance performed. .Any improper handling of the
equipment provided requiring KFT corrective maintenance
may result in KFT invoicing said work; provided KFT has the
written consent of the buyer.
ARTICLE 3: BUYER'S REPRESENTATIVE Buyer shall provide
a representative authorized to act for Buyer under this contract.
The representative shall be available during normal working
hours as often as may be necessary to implement Buyer's
responsibilities under this contract.
All formal correspondence under this contract shall beaddressed
to and forwarded from the parties' representatives as identified
and to the addresses specified below
BUYER:
Buyer To Provide Name and Address In Writing
SELLER:
Contracts Program Manager
KFT Fire Trainer, LLC
5 Pearl Court, Unit D
Allendale, NJ 07401 USA
KFT Fire Trainer, LLC
5 Pearl Court, Unit D Allendale, NJ 07401 USA
TeL +1 201+300+8100
Fax.1+201+300+8101
info-us(d O.firetrai nercom
site in accordance with schedule set forth in its quotation.
ARTICLE 5: DELAYS AND EXTENSION OF TIME
Notwithstanding any contract provisions to the contrary,
Contractor's acceptance is conditioned on being allowed
additional time for the performance of the Work due to delays
beyond its reasonable control including, but not limited to, the
Force Majeure events set forth in Article 13, and/or the act,
omission, neglectfault or default of others not under the control of KFT
Fire Trainer. The additional time allowed shall be, ata period equivalent
to the delay. ARTICLE
6: CONTRACT PRICE AND PAYMENTS The price to be
paid by Buyer to KFT Fire Trainer for the performance of the work
specified in Article 1 hereof shall be as set forth in KFT Fire Trainer
quotation, which price includes all taxes or contributions at
the present rate imposed by the Federal or State governments on
KFT Fire Trainer payrolls and compensation to itsemployees. The
contract price is based on one mobilization to unload the material
and another when KFT Fire Trainer begins installation. Buyer
shall be responsible for the cost of any additional mobilizations
to the extent they are caused by the delay of Buyer or
its subcontractors The cost of additional mobilizations shall be
set forth in KFT Fire Trainer quotation. Payments
shall be made to KFT Fire Trainer at a frequency as set
forth in KFT Fire Trainer quotation pursuant to buyer procurement
policies and requirements. Paymentwith respect to goods
ordered is due 30 days following receipt of goods or receipt
of invoice, whichever is later. ARTICLE
7: ENTIRE CONTRACT a)
These terms and conditions along with KFT Fire Trainer quotation
shall constitute the entire agreement between the parties
with respect to the subject matter hereof. b)
This contract shall supersede all prior oral and written agreements,
communications and documents between the parties
with respect to the subject matter hereof. c)
No agreement or understanding in anyway modifying these terms
and conditions will be binding upon KFT Fire Trainer unless
made in writing and signed by an authorized employee
of Buyer and KFT Fire Trainer. d)
The invalidity, in whole or in part, of any of the foregoing articles
or paragraphs of these Terms shall not affect the remainder
of such articles or paragraphs or any other article or
paragraph of these Terms, which shall continue in full force
and effect. a)
This contract will not auto renew. At the conclusion of the
term agreed upon by the buyer and seller, the buyer must
sign a new contract. This process shall begin no less than
60 days prior date of expiration of the current contract. ARTICLE
8: INCREASE IN COST If the contract delivery schedule
is greater than twelve (12) months, the Contract Price may
be adjusted annually on the anniversary of the execution date
to reflect increases in material and labor costs. If the Producer
Commodity Prices for Metals and Metal Products Index"
increases by 30% or more, the KFT Fire Trainer reserves the
right to increase the contract price by3%. ARTICLE
4: TIME OF COMPLETION KFT Fire Trainer will deliver the
equipment data and/or services to the Buyer's designated ARTICLE
9: INSPECTION AND ACCEPTANCE a)
INSPECTION -During the progress ofthe work and up to the Effective
July 1, 2024
KFT
date of equipment acceptance, KFT Fire Trainer shall at all times
afford the Buyer every reasonable, safe and proper opportunity for
inspecting all work done.
b) ACCEPTANCE - Within five (5) days of completion of the
maintenance services, KFT Fire Trainer shall notify Buyer in writing
of the date completion. The Certificate of Acceptance, included as
Attachment 1, shall be signed by Buyer at successful completion of
each maintenance service.
