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Contract 57596
CSC No. 57596 FORTWORTH. VENDOR SERVICES AGREEMENT This VENDOR SERVICES AGREEMENT ("Agreement") is made and entered into by and between the CITY OF FORT WORTH("City"),a Texas home rule municipal corporation,acting by and through its duly authorized Assistant City Manager, and LEONARD'S FARM&RANCH STORE,INC. ("Vendor"), a Texas Corporation and acting by and through its duly authorized representative, each individually referred to as a"party"and collectively referred to as the "parties." 1. Scope of Services. Vendor hereby agrees to provide commercial grade minor equipment and related maintenance items for grounds maintenance throughout the City on an "as-needed" basis ("Services"), which are set forth in more detail in Exhibit "A" and are based on the prices referenced in Exhibit`B", attached hereto and incorporated herein for all purposes. 2. Term. The initial term of this Agreement is for one(1)year(s),beginning on the date that this Agreement is executed by the City's Assistant City Manager ("Effective Date"), unless terminated earlier in accordance with this Agreement("Initial Term"). City will have the option,in its sole discretion, to renew this Agreement under the same terms and conditions,for up to four(4)one-year renewal option(s) (each a"Renewal Term"). 3. Compensation. 3.1 Total compensation under this Agreement will not exceed THREE HUNDRED TWENTY-FIVE THOUSAND Dollars and ZERO Cents($325,000.00). 3.2 City will pay Vendor in accordance with the Prompt Payment Act(Chapter 2251 of the Texas Government Code) and provisions of this Agreement,including Exhibit`B," which is attached hereto and incorporated herein for all purposes. 3.3 Vendor will not perform any additional services or bill for expenses incurred for City not specified by this Agreement unless City requests and approves in writing the additional costs for such services. City will not be liable for any additional expenses of Vendor not specified by this Agreement unless City first approves such expenses in writing. 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 will terminate on the last day of the fiscal period for which OFFICIAL RECORD Vendor Services Agreement CITY SECRETARY Page 1 of 13 v.1.4(November 30,2021) FT.WORTH,TX 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 will pay Vendor for services actually rendered up to the effective date of termination and Vendor will continue to provide City with services requested by City and in accordance with this Agreement up to the effective date of termination. Upon termination of this Agreement for any reason, Vendor will provide City with copies of all completed or partially completed documents prepared under this Agreement. In the event Vendor has received access to City Information or data as a requirement to perform services hereunder, Vendor will return all City provided data to City in a machine readable format or other format deemed acceptable to City. 5. Disclosure of Conflicts and Confidential Information. 5.1 Disclosure of Conflicts.Vendor hereby warrants to City that Vendor has made full disclosure in writing of any existing or potential conflicts of interest related to Vendor's services under this Agreement.In the event that any conflicts of interest arise after the Effective Date of this Agreement,Vendor hereby agrees immediately to make full disclosure to City in writing. 5.2 Confidential Information.Vendor,for itself and its officers,agents and employees, agrees that it will treat all information provided to it by City ("City Information") as confidential and will not disclose any such information to a third party without the prior written approval of City. 5.3 Public Information Act. City is a government entity under the laws of the State of Texas and all documents held or maintained by City are subject to disclosure under the Texas Public Information Act.In the event there is a request for information marked Confidential or Proprietary, City will promptly notify Vendor.It will be the responsibility of Vendor to submit reasons objecting to disclosure. A determination on whether such reasons are sufficient will not be decided by City, but by the Office of the Attorney General of the State of Texas or by a court of competent jurisdiction. 5.4 Unauthorized Access.Vendor must store and maintain City Information in a secure manner and will not allow unauthorized users to access, modify, delete or otherwise corrupt City Information in any way. Vendor must 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 will, in good faith, use all commercially reasonable efforts to cooperate with City in identifying what information has been accessed by unauthorized means and will fully cooperate with City to protect such City Information from further unauthorized disclosure. 