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Home My WebLink AboutContract 56551 CSC No. 56551 FORT WORTH CITY OF FORT WORTH COOPERATIVE PURCHASE AGREEMENT This Cooperative Purchase Agreement ("Agreement") is entered into by and between TruGreen Limited Partnership ("Vendor")and the City of Fort Worth,("City"), a Texas home rule municipality. The Cooperative Purchase Agreement includes the following documents which shall be construed in the order of precedence in which they are listed: 1. This Cooperative Purchase Agreement; 2. Exhibit A— Seller's Quote, Scope of Services or Purchase Order; 3. Exhibit B—Cooperative Agency Contract (e.g.,NJPA, DIR, BuyBoard); and 4. Exhibit C—Conflict of interest Questionnaire. Exhibits A, B, and C which are attached hereto and incorporated herein, are made a part of this Agreement for all purposes. Vendor agrees to provide City with the services and goods included in Exhibit A pursuant to the terms and conditions of this Cooperative Purchase Agreement, including all exhibits thereto. City shall pay Vendor in accordance with the fee schedule in Exhibit A and in accordance with the provisions of this Agreement. Total payment made under this Agreement for the first year by City shall be in the amount of up to Ninety-Eight Thousand Dollars ($98,000.00). Vendor shall not provide any additional items or 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 shall not be liable for any additional expenses of Vendor not specified by this Agreement unless City first approves such expenses in writing. The term of this Agreement shall be for one year beginning on March 1, 2021 and ending on February 28, 2022. City shall be able to renew this agreement for two (2) one-year renewal options by written agreement of the parties. Vendor agrees that City shall, 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 shall have access during normal working hours to all necessary Vendor facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. City shall give Vendor reasonable advance notice of intended audits. 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, OFFICIAL RECORD Cooperative Purchasing Agreement CITY SECRETARY v.1.0 FT.WORTH, TX 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: To VENDOR: City of Fort Worth TruGreen Limited Partnership Attn: Fernando Costa, Assistant City Manager Attn.: Ben Kopriva 200 Texas Street 7501 Airport Freeway Fort Worth, TX 76102-6314 Richland Hills, TX 76118 Facsimile: (817) 392-8654 Facsimile: 512-388-0798 With copy to Fort Worth City Attorney's Office at same address [SIGNATURES ON THE FOLLOWING PAGE] The undersigned represents and warrants that he or she has the power and authority to execute this Agreement and bind the respective Vendor. Cooperative Purchasing Agreement 2 of 3 V.1.0 CITY OF FORT WORTH: CONTRACT COMPLIANCE MANAGER- By signing I acknowledge that I am the person By. Vale rieWashington(Oct 26,202109:43 CDT) responsible for the monitoring and administration Name: Valerie Washington of this contract, including ensuring all Title: Assistant City Manager performance and reporting requirements. Date: Oct 26,2021 APPROVAL RECOMMENDED: By: C % Name: Clinton Wyatt Title: District Superintendent Park&Recreation Department By. Richard Zavala(Oct 21,,�' CDT) Name: Richard Zavala Title: Director By: Michaag-rovyrOct 21,202106:45 CDT) Park&Recreation Department Name: Michael Tovar Title: District Superintendent Park&Recreation Department Sandra You n d(Oct 21,202109:26 CDT) Name: Sandra Youngblood APPROVED AS TO FORM AND LEGALITY: Title: Assistant Director Park& Recreation Department /W— ATTEST: By: Nico Arias(Oct25,202116:22 CDT) Name: Nico Arias D� Title: Assistant City Attorney By: r �� CONTRACT AUTHORIZATION: Name: Ronald P. Gonzales M&C: NIA Title: Acting City Secretary oaq�FpRla p�F° °O4 a& ° d VENDOR: �0, *�d �� °°°OO°0°°°°°° b TruGreen Limited Pa ershi a��EXpSb°G By: —rA am : Edward Alson Title: Market General Manager Date: OFFICIAL RECORD CITY SECRETARY Cooperative Purchasing Agreement FT.WORTH, TX V.1.0 Exhibit A TRUGREEN 7501 Airport Freeway P:817-825-6882 HoldenFoster@trugreenmail.com Richland Hills,Tx 76118 F:817-595-0253 shannancooper@trugreenmail.com Go greener- Bill To: City of Fort Worth Contact: Clint Wyatt Address: 200 Texas Street Phone: 817.475.2116 Fort Worth,Tx. Email: Clinton.Wyatt@fortworthtexas.gov BUYBOARD Contract#: 639-21 Property Address Buyboard Description Qty Per acre pricing Measurement)acres) Unit Price Extended Price Subtotal Item 13:Pre emergent herbicide Lancaster Medians 1701 COMMERCE ST applciation for lawns 4 117.35 2.4 $281.64 $1,126.56 item 12: Fertilizer application for Lancaster Medians 1701 COMMERCE ST lawns 3 127.55 2.4 $306.12 $918.36 Item 14: Post Emergent Lancaster Medians 1701 COMMERCE ST Herbicide applciation for lawns 2 142.86 1.97 $281.43 $562.86 1 $2,607.78 Item 13:Pre emergent herbicide University Medians 2095 COLONIAL PARKWAY applciation for lawns 4 117.35 1.46 $171.33 $685.32 item 12: Fertilizer application for University Medians 2095 COLONIAL PARKWAY lawns 3 127.55 1.46 $186.22 $558.66 Item 14: Post Emergent University Medians 2095 COLONIAL PARKWAY Herbicide applciation for lawns 2 142.86 1.18 $168.57 $337.14 $1,581.12 Item 13:Pre emergent herbicide First Flight Park 2700 Mercedes applciation for lawns 4 117.35 0.84 $98.00 $392.00 item 12: Fertilizer application for First Flight Park 2700 Mercedes lawns 3 127.55 0.84 $107.14 $321.42 Item 14: Post Emergent First Flight Park 2700 Mercedes Herbicide applciation for lawns 2 142.86 0.66 $94.29 $188.58 Item 19:All Other Lawn Care Services-ornamnetal Bed weed First Flight Park 2700 Mercedes control 6 367.35 0.32 $117.55 $705.31 Item 19:All other Lawn Care Servicces-Ornamental First Flight Park 2700 Mercedes tree/shrub fertilizer 2 367.35 0.32 $117.55 $235.10 Item 19:All other Lawn Care Services-Ornamental First Flight Park 2700 Mercedes insect/disease control 3 367.35 0.32 $117.55 $352.65 Item 19:All other Lawn Care First Flight Park 2700 Mercedes Services-Fireant Control 1 367.35 0.6 $220.41 $220.41 Item 19:All other lawn Care Services-Monthly Irrigation First Flight Park 2700 Mercedes Inspection 8 367.35 0.24 $88.16 $705.28 $3,120.75 Item 13:Pre emergent herbicide Bryce Retention 4600 Bryce Ave applciation for lawns 4 117.35 0.85 $82.00 $328.00 item 12: Fertilizer application for Bryce Retention 4600 Bryce Ave lawns 3 127.55 0.85 $82.00 $246.00 Item 14: Post Emergent Bryce Retention 4600 Bryce Ave Herbicide applciation for lawns 2 142.86 0.7 $82.00 $164.00 Item 19:All Other Lawn Care Services-ornamnetal Bed weed Bryce Retention 4600 Bryce Ave control 11 367.35 0.12 $44.08 $484.90 Item 19:All other Lawn Care Servicces-Ornamental Bryce Retention 4600 Bryce Ave tree/shrub fertilizer 2 367.35 0.37 $140.00 $280.00 Item 19:All other Lawn Care Services-Ornamental Bryce Retention 4600 Bryce Ave insect/disease control 3 367.35 0.37 $140.00 $420.00 Item 19:All other Lawn Care Bryce Retention 4600 Bryce Ave Services-Fireant Control 1 367.35 0.76 $190.00 $190.00 Services-Monthly Irrigation Bryce Retention 2700 Mercedes Inspection 7 367.35 0.24 $89.00 $623.00 1 $2,735.90 Item 13:Pre emergent herbicide Lancaster Medians S.Riverside to 820 applciation for lawns 1 117.35 14.92 $1,750.86 $1,750.86 Item 14: Post Emergent Lancaster Medians S.Riverside to 820 Herbicide appiciation for lawns 1 142.86 14.92 $2,131.47 $2,131.47 $3,882.33 Item 13:Pre emergent herbicide Mansfield Highway Glen Eden to Miller applciation for lawns 1 117.35 4.06 $476.44 $476.44 Property Address Buyboard Description Qty Per acre pricing Measurement(acres) Unit Price Extended Price Subtotal Item 14: Post Emergent Mansfield Highway Glen Eden to Miller Herbicide applciation for lawns 1 142.86 4.06 $580.01 $580.01 $1,056.45 Item 13:Pre emergent herbicide John T.White Medians Eastchase to Bridgewood applciation for lawns 1 117.35 10.11 $1,186.41 $1,186.41 Item 14: Post Emergent John T.White Medians Eastchase to Bridgewood Herbicide applciation for lawns 1 142.86 10.11 $1,444.31 $1,444.31 $2,630.72 Item 13:Pre emergent herbicide Randol Mill Medians Oakland to E Loop 820 applciation for lawns 1 117.35 9.18 $1,077.27 $1,077.27 Item 14: Post Emergent Randol Mill Medians Oakland to E Loop 820 Herbicide applciation for lawns 1 142.86 9.18 $1,311.45 $1,311.45 $2,388.73 Item 13:Pre emergent herbicide Trinity Blvd Medians Greenbelt Rd to Airport Freewa,applciation for lawns 1 117.35 13.81 $1,620.60 $1,620.60 Item 14: Post Emergent Trinity Blvd Medians Greenbelt Rd to Airport Freewa,Herbicide applciation for lawns 1 142.86 13.81 $1,972.90 $1,972.90 $3,593.50 Item 13:Pre emergent herbicide E 1st Street Medians Haltom Road to Oakland Blv d applciation for lawns 1 117.35 0.9 $105.62 $105.62 Item 14: Post Emergent E 1st Street Medians Haltom Road to Oakland Blv d Herbicide applciation for lawns 1 142.86 0.9 $128.57 $128.57 Item 13:Pre emergent herbicide E 1st Street ROW's Haltom Road to Oakland Blv d applciation for lawns 1 117.35 9.7 $1,138.30 $1,138.30 Item 14: Post Emergent E 1st Street ROW's Haltom Road to Oakland Blv d Herbicide applciation for lawns 1 142.86 9.7 $1,385.74 $1,385.74 $2,758.23 Item 13:Pre emergent herbicide Beach Street Medians Western Center to Crab Apple applciation for lawns 1 117.35 2.2 $258.17 $258.17 Item 14: Post Emergent Beach Street Medians Western Center to Crab Apple Herbicide applciation for lawns 1 142.86 2.2 $314.29 $314.29 $572.46 Item 19:All Other Lawn Care Services-ornamnetal Bed weed NE Loop 820 and Beach Landscaped Median control 1 367.35 0.25 $91.84 $91.84 $91.84 Item 13:Pre emergent herbicide E Rosedale Medians 135 to S.Riverside applciation for lawns 4 117.35 1.2 $140.82 $563.28 item 12: Fertilizer application for E Rosedale Medians 135 to S.Riverside lawns 3 127.55 1.2 $153.06 $459.18 Item 14: Post Emergent E Rosedale Medians 135 to S.Riverside Herbicide applciation for lawns 2 142.86 1.2 $171.43 $342.86 Item 19:All Other Lawn Care Services-ornamnetal Bed weed E Rosedale Medians 135 to S.Riverside control 5 367.35 0.3 $110.21 $551.03 Item 19:All other Lawn Care Servicces-Ornamental E Rosedale Medians 135 to S.Riverside tree/shrub fertilizer 2 367.35 0.3 $110.21 $220.41 Item 19:All other Lawn Care Services-Ornamental E Rosedale Medians 135 to S.Riverside insect/disease control 3 367.35 0.3 $110.21 $330.62 Item 19:All other Lawn Care E Rosedale Medians 135 to S.Riverside Services-Fireant Control 1 367.35 1.2 $440.82 $440.82 $2,908.19 Item 13:Pre emergent herbicide Long Avenue Jacksoboro to 35 W applciation for lawns 1 117.35 11.8 $1,384.73 $1,384.73 Item 14: Post Emergent Long Avenue Henderson to 35 W Herbicide applciation for lawns 1 142.86 11.8 $1,685.75 $1,685.75 $3,070.48 Item 13:Pre emergent herbicide Basswood 135 to Teal applciation for lawns 1 117.35 9.2 $1,079.62 $1,079.62 Item 14: Post Emergent Baswood 135 to Teal Herbicide applciation for lawns 1 142.86 9.2 $1,314.31 $1,314.31 $2,393.93 Item 13:Pre emergent herbicide North Beach Street Crab Apple to Keller Hicks applciation for lawns 1 117.35 14.8 $1,736.78 $1,736.78 Item 14: Post Emergent North Beach Street Crab Apple to Keller Hicks Herbicide applciation for lawns 1 142.86 14.8 $2,114.33 $2,114.33 $3,851.11 Item 13:Pre emergent herbicide Golden Triangle 135 to S.Main applciation for lawns 1 117.35 13.3 $1,560.76 $1,560.76 Item 14: Post Emergent Goldent Triangle 135 to S.Main Herbicide applciation for lawns 1 142.86 13.3 $1,900.04 $1,900.04 $3,460.79 Item 13:Pre emergent herbicide Keller Hicks Road North Riverside to 377 applciation for lawns 1 117.35 1.9 $222.97 $222.97 Item 14: Post Emergent Keller Hicks Road Herbicide applciation for lawns 1 142.86 1.9 $271.43 $271.43 $494.40 Cleveland Gibbs to Wellington Item 13:Pre emergent herbicide Litsey Road Dr applciation for lawns 1 117.35 8.1 $950.54 $950.54 Cleveland Gibbs to Wellington Item 14: Post Emergent Litsey Road Dr Herbicide applciation for lawns 1 142.86 8.1 $1,157.17 $1,157.17 $2,107.70 McElroy to Northwest College Item 13:Pre emergent herbicide Old Decatur Road Dr applciation for lawns 1 117.35 4.2 $492.87 $492.87 McElroy to Northwest College Item 14: Post Emergent Old Decatur Road Dr Herbicide applciation for lawns 1 142.86 4.2 $600.01 $600.01 $1,092.88 Page 2 of 4 Property Address Buyboard Description Qty Per acre pricing Measurement(acres) Unit Price Extended Price Subtotal Item 13:Pre emergent herbicide North Riverside Drive Western Center to Keller Hicks applciation for lawns 1 117.35 10.6 $1,243.91 $1,243.91 Item 14: Post Emergent North Riverside Drive ? Herbicide applciation for lawns 1 142.86 10.6 $1,514.32 $1,514.32 $2,758.23 SOS2 Cromwell-Marine Creek Item 13:Pre emergent herbicide Anderson Park Rd applciation for lawns 1 117.35 12.9 $1,513.82 $1,513.82 SOS2 Cromwell-Marine Costek Item 14: Post Emergent ,Anderson Park Ed Herbicide applciation for lawns 1 142.86 12.9 $1,842.89 $1,84289 $3,356.71 Item 13:Pre emergent herbicide ,Arcadia Trail North Park applciation for lawns 1 117.35 6 $704.10 $704.10 Item 14: Post Emergent Arcadia Trail North Park Herbicide applciation for lawns 1 142.86 6 $857.16 $857.16 $1,561.26 Item 13:Pre emergent herbicide Chadwick Farms Park 15700 Cleveland Gibbs applciation for lawns 1 117.35 7.3 $SS6.66 $SS6.66 Item 14: Post Emergent Chadwick Farms Park 15700 Cleveland Gibbs Herbicide applciation for lawns 1 142.86 7.3 $1,042.88 $1,042.88 $1,899.53 Item 13:Pre emergent herbicide Crossing at Fossil Creek 6000 Mark IV Parkway applciation for lawns 1 117.35 4.3 $SO4.61 $SO4.61 Item 14: Post Emergent Crossing at Fossil Creek 6000 Mark IV Parkway Herbicide applciation for lawns 1 142.86 4.3 $614.30 $614.30 $1,118.90 Item 13:Pre emergent herbicide Kristi Jean Burbach 3529 Fossil Park applciation for lawns 1 117.35 3.3 $387.26 $387.26 Item 14: Post Emergent Kristi Jean Burbach 3529 Fossil Park Herbicide applciation for lawns 1 142.86 3.3 $471.44 $471.44 $858.69 Item 13:Pre emergent herbicide Paz Hernandez 3515 Ellis Ave applciation for lawns 1 117.35 0.4 $46.94 $46.94 Item 14: Post Emergent Paz Hernandez 3515 Ellis Ave Herbicide applciation for lawns 1 142.86 0.4 $57.14 $57.14 $104.08 Item 13:Pre emergent herbicide Reatta Park 9489 Sills Way applciation for lawns 1 117.35 7.9 $927.07 $927.07 Item 14: Post Emergent Reatta Park 9489 Sills Way Herbicide applciation for lawns 1 142.86 7.9 $1,128.59 $1,128.59 $2,OSS.66 Item 13:Pre emergent herbicide Remington Point Park 6050 Western Meadows applciation for lawns 1 117.35 9.8 $1,150.03 $1,150.03 Item 14: Post Emergent Remington Point Park 6050 Western Meadows Herbicide applciation for lawns 1 142.86 9.8 $1,400.03 $1,400.03 $2,550.06 Item 13:Pre emergent herbicide Summerbrook Park 4315 Huckleberry applciation for lawns 1 117.35 26.8 $3,144.98 $3,144.98 Item 14: Post Emergent Summerbrook Park 4315 Huckleberry Herbicide applciation for lawns 1 142.86 26.8 $3,828.65 $3,828.65 $6,973.63 Item 13:Pre emergent herbicide Traders Oak Park 1206 Samuels Ave applciation for lawns 1 117.35 1.5 $176.03 $176.03 Item 14: Post Emergent Traders Oak Park 1206 Samuels Ave Herbicide applciation for lawns 1 142.86 1.5 $214.29 $214.29 $390.32 Item 13:Pre emergent herbicide Trails of Fossil Creek 10451 