ARTICLE 10: WARRANTY
a) KFT Fire Trainer warrants to Buyer that any part will be free
from defects in materials or workmanship for a period of
twelve It 2) months (but not longer than its useful life) from the
date of part shipment.
b) Warranty adjustment
1. If any defect appears within the warranty period, Buyer
shall provide KFT Fire Trainer written notice.
2. Buyer's sole and exclusive remedy shall be for KFT Fire
Trainer to repair or furnish a replacement part for any
part, which, upon test and examination by KFT Fire
Trainer, proves defective within the abovewarranty.
c) Exclusions from Warranty
1. THE FOREGOING WARRANTIES ARE THE SOLE
AND EXCLUSIVE WARRANTIES GIVEN BY KFT FIRE
TRAINER IN CONNECTION WITH THE SERVICES
PERFORMED AND PRODUCTS PROVIDED
HEREUNDERAND ARE IN LIEU OF ALL OTHER
WARRANTIES OF ANY KIND, WHETHER EXPRESS
OR IMPLIED, ORAL OR WRITTEN, WHICH ARE
HEREBY DISCLAIMED AND EXCLUDED BY KFT
FIRE TRAINER. INCLUDING WITHOUT LIMITATION
ANY WARRANTY OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE OR USE.
2. The warranty does not extend or apply to any part of
which the part or equipment has been subjected to
misuse, neglect, accident, or improper use in violation of
any KFT Fire Trainer operator's manual.
The warranty does not extend or apply to any part of which the
part or equipment has been repaired, altered, or disconnected by
any party other than KFT Fire Trainer unless under the direction
of KFT Fire Trainer.
ARTICLE 11: INSURANCE KFT Fire Trainer shall
carry Commercial General Liability Insurance and shall comply
with Worker's Compensation Laws relating to the compensation of
its injured workmen andwill provide Buyer withal Certificate of
Insurance upon request. Buyer shall be responsible forand,at
Buyer's option and expense shall insure againsttheft,
vandalism, or all other damage to, destruction of and loss of
use of Buyers existing property and all deliverable Article 1
equipment, due to fire or other perils, after acceptance,
however caused.
ARTICLE 12: FORCE MAJEURE: Under no circumstances
shall either party be liable for any loss. damage or delay due to
any cause beyond either party's reasonable controlincluding but
not limited to acts of government. acts of terrorism. strikes, lockouts,
other labor disputes, fire, explosion, theft, weather damage,
flood, earthquake, riot, civil commotion, war, mischief, or
act of God. KFT
Fire Trainer, LLC 5
Pearl Court, Unit D Allendale, NJ 07401 USA Tel.+
1 201+300+8100 Fax.
1+201+300+8101 info-
us(dkft.fimtrainer.com ARTICLE
13: PROPRIETARY INFORMATION "Proprietary Information"
shall mean all information, data, manuals, drawings, designs,
or software disclosed by, authorized to be disclosed by, or
otherwise obtained from KFT Fire Trainer, LLC, its affiliates or subsidiaries,
in connection with this contract (including the Statement
of Work) required by law unless the Buyer has received
KFT Fire Trainers express written consent to the contrary,
Buyer shall: (a) use the Proprietary Information solely for
the purposes of this contract, and not forany other purpose including,
without limitation, designing, manufacturig or selling similar
equipment), (b) safeguard the Proprietary Information to prevent
its disclosure to or use by third parties, (c) not disclose the
Proprietary Information to any third parry: and (d) not reverse engineer,
disassemble, or decompile the Proprietary Information. Except
that with respect to(c), Buyer may disclose Proprietary Information
to a third party contracted by Buyer to perform emergency
repair work for the Buyer, where the item or process concerned
is not otherwise reasonably within Buyer's capabilities
to enable timely performance of the work, provided that
the disclosure of information shall be made solely for the purpose
of repairwork for Buyer, unless otherwise required by law,
and shall be provided together with the legend below. The attached
legend (Attachment A) shall be completed and included
on any reproduction which includes any Proprietary Information.
Notwithstanding
the foregoing, it is expressly understood and agreed
that should the Customer receive a request for information
that KFT claims is proprietary, the Customer shall notify
KFT in writing of the request and KFT shall have the sole responsibility
to make arguments to the New Jersey Attorney General (
the "AG") why such information should not be disclosed.