6. Right to Audit. Vendor agrees that City will,until the expiration of three (3)years after final payment under this Agreement,or the final conclusion of any audit commenced during the said three years,have access to and the right to examine at reasonable times any directly pertinent books,documents, papers and records, including, but not limited to, all electronic records, of Vendor involving transactions relating to this Agreement at no additional cost to City. Vendor agrees that City will have access during normal working hours to all necessary Vendor facilities and will be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. City will give Vendor reasonable advance notice of intended audits. Vendor Services Agreement Page 2 of 13 v.1.4(November 30,2021) 7. Independent Contractor. It is expressly understood and agreed that Vendor will operate as an independent contractor as to all rights and privileges and work performed under this Agreement, and not as agent, representative or employee of City. Subject to and in accordance with the conditions and provisions of this Agreement, Vendor will have the exclusive right to control the details of its operations and activities and be solely responsible for the acts and omissions of its officers, agents, servants, employees, Vendors, and subcontractors. Vendor acknowledges that the doctrine of respondeat superior will not apply as between City,its officers,agents,servants and employees,and Vendor,its officers,agents, employees, servants, contractors, and subcontractors. Vendor further agrees that nothing herein will be construed as the creation of a partnership or joint enterprise between City and Vendor. It is further understood that City will in no way be considered a Co-employer or a Joint employer of Vendor or any officers, agents, servants, employees, contractors, or subcontractors. Neither Vendor, nor any officers, agents, servants, employees, contractors, or subcontractors of Vendor will be entitled to any employment benefits from City.Vendor will be responsible and liable for any and all payment and reporting of taxes on behalf of itself,and any of its officers,agents, servants,employees,or contractors. 8. Liability and Indemnification. 8.1 LIABILITY- VENDOR WILL BE LIABLE AND RESPONSIBLE FOR ANY AND ALL PROPERTY LOSS, PROPERTY DAMAGE AND PERSONAL INJURY, INCLUDING, INCLUDING, BUT NOT LIMITED TO, 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, REPRESENTATIVES, AGENTS,SERVANTS,EMPLOYEES, CONTRACTORS, OR SUBCONTRACTORS. 8.2 GENERAL INDEMNIFICATION- VENDOR HEREBY COVENANTS AND AGREES TO INDEMNIFY, HOLD HARMLESS, AND DEFEND CITY, ITS OFFICERS, AGENTS, REPRESENTATIVES, SERVANTS, AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR LAWSUITS OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, FOR EITHER PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO VENDOR'S BUSINESS AND ANY RESULTING LOST PROFITS)AND PERSONAL INJURY,INCLUDING,BUT NOT LIMITED TO,DEATH, TO ANY AND ALL PERSONS, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, TO THE EXTENT CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS OR MALFEASANCE OF VENDOR, ITS OFFICERS, AGENTS, REPRESNTATIVES, SERVANTS,EMPLOYEES, CONTRACTORS, OR SUBCONTRACTORS. 8.3 INTELLECTUAL PROPERTY INDEMNIFICATION — Vendor agrees to defend, settle, or pay, at its own cost and expense, any claim or action against City for infringement of any patent, copyright, trade mark, trade secret, or similar property right arising from City's use of the software or documentation in accordance with this Agreement, it being understood that this agreement to defend,settle or pay will not apply if City modifies or misuses the software and/or documentation. So long as Vendor bears the cost and expense of payment for claims or actions against City pursuant to this section, Vendor will have the right to conduct the defense of any such claim or action and all negotiations for its settlement or compromise and to settle or compromise any such claim; however,City will have the right to fully participate in any and all such settlement, negotiations, or lawsuit as necessary to protect City's interest, and City agrees to cooperate with Vendor in doing so. In the event City, for whatever reason, assumes the responsibility for payment of costs and expenses for any claim or action brought against City for infringement arising under this Agreement,City Vendor Services Agreement Page 3 of 13 v.1.4(November 30,2021) will have the sole right to conduct the defense of any such claim or action and all negotiations for its settlement or compromise and to settle or compromise any such claim; however, Vendor will fully participate and cooperate with City in defense of such claim or action. City agrees to give Vendor timely written notice of any such claim or action, with copies of all papers City may receive relating thereto. Notwithstanding the foregoing, City's assumption of payment of costs or expenses will not eliminate Vendor's duty to indemnify City under this Agreement.If the software and/or documentation or any part thereof is held to