Fossil Hollow applciation for lawns 1 117.35 11.5 $1,349.53 $1,349.53 Item 14: Post Emergent Trails of Fossil Creek 10451 Fossil Hollow Herbicide applciation for lawns 1 142.86 11.5 $1,642.89 $1,642.89 $2,992.42 Item 13:Pre emergent herbicide Edgewood Park 4501 East Berry applciation for lawns 1 117.35 1.8 $211.23 $211.23 Item 14: Post Emergent Edgewood Park 4591 East Berry Herbicide applciation for lawns 1 142.86 1.8 $257.15 $257.15 $468.38 Item 13:Pre emergent herbicide Ellis Park 3400 Riverside Drive applciation for lawns 1 117.35 1.9 $222.97 $222.97 Item 14: Post Emergent Ellis Park 3400 Riverside Drive Herbicide applciation for lawns 1 142.86 1.9 $271.43 $271.43 $494.40 Item 13:Pre emergent herbicide Fairfax Park 4000 Fairfax Ave applciation for lawns 1 117.35 3.9 $457.67 $457.67 Item 14: Post Emergent Fairfax Park 4000 Fairfax Ave Herbicide applciation for lawns 1 142.86 3.9 $557.15 $557.15 $1,014.82 Item 13:Pre emergent herbicide Lani ate Park 3751 S.Edgewood applciation for lawns 1 117.35 5.1 $598.49 $598.49 Item 14: Post Emergent ate Park 3751 S.Edgewood Herbicide applciation for lawns 1 142.86 5.1 $728.59 $728.59 $1,327.07 Item 13:Pre emergent herbicide Normandy Place 3421 Panola Ave applciation for lawns 1 117.35 1.7 $199.50 $199.50 Item 14: Post Emergent Normandy Place 3421 Panola Ave Herbicide applciation for lawns 1 142.86 1.7 $242.86 $242.86 $44236 Item 13:Pre emergent herbicide Post Oak Park 3830 Post Oak Blvd applciation for lawns 1 117.35 1.5 $176.03 $176.03 Item 14: Post Emergent Post Oak Park 3830 Post Oak Blvd Herbicide applciation for lawns 1 142.86 1.5 $214.29 $214.29 $390.32 Page 3 of 4 Property Address Buyboard Description Qty Per acre pricing Measurement(acres) Unit Price Extended Price Subtotal Item 13:Pre emergent herbicide Prairie Dog Park 5060 Parker Henderson Rd applciation for lawns 1 117.35 39.5 $4,635.33 $4,635.33 Item 14: Post Emergent Prairie Dog Park 5060 Parker Henderson Rd Herbicide applciation for lawns 1 142.86 39.5 $5,642.97 $5,642.97 $10,278.30 Item 13:Pre emergent herbicide Shackleford Park 4615 Shackleford St applciation for lawns 1 117.35 5.5 $645.43 $645.43 Item 14: Post Emergent Shackleford Park 4615 Shackleford St Herbicide applciation for lawns 1 142.86 5.5 $785.73 $785.73 $1,431.16 Item 13:Pre emergent herbicide Tadlock Park 4665 Eastline Dr applciation for lawns 1 117.35 3.8 $445.93 $445.93 Item 14: Post Emergent Tadlock Park 4665 Eastline Dr Herbicide applciation for lawns 1 142.86 3.8 $542.87 $542.87 $988.80 Item 13:Pre emergent herbicide Village Creek Park 4750 Wilbarger applciation for lawns 1 117.35 23.7 $2,781.20 $2,781.20 Item 14: Post Emergent Village Creek Park 4750 Wilbarger Herbicide applciation for lawns 1 142.86 23.7 $3,385.78 $3,385.78 $6,166.98 Item 13:Pre emergent herbicide William McDonald Park 5400 Eastland applciation for lawns 1 117.35 5.7 $668.90 $668.90 Item 14: Post Emergent William McDonald Park 5400 Eastland Herbicide applciation for lawns 1 142.86 5.7 $814.30 $814.30 $1,483.20 Subtotal $97,504.55 Tax Exempt Grand Total $97,504.55 Page 4 of 4 Exhibit B ■ P.D. Box 400,Austin,Texas 78767 VBoard 800.695.2919•info@buyboard.com •buyboard.com February 3, 2021 Sent Via Email: travisbrannon@trugreenmail.com Travis Brannon Trugreen 594 Greenhill Drive Round Rock, TX 78665 Welcome to BuyBoard! Re: Notice of The Local Government Purchasing Cooperative Contract Award; Proposal Invitation No. 639-21, Custodial and Lawn Care Services Congratulations, The Local Government Purchasing Cooperative (Cooperative) has awarded your company a BuyBoard® contract based on the above-referenced Proposal Invitation. The contract is effective for an initial one-year term of March 1, 2021 through February 28, 2022 and may be subject to two possible one-year renewals. Please refer to the Proposal Invitation for the contract documents, including the General Terms and Conditions of the Contract. To review the items your company has been awarded, please review Proposal Tabulation No. 639-21 at: www.buyboard.com/vendor. Only items marked as awarded to your company are included in this contract award, and only those awarded items may be sold through the BuyBoard contract. All sales must comply with the contract terms and must be at or below the awarded pricing as set forth in the General Terms and Conditions. The contract will be posted on the BuyBoard website as an online electronic catalog(s). You are reminded that, in accordance with the General Terms and Conditions, all purchase orders must be processed through the BuyBoard. Except as expressly authorized in writing by the Cooperative's administrator, you are not authorized to process a purchase order received directly from a Cooperative member that has not been processed through the BuyBoard or provided to the Cooperative. If you receive a purchase order directly from a Cooperative member that you have reason to believe has not been received by the Cooperative or processed through the BuyBoard, you must promptly forward a copy of the purchase order by email to info@buyboard.com. A list of Cooperative members is available on the buyboard.com website. On behalf of the Cooperative, we appreciate your interest in the Cooperative and we are looking forward to your participation in the program. If you have any questions, please contact Cooperative Procurement Staff at 800-695-2919 (select option "2"). Sincerely, Arturo Salinas Asst. Division Director, Cooperative Purchasing Texas Association of School Boards, Inc., Administrator for The Local Government Purchasing Cooperative v.oz.oi.zozi }M I T o Endorsed key � A'�TAS TNiL &578oard Cooperative Purchasing 12007 Research Boulevard • Austin,Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454 • buyboard.com PROPOSERrS AGREEMENT AND SIGNATURE Proposal Name: Custodial and Lawn Care Services Proposal Due Date/Opening Date and Time: October 22, 2020 at 4:00 PM Location of Proposal Opening: Texas Association of School Boards, Inc. BuyBoard Department Proposal Number: 639-21 12007 Research Blvd. Austin, TX 78759 Anticipated Cooperative Board Meeting Date: Contract Time Period: March 1, 2021 through January 2021 February 28, 2022 with two (2) possible one-year renewals. Trugreen 10/20/2020 Name of Proposing Company Date 594 Greenhill DR Street Address Signa ure of Aut or ed Company Official Round Rock Tx 78665 Travis Brannon City, State, Zip Printed Name of Authorized Company Official 5123883726 B D R Telephone Number of Authorized Company Official Position or Title of Authorized Company Official 5123880798 363734669 Fax Number of Authorized Company Official Federal ID Number Page 9 of 66 Proposal Forms CONST v.01.07.2020 &578oard Cooperative Purchasing 12007 Research Boulevard • Austin,Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454 • buyboard.com The proposing company ("you"or"your' hereby acknowledges and agrees as follows: 1. You have carefully examined and understand all Cooperative information and documentation associated with this Proposal Invitation, including the Instructions to Proposers, General Terms and Conditions, attachments/forms, item specifications, and line items (collectively"Requirements'; 2. By your response ("Proposal") to this Proposal Invitation, you propose to supply the products or services submitted at the prices quoted in your Proposal and in strict compliance with the Requirements, unless specific deviations or exceptions are noted in the Proposal; 3. Any and all deviations and exceptions to the Requirements have been noted in your Proposal and no others will be claimed; 4. If the Cooperative accepts any part of your Proposal and awards you a contract, you will furnish all awarded products or services at the prices quoted and in strict compliance with the Requirements (unless specific exceptions are noted in the Proposal and accepted by the Cooperative), including without limitation the Requirements related to: a. conducting business with Cooperative members, including offering pricing to members that is the best you offer compared to similar customers; b. payment of a service fee in the amount specified and as provided for in this Proposal Invitation; c. the possible award of a piggy-back contract by another governmental entity or nonprofit entity, in which event you will offer the awarded goods and services in accordance with the Requirements; and d. submitting price sheets or catalogs in the proper format as required by the Cooperative as a prerequisite to activation of your contract; 5. You have clearly identified on the included form any information in your Proposal that you believe to be confidential or proprietary or that you do not consider to be public information subject to public disclosure under a Texas Public Information Act request or similar public information law; 6. The individual signing this Agreement is duly authorized to enter into the contractual relationship represented by this Proposal Invitation on your behalf and bind you to the Requirements, and such individual (and any individual signing a form) is authorized and has the requisite knowledge to provide the information and make the representations and certifications required in the Requirements; 7. You have carefully reviewed your Proposal, and certify that all information provided is true, complete and accurate, and you authorize the Cooperative to take such action as it deems appropriate to verify such information; and 8. Any misstatement, falsification, or omission in your Proposal, whenever or however discovered, may disqualify you from consideration for a contract award under this Proposal Invitation or result in termination of an award or any other remedy or action provided for in the General Terms and Conditions or by law. Page 10 of 66 Proposal Forms CONST v.01.07.2020 &578oard Cooperative Purchasing 12007 Research Boulevard • Austin,Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454 • buyboard.com VENDOR CONTACT INFORMATION Name of Company: TruGreen Vendor Proposal/Contract Contact Name: Travis Brannon Vendor Proposal/Contract Contact E-mail Address: travlsbrannon@trugreenmail.com Vendor Contact Mailing Address for Proposal/Contract Notices: 594 Greenhill dr Round Rock Tx 78665 Company website: trugreencommercial.com Purchase Orders: All purchase orders from Cooperative members will be available through the Internet. Vendors need Internet access and at least one e-mail address so that notification of new orders can be sent to the Internet contact when a new purchase order arrives. An information guide will be provided to vendors to assist them with retrieving their orders. Please select options below for receipt of purchase orders and provide the requested information: ❑ I will use the internet to receive purchase orders at the following address: Purchase Order E-mail Address: travlsbrannon@trugreenmail.com Purchase Order Contact: Travis Brannon Phone: 2104879954 Alternate Purchase Order E-mail Address: KevinStillwell@trugreenmail.com Alternate Purchase Order Contact: Kevin Stillwell Phone: 5123883726 ❑ Purchase orders may be received by the Designated Dealer(s) identified on my company's Dealer Designation form as provided to the Cooperative administrator. I understand that my company shall remain responsible for the Contract and the performance of all Designated Dealers under and in accordance with the Contract. Request for Ouotes ("RFO"): Cooperative members will send RFQs to you by e-mail. Please provide e-mail addresses for the receipt of RFQs: RFQ E-mail Address: travlsbrannon@trugreenmail.com RFQ contact: Travis Brannon Phone: 2104879954 Alternate RFQ E-mail Address: KevinStillwell@trugreenmail.com Alternate RFQ Contact: Kevin Stillwell Phone: 5123883726 Page 11 of 66 Proposal Forms CONST v.01.07.2020 &578oard Cooperative Purchasing 12007 Research Boulevard • Austin,Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454 • buyboard.com Invoices: Your company will be billed monthly for the service fee due under a contract awarded under this Proposal Invitation. All invoices are available on the BuyBoard website and e-mail notifications will be sent when they are ready to be retrieved. Please provide the following address, contact and e-mail information for receipt of service fee invoices and related communications: Please choose only one (1) of the following options for receipt of invoices and provide the requested information: 0 Service fee invoices and related communications should be provided directly to my company at: Invoice Mailing address: Marthaalanis@trugreenmail.com Department: Accopunts payable City: State: Zip Code: Contact Name: Martha Alanis Phone: 713-539-9416 Invoice Fax: 901-251-6755 Invoice E-mail Address: Marthaalanis@trugreenmail.com Alternative Invoice E-mail Address: Kevinstillwell@trugreenmail.com ❑ In lieu of my company, I request and authorize all service fee invoices to be provided directly to the following billing agent": Billing agent Mailing address: Department: City: State: Zip Code: Billing Agent Contact Name: Phone: Billing Agent Fax: Billing Agent E-mail Address: Alternative Billing Agent E-mail Address: **If Vendor authorizes a billing agent to receive and process service fee invoices, in accordance with the General Terms and Conditions of the Contract, Vendor specifically acknowledges and agrees that nothing in that designation shall relieve Vendor of its responsibilities and obligations under the Contract including,but not limited to,payment of allservice fees under any Contract awarded Vendor. Page 12 of 66 Proposal Forms CONST v.01.07.2020 &578oard Cooperative Purchasing 12007 Research Boulevard • Austin,Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454 • buyboard.com FELONY CONVICTION DISCLOSURE AND DEBARMENT CERTIFICATION FELONY CONVICTION DISCLOSURE Subsection (a) of Section 44.034 of the Texas Education Code (Notification of Criminal History of Contractor) states: "A person or business entity that enters into a contract with a school district must give advance notice to the district if the person or an owner or operator has been convicted of a felony. The notice must include a general description of the conduct resulting in the conviction of a felony." Section 44.034 further states in Subsection (b): "A school district may terminate a contract with a person or business entity if the district determines that the person or business entity failed to give notice as required by Subsection (a) or misrepresented the conduct resulting in the conviction. The district must compensate the person or business entity for services performed before the termination of the contract." Please check W) one of the following: ❑ My company is a publicly-held corporation. (Advance notice requirement does not apply to publicly-held corporation.) 