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Contract 53462
CSC No. 53462 BF-cENED C1Tr 01FCRT\NCRTN VENDOR SERVICES AGREEMENT CCTV 5FC(�CY�F'Y (COOPERATIVE PURCHASE AGREEMENT) �' This VENDOR SERVICES AGREEMENT ("Agreement") is made and entered into by and between the CITY OF FORT WORTH("City"),a home-rule municipal corporation of the State of Texas, acting by and through its duly authorized Assistant City Manager, and TRUGREEN LIMITED PARTNERSHIP ("Vendor") acting by and through its duly authorized representative, each individually referred to as a"party"and collectively referred to as the"parties." WHEREAS, City desires to contract for fertilizer, weed control, pesticide control and related services for the City's rights-of-way, medians, and other properties; and WHEREAS, Vendor was awarded a BuyBoard contract by the Local Government Purchasing Cooperative for the services the City desires; and WHEREAS, City desires to procure the services from Vendor using the BuyBoard contract; NOW THEREFORE, Vendor and City, acting by and through their duly authorized representatives, agree as follows: AGREEMENT DOCUMENTS: The Agreement documents shall include the following: 1. This Vendor Services Agreement; 2. Exhibit A—Scope of Services; 3. Exhibit B—Price Schedule; 4. Exhibit C—Verification of Signature Authority Form; and 5. Exhibit D—Buyboard Proposal No. 557-18—Custodial and Lawn Care Services. Exhibits A, B, C, and D which are attached hereto and incorporated herein, are made a part of this Agreement for all purposes.In the event of any conflict between the terms and conditions of Exhibits A,B, C, or D and the terms and conditions set forth in the body of this Agreement, the terms and conditions in the body of this Agreement shall control. 1. SCOPE OF SERVICES. Vendor shall provide City with fertilizer,weed control,pesticide control and related services at the City's rights-of-way, medians and properties ("Services"). Exhibit "A," - Scope of Services more specifically describes the Services to be provided hereunder. 2. TERM. This Agreement shall begin on January 1,2020("Effective Date")and shall expire on February 28, 2020 ("Expiration Date"), unless terminated earlier in accordance with this Agreement ("Initial Term"). This Agreement may be renewed for up to one additional year upon agreement of the parties ("Renewal Term"). Vendor Services Agreement(Cooperative Services Agreement) TruGreen Limited Partnership CITY SECRETARY Rev. 10/19 FT WORTH,TX 3. COMPENSATION. City shall pay Vendor in accordance with the provisions of this Agreement and Exhibit`B,"—Price Schedule. Total payment made under this Agreement for the Initial Term by City shall be in an amount not to exceed $1,500.00. The total compensation during any Renewal Term shall be set forth in a written amendment to this Agreement. Vendor shall not perform any additional services or bill for expenses incurred for City not specified by this Agreement unless City requests and approves in writing the additional costs for such services. City shall not be liable for any additional expenses of Vendor not specified by this Agreement unless City first approves such expenses in writing. 4. TERMINATION. 4.1. Written Notice. City or Vendor may terminate this Agreement at any time and for any reason by providing the other party with 30 days' written notice of termination. 4.2 Non-appropriation of Funds. In the event no funds or insufficient funds are appropriated by City in any fiscal period for any payments due hereunder, City will notify Vendor of such occurrence and this Agreement shall terminate on the last day of the fiscal period for which appropriations were received without penalty or expense to City of any kind whatsoever, except as to the portions of the payments herein agreed upon for which funds have been appropriated. 4.3 Duties and Obligations of the Parties. In the event that this Agreement is terminated prior to the Expiration Date, City shall pay Vendor for services actually rendered up to the effective date of termination and Vendor shall continue to provide City with services requested by City and in accordance with this Agreement up to the effective date of termination. Upon termination of this Agreement for any reason,Vendor shall provide City with copies of all completed or partially completed documents prepared under this Agreement. In the event Vendor has received access to City Information or data as a requirement to perform services hereunder, Vendor shall return all City provided data to City in a machine readable format or other format deemed acceptable to City. 5. DISCLOSURE OF CONFLICTS AND CONFIDENTIAL INFORMATION. 5.1 Disclosure of Conflicts. Vendor hereby warrants to City that Vendor has made full disclosure in writing of any existing or potential conflicts of interest related to Vendor's services under this Agreement. In the event that any conflicts of interest arise after the Effective Date of this Agreement, Vendor hereby agrees immediately to make full disclosure to City in writing. 5.2 Confidential Information.Vendor,for itself and its officers,agents and employees, agrees that it shall treat all information provided to it by City("City Information") as confidential and shall not disclose any such information to a third party without the prior written approval of City. 5.3 Unauthorized Access.Vendor shall store and maintain City Information in a secure manner and shall not allow unauthorized users to access, modify, delete or otherwise corrupt City Information in any way.Vendor shall notify City immediately if the security or integrity of any City Information has been compromised or is believed to have been compromised,in which event,Vendor shall,in good faith,use all commercially reasonable efforts to cooperate with City in identifying what information has been accessed by unauthorized means and shall fully cooperate with City to protect such City Information from further unauthorized disclosure. Vendor Services Agreement(Cooperative Services Agreement) Page 2 of 55 TruGreen Limited Partnership Rev. 10/19 6. RIGHT TO AUDIT. 6.1 Vendor agrees that City shall, until the expiration of three (3) years after final payment under this contract,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. 7. INDEPENDENT CONTRACTOR. 7.1 It is expressly understood and agreed that Vendor shall operate as an independent contractor as to all rights and privileges and work performed under this Agreement, and not as agent, representative or employee of City. Subject to and in accordance with the conditions and provisions of this Agreement, Vendor shall have the exclusive right to control the details of its operations and activities and be solely responsible for the acts and omissions of its officers,agents,servants,employees,consultants and subcontractors. Vendor acknowledges that the doctrine of respondeat superior shall not apply as between City,its officers,agents,servants and employees,and Vendor,its officers,agents,employees,servants,and subcontractors. Vendor further agrees that nothing herein shall be construed as the creation of a partnership or j oint enterprise between City and Vendor.It is further understood that City shall in no way be considered a Co-employer or a Joint employer of Vendor or any officers,agents,servants,employees or subcontractors of Vendor. Neither Vendor,nor any officers,agents,servants,employees or subcontractors of Vendor shall be entitled to any employment benefits from City. Vendor shall be responsible and liable for any and all payment and reporting of taxes on behalf of itself, and any of its officers, agents, servants, employees or subcontractors. 8. LIABILITY AND INDEMNIFICATION. 8.1 For purposes of this Agreement, the following words and phrases shall be defined as follows: I. Environmental Damages shall mean all claims, judgments, damages, losses, penalties, fines, liabilities (including strict liability), encumbrances, liens, costs, and expenses of investigation and defense of any claim,whether or not such claim is ultimately defeated, and of any good faith settlement or judgment, of whatever kind or nature, contingent or otherwise, matured or unmatured, foreseeable or unforeseeable, including without limitation reasonable attorney's fees and disbursements and consultant's fees, any of which are incurred as a result of handling,transportation,application,and disposal of fertilizer,pesticides and other chemicals pursuant to this Agreement, or the existence of a violation of environmental requirements pertaining to,and including without limitation: a. Damages for personal injury and death, or injury to property or natural resources; Vendor Services Agreement(Cooperative Services Agreement) Page 3 of 55 TruGreen Limited Partnership Rev. 10/19 b. Fees incurred for the services of attorneys, consultants, contractors, experts, laboratories and all other costs in connection with the investigation or remediation of such wastes or violation of environmental requirements including, but not limited to, the preparation of any feasibility studies or reports of the performance of any cleanup, remediation, removal, response, abatement, containment, closure, restoration or monitoring work required by any federal, state or local governmental agency or political subdivision, or otherwise expended in connection with the existence of such wastes or violations of environmental requirements, and including without limitation any attorney's fees, costs and expenses incurred in enforcing this Agreement or collecting any sums due hereunder; and C. Liability to any third person or governmental agency to indemnify such person or agency for costs expended in connection with the items referenced in subsection(b)above. 