infringe and the use thereof is enjoined or restrained or, if as a result of a settlement or compromise, such use is materially adversely restricted,Vendor will, at its own expense and as City's sole remedy, either: (a) procure for City the right to continue to use the software and/or documentation; or (b) modify the software and/or documentation to make it non- infringing, provided that such modification does not materially adversely affect City's authorized use of the software and/or documentation; or (c) replace the software and documentation with equally suitable, compatible, and functionally equivalent non-infringing software and documentation at no additional charge to City; or (d) if none of the foregoing alternatives is reasonably available to Vendor terminate this Agreement, and refund all amounts paid to Vendor by City,subsequent to which termination City may seek any and all remedies available to City under law. 9. Assignment and Subcontracting. 9.1 Assignment. Vendor will not assign or subcontract any of its duties, obligations or rights under this Agreement without the prior written consent of City. If City grants consent to an assignment, the assignee will execute a written agreement with City and Vendor under which the assignee agrees to be bound by the duties and obligations of Vendor under this Agreement. Vendor will be liable for all obligations of Vendor under this Agreement prior to the effective date of the assignment. 9.2 Subcontract. If City grants consent to a subcontract,the subcontractor will execute a written agreement with Vendor referencing this Agreement under which subcontractor agrees to be bound by the duties and obligations of Vendor under this Agreement as such duties and obligations may apply. Vendor must provide City with a fully executed copy of any such subcontract. 10. Insurance. Vendor must provide City with certificate(s) of insurance documenting policies of the following types and minimum coverage limits that are to be in effect prior to commencement of any Services pursuant to this Agreement: 10.1 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 Vendor Services Agreement Page 4 of 13 v.1.4(November 30,2021) Coverage will be on any vehicle used by Vendor, or its employees, agents, or representatives in the course of providing Services under this Agreement. "Any vehicle"will be any vehicle owned,hired and non-owned. (c) Worker's Compensation: Statutory limits according to the Texas Workers' Compensation Act or any other state workers' compensation laws where the Services are being performed Employers' liability $100,000- Bodily Injury by accident;each accident/occurrence $100,000- Bodily Injury by disease; each employee $500,000- Bodily Injury by disease;policy limit (d) Professional Liability(Errors&Omissions): ❑ Applicable ©N/A $1,000,000- Each Claim Limit $1,000,000- Aggregate Limit Professional Liability coverage may be provided through an endorsement to the Commercial General Liability (CGL) policy, or a separate policy specific to Professional E&O. Either is acceptable if coverage meets all other requirements. Coverage must be claims-made,and maintained for the duration of the contractual agreement and for two (2) years following completion of services provided. An annual certificate of insurance must be submitted to City to evidence coverage. 10.2 General Requirements (a) The commercial general liability and automobile liability policies must name City as an additional insured thereon, as its interests may appear.The term City includes its employees,officers,officials,agents,and volunteers in respect to the contracted services. (b) The workers' compensation policy must include a Waiver of Subrogation (Right of Recovery)in favor of City. (c) A minimum of Thirty (30) days' notice of cancellation or reduction in limits of coverage must be provided to City. Ten (10) days' notice will be acceptable in the event of non-payment of premium.Notice must be sent to the City in accordance with the notice provision of this Agreement. (d) The insurers for all policies must be licensed and/or approved to do business in the State of Texas.All insurers must have a minimum rating of A-VII in the current A.M.Best Key Rating Guide,or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. If the rating is below that required,written approval of Risk Management is required. (e) Any failure on the part of City to request required insurance documentation will not constitute a waiver of the insurance requirement. Vendor Services Agreement Page 5 of 13 v.1.4(November 30,2021) (f) Certificates of Insurance evidencing that Vendor has obtained all required insurance will be delivered to the City prior to Vendor proceeding with any work pursuant to this Agreement. 