0 My company is not owned or operated by anyone who has been convicted of a felony. ❑ My company is owned/operated by the following individual(s) who has/have been convicted of a felony: Name of Felon(s): Details of Conviction(s): By signature below, I certify that the above information is true, complete and accurate and that I am authorized by my company to make this certification. TruGreen Company Name Travis Brannon Signat re of Aut on ed Company Official Printed Name DEBARMENT CERTIFICATION Neither my company nor an owner or principal of my company has been debarred, suspended or otherwise made ineligible for participation in Federal Assistance programs under Executive Order 12549,"Debarment and Suspension,"as described in the Federal Register and Rules and Regulations. Neither my company nor an owner or principal of my company is currently listed on the government-wide exclusions in SAM, debarred, suspended, or otherwise excluded by agencies or declared ineligible under any statutory or regulatory authority. My company agrees to immediately notify the Cooperative and all Cooperative members with pending purchases or seeking to purchase from my company if my company or an owner or principal is later listed on the government-wide exclusions in SAM, or is debarred, suspended, or otherwise excluded by agencies or declared ineligible under any statutory or regulatory authority. By signature below, I certify that the above is true, complete and accurate and that I am authorized by my company to make this certification. TruGreen Company Name Travis Brannon Signat re of AutWoriz16 Company Official Printed Name Page 13 of 66 Proposal Forms CONST v.01.07.2020 &578oard Cooperative Purchasing 12007 Research Boulevard • Austin,Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454 • buyboard.com RESIDENT/NONRESIDENT CERTIFICATION Chapter 2252, Subchapter A, of the Texas Government Code establishes certain requirements applicable to proposers who are not Texas residents. Under the statute, a "resident" proposer is a person whose principal place of business is in Texas, including a contractor whose ultimate parent company or majority owner has its principal place of business in Texas. A "nonresident" proposer is a person who is not a Texas resident. Please indicate the status of your company as a "resident" proposer or a "nonresident" proposer under these definitions. Please check (i/) one of the following_ ❑ I certify that my company is a Resident Proposer. ❑■ I certify that my company is a Nonresident Proposer. If your company is a Nonresident Proposer, you must provide the following information for your resident state (the state in which your company's principal place of business is located): TruGreen 1790 Kirby Pkwy Ste #3600-Forum II Company Name Address Memphis Tn 38138 City State Zip Code A. Does your resident state require a proposer whose principal place of business is in Texas to under-price proposers whose resident state is the same as yours by a prescribed amount or percentage to receive a comparable contract? ❑ Yes 0 No B. What is the prescribed amount or percentage? $ or VENDOR EMPLOYMENT CERTIFICATION Section 44.031(b) of the Texas Education Code establishes certain criteria that a school district must consider when determining to whom to award a contract. Among the criteria for certain contracts is whether the vendor or the vendor's ultimate parent or majority owner (i) has its principal place of business in Texas; or (ii) employs at least 500 people in Texas. If neither your company nor the ultimate parent company or majority owner has its principal place of business in Texas, does your company, ultimate parent company, or majority owner employ at least 500 people in Texas? Please check W) one of the following: ❑ Yes 0 No By signature below, I certify that the information in Sections 1 (Resident/Nonresident Certification) and 2 (Vendor Employment Certification) above is true, complete and accurate and that I am authorized by my company to make this certification. TruGreen Company Name Travis Brannon Signat re of Aut or d Company Official Printed Name Page 14 of 66 Proposal Forms CONST v.01.07.2020 &578oard Cooperative Purchasing 12007 Research Boulevard • Austin,Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454 • buyboard.com NO ISRAEL BOYCOTT CERTIFICATION Effective September 1, 2017, as amended effective May 7, 2019 (H.B. 793), a Texas governmental entity may not enter into a contract with a value of $100,000 or more that is to be paid wholly or partly from public funds with a company (excluding a sole proprietorship) that has 10 or more full-time employees 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. (TEx. GOUT CODE Ch. 2270). Accordingly, this certification form is included to the extent required by law. "Boycott Israel" means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes. TEx. Gov'T CODE§808.001(1). By signature below, I certify and verify that Vendor does not boycott Israel and will not boycott Israel during the term of any contract awarded under this Proposal Invitation,that this certification is true, complete and accurate,and that I am authorized by my company to make this certification. TruGreen Company Name Travis Brannon Signature of Authorized Company Official Printed Name Note; If Vendor does not wish to make this certification,return the blank form in lieu of completed certification, NO EXCLUDED NATION OR FOREIGN TERRORIST ORGANIZATION CERTIFICATION Effective September 1, 2017, Chapter 2252 of the Texas Government Code provides that a Texas governmental entity may not enter into a contract with a company engaged in active business operations with Sudan, Iran, or a foreign terrorist organization —specifically, any company identified on a list prepared and maintained by the Texas Comptroller under Texas Government Code §§806.051, 807.051, or 2252.153. (A company that the U.S. Government affirmatively declares to be excluded from its federal sanctions regime relating to Sudan, Iran, or any federal sanctions regime relating to a foreign terrorist organization is not subject to the contract prohibition.) By signature below,I certify and verify that Vendor is not on the Texas Comptroller's list identified above; that this certification is true, complete and accurate; and that I am authorized by my company to make this certification. Trugreen Company Name VI �, �,4 Travis Brannon AJ& [�; Signat re of Authori d Company Official Printed Name Page 15 of 66 Proposal Forms CONST v.01.07.2020 &578oard Cooperative Purchasing 12007 Research Boulevard • Austin,Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454 • buyboard.com HISTORICALLY UNDERUTILIZED BUSINESS CERTIFICATION A proposer that has been certified as a Historically Underutilized Business (also known as a Minority/Women Business Enterprise or"MWBE"and all referred to in this form as a "HUB' is encouraged to indicate its HUB certification status when responding to this Proposal Invitation. The electronic catalogs will indicate HUB certifications for vendors that properly indicate and document their HUB certification on this form. Please check(1/) all that apply: ❑ I certify that my company has been certified as a HUB in the following categories: ❑ Minority Owned Business ❑ Women Owned Business ❑ Service-Disabled Veteran Owned Business (veteran defined by 38 U.S.C. §101(2), who has a service-connected disability as defined by 38 U.S.C. § 101(16), and who has a disability rating of 20% or more as determined by the U. S. Department of Veterans Affairs or Department of Defense) Certification Number: Name of Certifying Agency: ❑ My company has NOT been certified as a HUB. By signature below, I certify that the above is true, complete and accurate and that I am authorized by my company to make this certification. TruGreen Company Name Travis Brannon Printed N e Signat re of AutWorizAl Company Official Page 16 of 66 Proposal Forms CONST v.01.07.2020 &578oard Cooperative Purchasing 12007 Research Boulevard • Austin,Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454 • buyboard.com CONSTRUCTION-RELATED GOODS AND SERVICES AFFIRMATION A contract awarded under this Proposal Invitation covers only the specific goods and services awarded by the BuyBoard. As explained in the BuyBoard Procurement and Construction Related Goods and Services Advisory for Texas Members ("Advisory's, Texas law prohibits the procurement of architecture or engineering services through a purchasing cooperative. This BuyBoard contract does not include such services.Architecture or engineering services must be procured by a Cooperative member separately, in accordance with the Professional Services Procurement Act (Chapter 2254 of the Texas Government Code) and other applicable law and local policy. The Advisory, available at buyboard.com/Vendor/Resources.aspx, provides an overview of certain legal requirements that are potentially relevant to a Cooperative member's procurement of construction or construction-related goods and services, including those for projects that may involve or require architecture, engineering or independent testing services. A copy of the Advisory can also be provided upon request. By signature below, the undersigned affirms that Proposer has obtained a copy of the Advisory, has read and understands the Advisory, and is authorized by Proposer to make this affirmation. If Proposer sells construction-related goods or services to a Cooperative member under a BuyBoard contract awarded under this Proposal Invitation, Proposer will comply with the Advisory and applicable legal requirements, make a good faith effort to make its Cooperative member customers or potential Cooperative member customers aware of such requirements, and provide a Cooperative member with a copy of the Advisory before executing a Member Construction Contract with the member or accepting the member's purchase order for construction-related goods or services, whichever comes first. TruGreen Company Name I_T�_qA Travis Brannon Signature of AuNr6ecl Company Official Printed Name 10/20/2020 Date Page 17 of 66 Proposal Forms CONST v.01.07.2020 &578oard Cooperative Purchasing 12007 Research Boulevard • Austin,Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454 • buyboard.com DEVIATION AND COMPLIANCE If your company intends to deviate from the General Terms and Conditions, Proposal Specifications or other requirements associated with this Proposal Invitation, you MUST list all such deviations on this form, and provide complete and detailed information regarding the deviations on this form or an attachment to this form. The Cooperative will consider any deviations in its contract award decision, and reserves the right to accept or reject a proposal based upon any submitted deviation. In the absence of any deviation identified and described in accordance with the above, your company must fully comply with the General Terms and Conditions, Proposal Specifications and all other requirements associated with this Proposal Invitation if awarded a contract under this Proposal Invitation. A deviation will not be effective unless accepted by the Cooperative. The Cooperative may, in its sole discretion, seek clarification from and/or communicate with Proposer(s) regarding any submitted deviation, consistent with general procurement principles of fair competition. The Cooperative reserves the right to accept or reject a proposal based upon any submitted deviation. Please check(1/) one of the following_ ■❑ NO; Deviations ❑ Yes; Deviations List and fully explain any deviations you are submitting: PLEASE PROVIDE THE FOLLOWING INFORMATION: 1. Shipping Via: ❑ Common Carrier ❑■ Company Truck ❑ Prepaid and Add to Invoice ❑ Other: 2. Payment Terms: ■❑ Net 30 days ❑ 1% in 10/Net 30 days ❑ Other: 3. Number of Days for Delivery: ARO 4. Vendor Reference/Quote Number: 5. State your return policy: Full Payment will be expected for services Rendered 6. Are electronic payments acceptable? ■❑Yes ❑ No 7. Are credit card payments acceptable? ❑Yes ❑ No TruGreen Compan me q Vtj,�, Travis Brannon Signat re of Authori d Company Official Printed Name Page 18 of 66 Proposal Forms CONST v.01.07.2020 &578oard Cooperative Purchasing 12007 Research Boulevard • Austin,Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454 • buyboard.com LOCATION / AUTHORIZED SELLER LISTINGS If you have more than one location/authorized seller that will service a contract awarded under this Proposal Invitation, please list each location/authorized seller below. If additional sheets are required, please duplicate this form as necessary. NOTE: Awarded Vendors shall remain responsible for all aspects of the Contract, including processing of Purchase Orders, and shall be responsible for the performance of all locations and authorized sellers under and in accordance with the Contract. If you are a product manufacturer and wish to designate Designated Dealers as defined in the General Terms and Conditions to receive Cooperative member Purchase Orders on your behalf, you must complete the Manufacturer Designated Dealer form. TruGreen Company Name 12860 Jess Prairie Address Sugarland Texas 77478 City State Zip 2812406622 2812405099 Phone Number Fax Number Travis Brannon Contact Person Trugreen Company Name 14150 Westfair East Address Houston Tx 77041 City State Zip 2814695757 2814691632 Phone Number Fax Number Travis Brannon Contact Person Page 19 of 66 Proposal Forms CONST v.01.07.2020 &578oard Cooperative Purchasing 12007 Research Boulevard • Austin,Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454 • buyboard.com MANUFACTURER DEALER DESIGNATION If Vendor is a manufacturer that sells products through a dealer network and wishes to designate a dealer or multiple dealers ("Designated Dealers' to receive Cooperative member Purchase Orders on Vendor's behalf, you must complete this form for each dealer you wish to designate. Regardless of any Designated Dealers submitted by Vendor, Vendor specifically agrees and acknowledges that any such designations are for Vendor's convenience only and shall not, if Vendor is awarded a Contract, relieve Vendor of any obligations under the Contract, including payment of Cooperative service fees on all Purchase Orders submitted to Vendor or any Designated Dealer. In accordance with the General Terms and Conditions, an awarded Vendor shall remain responsible and liable for all of its obligations under the Contract and the performance of both Vendor and any of Vendor's Designated Dealers under and in accordance with the Contract and remain subject to all remedies for default thereunder, including, but not limited to suspension and termination of Vendor's Contract for nonpayment of service fees. If awarded, Vendor authorizes the Cooperative, in its sole discretion, to list any Vendor Designated Dealers in the BuyBoard system and to receive Purchase Orders directly from Cooperative members on behalf of Vendor. To the extent a Vendor with Designated Dealers receives a Purchase Order directly, it shall be the responsibility of Vendor to appropriately process such Purchase Order in accordance with the Contract, including but not limited to timely forwarding such Purchase Order to a Designated Dealer for processing. The Cooperative reserves the right, in its sole discretion, to refuse addition of, or request removal of, any Designated Dealer, and Vendor agrees to immediately require such Designated Dealer to cease accepting Purchase Orders or otherwise acting on Vendor's behalf under the Contract. Further, the Cooperative's administrator shall be authorized to remove or suspend any or all Designated Dealers from the BuyBoard at any time in its sole discretion. If you wish to designate a dealer to service a contract awarded under this Proposal Invitation, please list the Designated Dealer below and have this form signed by an official of your company authorized to make such designation. If you wish to designate multiple dealers, please duplicate this form as necessary. Designated Dealer Name Designated Dealer Address City State Zip Phone Number Fax Number Email address Designated Dealer Tax ID Number* (*attach W-9) Designated Dealer Contact Person TruGreen Your Company Name Signature of Aut on d Company Official Page 20 of 66 Proposal Forms CONST v.01.07.2020 &578oard Cooperative Purchasing 12007 Research Boulevard • Austin,Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454 • buyboard.com TEXAS REGIONAL SERVICE DESIGNATION The Cooperative (referred to as"Texas Cooperative" in this form and in the State Service Designation form) offers vendors the opportunity to service its members throughout the entire State of Texas. If you do not plan to service all Texas Cooperative members statewide, you must indicate the specific regions you will service on this form. Ifyou propose to serve different regions for different products or services included in your proposal,you must complete and submit a separate Texas Regional Service Designation form for each group of products and clearly indicate the products or services to which the designation applies in the space provided at the end of this form. By designating a region orregions,you are certifying that you are authorized and willing to provide the proposed products and services in those regions. Designating regions in which you are either unable or unwilling to provide the specified products and services shall be grounds for either rejection of your proposal or, if awarded, termination of your Contract. Additionally, if you do not plan to service Texas Cooperative members (i.e., if you will service only states other than Texas), you must so indicate on this form. Regional Education Service Centers ❑ I will service Texas Cooperative members statewide. 