2. Environmental requirements shall mean all applicable present and future statutes, regulations, rules, ordinances, codes, licenses, permits, orders, approvals, plans, authorizations, concessions, franchises, and similar items, of all governmental agencies, departments, commissions, boards, bureaus, or instrumentalities of the United States, states, and political subdivisions thereof and all applicable judicial, administrative, and regulatory decrees, judgments, and orders relating to the protection of human health or the environment,including without limitation: a. All requirements, including, but not limited to, those pertaining to reporting, licensing, permitting, investigation, and remediation of emissions, discharges, releases, or threatened releases of hazardous materials, pollutants, contaminants or hazardous or toxic substances, materials, or wastes whether solid, liquid, or gaseous in nature, into the air, surface water, groundwater, stormwater, or land, or relating to the manufacture, processing, distribution, use, treatment, storage, disposal, transport, or handling of pollutants, contaminants, or hazardous or toxic substances, materials, or wastes, whether solid, liquid, or gaseous in nature; and b. All requirements pertaining to the protection of the health and safety of employees or the public. 8.2 LIABILITY- VENDOR SHALL BE LIABLE AND RESPONSIBLE FOR ANY AND ALL PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, TO THE EXTENT CAUSED BY THE NEGLIGENT ACT(S) OR OMISSION(S), MALFEASANCE OR INTENTIONAL MISCONDUCT OF VENDOR, ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES. 8.3 GENERAL INDEMNIFICATION-VEND ORHEREBYCOVENANTS AND AGREES TO INDEMNIFY,HOLD HARMLESS AND DEFEND CITY,ITS OFFICERS,AGENTS,SERVANTS AND EMPLOYEES,FR OM AND A GAINS T A NY AND ALL CLAIMS OR LAWSUITS OFANYMND Vendor Services Agreement(Cooperative Services Agreement) Page 4 of 55 TruGreen Limited Partnership Rev. 10/19 OR CHARACTER, WHETHER REAL OR ASSERTED, FOR EITHER PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO VENDOR'S BUSINESS AND ANY RESULTING LOST PROFITS)AND/OR PERSONAL INJURY,INCLUDING DEATH, TO ANYAND ALL PERSONS, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, TO THE EXTENT CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS OR MALFEASANCE OF VENDOR,ITS OFFICERS,AGENTS,SERVANTS OR EMPLOYEES. 8.4 ENVIRONMENTAL INDEMNIFICATION. VENDOR HEREBY COVENANTS AND AGRESS TO RELEASE, INDEMNIFY, DEFEND, REIMBURSE, AND HOLD HARMLESS THE CITY, ITS OFFICERS, AGENTS, EMPLOYEES AND VOLUNTEERS, AGAINST ANY AND ALL ENVIRONMENTAL DAMAGES AND THE VIOLATION OF ANY AND ALL ENVIRONMENTAL REQUIREMENTS RESULTING FROM THE HANDLING, TRANSPORTATION, APPLICATION, AND DISPOSAL OF FERTILIZER, PESTICIDES AND OTHER CHEMICALS PURSUANT TO THIS AGREEMENT. 9. ASSIGNMENT AND SUBCONTRACTING. 9.1 Assignment. Vendor shall not assign or subcontract any of its duties, obligations or rights under this Agreement without the prior written consent of City. If City grants consent to an assignment,the assignee shall execute a written agreement with City and Vendor under which the assignee agrees to be bound by the duties and obligations of Vendor under this Agreement.Vendor and Assignee shall be jointly liable for all obligations of Vendor under this Agreement prior to the effective date of the assignment. 9.2 Subcontract. If City grants consent to a subcontract, the subcontractor shall execute a written agreement with Vendor referencing this Agreement under which the subcontractor shall agree to be bound by the duties and obligations of Vendor under this Agreement as such duties and obligations may apply.Vendor shall provide City with a fully executed copy of any such subcontract. 10. INSURANCE. Vendor shall provide City with certificate(s) of insurance documenting policies of the following types and minimum coverage limits that are to be in effect prior to commencement of any work pursuant to this Agreement: 10.1 Coverage and Limits (a) Commercial General Liability: $1,000,000- Each Occurrence $2,000,000- Aggregate (b) Automobile Liability: $1,000,000- Each occurrence on a combined single limit basis Coverage shall be on any vehicle used by Vendor, its employees, agents, representatives in the course of providing services under this Agreement. "Any vehicle" shall be any vehicle owned,hired and non-owned. (c) Worker's Compensation: Vendor Services Agreement(Cooperative Services Agreement) Page 5 of 55 TruGreen Limited Partnership Rev. 10/19 Statutory limits according to the Texas Workers' Compensation Act or any other state workers' compensation laws where the work is being performed Employers' liability $100,000- Bodily Injury by accident; each accident/occurrence $100,000- Bodily Injury by disease; each employee $500,000- Bodily Injury by disease;policy limit (d) Professional Liability(Errors&Omissions): $1,000,000- Each Claim Limit $1,000,000- Aggregate Limit Professional Liability coverage may be provided through an endorsement to the Commercial General Liability (CGL) policy, or a separate policy specific to Professional E&O. Either is acceptable if coverage meets all other requirements. Coverage shall be claims-made,and maintained for the duration of the contractual agreement and for two (2) years following completion of services provided. An annual certificate of insurance shall be submitted to City to evidence coverage. (e) Environmental Impairment Liability(EEL)and/or Pollution Liability-$2,000,000 per occurrence. EEL coverage(s) must be included in policies listed in items (a) and (d) above; or, such insurance shall be provided under separate policy(s). Liability for damage occurring while loading, unloading and transporting chemicals required under the contract shall be included under the Automobile Liability insurance or other policies. 10.2 General Requirements (a) The commercial general liability and automobile liability policies shall name City as an additional insured thereon, as its interests may appear.The term City shall include its employees, officers, officials, agents, and volunteers in respect to the contracted services. (b) The workers' compensation policy shall include a Waiver of Subrogation (Right of Recovery)in favor of City. (c) A minimum of Thirty (30) days' notice of cancellation or reduction in limits of coverage shall be provided to City. Ten(10)days'notice shall be acceptable in the event of non-payment of premium.Notice shall be sent to the Risk Manager, City of Fort Worth,200 Texas Street,Fort Worth,Texas 76102,with copies to the Fort Worth City Attorney at the same address. (d) The insurers for all policies must be licensed and/or approved to do business in the State of Texas. All insurers must have a minimum rating of A-VII in the current A.M.Best Key Rating Guide,or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. If the rating is below that required,written approval of Risk Management is required. Vendor Services Agreement(Cooperative Services Agreement) Page 6 of 55 TruGreen Limited Partnership Rev. 10/19 (e) Any failure on the part of City to request required insurance documentation shall not constitute a waiver of the insurance requirement. (f) Certificates of Insurance evidencing that Vendor has obtained all required insurance shall be delivered to the City prior to Vendor proceeding with any work pursuant to this Agreement. 11. COMPLIANCE WITH LAWS,ORDINANCES,RULES AND REGULATIONS. 11.1 Vendor agrees that in the performance of its obligations hereunder,it shall comply with all applicable federal, state and local laws, ordinances,rules and regulations and that any work it produces in connection with this Agreement will also comply with all applicable federal, state and local laws, ordinances, rules and regulations. If City notifies Vendor of any violation of such laws, ordinances, rules or regulations,Vendor shall immediately desist from and correct the violation. 12. NON-DISCRIMINATION COVENANT. 12.1 Vendor, for itself, its personal representatives, assigns, subcontractors and successors in interest, as part of the consideration herein, agrees that in the performance of Vendor's duties and obligations hereunder, it shall not discriminate in the treatment or employment of any individual or group of individuals on any basis prohibited by law. IF ANY CLAIM ARISES FROM AN ALLEGED VIOLATION OF THIS NON-DISCRIMINATION COVENANT BY VENDOR, ITS PERSONAL REPRESENTATIVES, ASSIGNS, SUBCONTRACTORS, OR SUCCESSORS IN INTEREST, VENDOR AGREES TO ASSUME SUCH LIABILITY AND TO INDEMNIFY AND DEFEND CITY AND HOLD CITY HARMLESS FROM SUCH CLAIM. 13. NOTICES. 13.1 Notices required pursuant to the provisions of this Agreement shall be conclusively determined to have been delivered when (1) hand-delivered to the other party, its agents, employees, servants or representatives, (2) delivered by facsimile with electronic confirmation of the transmission, or (3) received by the other party by United States Mail, registered, return receipt requested, addressed as follows: To CITY: To VENDOR: City of Fort Worth TruGreen Limited Partnership Attn: City Manager's Office Attn: Jon Browder 200 Texas Street 7501 Airport Freeway Fort Worth,TX 76102-6314 Richland Hills,TX 76118 Facsimile: (817)392-8654 With copy to: With copy to Fort Worth City Attorney's Office at TruGreen Limited Partnership same address Attn: Corporate Legal 1790 Kirby Parkway, Ste.#300—Forum 11 Memphis,TN 38138 Vendor Services Agreement(Cooperative Services Agreement) Page 7 of 55 TruGreen Limited Partnership Rev. 10/19 14. SOLICITATION OF EMPLOYEES. 14.1 Neither City nor Vendor shall, during the term of this Agreement and additionally for a period of one year after its termination, solicit for employment or employ, whether as employee or independent contractor, any person who is or has been employed by the other during the term of this Agreement,without the prior written consent of the person's employer.Notwithstanding the foregoing,this provision shall not apply to an employee of either party who responds to a general solicitation of advertisement of employment by either party. 15. GOVERNMENTAL POWERS. 15.1 It is understood and agreed that by execution of this Agreement, City does not waive or surrender any of its governmental powers or immunities. 16. NO WAIVER. 16.1 The failure of City or Vendor to insist upon the performance of any term or provision of this Agreement or to exercise any right granted herein shall not constitute a waiver of City's or Vendor's respective right to insist upon appropriate performance or to assert any such right on any future occasion. 