The parties agree that the City shall be entitled to rely on
the decision of the AG without being in default hereof of liable to
KFT. ARTICLE
14: GOVERNING LAWS The laws of the state of New
Jersey USA excluding its conflict of laws or provisions, shall govern
the terms of this Agreement and all rights and obligations hereunder
No conflict of laws or provisions will be applicable. Any
disputes arising from this agreement shall venue in the Courts
of New Jersey. ARTICLE
15: ASSIGNMENT: Notwithstanding anything in this agreement
KFT Fire Trainer reserves their right to assign the duties
under this agreement to an affiliate or subsidiary ARTICLE
16: EXPORT CONTROL Buyer agrees to conduct its operations
under this Contract and perform all its responsibilities in
full compliance with export and other foreign trade controls under
any applicable United States (U.S.) laws restricting sales or
transfers to other countries or parties of commodities, software,
technology, or technical data. Any other provision of this
Contract to the contrary notwithstanding, Buyer agrees
that no commodities, software, technology. or technical
data of U.S. origin or with U.S. origin content will be sold,
exported, re-exported or transmitted except in full compliance
with all applicable laws, including all relevant U.S. government
requirements. In addition. Buyer shall comply with
all applicable laws, including U.S. government requirements,
governing the transfer of information and items to
U.S. embargoed and sanctioned countries and denied and
restricted parties. Any violation of this section, as determined
solely by KFT Fire Trainer, shall be deemed a material
breach of this Contract. Effective July 1, 2024
KFT
ARTICLE 17: COMPLIANCE WITH LAWS Buyer represents,
warrants, certifies and covenants (collectively "Covenants") that
it will comply with all laws applicable to the goods, services and/or
the activities contemplated or provided under these Terms,
including, but not limited to, any national, international, federal,
state, provincial or local law, treaty, convention, protocol,
common law, regulation, directive or ordinance and all lawful
orders including judicial orders, rules and regulations issued
thereunder
ARTICLE 18: FEDERAL ACQUISITION REGULATIONS The
components, equipment and services proposed by Seller are
commercial items as defined by the Federal Acquisition
Regulations ("FAR") and the prices in any resulting contract and
in any change proposal are based on Seller's standard
commercial accounting policies and practices which do not
consider any special requirements of U.S. Government cost
principles and do not meet the requirements of Part 31 of the
FAR or any similar procurement regulations. Seller agrees only
to perform a contract for the sale of a commercial item on a fixed -
price basis. In addition, Seller will not agree to submit or certify to
any cost or pricing data nor will Seller agree to any requirements
to establish price reasonableness under FAR Part 15 or such
similar regulations. In stating its position, Seller refers to FAR
Part 12 - "Acquisition of Commercial Items." All Sales under
3.000 are made pursuant to FAR Part 13, Simplified
Acquisitions,
ARTICLE 19: EARLY TERMINATION For each Service
Contract terminated by Customer after the Service
Commencement Date, but before the end of the then -current
Service Term. Customer guarantees to provide 60 day written
notice of termination of contract. Customer will compensate
KFT for all open invoices and work performed up to the
termination date. KFT may choose to discontinue the Service
because of a default by Customer. KFT shall likewise provide
60 day written notice to the Customer and shall complete all
scheduled work promised up to the date of termination.
ARTICLE 20: PERIOD OF PERFORMANCE KFT Fire Trainer
will initiate Technical Support at the buyer/owners facility
following the receipt and subsequent acceptance of a formal
maintenance contract or purchase order. All equipment to be
included in this agreement shall be listed on this agreement and
is subject to inspection by KFT Fire Trainer, prior to
commencement date. KFT shall conduct an operability inspection
of all the equipment. Any noted deficiencies shall be corrected and
billed to the customer at the stated rates for time and material.
Attachment A: Limited Rights Legend
Contract
No. Buyer:
Contractor: KFT Fire Trainer, LLC
Acceptance of the attached or enclosed proprietary information
shall indicate your agreement to the following:
Unless required by law or unless the recipient of this Proprietary
Information has received KFT Fire Trainer's express written
consent to the contrary, the recipient shall: (a) use the Proprietary
Information solely for the purposes of the above identified
KFT Fire Trainer, LLC
5 Pearl Court, Unit D Allendale, NJ 07401 USA
Tel.+1 201+300+8100
Fax.t+1+300+8101
info-
20
ussr-kit retrainer+wm
contract, and not for any other purpose (including, without limitation,
designing manufacturing or selling similar equipment), (b)
safeguard the Proprietary Information to prevent its disclosure to
or use by third parties, (c) not disclose the Proprietary Information
to any third party; and (d) not reverse engineer, disassemble, or
decompile the Proprietary Information.
All Proprietary Information property of KFT Fire Trainer, LLC
Effective July 1, 2024