1 0 I will not service Texas Cooperative members statewide. I will only service members in the regions checked below: u m � Reaion and Headauarters ❑ 1 Edinburg -- ❑ 2 Corpus Christi ❑ 3 Victoria 4 Houston 0 5 Beaumont 3 0 6 Huntsville J�- ❑ 7 Kilgore F ❑ 8 Mount Pleasant 0 9 Wichita Falls 0 10 Richardson 0 11 Fort Worth b Y. 0 12 Waco 0 13 Austin 14 Abilene ❑ 15 San Angelo `'r 0 16 Amarillo TruGreen 0 17 Lubbock 0 18 Midland Comp an me 0 19 El Paso �` Ctuti 0 20 San Antonio Signatu e of Authoriz d Company Official Travis Brannon ❑ I will not service members of Printed Name the Texas Cooperative. Page 21 of 66 Proposal Forms CONST v.01.07.2020 &578oard Cooperative Purchasing 12007 Research Boulevard • Austin,Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454 • buyboard.com If this Texas Regional Service Designation form applies to only one or some of the products and services proposed by Vendor, list the products and services to which this form applies here: Fertilizer Application for Lawns; Pre-Emergent Herbicide Application for Lawns; Post-Emergent Herbicide Application for Lawns, Lawn Aeration; Premium Sport Field Fertilization; Pre-Emergent Herbicide Application for Premium Sport Fields; and Post-Emergent Herbicide Application for Premiu Sport Fields Page 22 of 66 Proposal Forms CONST v.01.07.2020 &578oard Cooperative Purchasing 12007 Research Boulevard • Austin,Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454 • buyboard.com STATE SERVICE DESIGNATION The Cooperative offers vendors the opportunity to service other governmental entities in the United States, including intergovernmental purchasing cooperatives such as the National Purchasing Cooperative BuyBoard. You must complete this form if you plan to service the entire United States, or will service only the specific states indicated. (Note:If you plan to service Texas Cooperative members, be sure that you complete the Texas Regional Service Designation form.) If you serve different states for different products or services included in your proposal,you must complete and submit a separate State Service Designation form for each group of products and clearly indicate the products or services to which the designation applies in the space provided at the end of this form. By designating a state or states,you are certifying that you are authorized and willing to provide the proposed products and services in those states. Designating states in which you are either unable or unwilling to provide the specified products and services shall be grounds for either rejection of your proposal or, if awarded, termination of your Contract. Please check(1/) all that apply: ❑ I will service all states in the United States. ❑ I will not service all states in the United States. I will service only the states checked below: ❑ Alabama ❑ Alaska ❑ Nebraska ❑ Arizona ❑ Nevada ❑ Arkansas ❑ New Hampshire ❑ California (Public Contract Code 20118 &20652) ❑ New Jersey ❑ Colorado ❑ New Mexico ❑ Connecticut ❑ New York ❑ Delaware ❑ North Carolina ❑ District of Columbia ❑ North Dakota ❑ Florida ❑ Ohio ❑ Georgia ❑ Oklahoma ❑ Hawaii ❑ Oregon ❑ Idaho ❑ Pennsylvania ❑ Illinois ❑ Rhode Island ❑ Indiana ❑ South Carolina ❑ Iowa ❑ South Dakota ❑ Kansas ❑ Tennessee ❑ Kentucky ❑■ Texas ❑ Louisiana ❑ Utah ❑ Maine ❑ Vermont ❑ Maryland ❑ Virginia ❑ Massachusetts ❑ Washington ❑ Michigan ❑ West Virginia ❑ Minnesota ❑ Wisconsin ❑ Mississippi ❑ Wyoming ❑ Missouri ❑ Montana Page 23 of 66 Proposal Forms CONST v.01.07.2020 &578oard Cooperative Purchasing 12007 Research Boulevard • Austin,Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454 • buyboard.com This form will be used to ensure that you can service other governmental entities throughout the United States as indicated. Your signature below confirms that you understand your service commitments during the term of a contract awarded under this proposal. TruGreen Company Name Travis Brannon Signat re of AutfforrizAd Company Official Printed Name If this State Service Designation form applies to only one or some of the products and services proposed by Vendor, list the products and services to which this form applies here: Fertilizer Application for Lawns; Pre-Emergent Herbicide Application for Lawns; Post-Emergent Herbicide Application for Lawns, Lawn Aeration; Premium Sport Field Fertilization; Pre-Emergent Herbicide Application for Premium Sport Fields; and Post-Emergent Herbicide Application for Premiu Sport Fields Page 24 of 66 Proposal Forms CONST v.01.07.2020 &578oard Cooperative Purchasing 12007 Research Boulevard • Austin,Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454 • buyboard.com NATIONAL PURCHASING COOPERATIVE VENDOR AWARD AGREEMENT In accordance with the Terms and Conditions associated with this Proposal Invitation, a contract awarded under this Proposal Invitation may be "piggy-backed" by another governmental entity. The National Purchasing Cooperative is an intergovernmental purchasing cooperative formed by certain school districts outside of Texas to serve its members throughout the United States. If you agree to be considered for a piggy-back award by the National Purchasing Cooperative, you agree to the following terms and agree to serve National Purchasing Cooperative members in the states you have indicated on the State Service Designation form, in your Proposal. By signing this form, Proposer (referred to in this Agreement as"Vendor") agrees as follows: 1. Vendor acknowledges that if The Local Government Purchasing Cooperative ("Texas Cooperative's awards Vendor a contract under this Proposal Invitation ("Underlying Award"), the National Purchasing Cooperative ("National Cooperative") may - but is not required to - "piggy-back" on or re-award all or a portion of that Underlying Award ('Piggy-Back Award"). By signing this National Cooperative Vendor Award Agreement ("Agreement's, Vendor accepts and agrees to be bound by any such Piggy-Back Award as provided for herein. 2. In the event National Cooperative awards Vendor a Piggy-Back Award, the National Cooperative Administrator ("BuyBoard Administrator") will notify Vendor in writing of such Piggy-Back Award, which award shall commence on the effective date stated in the Notice and end on the expiration date of the Underlying Award, subject to annual renewals as authorized in writing by the BuyBoard Administrator. Vendor agrees that no further signature or other action is required of Vendor in order for the Piggy-Back Award and this Agreement to be binding upon Vendor. Vendor further agrees that no interlineations or changes to this Agreement by Vendor will be binding on National Cooperative, unless such changes are agreed to by its BuyBoard Administrator in writing. 3. Vendor agrees that it shall offer its goods and services to National Cooperative members at the same unit pricing and same general terms and conditions, subject to applicable state laws in the state of purchase, as required by the Underlying Award. However, nothing in this Agreement prevents Vendor from offering National Cooperative members better(i.e., lower) competitive pricing and more favorable terms and conditions than those in the Underlying Award. 4. Vendor hereby agrees and confirms that it will serve those states it has designated on the State Service Designation Form of this Proposal Invitation. Any changes to the states designated on the State Service Designation Form must be approved in writing by the BuyBoard Administrator. 5. Vendor agrees to pay National Cooperative the service fee provided for in the Underlying Award based on the amount of purchases generated from National Cooperative members through the Piggy-Back Award. Vendor shall remit payment to National Cooperative on such schedule as it specifies (which shall not be more often than monthly). Further, upon request, Vendor shall provide National Cooperative with copies of all purchase orders generated from National Cooperative members for purposes of reviewing and verifying purchase activity. Vendor further agrees that National Cooperative shall have the right, upon reasonable written notice, to review Vendor's records pertaining to purchases made by National Cooperative members in order to verify the accuracy of service fees. 6. Vendor agrees that the Underlying Award, including its General Terms and Conditions, are adopted by reference to the fullest extent such provisions can reasonably apply to the post-proposal/contract award phase. The rights and responsibilities that would ordinarily inure to the Texas Cooperative pursuant to the Underlying Award shall inure to National Cooperative; and, conversely, the rights and responsibilities that would ordinarily inure to Vendor in the Underlying Award shall inure to Vendor in this Agreement. Vendor recognizes and agrees that Vendor and National Cooperative are the only parties to this Agreement, and that nothing in this Agreement has application to other third parties, including the Texas Cooperative. In the event of conflict between this Agreement and the terms of the Underlying Award, the terms of this Agreement shall control, and then only to the extent necessary to reconcile the conflict. Proposal Forms CONST v.01.07.2020 Page 25 of 66 &578oard Cooperative Purchasing 12007 Research Boulevard • Austin,Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454 • buyboard.com 7. This Agreement shall be governed and construed in accordance with the laws of the State of Rhode Island and venue for any dispute shall lie in the federal district court of Alexandria, Virginia. 8. Vendor acknowledges and agrees that the award of a Piggy-Back Award is within the sole discretion of National Cooperative, and that this Agreement does not take effect unless and until National Cooperative awards Vendor a Piggy-Back Award and the BuyBoard Administrator notifies Vendor in writing of such Piggy-Back Award as provided for herein. WHEREFORE, by signing below Vendor agrees to the foregoing and warrants that it has the authority to enter into this Agreement. TruGreen 639-21 Na Vendor Proposal Invitation Number Travis Brannon Sig ature of Ulforized Company Official Printed Name of Authorized Company Official 10/20/2020 Date Proposal Forms CONST v.01.07.2020 Page 26 of 66 &578oard Cooperative Purchasing 12007 Research Boulevard • Austin,Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454 • buyboard.com FEDERAL AND STATE/PURCHASING COOPERATIVE EXPERIENCE The Cooperative strives to provide its members with the best services and products at the best prices available from vendors with the technical resources and ability to serve Cooperative members. Please respond to the following questions. 1. Provide the dollar value of sales to or through purchasing cooperatives at or based on an established catalog or market price during the previous 12-month period or the last fiscal year: $500,000 approx . (The period of the 12 month period is 1/2020 /1/2021 ). In the event that a dollar value is not an appropriate measure of the sales, provide and describe your own measure of the sales of the item(s). 2. By submitting a proposal, you agree that, based on your written discounting policies, the discounts you offer the Cooperative are equal to or better than the best price you offer other purchasing cooperatives for the same items under equivalent circumstances. 3. Provide the information requested below for other purchasing cooperatives for which Proposer currently serves, or in the past has served, as an awarded vendor. Rows should be added to accommodate as many purchasing cooperatives as required. CURRENT FORMER VENDOR (Y/N)?