17. GOVERNING LAW/VENUE. 17.1 This Agreement shall be construed in accordance with the laws of the State of Texas. If any action, whether real or asserted, at law or in equity, is brought pursuant to this Agreement, venue for such action shall lie in state courts located in Tarrant County,Texas or the United States District Court for the Northern District of Texas,Fort Worth Division. 18. SEVERABILITY. 18.1 If any provision of this Agreement is held to be invalid, illegal or unenforceable, the validity,legality and enforceability of the remaining provisions shall not in any way be affected or impaired. 19. FORCE MAJEURE. 19.1 City and Vendor shall exercise their best efforts to meet their respective duties and obligations as set forth in this Agreement, but shall not be held liable for any delay or omission in performance due to force majeure or other causes beyond their reasonable control, including, but not limited to, compliance with any government law, ordinance or regulation, acts of God, acts of the public enemy, fires, strikes, lockouts, natural disasters, wars, riots, material or labor restrictions by any governmental authority,transportation problems and/or any other similar causes. 20. HEADINGS NOT CONTROLLING. 20.1 Headings and titles used in this Agreement are for reference purposes only, shall not be deemed a part of this Agreement, and are not intended to define or limit the scope of any provision of this Agreement. Vendor Services Agreement(Cooperative Services Agreement) Page 8 of 55 TruGreen Limited Partnership Rev. 10/19 21. REVIEW OF COUNSEL. 21.1 The parties acknowledge that each party and its counsel have reviewed and revised this Agreement and that the normal rules of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement or Exhibits A,B,C and D. 22. AMENDMENTS/MODIFICATIONS/EXTENSIONS. 22.1 No amendment,modification,or extension of this Agreement shall be binding upon a party hereto unless set forth in a written instrument, which is executed by an authorized representative of each party. 23. ENTIRETY OF AGREEMENT. 23.1 This Agreement,including Exhibits A,B, C,and D, contains the entire understanding and agreement between City and Vendor, their assigns and successors in interest, as to the matters contained herein. Any prior or contemporaneous oral or written agreement is hereby declared null and void to the extent in conflict with any provision of this Agreement. 24. COUNTERPARTS. 24.1 This Agreement may be executed in one or more counterparts and each counterpart shall, for all purposes,be deemed an original,but all such counterparts shall together constitute one and the same instrument. 25. WARRANTY OF SERVICES. 25.1 Vendor warrants that its services will be of a high quality and conform to generally prevailing industry standards.City must give written notice of any breach of this warranty within thirty(30) days from the date that the services are completed. In such event, at Vendor's option,Vendor shall either (a) use commercially reasonable efforts to re-perform the services in a manner that conforms with the warranty,or(b)refund the fees paid by City to Vendor for the nonconforming services. 26. IMMIGRATION NATIONALITY ACT. 26.1 Vendor shall verify the identity and employment eligibility of its employees who perform work under this Agreement, including completing the Employment Eligibility Verification Form (I- 9). Upon request by City,Vendor shall provide City with copies of all 1-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Vendor shall adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any Vendor employee who is not legally eligible to perform such services. VENDOR SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY VENDOR, VENDOR'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. City, upon written notice to Vendor, shall have the right to immediately terminate this Agreement for violations of this provision by Vendor. Vendor Services Agreement(Cooperative Services Agreement) Page 9 of 55 TruGreen Limited Partnership Rev. 10/19 27. OWNERSHIP OF WORK PRODUCT. 27.1 City shall be the sole and exclusive owner of all reports,work papers,procedures,guides, and documentation, created, published, displayed, and/or produced in conjunction with the services provided under this Agreement(collectively,"Work Product"). Further,City shall be the sole and exclusive owner of all copyright, patent, trademark, trade secret and other proprietary rights in and to the Work Product. Ownership of the Work Product shall inure to the benefit of City from the date of conception, creation or fixation of the Work Product in a tangible medium of expression(whichever occurs first).Each copyrightable aspect of the Work Product shall be considered a "work-made-for-hire" within the meaning of the Copyright Act of 1976, as amended. If and to the extent such Work Product, or any part thereof, is not considered a "work-made-for-hire" within the meaning of the Copyright Act of 1976, as amended, Vendor hereby expressly assigns to City all exclusive right, title and interest in and to the Work Product, and all copies thereof,and in and to the copyright,patent,trademark,trade secret,and all other proprietary rights therein, that City may have or obtain, without further consideration, free from any claim, lien for balance due,or rights of retention thereto on the part of City. 28. SIGNATURE AUTHORITY. 28.1 The person signing this Agreement hereby warrants that he/she has the legal authority to execute this Agreement on behalf of the respective party, and that such binding authority has been granted by proper order, resolution, ordinance or other authorization of the entity. This Agreement and any amendment hereto, may be executed by any authorized representative of Vendor whose name, title and signature is affixed on the Verification of Signature Authority Form, which is attached hereto as Exhibit "C". Each party is fully entitled to rely on these warranties and representations in entering into this Agreement or any amendment hereto. 29. CHANGE IN COMPANY NAME OR OWNERSHIP 29.1 Vendor shall notify City's Purchasing Manager,in writing,of a company name,ownership, or address change for the purpose of maintaining updated City records. The president of Vendor or authorized official must sign the letter. A letter indicating changes in a company name or ownership must be accompanied with supporting legal documentation such as an updated W-9, documents filed with the state indicating such change,copy of the board of director's resolution approving the action,or an executed merger or acquisition agreement. Failure to provide the specified documentation so may adversely impact future invoice payments. 30. PROHIBITION ON CONTRACTING WITH COMPANIES THAT BOYCOTT ISRAEL 30.1 Vendor acknowledges that in accordance with Chapter 2270 of the Texas Government Code,the City is prohibited from entering into a contract for goods or services with a company with 10 or more full-time employees that has a value of$100,000 or more that is to be paid wholly or partly from public funds of the City unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and(2)will not boycott Israel during the term of the contract. The term"boycott Israel" has the meaning ascribed to it by Section 808.001 of the Texas Government Code. The term "company"shall have the meaning ascribed to it by Section 2270.001 of the Texas Government Code. To the extent that Chapter 2270 of the Government Code is applicable to this Agreement, Vendor certifies that Vendor's signature provides written verification to the City that Vendor: (1) does not boycott Israel; and(2)will not boycott Israel during the term of this Agreement. Vendor Services Agreement(Cooperative Services Agreement) Page 10 of 55 TruGreen Limited Partnership Rev. 10/19 IN WITNESS WHEREOF, the parties hereto have executed this Agreement to be effective on the dates set forth in Section 2. ACCEPTED AND AGREED: CITY OF FORT WORTH: CONTRACT COMPLIANCE MANAGER: By signing I acknowledge that I am the person responsible for the monitoring and administration _ of this contract,including ensuring all By: Fernando Costa(Jan 29,2020) performance and reporting requirements. Name: Fernando Costa Title: Assistant City Manager Clinton Wvafif Date: By: Clinton Wyatt(Jan 28,2020) Name: Clinton Wyatt APPROVAL RECOMMENDED: Title: District Superintendent APPROVED AS TO FORM AND LEGALITY: 0�?�KiW' l By. David Creek(Jan 28,2020) Name: David Creek Title: Acting Director, By: Richard A.McCracken(Jan 29,2020) Park&Recreation Department Name: Richard A.McCracken Title: Sr. Assistant City Attorney ATTEST: CONTRACT AUTHORIZATION: QM emu.: &C: N/A 0 R'r fog Ronald P. Gonzales �y '' . By: for Ronald P.Gonzales(Jan 29,2020) Name: Mary Kayser ` `, Title: City Secretary VENDOR: ..'