11. Compliance with Laws, Ordinances,Rules and Regulations. Vendor agrees that in the performance of its obligations hereunder, it will comply with all applicable federal, state and local laws, ordinances,rules and regulations and that any work it produces in connection with this Agreement will also comply with all applicable federal, state and local laws, ordinances, rules and regulations. If City notifies Vendor of any violation of such laws, ordinances, rules or regulations, Vendor must immediately desist from and correct the violation. 12. Non-Discrimination Covenant. Vendor, for itself, its personal representatives, assigns, contractors,subcontractors,and successors in interest,as part of the consideration herein,agrees that in the performance of Vendor's duties and obligations hereunder, it will not discriminate in the treatment or employment of any individual or group of individuals on any basis prohibited by law. IF ANY CLAIM ARISES FROM AN ALLEGED VIOLATION OF THIS NON-DISCRIMINATION COVENANT BY VENDOR, ITS PERSONAL REPRESENTATIVES, ASSIGNS, CONTRACTORS, SUBCONTRACTORS, OR SUCCESSORS IN INTEREST, VENDOR AGREES TO ASSUME SUCH LIABILITY AND TO INDEMNIFY AND DEFEND CITY AND HOLD CITY HARMLESS FROM SUCH CLAIM. 13. Notices. Notices required pursuant to the provisions of this Agreement will be conclusively determined to have been delivered when (1) hand-delivered to the other party, its agents, employees, servants or representatives, (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 Leonard's Farm&Ranch Store,Inc. Atlas: Assistant City Manager James Vaughn, President 200 Texas Street 7321 Camp Bowie West Boulevard Fort Worth,TX 76102-6314 Fort Worth,Texas 76116 Facsimile: (817)392-8654 Facsimile:N/A With copy to Fort Worth City Attorney's Office at same address 14. Solicitation of Employees. Neither City nor Vendor will, during the term of this Agreement and additionally for a period of one year after its termination,solicit for employment or employ, whether as employee or independent contractor, any person who is or has been employed by the other during the term of this Agreement, without the prior written consent of the person's employer. Notwithstanding the foregoing,this provision will not apply to an employee of either party who responds to a general solicitation of advertisement of employment by either party. 15. Governmental Powers. It is understood and agreed that by execution of this Agreement, City does not waive or surrender any of its governmental powers or immunities. Vendor Services Agreement Page 6 of 13 v.1.4(November 30,2021) 16. No Waiver. The failure of City or Vendor to insist upon the performance of any term or provision of this Agreement or to exercise any right granted herein does not constitute a waiver of City's or Vendor's respective right to insist upon appropriate performance or to assert any such right on any future occasion. 17. Governing Law/Venue. This Agreement will be construed in accordance with the laws of the State of Texas. If any action,whether real or asserted,at law or in equity,is brought pursuant to this Agreement, venue for such action will lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas,Fort Worth Division. 18. Severability. If any provision of this Agreement is held to be invalid, illegal or unenforceable,the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. 19. Force Maieure. City and Vendor will exercise their best efforts to meet their respective duties and obligations as set forth in this Agreement,but will not be held liable for any delay or omission in performance due to force majeure or other causes beyond their reasonable control, including, but not limited to, compliance with any government law, ordinance, or regulation; acts of God; acts of the public enemy; fires; strikes; lockouts; natural disasters; wars; riots; epidemics or pandemics; government action or inaction; orders of government; material or labor restrictions by any governmental authority; transportation problems;restraints or prohibitions by any court,board,department,commission,or agency of the United States or of any States;civil disturbances;other national or regional emergencies;or any other similar cause not enumerated herein but which is beyond the reasonable control of the Party whose performance is affected (collectively, "Force Majeure Event"). The performance of any such obligation is suspended during the period of, and only to the extent of, such prevention or hindrance, provided the affected Party provides notice of the Force Majeure Event, and an explanation as to how it prevents or hinders the Party's performance,as soon as reasonably possible after the occurrence of the Force Majeure Event,with the reasonableness of such notice to be determined by the City in its sole discretion.The notice required by this section must be addressed and delivered in accordance with Section 13 of this Agreement. 20. Headings not Controlling. Headings and titles used in this Agreement are for reference purposes only,will not be deemed a part of this Agreement,and are not intended to define or limit the scope of any provision of this Agreement. 