— AWARDED PURCHASING VENDOR? OD GROUP DO. O. 1. Federal General Services Administration 2. T-PASS (state of Texas) 3. OMNIA Partners 4. Sourcewell (NJPA) 5. E&I Cooperative 6. Houston-Galveston Area Council (HGAC) 7. Choice Partners 8. The Interlocal Purchasing System (TIPS) 9. Other ■❑ MY COMPANY DOES NOT CURRENTLY HAVE ANY OF THE ABOVE OR SIMILAR TYPE CONTRACTS. CURRENT BUYBOARD VENDORS If you are a current BuyBoard vendor in the same contract category as proposed in this Proposal Invitation, indicate the discount for your current BuyBoard contract and the proposed discount in this Proposal. Explain any difference between your current and proposed discounts. Current Discount (%): Proposed Discount (%): Explanation: Proposal Forms CONST v.01.07.2020 Page 27 of 66 &578oard Cooperative Purchasing 12007 Research Boulevard • Austin,Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454 • buyboard.com By signature below, I certify that the above is true, complete and accurate and that I am authorized by my company to make this certification. TruGreen Company Name Travis Brannon Signature of Authorized Company Official Printed Name Proposal Forms CONST v.01.07.2020 Page 28 of 66 &578oard Cooperative Purchasing 12007 Research Boulevard • Austin,Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454 • buyboard.com GOVERNMENTAL REFERENCES For your Proposal to be considered, you must supply a minimum of five (5) individual governmental entity references. The Cooperative may contact any and all references provided as part of the Proposal evaluation. Provide the information requested below, including the existing price/discounts you offer each customer. The Cooperative may determine whether prices/discounts are fair and reasonable by comparing prices/discounts stated in your Proposal with the prices/discounts you offer other governmental customers. Attach additional pages if necessary. Quantity/ Entity Name Contact Phone# Email Address Discount Volume ,.Irving ISD Todd Lane 2144358368 tlane@irvingisd.net 10% $37,626.00 2 Arlington ISD Tim Borgen 817 718 6704 tborgen@aisd.net 10% $167,000.00 3 Mansfield ISD Mike Wynn 817 299 4345 mikewynn@misdmail.org 10% $78,000.00 4 Lone Oak ISD Luke Goode 903 461 5328 Igoode@liisd.net 10% $78,000.00 5 Scurry-Rosser ISD Erik Scott 214 980 5239 erik.scott@scurry-rosser.com Do you ever modify your written policies or standard governmental sales practices as identified in the above chart to give better discounts (lower prices) than indicated? YES ❑ NO 0 If YES, please explain: By signature below, I certify that the above is true and correct and that I am authorized by my company to make this certification. TruGreen Compa ame Signature of Author& ed Company Official Travis Brannon Printed Name Proposal Forms CONST v.01.07.2020 Page 29 of 66 &578oard Cooperative Purchasing 12007 Research Boulevard • Austin,Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454 • buyboard.com MARKETING STRATEGY For your Proposal to be considered, you must submit the Marketing Strategy you will use if the Cooperative accepts all or part of your Proposal. (Examv/e: Explain how your company will initially inform Cooperative members of your BuyBoard contract, and how you will continue to support the BuyBoard for the duration of the contract period.) Attach additional pages if necessary. Each cooperative member which would potentially use our services will recieve an introductory email explaining our awarded agreement with the cooperative and we would like to discuss our services and how we can benefit their operations. We would also have our sales force inform potential new costomers of our Buyboard agreement as we approach new prospects in the marketplace. The Buyboard agreement will be reguarded highly amoung our sales orginization and presented in such a manner to new potential clients as we persue new business relationships. TruGreen Company Name Signat re of Aufflorig&d Company official Travis Brannon Printed Name Proposal Forms CONST v.01.07.2020 Page 30 of 66 &578oard Cooperative Purchasing 12007 Research Boulevard • Austin,Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454 • buyboard.com CONFIDENTIAL/PROPRIETARY INFORMATION A. Public Disclosure Laws All Proposals, forms, documentation, or other materials submitted by Vendor to the Cooperative in response to this Proposal Invitation, including catalogs and pricelists, may be subject to the disclosure requirements of the Texas Public Information Act (Texas Government Code chapter 552.001, et. seq.) or similar disclosure law. Proposer must clearly identify on this form any information in its Proposal (including forms,documentation, or other materials submitted with the Proposal)that Proposer considers proprietary or confidential. If Proposer fails to properly identify the information, the Cooperative shall have no obligation to notify Vendor or seek protection of such information from public disclosure should a member of the public or other third party request access to the information under the Texas Public Information Act or similar disclosure law. Proposer will be notified of any third party request for information in a Proposal that Proposer has identified in this form as proprietary or confidential. Does your Proposal (including forms, documentation, or other materials submitted with the Proposal) contain information which Vendor considers proprietary or confidential? Please check M one of the following: ❑E NO, I certify that none of the information included with this Proposal is considered confidential or proprietary. YES, I certify that this Proposal contains information considered confidential or proprietary and all such information is specifically identified on this form. If you responded "YES", you must identify below the specific information you consider confidential or proprietary. List each page number, form number, or other information sufficient to make the information readily identifiable. The Cooperative and its Administrator will not be responsible for a Proposer's failure to clearly identify information considered confidential or proprietary. Further, by submitting a Proposal, Proposer acknowledges that the Cooperative and its Administrator will disclose information when required by law, even if such information has been identified herein as information the vendor considers confidential or proprietary. Confidential / Proprietary Information: (Attach addition/sheets if needed.) Proposal Forms CONST v.01.07.2020 Page 31 of 66 &578oard Cooperative Purchasing 12007 Research Boulevard • Austin,Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454 • buyboard.com B. Coavriaht Information Does your Proposal (including forms, documentation, or other materials submitted with the Proposal) contain copyright information? Please check(A one of the following ❑E NO, Proposal (including forms, documentation, or other materials submitted with the Proposal)does not contain copyright information. ❑ YES, Proposal (including forms, documentation, or other materials submitted with the Proposal)does contain copyright information. If you responded "YES", identify below the specific documents or pages containing copyright information. Copyright Information: (Attach additional sheets if needed.) C. Consent to Release Confidential/Proprietary/Coavriaht Information to BuyBoard Members BuyBoard members (Cooperative and nonprofit members) seeking to make purchases through the BuyBoard may wish to view information included in the Proposals of awarded Vendors. If you identified information on this form as confidential, proprietary, or subject to copyright, and you are awarded a BuyBoard contract, your acceptance of the BuyBoard contract award constitutes your consent to the disclosure of such information to BuyBoard members, including posting of such information on the secure BuyBoard website for members. Note: Neither the Cooperative nor its Administrator will be responsible for the use or distribution of information by BuyBoard members or any other party. D. Consent to Release Proposal Tabulation Notwithstanding anything in this Confidential/Proprietary Information form to the contrary, by submitting a Proposal,Vendor consents and agrees that, upon Contract award, the Cooperative may publically release, including posting on the public BuyBoard website, a copy of the proposal tabulation for the Contract including Vendor name; proposed catalog/pricelist name(s); proposed percentage discount(s), hourly labor rate(s), or other specified pricing; and Vendor award or non-award information. By signature below, I certify that the information in this form is true, complete, and accurate and that I am authorized by my company to make this certification and all consents and agreements contained herein. TruGreen Compan ame Signat re of Aut orl d Company Official Travis Brannon Printed Name 10/20/2020 Date Proposal Forms CONST v.01.07.2020 Page 32 of 66 &578oard Cooperative Purchasing 12007 Research Boulevard • Austin,Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454 • buyboard.com VENDOR BUSINESS NAME By submitting a Proposal, Proposer is seeking to enter into a legal contract with the Cooperative. As such, a Proposer must be an individual or legal business entity capable of entering into a binding contract. Proposers, must completely and accurately provide the information requested below or your Proposal may be deemed non-responsive. Name of Proposing Company: (List the/eaa/name of the company seeking to contract with the Cooperative. Do NOT/1st an assumed name,dba,aka, etc,here. Such information may be,provided below. If you are submitting a joint proposal with another entity to,provide the same proposed goods or services,each submitting entity should complete a separate vendor information form. Separately operating legal business entities, even if aifliated entities, which,propose to,provide goods or services separately must submit their own Proposals.) Please check()�one of the following_ Twe of Business: Individual/Sole Proprietor Corporation Limited Liability Company Partnership Other If other, Identify Limited Partnership State of Incorporation (if applicable): Delaware Federal Employer Identification Number: 36-373669 (Vendor must include a completed IRS W-9 form with their proposal) List the Name(s) by which Vendor, if awarded,wishes to be identified on the BuyBoard: (Note. Ifdifferentthan the Name ofPro,posing Company listed above,only valid trade names(dba, aka, etc.)of the Proposing Comoany maybe used and a copy of your Assumed Name Certificate(s),if applicable,must be attached.) Trugreen Limited Partnership Proposal Forms CONST v.01.07.2020 Page 33 of 66 Form W'9 Request for Taxpayer Give Form to the (Rev.October2018) Identification Number and Certification requester.Do not Department of the Treasury send to the IRS. Internal Revenue Service ►Go to www.irs.gov/FortnW9 for instructions and the latest information. 1 Name(as shown on your income tax return).Name is required on this line;do not leave this line blank. Outdoor Home Services Holdings LLC 2 Business name/disregarded entity name,if different from above DBA TruGreen and Action Pest Control m3 Check appropriate box for federal tax classification of the person whose name is entered on line 1.Check only one of the 4 Exemptions(codes apply only to following seven boxes. certain entities,not individuals;see a instructions on page 3): o ❑ IndividuaUsole proprietor or ❑ C Corporation ❑ S Corporation ❑ Partnership ❑ Trust/estate rn single-member LLC Q. a Exempt payee code(I any) v ❑✓ Limited liability company.Enter the tax classification(C=C corporation,S-S corporation,P=Partnership)► P `o Note:Check the appropriate box in the line above for the tax classification of the single-member owner. Do not check Exemption from FATCA reporting C N LLC if the LLC is classified as a single-member LLC that is disregarded from the owner unless the owner of the LLC is code(if any) c another LLC that is not disregarded from the owner for U.S.federal tax purposes.Otherwise,a single-member LLC that a is disregarded from the owner should check the appropriate box for the tax classification of its owner. w V d ❑ Other(see instructions)► (ppphes to accounts mainfaineC outside the U.S.) U) 6 Address(number,street,and apt.or suite no.)See instructions. Requester's name and address(optional) cn 1790 KirbV Parkway, Forum II 6 City,state,and ZIP code Memphis,TN 38138 7 List account numbers)here(optional) Taxpayer Identification Number(TIN) Enter your TIN in the appropriate box.The TIN provided must match the name given on line 1 to avoid Social security number backup withholding.For individuals,this is generally your social security number(s However,for a -IE - resident alien,sole proprietor,or disregarded entity,see the instructions for Part!,lateate.r.For other entities, it is your employer identification number(EIN).If you do not have a number,see Now to get a TIN, later. or Note:If the account is in more than one name,see the instructions for line 1.Also see What Name and Employer identification number Number To Give the Requester for guidelines an whose number to enter. EE - 3 1 7 3 4 6 fi g Certification Under penalties of perjury, I certify that: 1.The number shown on this form is my correct taxpayer identifcation number(or I am waiting for a number to be issued to me);and 2.I am not subject to backup withholding because:(a)I am exempt from backup withholding,or(b)I have not been notified by the Internal Revenue Service(IRS)that I am subject to backup withholding as a result of a failure to report all interest or dividends,or(c)the IRS has notified me that I am no longer subject to backup withholding;and 3.1 am a U.S.citizen or other U.S.person(defined below);and 4.The FATCA codes)entered on this form(if any)indicating that I am exempt from FATCA reporting is correct. Certification instructions.You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return_For real estate transactions,item 2 does not apply.For mortgage interest paid, acquisition or abandonment of secured property,cancellation of debt,contributions to an individual retirement arrangement(IRA),and generally,payments other than interest and dividends,you are not required to sign the certification,but you must provide your correct TIN.See the instructions for Part II,later. Sign Signature of 1 ry Here U.S.person► j3cDate► General Instructions •Form 1099-HIV(dividends,including those from stocks or mutual funds) Section references are to the Internal Revenue Code unless otherwise .Form 1099-MISC(various types of income,prizes,awards,or gross noted. proceeds) Future developments. For the latest information about developments .Form 1099-9(stock or mutual fund sales and certain other related to Form W-9 and its instructions,such as legislation enacted transactions by brokers) after they were published,go to www.irs.gov/FormWg. .Form 1099-S(proceeds from real estate transactions) Purpose of Form •Form 1099-K(merchant card and third party network transactions) An individual or entity(Form W-9 requester)who is required to file an •Form 1098(home mortgage interest), 1098-E(student loan interest), information return with the IRS must obtain your correct taxpayer 1098-T(tuition) identification number(TIN)which may be your social security number •Form 1099-C(canceled debt) (SSN),individual taxpayer identification number(ITIN),adoption .Form 1099 A(acquisition or abandonment of secured property) taxpayer identification number(ATIN),or employer identification number (EIN),to report on an information return the amount paid to you,or other Use Form W-9 only if you are a U.S.person(including a resident amount reportable on an information return. Examples of information alien),to provide your correct TIN. returns include,but are not limited to,the following. If you do not return Form W-9 to the requester with a TIN,you might • Form 1099-INT(interest earned or paid) be subject to backup withholding.See What is backup withholding, later. Cat.No.10231X Form W-9(Rev.10-2018) &578oard Cooperative Purchasing 12007 Research Boulevard • Austin,Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454 • buyboard.com EDGAR VENDOR CERTIFICATION (2 CFR Part 200 and Appendix II) When a Cooperative member seeks to procure goods and services using funds under a federal grant or contract, specific federal laws, regulations, and requirements may apply in addition to those under state law. This includes, but is not limited to, the procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, 2 CFR 200 (sometimes referred to as the "Uniform Guidance" or new "EDGAR'�. All Vendors submitting proposals must complete this EDGAR Certification Form regarding Vendor's willingness and ability to comply with certain requirements which maybe applicable to specific Cooperative member purchases using federal grant funds. This completed form will be made available to Cooperative members for their use while considering their purchasing options when using federal grant funds. Cooperative members may also require Vendors to enter into ancillary agreements, in addition to the BuyBoard contract's general terms and conditions, to address the member's specific contractual needs, including contract requirements for a procurement using federal grants or contracts. For each of the items below, Vendor should certify Vendor's agreement and ability to comply, where applicable, by having Vendor's authorized representative complete and initial the applicable boxes and sign the acknowledgment at the end of this form. If you fail to complete any item in this form, the Cooperative will consider and may list the Vendors response on the BuyBoard as "NO,'the Vendor is unable or unwilling to comply, A"NO"response to any of the items may, if applicable, impact the ability of a Cooperative member to purchase from the Vendor using federal funds. 