>e«>v ATTEST: By: Jon Browder(Jan 27,2020) By: Dan Davis(Jan 27,2020) Name: Jon Browder Name: Dan Davis Title: Commercial Manager Title: General Manager Date: Jan 27, 2020 OFFICIAL RECORD Vendor Services Agreement(Cooperative Services Agreement) TruGreen Limited Partnership FT; WORTH,TX Rev. 10/19 EXHIBIT A SCOPE OF SERVICES TRUGREEN Go grree+t :- Total Property Address Contract January Description Amount ZanrasterMedians 17'01 COMMERCE ST $292.00 8292,00 Post ern ergent a p p I i cati on. 209.E COtOIV;Ai University MedFans PARKWAY $171.00 8171.00 Post emergent application. First Plight Park 2700 Mercedes $98.00 $99.00 Post emergent application. Hazel Harvey Peace S18 M;SSOURI AVE $100.00 $100,00 Post emergent application. Bryce Retention 4600 Bryce Ave $82.00 $82.00 Post emergent application. $73 3.00 Vendor Services Agreement Page 12 of 55 [Vendor] Rev. 10/19 EXHIBIT B PRICE SCHEDULE c c C E E m n m Z n N N N P'f a x r rn rn m F rr7 h n �1 x rt G rn rn I`n ~ [D OQ rp Ou ❑ F-+ —YV ff T H1 p$ d W rt j A 3 Q W lb RI W N GGGGG aro D a p ❑ n ❑ rb iP n 27 N' rt ro ro rD rr rr � V F+ C Q r Q 00 rJ V R ll7 A N F~+ A N F~+ F rt �pp1 V V n �[p+p7 V V G Ot 1�11 t n O1 VI Ln � r,L ❑ 'n 7 S r es rD F x + 01 V V F+ F+ H N N G N Ln 0000 P. rn A 6tg 51 IV 6 0 N 0 � VI kA T Cu W w a' n� � C � a Vl YA TA Vl SJ� N M j t V N W W N ro rG C rt .y C ro ro a ro � 3 m ❑ a 3 vi I-+ C ❑ V ONO �U+oO�v OtN 4 N Dd Cl GM rL Vendor Services Agreement(Cooperative Services Agreement) Page 13 of 55 TruGreen Limited Partnership Rev. 10/19 EL "f1 ?i M M 'r1 T T M 2 r�r .Tr r=r r�r rSr r�r r�r r�r a n�, a a a n�, Q a n ro rD rp OD pp OS r-� N h1 pN h7 tti1 M1] N ro N rD ro M rp 0 rD 0 G C C ro ro ro ro rp ra ro ro � �° ram➢ rp fi �pn�p �p��p rip r�P r�D A A A N C C C m m m Qj m r` CM o [v 6, ro 0 3 0 r'o r CCob O a �+ r'� M a 3 ro r3a 3 > > 3 a ^ C 3 2 rt m 3 - 3 a 12 oa r w �a g n r ro 2 r rt r = �3y H In 3 �7 r o B , r 0 D0 H 2 h ro A N d W ['-�. pj !6 !b -_ A ilf 1n � eb Gi W � g �6 ,..F ro p rt p w fD p `� fryG C 7 p ram+ Q r4 ' v ' T y b rD D ra D m °T— ro D ' �+ a I o ro o ro vM 2 p v "I � � CD � ra m} rD� w ,m,Ln o rD � N LT iNrl� 6i [30 8 N ra n n. 7 � 5. @ n. � �. � ro 3 M ^ �D ro '" ro o d4 rr N W [_ r W N Ln N W A r F+ r W W W W W H W H �Nq V V V V V V ppf�j1 V V T U Ln 0 LWn ter+ 0 0 Ln I." Ln N 4k °i N N N II�1 °0 QO a s a a a a a V z Q0 n n n n n n n n n n ro ro ro ro rn ro ro ro ru ro V, IA VI V, N iR N N Ll N V, C/s iI] Vi 'Vl ill N iA N [W� 4u li N N Uri Fp+p W W 8 V1 �p l,ft C f� Ln v 00 FN-� M1�f S 8 0 � o w N 8 Vendor Services Agreement(Cooperative Services Agreement) Page 14 of 55 TruGreen Limited Partnership Rev. 10/19 a N a N rD M rn r Q M r(a ro ' o r�o ry w w ar n rl n n r4 r0 ro 0 00 00 00 00 F. W 0o0 w 00 o a n Z c ¢ M M m rn rn m T ry w Q ry -5 O pi N A Q u1 @ n > �a f ro Da �+ ro a ri > N ^ f6 rt rD w r+ w r6 ru ry Un 1 N (D V I r} I-- W N Ln M Q7 Ch Ql V V V V w W W W Ln VI 0 LM LU V V Ol G+ Gt 1Y R1 o ro o V 3 In 1 O O !D L ko N {n {n VIA VIA q) to ry to N hi N © O O LO V a 4� Vendor Services Agreement(Cooperative Services Agreement) Page 15 of 55 TruGreen Limited Partnership Rev. 10/19 EXHIBIT C VERIFICATFON OF .SIGNATURE AUTHORITY TruGreen Limited Partnership 7501 Airport Freeway Richland HiLh,TX 7611E Vendor hereby agrees to provide City with independent audit basic financial statemem but also the fair presentation of the financial statements of individual funds. Execution of this Signature Verificatioth Form ("Form") hereby certifies that the following individuals andlor positions have the authority to legally bind Vendor and to execute any agreement, amendment or change order on behalf of Vendor. Such binding authority has been granted by proper order, resolution, ordinance or other authorization of Vendor.City is fully entitled to rely on the warranty artd mpresmtation set forth in this Form in entering into any agreement or amendment with Vendor. Vendor will submit an updated Form within ten (10) badness days if there are any changes to the signatory authority_ City is entitled to rely on any current executed Form until it receives a reviFed Form that has been prope<iy execmed by vendor. 1. N ame:ji.,vi< .)row de Pmition_ 7 igriature 2_ Name_ %sition: Signature 3. blame: Position: Si gnat ure — - Dan Davis Signature of Presidcm}CEO Other Tit11e:._--...__.. . Date: — & — C/ �?16 Vendor Services Agreement Page 16 of 55 [Vendor] Rev. 10/19 EXHIBIT D BUYBOARD PROPOSAL NO.557-18—CUSTODIAL AND LAWN CARE SERVICES 6 � 1 V _1 utlpL'r��lVC FvrCh,�S�rtg P.O.&ox 49-Y A LrMlir.TX 78757 0490 88d.Egg.2M I 512.A87.0222 i Fax:809.211.5d3d February S,2018 Welcome to BuyBoard' Re: Nance cf The fora!GGvEvn neatPurrhssfng Cor?peratiue Awaid Proposal Mame and Number:Custodial and Lawn Care Services,Proposal No. 557-18 Congratulations,The Local Government Purchasing Cooperative(Cooperative)has awarded your company a BuyBoard& contract based on the above-referenced Proposal. The contract is effective 31112018 through 212812019,with two possible one-year renewals.The contract documents are those identified in Secbon 3 of the General Terms and Conditions of the specifications. To view the items your company has been awarded, please review the proposal tabulation No.557-18 on the following web-site:www.buyboard.com/vendor. only items marked as awarded to your company can be sold through the BuyBoard contract In addition,on this website you will find the membership list which will provide you with the names of all entities with membership in our purchasing cooperative. Enclosed with this letter you will find the following documents: 1. Vendor Quick Reference Sheet 2.Vendor Billing Procedures You are advised that receipt of a purchase order directly from a Cooperative member is not within the guidelines of the Cooperative. Accepting purchase orders directly from Cooperative members may result in a violation of the Stage of Texas competitive bid statute and termination of this Cooperative BuyBoard contract. Therefore, all purchase orders must be processed through the BuyBoard in order to comply.Please forward by fax(1-840-211-5454)any order received directly from a Cooperative member. If you inadvertently process a purchase order sent directly to you by a Cooperative member,please fax the order to the above number and note it as RECORD ONLY to prevent duplication. on behalf of the Texas Association of School Boards,we appreciate your interest in the Cooperative and we are looking forward to your participation in the piogram. If you have any questions, please contact Coouerative Procurement Staff at 800-695-2919, Sincerely, t'-� nl— Arturo Salinas Depaitment Dire€tar,Cooperative Procurement .ns Vendor Services Agreement(Cooperative Services Agreement) Page 17 of 55 TruGreen Limited Partnership Rev. 10/19 Drd 0 Ca�aoraihlre Pmroci..w 12007 Research Boulevard'Austn, ]rd,00rn PROPOSER's AGREEMENT AND SIGNATURE Proposal Name:Custodial and Lawn Care 5eivices Proposal Due Date f Opemmna Date and Time: August 24, 2017 at 4;00 PM Location of Proposal upenina: Texas Association of Schod Boards,Inc. BuyBoard Department Proposal Number: 557-18 12007 Research Blvd, Austin,TX 78759 anticipated Cooperative Board Meetinq Date: Contract Time Period:March 1, 2018 through ]anuaiy 2018 February 26,2019 with two(2)possible one-year renewals. TruGreen, Limited Paitnership 8/ {201 f Name of Proposing Company Date 12860 less Pirtle Jeff ke t(e1, Street Address Signature of Authorized Company official Sugariand,TX 77478 ]efi-ey Oeff)Kettler City,State,Zip Printed Name of Authorized Company Official 2611240.6622 Commercial Business Development Representative Telephone Number of Authorized Company Official Position or Title of Authorized Company Official 2811240.5099 36-3734669 Fax Numberof Authorized Company Official Federal ID NumbE-r- Nae 5 of t4 RMPDffal rbnrsOonsrvA-05-=17 Vendor Services Agreement(Cooperative Services Agreement) Page 18 of 55 TruGreen Limited Partnership Rev. 10/19 i �operarrve PLrehas7ng 12007 Research Boulevard'Austin, .corn 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's to this Proposal Invitation,you propose to supply the products or seances 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 otheis will be claimed; 4. If the Cooperative accepts any pact 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 Coopeiative 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 seivices 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 authorizeed tx)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 howevei discovered, may disqualify you fiom consideration far a contract award under this Proposal Inviti3tion of result in termination of an award or any other remedy of action provided for in the General Terms and Conditions of by law. Pdge t of 64 mmpomi Fcnns 6DN5T V.05JM-MIL7 Vendor Services Agreement(Cooperative Services Agreement) Page 19 of 55 TruGreen Limited Partnership Rev. 10/19 ar Cnnperative FmrehaRft 12007 Research Boulevard'Austin,Texas 78759-24' • PH:800-695-2919' FAX:80D-211-5454'w ew.buyboard.com VENDOR CONTACT INFORMATION Company: TiuGreenr Limited Partnership ATTN: Corporate Legal Vendor Contact Name and Mailing Address for Notices: 1790 Kirby Parkway.Ste„#300-Forum IL Memphis,TN 38138 Company Website: www•hugreen.com Purchase Orders: Purchase orders from Cooperative members will be available through the Internet or by facsimile. Off: 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 that choose this option to assist them with retrieving their orders. Option 2: Fax. Vendors need a designated fax line available at all times to receive purchase orders. Please choose only one(1)of the following options for receipt of purchase orders and provide the requested information: ❑x I will use the INTERNET to receive purchase orders. E-mail Address: 3effreyKeWer@trugreenmail.com Internet Contact: Jeffrey(Jeff)KettJer Phone: 2811830.2611-Mobile Alternate E-mail Address: KevinStillwell@trugi-eenmaii.corn Alternate Internet Contact: Kevin Stillwell Phone: 469/216.9384-Mobile ❑ I will receive purchase orders via FAX. Fax Number': Fax Contact: Phone: Request for Quotes("RFQ'): Coopeiative members will send RFQs to you by a-mail. Please piavide e-mail addresses for the receipt of RFQs: E-mail Address: 3effi eyKetda @tru g reenma i 1.com Alternate E-mail Address: KevinSHilweIICRhugreenmail.com Page 7 of 64 Praprral Finns ODNs-. Vendor Services Agreement(Cooperative Services Agreement) Page 20 of 55 TruGreen Limited Partnership Rev. 10/19 0 DvRqqtq 12007 Research Boulevard'Austin, ard.can Invoices: Your company will be billed monthly for the service fee due under a contact 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 irn+oices and related communications: Mailing address: 12860 Jess Piitle Department: Commercial City: Sugadand State: TX Zip Code: 77478 Contact Name: Jeffrey(Jeff)Ketder Phone: 281/830,2611- Mobile Fax: 280/240.5099 E-mail Address: JeffreyKettler@trugreenmail.com Alternative E-mail Address: Kevin Stillwell0tugreenmail.com p.gQeoft4 RKpozal Fam 5 aor,57 V.05.0S-ML7 Vendor Services Agreement(Cooperative Services Agreement) Page 21 of 55 TruGreen Limited Partnership Rev. 10/19 PVffqqtq 12007 Rena•_-i Boulevard'Austin, d.Com FELONY CONVICTION DISCLOSURE AND DEBARMENT CERTIFICATION FELONY CONVICTION DISCLOSURE Subsection (a)of Section 44.D34 of the Texas Education Code(Notification of