21. Review of Counsel. The parties acknowledge that each party and its counsel have 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 will not be employed in the interpretation of this Agreement or Exhibits A,B,and C. 22. Amendments/Modifications/Extensions. No amendment,modification, or extension of this Agreement will be binding upon a party hereto unless set forth in a written instrument, which is executed by an authorized representative of each party. 23. Counterparts. This Agreement may be executed in one or more counterparts and each counterpart will, for all purposes,be deemed an original,but all such counterparts will together constitute one and the same instrument. 24. Warranty of Services. Vendor warrants that its services will be of a high quality and conform to generally prevailing industry standards. City must give written notice of any breach of this warranty within thirty (30) days from the date that the services are completed. In such event, at Vendor's Vendor Services Agreement Page 7 of 13 v.1.4(November 30,2021) option, Vendor will either(a)use commercially reasonable efforts to re-perform the services in a manner that conforms with the warranty, or (b) refund the fees paid by City to Vendor for the nonconforming services. 25. Immigration Nationality Act. Vendor must verify the identity and employment eligibility of its employees who perform work under this Agreement, including completing the Employment Eligibility Verification Form (I-9). Upon request by City,Vendor will provide City with copies of all I-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Vendor must adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any Vendor employee who is not legally eligible to perform such services.VENDOR WILL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES,LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY VENDOR, VENDOR'S EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, OR AGENTS.City,upon written notice to Vendor,will have the right to immediately terminate this Agreement for violations of this provision by Vendor. 26. Ownership of Work Product. City will be the sole and exclusive owner of all reports, work papers,procedures,guides, and documentation that are created,published,displayed,or produced in conjunction with the services provided under this Agreement(collectively,"Work Product"). Further,City will be the sole and exclusive owner of all copyright,patent,trademark,trade secret and other proprietary rights in and to the Work Product. Ownership of the Work Product will inure to the benefit of City from the date of conception, creation or fixation of the Work Product in a tangible medium of expression (whichever occurs first). Each copyrightable aspect of the Work Product will be considered a"work-made- for-hire" within the meaning of the Copyright Act of 1976, as amended. If and to the extent such 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. 27. Signature Authority. The person signing this Agreement hereby warrants that they have the legal authority to execute this Agreement on behalf of the respective party, and that such binding authority has been granted by proper order,resolution, ordinance or other authorization of the entity. This Agreement and any amendment hereto,may be executed by any authorized representative of Vendor. Each party is fully entitled to rely on these warranties and representations in entering into this Agreement or any amendment hereto. 28. Change in Company Name or Ownership. Vendor must notify City's Purchasing Manager, in writing, of a company name, ownership, or address change for the purpose of maintaining updated City records.The president of Vendor or authorized official must sign the letter.A letter indicating changes in a company name or ownership must be accompanied with supporting legal documentation such as an updated W-9, documents filed with the state indicating such change, copy of the board of director's resolution approving the action, or an executed merger or acquisition agreement. Failure to provide the specified documentation so may adversely impact future invoice payments. 29. No Bove tt of Israel. If Vendor has fewer than 10 employees or this Agreement is for less than $100,000, this section does not apply. Vendor acknowledges that in accordance with Chapter 2271 of the Texas Government Code,the City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1)does not boycott Israel; and(2)will not boycott Israel during the term of the contract. The terms"boycott Israel" Vendor Services Agreement Page 8 of 13 v.1.4(November 30,2021) and"company"has the meanings ascribed to those terms in Section 2271 of the Texas Government Code. By signing this Agreement,Vendor certifies that Vendor's signature provides written verification to the City that Vendor: (1) does not boycott Israel; and (2)will not boycott Israel during the term of the Agreement. 