1. Vendor Violation or Breach of Contract Terms: Contracts for more than the Simplified Acquisition Threshold,which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 USC 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate. Provisions regarding Vendor default are included in the BuyBoard General Terms and Conditions, including Section E.18, Remedies for Default and Termination of Contract. Any Contract award will be subject to such BuyBoard General Terms and Conditions, as well as any additional terms and conditions in any Purchase Order, Cooperative member ancillary contract, or Member Construction Contract agreed upon by Vendor and the Cooperative member which must be consistent with and protect the Cooperative member at least to the same extent as the BuyBoard Terms and Conditions. The remedies under the Contract are in addition to any other remedies that may be available under law or in equity. By submitting a Proposal, you agree to these Vendor violation and breach of contract terms. 2. Termination for Cause or Convenience: For any Cooperative member purchase or contract in excess of$10,000 made using federal funds,you agree that the following term and condition shall apply: The Cooperative member may terminate or cancel any purchase order under this Contract at any time, with or without cause, by providing seven (7)business days advance written notice to the Vendor. If this Agreement is terminated in accordance with this Paragraph, the Cooperative member shall only be required to pay Vendor for goods or services delivered to the Cooperative member prior to the termination and not otherwise returned in accordance with Vendor's return policy. If the Cooperative member has paid Vendor for goods or services not yet provided as of the date of termination, Vendor shall immediately refund such payment(s). If an alternate provision for termination of a Cooperative member purchase for cause and convenience, including the manner by which it will be effected and the basis for settlement, is included in the Cooperative member's purchase order, ancillary agreement, or Member Construction Contract agreed to by the Vendor, the Cooperative member's provision shall control. Proposal Forms CONST v.01.07.2020 Page 34 of 66 &578oard Cooperative Purchasing 12007 Research Boulevard • Austin,Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454 • buyboard.com 3. Equal Employment Opportunity: Except as otherwise provided under 41 CFR Part 60, all Cooperative member purchases or contracts that meet the definition of"federally assisted construction contract" in 41 CFR Part 60-1.3 shall be deemed to include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246,"Equal Employment Opportunity"(30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and implementing regulations at 41 CFR Part 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor." The equal opportunity clause provided under 41 CFR 60-1.4(b) is hereby incorporated by reference. Vendor agrees that such provision applies to any Cooperative member purchase or contract that meets the definition of"federally assisted construction contract"in 41 CFR Part 60-1.3 and Vendor agrees that it shall comply with such provision. 4. Davis-Bacon Act: When required by Federal program legislation, Vendor agrees that, for all Cooperative member prime construction contracts/purchases in excess of$2,000,Vendor shall comply with the Davis-Bacon Act (40 USC 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction'. In accordance with the statute, Vendor is required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determinate made by the Secretary of Labor. In addition, Vendor shall pay wages not less than once a week. Current prevailing wage determinations issued by the Department of Labor are available at wdol.aov. Vendor agrees that, for any purchase to which this requirement applies, the award of the purchase to the Vendor is conditioned upon Vendor's acceptance of the wage determination. Vendor further agrees that it shall also comply with the Copeland "Anti-Kickback"Act (40 USC 3145), as supplemented by Department of Labor regulations (29 CFR Part 3,"Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States'. The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. 5. Contract Work Hours and Safety Standards Act: Where applicable, for all Cooperative member contracts or purchases in excess of $100,000 that involve the employment of mechanics or laborers, Vendor agrees to comply with 40 USC 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 USC 3702 of the Act, Vendor is required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 USC 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. 6. Right to Inventions Made Under a Contract or Agreement: If the Cooperative member's Federal award meets the definition of "funding agreement" under 37 CFR 401.2(a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance or experimental, developmental, or research work under that "funding agreement,"the recipient or subrecipient must comply with the requirements of 37 CFR Part 401,"Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. Vendor agrees to comply with the above requirements when applicable. Proposal Forms CONST v.01.07.2020 Page 35 of 66 &578oard Cooperative Purchasing 12007 Research Boulevard • Austin,Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454 • buyboard.com 7. Clean Air Act and Federal Water Pollution Control Act: Clean Air Act(42 USC 7401-7671q.)and the Federal Water Pollution Control Act(33 USC 1251-1387), as amended—Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non-Federal award to agree to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act (42 USC 7401-7671q.) and the Federal Water Pollution Control Act, as amended (33 USC 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). When required, Vendor agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act and the Federal Water Pollution Control Act. 8. Debarment and Suspension: Debarment and Suspension (Executive Orders 12549 and 12689) —A contract award (see 2 CFR 180.220) must not be made to parties listed on the government-wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR Part 1966 Comp. p. 189) and 12689 (3 CFR Part 1989 Comp. p. 235),"Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. Vendor certifies that Vendor is not currently listed on the government-wide exclusions in SAM, is not debarred, suspended, or otherwise excluded by agencies or declared ineligible under statutory or regulatory authority other than Executive Order 12549. Vendor further agrees to immediately notify the Cooperative and all Cooperative members with pending purchases or seeking to purchase from Vendor if Vendor is later listed on the government-wide exclusions in SAM, or is debarred, suspended, or otherwise excluded by agencies or declared ineligible under statutory or regulatory authority other than Executive Order 12549. 9. Byrd Anti-Lobbying Amendment: Byrd Anti-Lobbying Amendment (31 USC 1352) -- Vendors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 USC 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award. As applicable, Vendor agrees to file all certifications and disclosures required by, and otherwise comply with, the Byrd Anti-Lobbying Amendment (31 USC 1352). 10. Procurement of Recovered Materials: For Cooperative member purchases utilizing Federal funds, Vendor agrees to comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act where applicable and provide such information and certifications as a Cooperative member may require to confirm estimates and otherwise comply. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery, and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. 11. Profit as a Separate Element of Price: For purchases using federal funds in excess of the Simplified Acquisition Threshold, a Cooperative member may be required to negotiate profit as a separate element of the price. See, 2 CFR 200.323(b). When required by a Cooperative member, Vendor agrees to provide information and negotiate with the Cooperative member regarding profit as a separate element of the price for a particular purchase. However, Vendor agrees that the total price, including profit, charged by Vendor to the Cooperative member shall not exceed the awarded pricing, including any applicable discount, under Vendor's Cooperative Contract. Proposal Forms CONST v.01.07.2020 Page 36 of 66 &578oard Cooperative Purchasing 12007 Research Boulevard • Austin,Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454 • buyboard.com 12. General Compliance and Cooperation with Cooperative Members: In addition to the foregoing specific requirements, Vendor agrees, in accepting any Purchase Order from a Cooperative member, it shall make a good faith effort to work with Cooperative members to provide such information and to satisfy such requirements as may apply to a particular Cooperative member purchase or purchases including, but not limited to, applicable recordkeeping and record retention requirements. Vendor Certification: YES, I agree or Vendor Certification Item No. NO, I do NOT agree Initial 1. Vendor Violation or Breach of Contract Terms yes TB 2. Termination for Cause or Convenience yes TB 3. Equal Employment Opportunity yes TB 4. Davis-Bacon Act yes TB 5. Contract Work Hours and Safety Standards Act yes TB 6. Right to Inventions Made Under a Contract or Agreement yes TB 7. Clean Air Act and Federal Water Pollution Control Act yes TB 8. Debarment and Suspension yes TB 9. Byrd Anti-Lobbying Amendment yes TB 10. Procurement of Recovered Materials yes TB 11. Profit as a Separate Element of Price yes TB 12. General Compliance and Cooperation with Cooperative Members yes TB By signature below, I certify that the information in this form is true, complete, and accurate and that I am authorized by my company to make this certification and all consents and agreements contained herein. TruGreen C y Name —A nA � � �A) Sig ature of kutK6rized Company Official Travis Brannon Printed Name Proposal Forms CONST v.01.07.2020 Page 37 of 66 &578oard Cooperative Purchasing 12007 Research Boulevard • Austin,Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454 • buyboard.com PROPOSAL INVITATION QUESTIONNAIRE The Cooperative will use your responses to the questions below in evaluating your Proposal and technical and financial resources to provide the goods and perform the services("Work' under the BuyBoard contract contemplated by this Proposal Invitation ("Contract"). Proposers must fully answer each question, numbering your responses to correspond to the questions/numbers below. Proposers must complete below or attach your responses to this questionnaire, sign where indicated below, and submit the signed questionnaire and your responses to all questions in one document with your Proposal. You must submit the signed questionnaire and responses with your Proposal or the Proposal will not be considered. 1. List the number of years Proposer has been in business and former business names (if applicable). Note whether your company is currently for sale or involved in any transaction that would significantly alter its business or result in acquisition by another entity. 45 years; no former business names; and TruGreen is not currently for sale or involved in any transaction(s) Which would significantly alter its business or result in acquisition by another entity 2. Describe Proposer's direct experience(not as a subcontractor) performing the work proposed under this contract. Include a brief description of the projects you have completed for Texas governmental entities in the last 5 years, and include for each the project name, scope, value, and date, and the name of the procuring government entity and entity contact person. Identify the contracts that best represent Proposer's capabilities relative to this contract. This is our core business. Irving ISD Todd Lane 2144358368 tlane@irvingisd.net 10% $37,626.00 -Arlington ISD Tim Borgen 817 718 6704 tborgen@aisd.net 10% $167,000.00- Mansfield ISD Mike Wynn 817 299 4345 mikewynn@misdmail.org 10% $78,000.00 Scurry-Rosser ISD Erik Scott 214 980 5239 erik.scott@scurry-rosser.com 3. Describe the resources Proposer has to manage staff and successfully perform the Work contemplated under this Contract. State the number and summarize the experience of company personnel who may be utilized for the Work, including those who will be available to Cooperative members for assistance with project development, technical issues, and product selection for Work associated with this Contract. We have approx.15 branches in Texas to service board members.Each branch has a commercial applicators liscenced GM and Commercial service manager .Also in many markets there is a dedicated commercial account manager that directly oversees the commercial accounts for TruGreen. . We also have a dedicated Regional Technical managerwho is liscenced and degreed in the field of agronomics to help support the branche personnel We also have Dr Ben Hamza at the corporate level that is available and highly degreed in the sciences of agronomics. Proposal Forms CONST v.01.07.2020 Page 38 of 66 &578oard kJ V Cooperative Purchasing 12007 Research Boulevard • Austin,Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454 • buyboard.com 4. The Contract does not include architectural or engineering services, which must be procured separately, outside of the Cooperative, in accordance with Chapter 2254 of the Texas Government Code (Professional Services Procurement Act). If you are performing work under the contract on a project that requires the services of an architect or professional engineer, how will you work with a Cooperative member and its designated architect or engineer with respect to services that must be procured outside the contract? if needed, we would provide a solution at the request of the architect or engineer and follow their lead or direction for the project. We would allow the architect or engineer to aquire needed vendors at their request to complete the work at hand. 5. Describe the tasks and functions that can be completed by Proposer in-house without the use of a subcontractor or other third party. Fertiliuzation, Pre-emergent herbicide, post emergent herbicide, insect and disease control applications, fire ant control, core aerations, Rye seeding, Vegetation control management, Tree and shrub fertilization, Tree and shrub Insect and Disease Applications, Tree injections 6. Describe Proposer's financial capability to perform the Contract. State or describe the firm's financial strength and rating, bonding capacity, and insurance coverage limits. State whether the firm, or any of the firm's past or present owners, principal shareholders or stockholders, or officers, have been a debtor party to a bankruptcy, receivership, or insolvency proceeding in the last 7 years, and identify any such debtor party by name and relationship to or position with your firm. TruGreen is financially capable of performing this contract; TruGreen is in good standing, and has strong financial strength. TruGreen is not, and none of its past or current owners, principle shareholders or officers have been a debtor party to a bankruptcy, receivership or insolvency proceeding in the past 7 years. 