Criminal History of Contractor) states:"A person or business entity that enteis 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)of misrepiesented the conduct resulting in the conviction. The district must compensate the person of business entity for services performed before the termination of the contract." Please check t,il one of the following: ❑ My company is a publidy-held coipoiation. (AdvarKe v,nhce requeemerd dDm not apply to public"eld caporibm.) ® My company is not owned of operated by anyone who has been convicted of a felony. ❑ My company is owned{operated by the fallowing individual(s)who has/have been convicted of a felony: Name of Felons): 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. TruGneen,Limited Paitnership Company Name Jeffrey(Jeff)KeWer Signature of Authorized Company Official Printed Name DE8ARMENi 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 desciibed 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 comparry to make this certification. TruGneen,Limited Paitnership Comparry Name Jeff Kee Jeffrey(Jeff)Kettler Signature of Authorized Company Official Printed Name Page 9 of 64 Propeol Forms ODNST v.O5.U5.2131,' Vendor Services Agreement(Cooperative Services Agreement) Page 22 of 55 TruGreen Limited Partnership Rev. 10/19 �aapE,rat�re� 12007 Resear&Boulevard'Austin, rd.com RESIDENT/NONRE IDENT CERTIFICATION Chapter 2252,Subchapter A,of the Texas Government Cade 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" pioposeroi a"nonresident"proposer underthese definitions. Please check M one of the following: ❑ I certify that my company is a Resident Proposer. ❑x 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,Limited Partnership 1790 ICrlby Parkway,Ste,,#3600-Forum E Company Name Address Memphis,TN TN 3B138 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 contact? ❑ 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 wham to award a contact. 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(if) 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 patent company,of majority owner employ at least 500 people in Texas? Please check M one of the following: ❑ Yes ❑x No By signature below, I certify that the information in Sections 1 (Residentlftnresrdent CerOca ) and 2 (Vendor Employment CerYhca6m)above is true, complete and actuate and that I am authorized by my company to make this certification. TruGieen,Limited Partnership Company Name L7,6 k'etdef, ]effney(]eM Kettler Signature of Authorized Company Official Printed Name page 13 cf 54 RgMS31 FOrMS OON5T VJ0 jffi- T,7 Vendor Services Agreement(Cooperative Services Agreement) Page 23 of 55 TruGreen Limited Partnership Rev. 10/19 Canpsrative Fmrockaa� 12007 Resmrdt Boulevard'Austin, ild.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'KWBE"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(,f)all that apply: ❑ I certify that my company has been certified as a HUB in thefollowing Categories: ❑ Minority Owned Business ❑ Women Owned Business ❑ Service-Disabled Veteran Dwned Business (veteran defined by 38 U.S.C.§101(2),who has a service-connected disability as defined by 38 U.S.C. s 101(16),and who has a disability rating of 2011/o or more as determined by the U.S. Department of Veterans Affairs or Department of Defense) Certification Number: Name of Certifying Agency: ❑x 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 ceitification. TruGieen,Limited Partnership Company Name Jeffrey(Jeff)Kettler Printed Name ,7eff KeItW Signature of Authorized Company Official Pdge 1_c`54 RMpogl FCnnS WN5T YjMj _=I7 Vendor Services Agreement(Cooperative Services Agreement) Page 24 of 55 TruGreen Limited Partnership Rev. 10/19 DUnaperarrve Pyrchastag 12007 Research Boulevard'Ausdn, d€om CONSTRUCTION-RELATED GOODS AND SERVICES AFFIRMATION A contract awarded under this Proposal Invitation cowers only the specific goods and seances awarded by the BuyBoard.As explained in the BuyBoard Procurement and Construction Related Goods and Services Advisory for Texas Members ("Advisory"), Texas law prohibits the procurement of architecture or engineernig 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 Cade)and other applicable law and local policy. The Advisory, available at https:/Iwww.buyboaid.comiVendoilResouices.asox, provides an overview of certain legal requirements that are potentially relevant to a Cooperative member's procurement of conshuction 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 Proposei has obtained a copy of the Advisory, has read and undeistnnds the Advisory, and is authorized by Proposer to make this affirmation. If Pioposer sells construction-related goods or sa-vices to a Cooperative member undei a BuyBoaid contract awarded under this Proposal Invitation, Pioposer 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-relatied goods or services,whichever comes first TruGreen,Limited Partnership Company Name `7eff W W Jeffrey(Jeff)Ketdei Signature of Authorized Company Official Printed Name 8/8/20 1 7 Date �=ge 12 a'E4 Ropwal F[mis OON57 v.05.05.201' Vendor Services Agreement(Cooperative Services Agreement) Page 25 of 55 TruGreen Limited Partnership Rev. 10/19 DF#qqqd 12007 Research 9oulevard'Austin,Texas 7879 2939 PH.809 695 2919' FW(: 211-5t}54'rrnw.huy6aard.€an DEVIATION AND COMPLIANCE If your company intends to deviate firm 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 an 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 darffication from and/or communicate with Proposers} regarding any submitted deviation, consistent with general procurement principles of fair competition. The Cooperative reseives the right to accept or reject a proposal based upon any submitted deviation. Please check N1 one of the following: ® NO;Deviations ❑ YeS; deviations List and fully explain any deviations you are submitting: PLEASE P ROW DE THE F❑LLOWINGIN FORM ATION: El � 1.Shipping Via: Common Carrier 0#Company Truck ❑Prepaid and Add to Invoice ❑Other: 2. Payment Terms;TeNet 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? x❑Yes ❑ No 7.Are credit card payments acceptable?®Yes ❑ No TmGreen,Limited Partnership Company Name of{ ffiet- Jefhey(Jeff)Kettler Signature of Authorfzed Company Official Printed Name Page D OF 64 nupmal rrnns aora5r v.05.05.20L7 Vendor Services Agreement(Cooperative Services Agreement) Page 26 of 55 TruGreen Limited Partnership Rev. 10/19 �UO�Cf8�Y8 PmrC 12007 Research 6oule+eard'Austin, ard.com DEALERSHIP LISTINGS If you have mcie than one location that will service a contract awarded under this Proposal Invitation, please list each location below. If additional sheets are required, please duplicate this form as necessary. NOTE: Awarded Vendors shall remain responsible for the Contract and the performance of all dealers under and in accordance with the Contract. TruG reen Company Name 12860 Jess Pirtle Address ugarl-and TX 77476 city State ZIP 281-24M622 281-240-5099 Phone Number Fax Number Jeff Kettler Contact Pelson TruGree n Company Name 14150 Westfair East Address Houston TX 77041 city State ZIP 261-469-5757 281-469-1632 Phone Number Fax Number Jeff Ketller Contact Pelson P.ge14&54 Ropmal Fams OON5T vA5Afi-A17 Vendor Services Agreement(Cooperative Services Agreement) Page 27 of 55 TruGreen Limited Partnership Rev. 10/19 # off} ard Vnoperarrve Parchasrog 12007 Research 6ou le-card'Austin,Texas 78759-2439- PH;800-695-2919' FAX:flO)-211-5454'www.huyboard.com TEXAS REGIONAL SERVICE DESIGNATION The Cooperative(refened to as"Texas Coopeiative"in this form and in the State Service Designation form)offers vendors the opportunity to service its members throughout the entice 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 dif]Ferent regions for different products or services included in}tour 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 four_ By designating a region or regions, 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 Educations Service Center's ❑ I will service Texas Cooperative members _ statewide. I will not service Texas Cooperative members statewide. I will only service members in the regiolis checked below; Region Headquarters 1 Edinburg ^^ 2 Carpus Christi re« r ri ,rr{• 3 Victoria $ - _ • — '_ Y '` I 4 Houston 5 Beaumont 6 Huntsville µ - - 7 IGlgaie 71 8 Mount Pleasant 71 9 Wichita Falls ' 71 10 Richardson l 4 71 11 Fart Worth 71 12 Waco `-'_ 71 13 Austin ^: 14 Abilene w 15 San Angelo 7-1 16 Amarillo 7.1 17 Lubbock TruGmemLumtedPalftizi-slup ] 18 Midland Company Name 71 19 El Paso L7effVeatav 71 20 San Antonio Signature of Authorized Company official Jefhey(3 KeWei 71 I will not service members Printed Name of the Texas Cooperative. Owe 15 a=54 RgXral Fume MNSTvAfiJIA=17 Vendor Services Agreement(Cooperative Services Agreement) Page 28 of 55 TruGreen Limited Partnership Rev. 10/19 DFR99ty 0 12007 Researdi Bo6evard'Austin, oard.com If this Texas Regional Seivice Designation farm applies to only one or some of the products and services proposed by Venda,list die products and services to which this form applies here: Fertilizer Application for Lawns;Pre-Emergent Herbicide Application far Lawns; Post-Emergent Herbicide Application for Lawns; Lawn Aeoation; Premium Sport Feld Fertilization, Pre-Emergent Herbicide Application for Nemium Sport Fields;and Post-Emergent Herbicide Application for Premium Sport Relds Pdge15&54 nopceal Frans CCNST v.05.05-2017 Vendor Services Agreement(Cooperative Services Agreement) Page 29 of 55 TruGreen Limited Partnership Rev. 10/19 P7#qqrq 12007 Research Boulevard'Austin,Texas 78752439 PH.809 595 2919' FW(:8{}i211-5454"tiwrw.buyboard.rom 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 musk complete this farm if you plan to service the entire Unified States,or will service only the specific states indicated. (Notre:If you plan Zo servire Texas Cooptyabve memb ets,be sure that you crrmpkte the Texas Regmvuf Service DeWnabm ANm.) If you serve different states for different products or services included in your proposal,you must complete and submit a separate state Service Designation farm for each group of products and clearly indicate the products or services to which the designation applies in the spare provided at the end of this form. By designating a state or states,you are certifying that you are aufharized and willing to provide the proposed products and services in those states_ Designating states in which you are either unable of unwilling to provide the specified products and services shaft be grounds for either rejection of your proposal or, if awarded,termination of your Contract Please check M 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 ❑ Arfaana ❑ Nevada ❑ Arkansas ❑ New Hampshire ❑ California(Public Conti-act Code 20110&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 Caiolina ❑ Iowa ❑South Dakota ❑ Kansas ❑Tennessee ❑ Kentucky ❑x Texas ❑ Louisiana ❑ Utah ❑ Maine ❑Vermont ❑ Maiyland ❑Virginia ❑ Massachusetts ❑Washington ❑ Michigan ❑West Virginia ❑ Minnesota ❑Wisconsin ❑ Mississippi ❑Wyoming ❑ Missouri ❑ Montana P.ge 17 a=5A Mpmal Films CONSTvA5MM17 Vendor Services Agreement(Cooperative Services Agreement) Page 30 of 55 TruGreen Limited Partnership Rev. 10/19 DWffqqtq 0 12007 Research Boulevard'Austin, ard.