30. Prohibition on Boycotting Energy Companies. Vendor acknowledges that, in accordance with Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2,the City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more that is to be paid wholly or partly from public funds of the City with a company with 10 or more full-time employees unless the contract contains a written verification from the company that it: (1) does not boycott energy companies; and (2)will not boycott energy companies during the term of the contract. The terms"boycott energy company" and"company"have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code,as added by Acts 2021, 87th Leg.,R.S., S.B. 13, § 2. To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement,Vendor certifies that Vendor's signature provides written verification to the City that Vendor: (1) does not boycott energy companies; and(2)will not boycott energy companies during the term of this Agreement. 31. Prohibition on Discrimination Against Firearm and Ammunition Industries. Vendor acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government Code,as added by Acts 2021, 87th Leg.,R.S., S.B. 19, § 1,the City is prohibited from entering into a contract for goods or services that has a value of$100,000 or more that is to be paid wholly or partly from public funds of the City with a company with 10 or more full-time employees unless the contract contains a written verification from the company that it: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate during the term of the contract against a firearm entity or firearm trade association. The terms "discriminate," "firearm entity" and "firearm trade association" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1. To the extent that Chapter 2274 of the Government Code is applicable to this Agreement,by signing this Agreement,Vendor certifies that Vendor's signature provides written verification to the City that Vendor:(1)does not have a practice,policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2)will not discriminate against a firearm entity or firearm trade association during the term of this Agreement. 32. Electronic Signatures. This Agreement may be executed by electronic signature, which will be considered as an original signature for all purposes and have the same force and effect as an original signature.For these purposes,"electronic signature"means electronically scanned and transmitted versions (e.g.via pdf file or facsimile transmission)of an original signature,or signatures electronically inserted via software such as Adobe Sign. 33. Entirety of Agreement. This Agreement contains the entire understanding and agreement between City and Vendor,their assigns and successors in interest, as to the matters contained herein. Any prior or contemporaneous oral or written agreement is hereby declared null and void to the extent in conflict with any provision of this Agreement. (signature page follows) Vendor Services Agreement Page 9 of 13 v.1.4(November 30,2021) IN WITNESS WHEREOF,the parties hereto have executed this Agreement in multiples. City: Vendor: By: Valerie Washington(May 23,2022 09:43 CDT) BYYJgrnes UG]l.1 HYI Name: Valerie Washington James Vaughn(May'0,202212:08 CDT) Title: Assistant City Manager Name: James Vaughn Title: President Date: May 23,2022 Date: May 20,2022 FOR CITY OF FORT WORTH INTERNAL PROCESSES: Approval Recommended: 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: Richard zavala(May 2 2214:52CDT) performance and reporting requirements. Name: Richard Zavala Title: Director L Park&Recreation Department B Y: .Q. _._Lj'�w Name: Clinton Wyatt By: sandraYou d(May17,202216:39CDT) Title: District Superintendent Name: Sandra Youngblood Park&Recreation Department Title: Assistant Director Park&Recreation Department City Secretary: DEC°°°°O°°°°�aa� °° ~o 00 0 0V° g=d ° Approved as to Form and Legality: By: 9a . tte S �� o° °o �d Ja nnettes.Goodall(May 23,202215:45 CDT) °OOppp°°° p Name: Jannette S. Goodall ���nEXAsoAp Lk Title: City Secretary By: N ico Arias(May�17,2002208:35 CDT) Name: Nico Arias Title: Assistant City Attorney Contract Authorization: M&C: 22-0058 Form 1295: 2021-835088 OFFICIAL RECORD CITY SECRETARY FT.WORTH, TX Vendor Services Agreement Page 10 of 13 v.1.4(November 30,2021) EXHIBIT A SCOPE OF SERVICES PART-II SCOPE OF SERVICES/SPECIFICATIONS 1.0 SCOPE 1.1 The City of Fort Worth (City)seeks bids to finalize non-exclusive Agreements for Minor Grounds Maintenance Equipment and Repairs as described herein on an"as needed basis for the City of Fort Worth Departments.The City intends to award multiple agreements to provide full coverage of service for the City.The successful bidder(s), known hereafter as"Contractor"P'Vendor." 1.2 This Agreement begins on the date the contracts are executed ("Effective Date")and expires on one year from that date("Expiration Date"),unless terminated earlier in accordance with this Agreement("Initial Term"). City will have the option, in its sole discretion,to renew this Agreement under the same terms and conditions,for up to four (4)one-year renewal option(s)(each a"Renewal Term"). 