7. Does your company have any outstanding financial judgments and/or is it currently in default on any loan or financing agreement? If so, provide detailed information on the nature of such items and prospects for resolution. No Proposal Forms CONST v.01.07.2020 Page 39 of 66 &578oard Cooperative Purchasing 12007 Research Boulevard • Austin,Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454 • buyboard.com 8. List all contracts, if any, in the last 10 years on which Proposer has defaulted, failed to complete or deliver the work, or that have been terminated for any reason. Include any contract for which the surety was notified of a potential claim in regards to a payment or performance bond. For each such contract, provide the project name, scope, value and date and the name of the procuring entity. Fully explain the circumstances of the default, notice to surety, failure to complete or deliver the work, or termination. N/A 9. List all litigation or other legal proceedings (including arbitration proceedings and/or claims filed with a surety in regards to a payment or performance bond), if any, in the last 10 years brought against your firm, or any of the firm's past or present owners, principal shareholders or stockholders, officers, agents or employees, that relates to or arises from a contract similar to this Contract or the work contemplated under this Contract. Provide the style of the lawsuit or proceeding (name of parties and court or tribunal in which filed), if applicable, nature of the claim, and resolution or current status. N/A 10. Describe in detail the quality control system Proposer will use, including third party auditing certification, to support the long-term performance and structural strength of the products to be used in a project under the Contract. A TruGreen branch representative will meet with members utilizing our service on a quaterly basis to ensure they are getting the desired results. f they are not achieved, then based on the service or services purchased by the member, TruGreen will remedy the situation within 5-7 business days until satisfied. 11. If the work will require Proposer to tender performance or payment bonds, provide the name of the bonding company or surety that will issue such bonds. RLI Insurance Company Proposal Forms CONST v.01.07.2020 Page 40 of 66 &578oard Cooperative Purchasing 12007 Research Boulevard • Austin,Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454 • buyboard.com 12. Describe in detail all documented safety issues, if any, that have involved Proposer in the last three (3) years related to the type of work contemplated under this contract. Provide a 3-year history of your firm's workers compensation experience modifier. 7/7/17 - Pending OSHA Penalty re: Guarding not afixed/secured to machine at point of operation 2017 EMR: 0.89; 2016 EMR: 1 .00; 2015 EMR: 1 .00 By signature below, I certify that the information contained in and/or attached to this Proposal Invitation Questionnaire in response to the above questions is true and correct and that I am authorized by my company to make this certification. TruGreen Company Name Signat re of AutKol-712&d Company Official Proposal Forms CONST v.01.07.2020 Page 41 of 66 &578oard Cooperative Purchasing 12007 Research Boulevard • Austin,Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454 • buyboard.com PROPOSAL SPECIFICATION SUMMARY The categories and items specified for this Proposal Invitation are summarized below. For full Proposal Specifications, you must review and complete the Proposal Specification information in the electronic proposal submission system in accordance with the Instructions to Proposers (or, if submitting a hard copy Proposal, timely request and complete the Proposal Specification Form in accordance with the Instructions to Proposers). DEFINE SERVICES— Proposers must clearly define the services that are provided on a daily, weekly, monthly, six month and annual basis as well as all other services listed. Detailed information must be submitted or proposal will not be considered. Section I: Custodial Services for Building Interiors (Square Foot Pricing) 1. Annual Basic Custodial Services (all services provided on an annual basis), not to exceed annual per square foot pricing for basic custodial services. Basic custodial services are services required to provide professionally maintained facilities in a clean and safe manner. To include all necessary labor, supplies, equipment, and related materials. Section II: Custodial Services for Building Interiors (Hourly Labor Rate) 2 . Hourly Labor Rate for Additional Custodial Services for Manager Position, not to exceed hourly labor rate for Additional Custodial Services for Manager Position. 3. Hourly Labor Rate for Additional Custodial Services for Supervisor Position, not to exceed hourly labor rate for Additional Custodial Services for Supervisor Position. 4. Hourly Labor Rate for Additional Custodial Services for Day Lead Position, not to exceed hourly labor rate for Additional Custodial Services for Day Lead Position. 5. Hourly Labor Rate for Additional Custodial Services for Day Cleaner Position, not to exceed hourly labor rate for Additional Custodial Services for Day Cleaner Position. 6. Hourly Labor Rate for Additional Custodial Services for Night Lead Position, not to exceed hourly labor rate for Additional Custodial Services for Night Lead Position. 7. Hourly Labor Rate for Additional Custodial Services for Night Cleaner Position, not to exceed hourly labor rate for Additional Custodial Services for Night Cleaner Position. 8. Hourly Labor Rate for Additional Custodial Services for All Other Positions, not to exceed hourly labor rate for Additional Custodial Services for All Other Positions. 9. Hourly Labor Rate for Custodial Consulting and Training Services, not to exceed hourly labor rate for Custodial Consulting and Training Services. Section III: Lawn Care Services (Acre Pricina) 10. Basic Lawn Care Services - per acre pricing for basic lawn care services. Basic lawn care services are services required to provide professionally manicured landscapes in a clean and safe manner. To include all necessary labor, supplies, equipment, and related materials. 11. Basic Lawn Care Services for Premium Sports Fields - Premium sports fields are those that require a higher level/more specialized level of care due to the type of activity of the field. Per acre pricing for basic lawn care services. Basic lawn care services are services required to provide professionally manicured landscapes in a clean and safe manner. To include all necessary labor, supplies, equipment, and related materials. 12. Fertilizer Application for Lawns - per acre pricing for fertilizer application for lawns. At a minimum, fertilizer should be balanced for lawns containing three main elements at the rate of one-pound actual nitrogen per 1,000 sq. ft. and should be minimum of 20% slow release. 13. Pre-Emergent Herbicide Application for Lawns- per acre pricing for pre-emergent application for lawns. 14. Post-Emergent Herbicide Application for Lawns- per acre pricing for pre-emergent application for lawns. 15. Lawn Aeration - per acre pricing to core aerate lawns with a hollow tine aerator. Proposal Forms CONST v.01.07.2020 Page 42 of 66 &578oard Cooperative Purchasing 12007 Research Boulevard • Austin,Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454 • buyboard.com 16. Premium Sport Field Fertilization -Premium sports fields are those that require a higher level/more specialized level of care due to the type of activity of the field. Per acre pricing for five fertilization applications per year. To include all necessary labor, supplies, equipment, and related materials. 17. Pre-Emergent Herbicide Application for Premium Sport Fields- Premium sports fields are those that require a higher level/more specialized level of care due to the type of activity of the field. Per acre pricing for pre-emergent application for premium sport fields. To include all necessary labor, supplies, equipment, and related materials. 18. Post-Emergent Herbicide Application for Premium Sport Fields - Premium sports fields are those that require a higher level/more specialized level of care due to the type of activity of the field. Per acre pricing for pre-emergent application for premium sport fields. To include all necessary labor, supplies, equipment, and related materials. 19. All Other Lawn Care Services, per acre pricing for all other lawn care services. To include all necessary labor, supplies, equipment, and related materials. Proposal Forms CONST v.01.07.2020 Page 43 of 66 &578oard Cooperative Purchasing 12007 Research Boulevard • Austin,Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454 • buyboard.com REQUIRED FORMS CHECKLIST (Please check(V)the following) 0 Completed: Proposer's Agreement and Signature 0 Completed: Vendor Contact Information 0 Completed: Felony Conviction Disclosure and Debarment Certification 0 Completed: Resident/Nonresident Certification 0 Completed: No Israel Boycott Certification 0 Completed: No Excluded Nation or Foreign Terrorist Organization Certification 0 Completed: Historically Underutilized Business (HUB) Certification) 0 Completed: Construction Related Goods and Services Affirmation 0 Completed: Deviation/Compliance 0 Completed: Location/Authorized Seller Listings 0 Completed: Manufacturer Dealer Designation 0 Completed: Texas Regional Service Designation 0 Completed: State Service Designation 0 Completed: National Purchasing Cooperative Vendor Award Agreement 0 Completed: Federal and State/Purchasing Cooperative Experience 0 Completed: Governmental References 0 Completed: Marketing Strategy 0 Completed: Confidential/Proprietary Information XX Completed: Vendor Business Name with IRS Form W-9 0 Completed: EDGAR Vendor Certification 0 Completed: Proposal Invitation Questionnaire 0 Completed: Proposal Specifications with Detailed Information related to Services (or no bid response)must be submitted with proposal response or response will not be considered. 0 Completed: Required Forms Checklist Proposal Forms CONST v.01.07.2020 Page 44 of 66 oard PUR-CHASING COOPERATIVE 639-21 Addendum 1 Trugreen LLP Supplier Response Event Information Number: 639-21 Addendum 1 Title: Custodial and Lawn Care Services Type: Request for Proposal Issue Date: 8/21/2020 Deadline: 10/22/2020 04.00 PM (CT) Notes: Sauy�,rarrve��rcnaa�e¢ The Local Government Purchasing Cooperative(BuyBoard) Proposal Invitation No.639-21 Custodial and Lawn Care Services Proposal Due Date and Time: October 22,2020 at 4:00 PM Responding to this and future proposals online is easy with our online submission system. 1 . View and download the forms. • DO NOI log in to view and download the documents. • Visit vendor.buvboard.com and click on the"Current Proposal Invitations"button shown below to view and download the forms for this proposal. Current Proposal Invitations ► Page 1 of 8 pages Vendor:Trugreen LLP 639-21 Addendum 1 2.To submit completed proposal. Visit vendor.buvboard.com and click"Register/Login/Submit Proposal"button shown below to submit your proposal online. Register/LoginiSub€nit Proposal ► • For additional assistance click this link'View our Proposal Submission Instructions. New Vendor?Visit vendor.buvboard.com and click"Register/Login/Submit Proposal." Click Register now as a new supplier/vendor,so you don't miss future proposal opportunities. Any Addenda issued with this proposal will also be placed on the website,and it will be the vendor's responsibility to obtain the information. Page 2 of 8 pages Vendor:Trugreen LLP 639-21 Addendum 1 Trugreen LLP Information Address: 860 Ridge Lake Blvd Tax Dept A2-5088 Memphis, TN 38120 Phone: (214) 425-5827 Toll Free: (214) 425-5827 By submitting your response, you certify that you are authorized to represent and bind your company. Travis Brannon travisbrannon@trugreenmail.com Signature Email Submitted at 1012112020 11:55:49 AM Requested Attachments BuyBoard Proposal Invitation No. 639-21 Custodial and Lawn Care Services Proposal-No-639-21.pdf REQUIRED - In PDF format, upload all proposal invitation documents available for download at vendor.buyboard.com including any additional pages, as necessary. (Please DO NOT password protect uploaded files.) Detailed Information and Exceptions Related to Services Detailed Info.pdf REQUIRED - In PDF format, clearly define the services that are proposed to be provided and attach detailed information (NOTE: IF DETAILED INFORMATION IS NOT SUBMITTED, PROPOSAL WILL NOT BE CONSIDERED). (Please DO NOT password protect uploaded files.) IRS Form W-9 Request for Taxpayer Identification Number and Certification 2020 W9.pdf REQUIRED - In PDF format, upload W-9 form. (Please DO NOT password protect uploaded files.) Addendum No. 1 639-21-addend um-no-1.pdf REQUIRED - In PDF format, upload addendum document available for download at vendor.buyboard.com including any additional pages, as necessary. (Please DO NOT password protect uploaded files.) Bid Lines 1 Section I: Custodial Services for Building Interiors (Square Foot Pricing) -Annual Basic Custodial Services (all services provided on an annual basis), not to exceed annual per square foot pricing for basic custodial services. Basic custodial services are services required to provide professionally maintained facilities in a clean and safe manner. To include all necessary labor, supplies, equipment, and related materials. UOM: Square Foot No Bid Item Notes: DEFINE SERVICES— Proposers must clearly define the services that are provided on a daily, weekly, monthly, six month and annual basis as well as all other services listed. Detailed information must be submitted or proposal will not be considered. Page 3 of 8 pages Vendor:Trugreen LLP 639-21 Addendum 1 2 Section II: Custodial Services for Building Interiors (Hourly Labor Rate) - Hourly Labor Rate for Additional Custodial Services for Manager Position, not to exceed hourly labor rate for Additional Custodial Services for Manager Position. UOM: Hour No Bid Item Notes: DEFINE SERVICES— Proposers must clearly define the services that are provided on a daily, weekly, monthly, six month and annual basis as well as all other services listed. Detailed information must be submitted or proposal will not be considered. 