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. Tm&een,limited Partnership Company Name Jeffrey(Jeff)Kettler Signature of Autharired 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; Past-Emergent Herbicide Application for Lawns;Lawn Aeration;Premium Sport Field Fertilization; Pje-Emergent Herbicide Application for Premium Sport Fields; and Post-Emergent Heitiicide Application for Premium Sport Fields Pcge is cpf CA Propwal fams ODNSrv.05.05.20E7 Vendor Services Agreement(Cooperative Services Agreement) Page 31 of 55 TruGreen Limited Partnership Rev. 10/19 0 PW#RqtY 12007 Research Boulevard'Aus ri, ird.rom 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 Coopeiative 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 Coopeiative,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 farm,Proposer(referred to in this Agreement as"Vendor")agrees as follows: 1. Vendor acknowledges that if The Local Government Purchasing Cooperative ("Texas Cooperative) awards Vendor a contract under this Pioposal Invitation ("Underlying Award ),the National Purchasing Cooperative( National Cooperative") may-but is not required to-"piggy-back"on or re-award all or a poition of that Underlying Award ("Piggy-Back Award"). By signing this National Cooperative Vendor Award Agreement("Agreement"), 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 Vendai 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 whiting. 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 BuyBoaid 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 Coopeiative members in order to verify the accuracy of service fees. 6. Vendoi 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 Vendai and National Coopeiative are the only parties to this Agreement, and that nothing in this Agreement has application to other third pasties, 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 contiol,and then only to the extent necessary to ieco vile the conflicL am"_=i rrnns aoras-r v.,05JMa17 Page 19 of 64 Vendor Services Agreement(Cooperative Services Agreement) Page 32 of 55 TruGreen Limited Partnership Rev. 10/19 D79qqtq 9 12007 Research i Gulevard'Austln,Texas 787542439 PH.800 095 2919' FA7{:8{} 211-5454'wvrw.6uy6oard,rom 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 wan-ants that it has the authority to enter into this Agreement. TruGreen,Limited Partnership 557-18 Name of n Proposal Invitation Number Jeffrey(Jeff)Kettler Signature of Authorized Company Official Printed Name of Authorized Company Official 8/8/201 7 Date Aglual FOMS oarasT v.09.05-MI7 Die 23 c=sa Vendor Services Agreement(Cooperative Services Agreement) Page 33 of 55 TruGreen Limited Partnership Rev. 10/19 PV#9qtq 12007 Researdi Rulevard'Austin, r FEDERALAND STATE/PURCHASING COOPERATIVE EXPERIENCE The Cooperative strives to provide its members with the hest services and products at the List 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 of market price during the previous 12-month period of the last fiscal year: $ B•Bd . (The period of the 12 month period is 07/2,016 / 0712017 ). 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 of 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 marry purchasing cooperatives as required. CURRENT FORMER ri AWARDED VENDOR?PURCHASING COMMODITY GROUP (YIN) rr D 1. Federal General Services Administration 2.T-PASS(state&Tex s) 3. U.S.Communities Purchasing Alliance 4. NationalIPAfTCPN 5. Houston-Galveston Area Council(FrAc) 6. National Joint Powers Alliance(NJPA) 7. E8d Cooperative 8.The Interiocal Purchasing System(TIPS) 9.Other ® MY COMPANY DOES NOT CURRENTLY HAVE ANY OF THE ABOVE OR SIMILARTYPE CONTRACTS. CURRENT BUY130ARD 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 RMPDSal FUMS OONSY V.65A5AIL7 Pdge 2- c`Si Vendor Services Agreement(Cooperative Services Agreement) Page 34 of 55 TruGreen Limited Partnership Rev. 10/19 02 Ayffqqtq 12007 Research Boulevard'Ausdn, ard.rom By signature below, I certify that the above is true, complete and accurate and that I am authorizM by my company to make this certification. TruGneen,Limited Partnershfp Company Name Jeff WHAV Jeffrey(Jeff}Kettler Signature of Authorized Company Official Printed Name Proposal rxm,s oaras-r vA5A15M7 Pdge 22 a=W Vendor Services Agreement(Cooperative Services Agreement) Page 35 of 55 TruGreen Limited Partnership Rev. 10/19 DWffqqqd 12007 Research 9oulevard'Austin, rd.r-om GOVERNMENTAL REFERENCES For your Proposal to be considered,you must supply a minimum of five(5)individual governmental entity iefeiences. The Coopeiative may contact any and all references provided as pact of the Proposal evaluation. Provide the information requested below,including the existing price{discounts you offer each customer. The Cooperative may determine whether pixes/discounts are fair and reasonable by comparing prices discounts stated in your Proposal with the pricegdiscounts you offer other governmental customers. Attach additional pages if necessary. Quantity/ Entity Name Contact Phone* Email Address Disoount volume 1, Irving ISD Todd Lane 214-435 83E8 tlaneUmrvingisd_net 10% 537,62E_00 2. Arlington ISD Tim Borgen 617-718-6704 thorgenl@aisd.net 1C% $167,000.00 3. Mansfield ISD Mike Wynn 817-299-4345 mike wynni)misdmail_org 10% $76,000.00 4. Lane Dak ISD Luke Goode 903-461-5328 Igoode(e�loisd.net 10% $5,3CC_00 5, Scurry-Rosser ISD Erik Scott 214-980-5239 erik_scott@scurry-rosser.com 10% $9,000.00 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 x❑ If YES,please explain: By signature below, I certify that the above is true and conect and that I am authorized by my company to make this certification. TiuGieen,Limited Partnership Company Name 3eff e Signature of Authorized Company Official Jeffrey(Jeff)Kettler Punted Name rro"_al RymscorasrV-0!5-0!5-niz Page 23 a`E4 Vendor Services Agreement(Cooperative Services Agreement) Page 36 of 55 TruGreen Limited Partnership Rev. 10/19 0.? DW#qqtq 12007 Research Sou levard'Austin, d.com MARKETING STRATEGY Far your Proposal to be considered,you must submit the Marketing Strategy you will use if the Cooperative accepts all or pact of your Proposal. 69ampk. Ex19airx hoer yourrnmplany w9inriaAyirafarm Cobperafie members of your SuyBoard conbaa and how you whY contoue to support thq iguysaard for t}re duration of the contract pevtiad.J Attach additional pages if necessary. Each Cooperative Member which would potentially use our services will receive an intraductary e-mail explaining our recent awarded agreement with the cooperative and we would like to discuss our services and haw we could benefit their operations. We will also have our sales farce inform potential new customers of our buyboard agreement as we approach new prospects in the market Drone The Buyboard agreement will be regarded highly among our sales organization and presented in such a manner to new potential clients as we pursue new business relationships_ TruGreen,Limited Paitnership Company Name Jeff tae'v Signature of Authorized Company Official Jeffrey(10)Kettier Printed Name ngxml Fam500N5Tv.05.05.2017 Pge 2=c=54 Vendor Services Agreement(Cooperative Services Agreement) Page 37 of 55 TruGreen Limited Partnership Rev. 10/19 0 DWffR4Cq 12007 Research Boulevard'Austin, -d.rom 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 InfoiTnation Act (Texas Government Code chaptiei 552.001, et seq.) or similar disclosure law. Proposer must clearly identify on this foam any information in its Proposal(including forms,documentation,or other materials submitted with the Proposal) that Proposer considers proprietary or confidential. If Proposer fails tb propedy identify the information, the Coopeiative 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 (induding farms, documentation, or other materials submitted with the Proposal) contain information which Vendor considers proprietary or confidential? Please dtiedc(Yy one of tttie following: 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 pioprietaiy. 