3 Section II: Custodial Services for Building Interiors (Hourly Labor Rate) - Hourly Labor Rate for Additional Custodial Services for Supervisor Position, not to exceed hourly labor rate for Additional Custodial Services for Supervisor Position. UOM: Hour No Bid Item Notes: DEFINE SERVICES— Proposers must clearly define the services that are provided on a daily, weekly, monthly, six month and annual basis as well as all other services listed. Detailed information must be submitted or proposal will not be considered. 4 Section II: Custodial Services for Building Interiors (Hourly Labor Rate) - Hourly Labor Rate for Additional Custodial Services for Day Lead Position, not to exceed hourly labor rate for Additional Day Lead for Day Lead Position. UOM: Hour No Bid Item Notes: DEFINE SERVICES— Proposers must clearly define the services that are provided on a daily, weekly, monthly, six month and annual basis as well as all other services listed. Detailed information must be submitted or proposal will not be considered. 5 Section II: Custodial Services for Building Interiors (Hourly Labor Rate) - Hourly Labor Rate for Additional Custodial Services for Day Cleaner Position, not to exceed hourly labor rate for Additional Custodial Services for Day Cleaner Position. UOM: Hour No Bid Item Notes: DEFINE SERVICES— Proposers must clearly define the services that are provided on a daily, weekly, monthly, six month and annual basis as well as all other services listed. Detailed information must be submitted or proposal will not be considered. Page 4 of 8 pages Vendor:Trugreen LLP 639-21 Addendum 1 6 Section II: Custodial Services for Building Interiors (Hourly Labor Rate) - Hourly Labor Rate for Additional Custodial Services for Night Lead Position, not to exceed hourly labor rate for Additional Custodial Services for Night Lead Position. UOM: Hour No Bid Item Notes: DEFINE SERVICES— Proposers must clearly define the services that are provided on a daily, weekly, monthly, six month and annual basis as well as all other services listed. Detailed information must be submitted or proposal will not be considered. 7 Section II: Custodial Services for Building Interiors (Hourly Labor Rate) - Hourly Labor Rate for Additional Custodial Services for Night Cleaner Position, not to exceed hourly labor rate for Additional Custodial Services for Night Cleaner Position. UOM: Hour No Bid Item Notes: DEFINE SERVICES— Proposers must clearly define the services that are provided on a daily, weekly, monthly, six month and annual basis as well as all other services listed. Detailed information must be submitted or proposal will not be considered. 8 Section II: Custodial Services for Building Interiors (Hourly Labor Rate) - Hourly Labor Rate for Additional Custodial Services for All Other Positions, not to exceed hourly labor rate for Additional Custodial Services for All Other Positions. UOM: Hour No Bid Item Notes: DEFINE SERVICES— Proposers must clearly define the services that are provided on a daily, weekly, monthly, six month and annual basis as well as all other services listed. Detailed information must be submitted or proposal will not be considered. 9 Section II: Custodial Services for Building Interiors (Hourly Labor Rate) - Hourly Labor Rate for Custodial Consulting and Training Services, not to exceed hourly labor rate for Additional Custodial Services for All Other Positions. UOM: Hour No Bid Item Notes: DEFINE SERVICES— Proposers must clearly define the services that are provided on a daily, weekly, monthly, six month and annual basis as well as all other services listed. Detailed information must be submitted or proposal will not be considered. Page 5 of 8 pages Vendor:Trugreen LLP 639-21 Addendum 1 1 0 Section III: Lawn Care Services (Acre Pricing) - Basic Lawn Care Services - per acre pricing for basic lawn care services. Basic lawn care services are services required to provide professionally manicured landscapes in a clean and safe manner. To include all necessary labor, supplies, equipment, and related materials. UOM: Acre No Bid Item Notes: DEFINE SERVICES— Proposers must clearly define the services that are provided on a daily, weekly, monthly, six month and annual basis as well as all other services listed. Detailed information must be submitted or proposal will not be considered. 1 1 Section III: Lawn Care Services (Acre Pricing) - Basic Lawn Care Services for Premium Sports Fields - Premium sports fields are those that require a higher level/more specialized level of care due to the type of activity of the field. Per acre pricing for basic lawn care services. Basic lawn care services are services required to provide professionally manicured landscapes in a clean and safe manner. To include all necessary labor, supplies, equipment, and related materials. UOM: Acre No Bid Item Notes: DEFINE SERVICES— Proposers must clearly define the services that are provided on a daily, weekly, monthly, six month and annual basis as well as all other services listed. Detailed information must be submitted or proposal will not be considered. 1 2 Section III: Lawn Care Services (Acre Pricing) - Fertilizer Application for Lawns - per acre pricing for fertilizer application for lawns. At a minimum, fertilizer should be balanced for lawns containing three main elements at the rate of one-pound actual nitrogen per 1,000 sq. ft. and should be minimum of 20% slow release. UOM: Acre Price: $127.55 Total: $127.55 Item Notes: DEFINE SERVICES— Proposers must clearly define the services that are provided on a daily, weekly, monthly, six month and annual basis as well as all other services listed. Detailed information must be submitted or proposal will not be considered. 1 3 Section III: Lawn Care Services (Acre Pricing) - Pre-Emergent Herbicide Application for Lawns - per acre pricing for pre-emergent application for lawns. UOM: Acre Price: $117.35 Total: $117.35 Item Notes: DEFINE SERVICES— Proposers must clearly define the services that are provided on a daily, weekly, monthly, six month and annual basis as well as all other services listed. Detailed information must be submitted or proposal will not be considered. Page 6 of 8 pages Vendor:Trugreen LLP 639-21 Addendum 1 1 4 Section III: Lawn Care Services (Acre Pricing) - Post-Emergent Herbicide Application for Lawns - per acre pricing for pre-emergent application for lawns. UOM: Acre Price: $142.86 Total: $142.86 Item Notes: DEFINE SERVICES— Proposers must clearly define the services that are provided on a daily, weekly, monthly, six month and annual basis as well as all other services listed. Detailed information must be submitted or proposal will not be considered. 1 5 Section III: Lawn Care Services (Acre Pricing) - Lawn Aeration - per acre pricing to core aerate lawns with a hollow tine aerator. UOM: Acre Price: $250.00 Total: $250.00 Item Notes: DEFINE SERVICES— Proposers must clearly define the services that are provided on a daily, weekly, monthly, six month and annual basis as well as all other services listed. Detailed information must be submitted or proposal will not be considered. 1 6 Section III: Lawn Care Services (Acre Pricing) - Premium Sport Field Fertilization -Premium sports fields are those that require a higher level/more specialized level of care due to the type of activity of the field. Per acre pricing for five fertilization applications per year. To include all necessary labor, supplies, equipment, and related materials. UOM: Acre Price: $637.75 Total: $637.75 Item Notes: DEFINE SERVICES— Proposers must clearly define the services that are provided on a daily, weekly, monthly, six month and annual basis as well as all other services listed. Detailed information must be submitted or proposal will not be considered. 1 7 Section III: Lawn Care Services (Acre Pricing) - Pre-Emergent Herbicide Application for Premium Sport Fields - Premium sports fields are those that require a higher level/more specialized level of care due to the type of activity of the field. Per acre pricing for pre-emergent application for premium sport fields. To include all necessary labor, supplies, equipment, and related materials. UOM: Acre Price: $183.67 Total: $183.67 Item Notes: DEFINE SERVICES— Proposers must clearly define the services that are provided on a daily, weekly, monthly, six month and annual basis as well as all other services listed. Detailed information must be submitted or proposal will not be considered. Page 7 of 8 pages Vendor:Trugreen LLP 639-21 Addendum 1 1 8 Section III: Lawn Care Services (Acre Pricing) - Post-Emergent Herbicide Application for Premium Sport Fields - Premium sports fields are those that require a higher level/more specialized level of care due to the type of activity of the field. Per acre pricing for pre-emergent application for premium sport fields. To include all necessary labor, supplies, equipment, and related materials. UOM: Acre Price: $280.62 Total: $280.62 Item Notes: DEFINE SERVICES— Proposers must clearly define the services that are provided on a daily, weekly, monthly, six month and annual basis as well as all other services listed. Detailed information must be submitted or proposal will not be considered. 1 9 Section III: Lawn Care Services (Acre Pricing) -All Other Lawn Care Services, per acre pricing for all other lawn care services. To include all necessary labor, supplies, equipment, and related materials. UOM: Acre Price: $367.35 Total: $367.35 Item Notes: DEFINE SERVICES— Proposers must clearly define the services that are provided on a daily, weekly, monthly, six month and annual basis as well as all other services listed. Detailed information must be submitted or proposal will not be considered. Response Total: $2,107.15 Page 8 of 8 pages Vendor:Trugreen LLP 639-21 Addendum 1 DZUBoard Cooperative Purchasing 12007 Research Boulevard • Austin,Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454 • www.buyboard.com THE LOCAL GOVERNMENT PURCHASING COOPERATIVE ADDENDUM NO. 1 Proposal Invitation No. 639-21 — Custodial and Lawn Care Services The following addenda is issued to Proposal Invitation 639-21, Custodial and Lawn Care Services, and shall become a permanent part of the Proposal Invitation document: QUESTIONS AND ANSWERS: 1. General Terms and Conditions, Section E.16, Indemnification. A question was received as to whether the word "less" in the last sentence of this section is a typo. Answer: No. 2. A question was received as to whether the indemnification and termination provisions in the General Terms and Conditions are negotiable. Answer: Any deviations submitted by a Proposer will need to be reviewed as part of the Proposal review and evaluation process. As provided in General Terms and Conditions Section 13.4, the submission of any deviation may place Proposer at a competitive disadvantage or otherwise prevent the Cooperative from considering the Proposal on the affected item(s), and the Cooperative reserves the right to accept or reject a Proposal based upon any submitted deviation. While individual deviations will be reviewed, Proposers are advised that deviations are typically not accepted to the following sections of the General Terms and Conditions: Section 13.9, Requirements of the Texas Public Information Act; Confidential Information; Section 13.12, Certifications; Section E.4, Awarded Pricing; Section E.6(b), Payments; Section E.12, Service Fee; Section E.13, Disclaimer of Warranty and Limitation of Liability; Section E.14, Sales Tax; Section E.15, Use of Logo and Trade Name; Section E.16, Indemnification; Section E.17, Intellectual Property Infringement; Section E.18, Remedies for Default and Termination of Contract; Section E.19, Force Majeure; Section F, Miscellaneous, including all subsections (F.1-F.12) thereto. Please sign and return one copy of this Addendum with your proposal as verification of your receipt and compliance with the information contained in this addendum. Company Name: TrUGreen Address: 594 Greenhill Dr Signature of Authorize Company Official: 1 �t4�/ Title: B D R Telephone Number: 5123883726 Opt 2 Date: 10/20/2020 Addendum No. 1, Proposal Invitation No. 638-21 Page 1 of 1 Exhibit C CONFLICT OF INTEREST QUESTIONNAIRE FORM CIO For vendor doing business with local governmental entity This questionnaire retlects changes made to the law by H.B. 23, 84th Leg., Regular Session. OFFICE USE ONLY This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who pate Received has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Government Code. A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code.An offense under this section is a misdemeanor. 11 Name of vendor who has a business relationship with local governmental entity. 2 Check this box If you are filing an update to a previously filed questionnaire.(The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.) 3 Flame of local government officer about whom the information is being disclosed. ilk Name of Officer 4 Describe each employment or other business relationship with the local government officer,or a family member of the i officer,as described by Section 176,013(a)(2)(A). Also describe any family relationship with the local government officer. Complete subparts A and B for each employment or business relationship described. Attach additional pages to this Form CIO as necessary. i f A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income, other than investment income, from the vendor? ElYes No B_ Is the vendor receiving or likely to receive taxable income,other than investment income,from or at the direction of the local government officer or a family member of the officer AND the taxable income is not received from the local governmental entity? ElYes FA No -§J Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or I other business entity with respect to which the local government officer serves as an officer or director, or holds an i ownership Interest of one percent or more. C s I ❑ Check this box if the vendor has given the local government officer or a family member of the officer one or more gifts as described in Section 176.003(a)(2)(B), excluding gifts described in Section 176.003(a-1). / .. - -�- lo Signatu a of vendor doing business with the governmental entity Date Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 1/1/2021