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 of pioprietaiy. Further, by submitting a Proposal, Proposer acknowledges that the Cooperative and its Administrator will disclose information when required by law, every if such information has been identified herein as information the vendor considers confidential or proprfetary. Confidential J Proprietary Information: (W&od fx",td) PropMal F[iln5 MNST V.QS.Q5.241:' Page 25 d 54 Vendor Services Agreement(Cooperative Services Agreement) Page 38 of 55 TruGreen Limited Partnership Rev. 10/19 0 DWffqqtq 12007 Research Boulevard'Austin, d.com B.Capvright Information Does your Proposal (including forms, documentation, or other materials submitted with the Proposal) contain copyright information? Please check;-d]one of the following: ❑ NO,Proposal(including forms,documentation,or other matei als submits with the Proposal)does not contain copyright information. ❑ YES! RupccaI(including forms,documentation,or other materials submitted with the Rupcsal)does contain copyright information. If you responded'YES,identify below the specific documents or pages containing copyright information. Copyright Information: (Af&a Wfww4erf) C.Consent to Release Confidential{Proprietary/Copyright Infomiation 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 BuyBoaid 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: Neithei the Cooperative nor its Administrator will be responsible foi the use or distribution of information by BuyBoard members or any othei party. D.Consent to Release Proposal Tabulation Notwithstanding anything in this Corfdential/Pioprietary Information form to the contrary, by submitting a Proposal, Vendoi consents and agrees that, upon Contact 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/prfeelist names); proposed percentage discount(s), hourly labor rate(s), of othei specified pricing; and Vendoi 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 agieements contained herein. TruGieen.Limited Paitnelshio Company Name L7ef kleUi i�v Signature of Authorzed Company Official leffrey pem Kettles Printed Name 8/8/20 1 7 Date Propr&31 rcnrie oonSr v.ns.ns.zo.r P.ge 26 cr 54 Vendor Services Agreement(Cooperative Services Agreement) Page 39 of 55 TruGreen Limited Partnership Rev. 10/19 0 DWffq#tq 12007 Research 93ulevard'Austin, d&M 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: TruGreen,Limited Partnership (sst the fecal nerve ofthecagD ny» 2km to coxh&acf with the Casper b%we Dohf4F&sf an asnuned , 3�;,, &4 etc.hea Surh sikvm&&wmay be p+ovided bwkw. ff you are submftPyg n jeirf pfvpasal m fr aa6er ef*fy to pram��-�--the same prr+pmed goo&or Awvxes each-gAsTr W enW _4Ku�i conyFL-te a sep�rF Fe vendar krGruld�'ph Sx Fdk-l)r cpNdflfl� &Mrkag]enbbas�every# ffjARkd erb&-F NQ'k h prgpOse to pmrgde gxwscr_-F KeFsepyl.fn�'um&R.&6mtdmm,own Prapv&.&.) Pleaae h-+tyr one ofone tfefollawino: Tyne of Business: Individual{Sole Proprfetor Corpmation Limited Liability Company Pa rtnershi p Other X If other,identify Limited Partnership State of Incorporation(if pOic ble): i]elaware Federa l E m p loser Identification N u m b er: 35-3734669 (Vendor must include a completed IRS fo►n with their proposal) List the Name(s) by which Vendor, if awarded, wishes to be identified on the BuyBoard: (nbfi_.. ffd-faerd the Nerve of Ph*c-mg Carrp.,ay lsted shore,ordy vAd frede names(OR*eFe 'en)of fhe pmpaww Compery may Ew used cnd a ropy of your AcxNned Merre [enwi fd (s),,fVpkn .Ne,must fie etf Ch--d) TruGreen,Limited Partnership PropDol Forms 00M5T Page:27 of fit Vendor Services Agreement(Cooperative Services Agreement) Page 40 of 55 TruGreen Limited Partnership Rev. 10/19 PV#Rqtq 0 12007 Researdi Boulevard'Austin. d.cw EDGAR VENDOR CERTIFICATION (2 CFR Part 20D and Append ix II) When a Cooperative member seeks to procure goads 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 nut limited to, the procurement standards of the Unifoi-m Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, 2 CFR 2DO (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 may be 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 giant funds. Cooperative members may also requiie Vendors to enter into ancillary agreements, in addition to the BuyBoard contract's general terms and conditions, to address the members 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 and of this form. if you fail to complete any item in this faun, the Cooperative will consider and may list the Vendor"r response an the BuyBoard as 'NO,-the Vendor is unable or un willing to comply. A "NT 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 currently set at $150,OD0, 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 administi'ative, contractual,or legal remedies in instances where contractors violate of 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 Cider, 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 of contract in excess of $10,000 made using federal funds, you agree that the fallowing term and condition shall apply: The Coopefobve member may terminate or.cancel any purchase ovdcr under thus Contract at any[pine, rvM a-w64ouf cause, by pmvmd fv seven (T)businaz days advance wt&ten notice to the Vendor. If this Agrwment is terminated in accaa-dance with this Paragraph, the Cooperative member Shall only be Iegwred to pay lean,AN goofs or services delivered to Me Coopera&ve member prior to the termination and not oth,- ro retuned in accordance with Vend&-'7 ee�uin policy. if the Cooperative member has paid Vendor for goads ar services not yet provided as or the date of termination, Vendor-shall immedY"a dy refund such payrr m4f� sJ. 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. RMPDSBI Fame oor,sryJMJM_ni7 page za of rya Vendor Services Agreement(Cooperative Services Agreement) Page 41 of 55 TruGreen Limited Partnership Rev. 10/19 PF#9#rq 0 12007 Research Sou levard'Austin, rd.€am 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 OpportunW (30 FIR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p, 339), as amended by Executive Cider 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 Pait 60-1.3 and Vendor agrees that itshall comply with such provision. 4. Davis-Bacon Act: When required by Federal program legislation, Vendor agrees that, for all Cooperative member prime constriction 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 Sea eetary 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 www,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. Venda 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 of 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 meads, any person employed in the construction, completion, or repair of public worm,to give up arty part of the compensation to which he of 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,Venda 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 laborei 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 aidinaiily available on the open market,ar contracts fai transportation of 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 ai expeiimental, developmental,of 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 Fmn5 CONST v.d5.d5.t01? Page 29 of C4 Vendor Services Agreement(Cooperative Services Agreement) Page 42 of 55 TruGreen Limited Partnership Rev. 10/19 P7ff9qtY 0 1200)Research Boulevard'Austin, krd.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 — Contiacts 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 Afr Act and the Federal Water Pollution Control Act. S. 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 far Award Management(SAM),in accordance with the OMB guidelines at 2 CFR 190 that implement Executive Orders 12549 (3 CFR Part 1966 Comp. p. 189)and 12689(3 CFR Part 1969 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, of otherwise excluded by agencies or declared ineligible under statutory or regulator{authority other than Executive Order 12549. Vendor further agrees to immediateF{notify the Cooperative and all Cooperative members with pending purchases of seeking to purchase from Vendor if Vendor is later listed on the government-wide exclusions in SAM, or is debarred, suspended, of otherwise excluded by agencies or declared ineligible under statutory or regulatory authority other than Executive Order 12549. 9. Byrd Anti-Lobbying Amendnienit: 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 ❑btafning any Federal contract;,grant or any other award covered by 31 USC 1352. Each tier must also disck)se any lobbying with non- Federal funds tfiat takes place in connection witfl 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 Amend merit(31 USC 1352). 10. Procurement of Recovered Materials: For Caoperatnve 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,D00 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procurfng solid waste management services in a manner that maxim¢es 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$150,000, 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 apprcable discount,under Vendor's Cooperative Contract. Proposal rrnns CoNSr v4S4SM? Page 30 or 64 Vendor Services Agreement(Cooperative Services Agreement) Page 43 of 55 TruGreen Limited Partnership Rev. 10/19 0 D7ffq#td 12007 Research Boulevard'Austin, .cam 12. General Compliance and Cooperation with Cooperative Members: In addition to the foregoing specific requirements, Vendor agiees, 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 J K YES 2. Termination for Cause or Convenience J K YES 3. Equal Employment Opportunity JK YES 4. Davis-Bacon Act J K YES S. Contract Work Hours and Safety Standards Act J K YES 6. Right to Inventions Made Undei a Contract or Agreement J K YES 7. Clean Air Act and Federal Water Pollution Control Act J K YES S. Debarment and Suspension J K YES g. Byid Anti-Lobbying Amendment JK YES 10. Procurement of Recovered Materials J K YES 11. Profit as a Separate Element of Price J K YES 12.General Compliance and Cooperation with Cooperative Members JK YES By signature below,I certify that the information in this form is truer complete,and accurate and that I am authorized by my company to make this certification and all consents and agreements contained herein. TruGreen,Limited Partnership Company Name L7e ' et Signature of Authored Company Official Jeffrey(]ef)Kettier Printed Name NWck"Forts 0MSTvA6A61[17 Page 31 of 54 Vendor Services Agreement(Cooperative Services Agreement) Page 44 of 55 TruGreen Limited Partnership Rev. 10/19 0 PV#9#tY 12007 Researdi Boulevard'Austin, d.Mm 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 BuyBoaid contract contemplated by this Proposal Invitation ("Contract"). Proposers must fully answer each question, numbering your responses to correspond to the question sin uml ers 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 numbei of years Proposer has been in business and former business names(if applicable). Note whethei your comparry is currently for sale or involved in any transaction that would significantly alter its business or result in acquisition by another entity. 42 Years;no farmer business names;and TruGieen is not currer*for sale or involved in any transactions) which would significantly alter its business or result in acquisition by anothei entity 2, Describe Proposers 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 cf the procuring government entity and entity contact person. Identify the contracts that best represent Propose rs capabilities relative to this contract. This is our core business. Irving ISD- Fertilization I Pre and Post Emergent Weed Control $37,626.00-Todd Lane tiane(a)irvingisd.net Arlington ISD- Fertilization J Pre and Post Emergent Weed Control $ 167,000.00-Tim Borgen-tbcrgenl @..aisd_net; Mansfield ISD- Fertilization/ Pre and Post Emergent Weed Control-$78,000.00- Mike Wynn -mikewynn(ffimisdmail_org 3. Describe the resources Proposer has to manage staff and successfully peiform the Work contemplated under this Contract. State the number and summarfze the experience of company personnel who may be utilized for the Work, including those who will be available to Coopeiative members for assistance with project development,technical issues, and product selection for Work associated with this Contract. We have approx_ 15 branches throughout the State of Texas to service buyboard members. Each branch has a licensed GM with a Commercial Applicator(s)and Commercial Service Manager_ so- in many of the markets, there is a dedicated Commercial Account Manager that directly over sees the commercial accounts for TruGreen. We also have a dedicated Regional Technical manager who is licensed and degreed in the field of agronomics to help support the branch personnel. We also have Dr. Ben Hamza at the corporate level is also available and highly deg reed/trained in the sciences of agronomics_ awposal rams oora5rv.os.as 2n17 Page 32 nr 64 Vendor Services Agreement(Cooperative Services Agreement) Page 45 of 55 TruGreen Limited Partnership Rev. 10/19 DWffqgLd 12007 Research 9oulevard'Austin, Xem 4. The Contract does not include architectuial 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 seivioes 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 of other third party. Fertilization, Pre Emergent Herbicide, Post Emergent Herbicide, Insect and Disease control appi ication s, Fire Ant Control, Core Aerations, Rye Seeding,Vegetation Control Management, Trpp and Shnih Fprtill7atlnn Trpp and Shrirh Inert and r]ispasA-_Annlieatinns 6. Describe Pioposer's financial capability to perform the Contract. State or describe the firm's financial strength and rating, banding 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,of insolvency proceeding in the last 7 years, and identify any such debtor party by name and relationship to or position with your film. TiuGieen is financially capable of perfuming this Cont mct;TruGreen is in good standing,and has strong financial strength. TruGreen is not,and none of its past oi current owners,principal shareholders,stockholders 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 ooN5r Y.09.MM7 Page 33 of 64 Vendor Services Agreement(Cooperative Services Agreement) Page 46 of 55 TruGreen Limited Partnership Rev. 10/19 DVff94!tY oj.� 12007 Research Boulevard'Ausbn, d.€am 6. List all contracts, if any,in the last 10 years on which Proposer has defaulted,failed to complete of deliver the work,or that have been terminated for any reason. Include any contract for which the surety was noted 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 artii4ation proceedings andfor 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. Qesuibe in detail the quality control system Proposer will use,in dud ing third party auditing certification,to support the long-term performance and sh-ucburaI 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 quarterly basis to ensure the member is getting the desired results from our services_ If desired results are not based on the service or services purchased by the member, TruGreen will remedy the situation yW#r,��t,��S ReSS s W M��,��ni . 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 Fropogl rrn IS bbhSr YJM-M-017 Pdge 34 of 64 Vendor Services Agreement(Cooperative Services Agreement) Page 47 of 55 TruGreen Limited Partnership Rev. 10/19 0 DW#qqtq 12007 Research Boulevard'Austin, d.€am 12. Desciibe 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. 717/17-Pending OSHA Penalty re: Guarding not affixed/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,Limited Paitnership Company Name Jeff` et e'v Signature of,4utlwriaed Company official Mp49l Fame OONSr W-MJMM17 Pete 25 a=54 Vendor Services Agreement(Cooperative Services Agreement) Page 48 of 55 TruGreen Limited Partnership Rev. 10/19 Pwffqqtg 12007 Resear&Sou levard'Austin, ard.com REQUIRED FORMS CHECKLIST (Plea check(d)me fwawirg) ® Completed: Proposer's Ag reement and Signature ® Completed:Vendor Contact Information ® Completed: Felony Conviction Disclosure and Debarment Certification ❑ Completed: Res id ent1 Non resident Certification ® Completed: Historically Underutilized Business (HUB)Certification) ❑x Completed: Construction Related Goods and Services affirmation ❑x Completed: Deviation/Compliance ® Completed: Dealership Listings ❑x Completed:Texas Regional Service Designation ® Completed:eted: State Service Designation ® Completed: National Purchasing Cooperative Vendor Award Agreement ❑X Completed: Federal and State/Purchasing Cooperative Experience 0 Completed: Governmental References 0 Completed: Marketing Strategy 0 Completed: ConfidentialIPropr iota ry Information ❑x Completed:Vendor Business Name with IRS Farm W-9 ❑x Completed: EDGAR Vendor Certification ❑x Completed: Proposal Invitation Questionnaire 0 Completed: Required Forms Checklist M Completed: Proposal Specification Forrn with Detailed Information related to Services besahm nl mA h pEp o!EY nRWunse nr raVxvne woo6"be mn-ds-ed P'oper_al Fpm5CON5TvAfiA M7 Doe=5 a`54 Vendor Services Agreement(Cooperative Services Agreement) Page 49 of 55 TruGreen Limited Partnership Rev. 10/19 CD ff� v fey o O 3 m n m n � ❑ � $ ❑ Q d 4 ? n R ^ 0 0 c 2 O rnp {p G 0 iL a G 2 C d C - a ° y v v 7, a o T R Via = ? o -n o = = O Vf M GJ o w C 0 A n ro n C 4 C n rr m _t $ 0 fD Z C Cu rM x LIDry rt n' p V S n c4 n a s $ � 0 c w 3 m a y rL 3 0 oz LOa rt :3 rr > D c m x x O rolp C C it TL n r T 6� c ro rA ❑ 4S N Q1 S S 'C iL x CD = r❑1 d N M1 N rM N M1 N M' m Q o o = o = m �n7 en7 G G ca. rG ro `3 ro {7 Ifl (It O ro M ^ Cu n Cu T 0 K r 0 K _ _ Gl C Gl C d T a S a S ['] 6i MM d d 5D 3 a O a 0 rt 7 � (A+ 7 K S d d 0. d Vendor Services Agreement(Cooperative Services Agreement) Page 50 of 55 TruGreen Limited Partnership Rev. 10/19 LM ° ' o �57 a A� �iS7 Q g- - F �iS7 v [�rtb ZI w 0 3 s � s s Q w [f r Fd• C Ki' C of C ai ei C ' Cu ZI w - N - �l9 C g,3 C d C [b C o rt - ❑ rt - oiD pn = a p as a m $ Q7 C T CL � obi CL 0 a�� a D a fL a D iD a '* i9 f 4 �; C C C > N A - ,,, � a ` a Cu � In 3 D 3 Cf Gy �ro G7 O Cy ,� i"5 C7 O f i rt f7 4 z G n � C n C n rr C - O N rt rat G rah i O rr r rah cn U 1 q a K a m a n d z '$ frf [!f ••C eD C �T y C O� C VM or 0 Er p 4 Q o 0 0 0 0 _a � Cu o :z yy Z 0 r r _ •C C x r � n � C C C C Ol `3 Q CO $ $ T $ T $ T w. m T "' n' 53m 53ro 53m ro N a v a a s a s a •# fD T m Di n� rp n ur n a n Cu n a 4 K 4 O O O O y a x d 3 d a 3 CD a d y7 tit Cu [n] ❑ [Ili ❑ [I�] O [in] ❑ fl' � �, � a Vendor Services Agreement(Cooperative Services Agreement) Page 51 of 55 TruGreen Limited Partnership Rev. 10/19 Q om LP go om CT. 5 a ro 4} ❑ _ al y fll y N y fll fQ ry C (D un a ro Ili0 OJ� ym x x a 7 � c aN m [ TL d fs -. _ r a � pr rt -C o O M I C Lm i 0Oj t O Z a ;S oroi �' C � u 7a G rn a C { m O ^ 3 0 IIgy a 3 O 6 rr 2 a ro ^ m v n p CD V R CD C _ rl Q [roi5 a0 Cr N Q O Q 7 a _ d, Q - -4 4 }mt r r _ en f9 n M S S S1 �p 3J -� g �* m it +y7 � Q � m D TI . nd � n� K CD a] � `� n� K CD7 _ u+ v+ m u+ y m m d 4 — m 6 d 1p O — m r O 0 ::c M T O O O ^wr. i4 M m � ZI C a ZI C ZI� a ro 2 ro rr y a d �i d Zr d ~}en 0i ID aZ�- a 3 M d ~7 .Za ro 2L Cu 4} tD ro ro [L CA CU y � rt d W d Vendor Services Agreement(Cooperative Services Agreement) Page 52 of 55 TruGreen Limited Partnership Rev. 10/19 a � m r-r a O C IL � � rt R7 C_y A rq 7 O 5 � [4 T f6 = 7 fp d Cu d [C Cu IL d ni4 f77 � o� 3 a N 3 rr CD o m fg6 a f G O —��' Qj W C n�i 16 T1 O t� i9 N @-S E r� {py pj y 4 (� �'d y2 a t;!IM F, C F G 0 F R z Cu 7 OJ [ti W Q to al R EO C a bh =5 �T. g cn sn n ^ ? 3 v � ar m a O I CF. ID RL Q � ran 2 to � m $ $ $ aT m rM ni w m m 9 o 9 m rp a 71 W 1 W — � W � � � ai y o o o Er. ° Er. o * m 73 94 ,3ep S m m $ Cr Cr -, 0 4 ° C � _ 0} 0 (A n L37 n n N n n 7 CuCD ]] a eb q 2 2 3 2 CU 4} fD Vendor Services Agreement(Cooperative Services Agreement) Page 53 of 55 TruGreen Limited Partnership Rev. 10/19 � Ora V di u�i 4 f6 } m aM y � c C u C a N ❑ >m 3 � � = @ rt a ;7, a m rt mac' n [Ij _ T m a 3 z = _ Im arao a� �arp a 5 L, Cu " v o n' m n' � rr ''o maj rp Fa* m am @ _ 3 a `° m Lu M ❑ D S. 3 @ c rr {� a � n lb 'Cu, ma 4 02 � o H _ z Ln n ccu _ c' � amO � cn �' a a CQj 03p — a� m ? ao, 3 �? a &� ei r 0c {p ;i �° rah I CL a — 4R, 4A. 4A. w ; -4 T r, cn t*, cn x F a m „ -o Q _ U Q a p p y r"b p z $ _ N. MD ni a W a na a o.i a ni rK " m m p a o a o o _ m c r p p p p p o y ?D m CI} } tb � fb � [b (b� � tb 1 � l a � � cu ii O1 f7 O1 n O1 a •K O Cu Y7 a 3 d 3 a 3 d 3 a 3 @ d �} 3 a p a p a p a p a s = n ° Vendor Services Agreement(Cooperative Services Agreement) Page 54 of 55 TruGreen Limited Partnership Rev. 10/19 TRUEAr August 21,2017 Proposal Invltat€on No.557-18 Custodial and Lawn Care Services Detalled Description of 5ewmes being offered: 012- (1)Granular Fertilizer 34-C-0 MQ%SCU LOB/N 1000 Sq Ft Ur 25-3-81.0€b/N 1000 Sq Ft #13- (1}Barricade or 5imazine Pre-�rnergent Herbicide Application #14- (1)Trlpower or Manor BroadleaF Post Emergent Weed Conical Application #15- (1)Hollow Tine Core Aeration #15- (5)Fite Granular Fertilizer AppliCatlons of 34-0-0 30K SCU 1.0 LB/N 1000 Sq Ft or 25-5-S Lalh/ N 100D 5q Ft 417- (1)5pecticle Herbicide Pre-Erne rgent Appliration #18- (1)Tribute Total Herb€Clde Past-EmergentAppIication #14- (1)Top Choice Ffe Ant Prod uct/Mole CricketTreatmentAppikation Vendor Services Agreement(Cooperative Services Agreement) Page 55 of 55 TruGreen Limited Partnership Rev. 10/19