1.3 Fallowing the award, additional services of the same general category that could have been encompassed in the award of this Agreement,and that are not already on the Agreement, may be added based on the discount bid and price sheet provided with the bid. 1.4 Unit prices shall include all costs associated with the specified work, including but not limited to handling,delivery,fuel charges,fees and certifications fees. No additional charges will be accepted or paid by the City. 1.5 All items supplied resulting from this bid shall be of recent production, unused, commercial grade and suitable for their intended purpose. 1.6 The submission of a bid by the bidder shall be considered evidence of compliance with these requirements. 1.7 The City shall have the option to pick up minor equipment and related items or vendor shall provide delivery. 2.0 DETAILED SCOPE OF SERVICES/SPECIFICATIONS 2.1 The Vendor hereby agrees to provide the City with requirements attached hereto and incorporated for all purpose's incident to this Agreement in the Scope of Services/ Specifications,and Attachment G, Draft Contract more specifically describing the services to be provided hereunder. 2.2 Repairs 2.2.1 All repair parts must be original equipment from the manufacturer(OEM). 2.2.2 All repair parts shall be new, unused,commercial grade and suitable for their intended purpose. 2.2.3 Vendor shall submit description of recommended repairs in a report within 48 hours, including an estimated duration of the repair, required parts and quote of repairs. 2.2.4 Vendor shall provide certified technicians to perform repairs, inspections and required maintenance. ITB-21-0136 Minor Grounds Maintenance Equipment and Repair Services Page 23 of 55 EXHIBIT B FORTWORTH. PAYMENT SCHEDULE CITY OF FORT WORTH BID OFFER Event ID Page Invited: EVENT DETAILS CFW01-21-0136 3 Event Round Version 1 1 Event Name ITB -Minor Grounds Maint Eauin and Renair Svcs Start Time Finish Time I Submit To: City of Fort Worth 08/31/2021 17:00:00 CDT 09 16 2021 13:30:00 CDT J FINANCIAL MANAGEMENT SERVICES FINANCE-Purchasing 200 Texas St. Lower Level,South) Fort Worth TX 76102 United States Email: FMSPurchasingResponses@fortworthtexas.gov Line De ails Line: 1 Description: Qty Unit UnitPrice Total Item Id:000000000000028287:Axe,#125 4.00 EA Compact with Fiberglass Handle 49.99 199.96 Line: 2 Description: oty Unit UnttPrIce Total Item Id:000000000000028288:Axe,Razorback 3.00 EA Single Bit Fiberglass Handle 79.99 239.97 Line: 3 Description: 9!X Unit UnttPrIce Total Item Id:000000000000028289:Bar,Digging, 3.00 EA 17 lb.,70" 59.99 (179.97 Line: 4 Description: Qty Unit UnitPrice Total Item Id:000000000000028290:Blower Back 3.00 EA Pack,Gas,63.3 CC,17 Newtons 302.99 908.97 Line: 5 Description: oty Unit UnitPrice Total Item Id:000000000000028291 :Broom,24" 4.00 EA Push,2 Bristles Wood Handle 60" 79.99 319.96 Line: 6 Description: oty Unit UnitPrice Total Item Id:000000000000028292:Brushcutter 4.00 EA 37.7 CC Power,Gas f 550.99 2203.96 Line: 7 Description: City Unit UnitPrice Total Item Id:000000000000028293:Cable Saw 24" 4.00 EA Supersaw T-Handles (28.99 115.96 Line: 8 Description: 9!y Unit UnitPrice Total Item Id:000000000000028294:Cane Knife, 4.00 EA Clear Cutting 14"ErgoHandle and tough (39.99 159.96 tempered steel blade ITB-21-0136 Minor Grounds Maintenance Equipment and Repair Services Page 3 of 55 FORT WORTH. CITY OF FORT WORTH BID OFFER Event ID Page Invited: EVENT DETAILS CFW01-21-0136 4 Event Round Version 1 1 Event Name 1TB -Minor Grounds Maint Equip and Repair Svcs Start Time Finish Time Submit To: City of Fort Worth 08 31 2021 17:00:00 CDT 09 16 2021 13:30:00 CDT FINANCIAL MANAGEMENT SERVICES FINANCE-Purchasing 200 Texas St. Lower Level,South) Fort Worth TX 76102 United States Email: FMSPurchasingResponses@fortworthtexas.gov Line: 9 Description: Qtv Unit UnitPrice Total Item Id:000000000000028295:Chainsaw,10" 4.00 EA Bar,lithium-ion Battery 2318.99 955.96 Line: 10 Description: Qtv Unit UnitPrice Total Item Id:000000000000028296:Cultivator-4 4.00 EA 14-Prong Rne Forged Cultivator with 54 in. Hardwood Handle with Cushion Grip 89.99 359.96 Line: 11 Description: City Unit UnitPrice Total Item Id:000000000000028297:Cut-Off 4.00 EA Machine,Electric,cordless,Cuts 7cm 358.99 1435.96 Line: 12 Description: Qtv Unit UnitPrice Total Item Id:000000000000028298:Dirt Tamper, 4.00 EA 10"x 10"x 57"All-Steel 119.00 476.00 Line: 13 Description: Qtv Unit UnitPrice Total Item Id:000000000000028299:Drain Spade, 4.00 EA 14GA Closed-Back Fiberglass Handle 48" 49.99 199.96 Line: 14 Description: Qtv Unit UnitPrice Total Item Id:000000000000028300:Draw Face, 6 3.00 EA in 6 in Blade,60 in Ash Wood Handle 49.99 149.97 Line: 15 Description: Qtv Unit UnitPrice Total Item Id:00000000000D028301 :Drill,Wood 3.00 EA Boring,Power,27.2 CC,Gas 398.99 1196.97 Line: 16 Description: City Unit UnitPrice Total Item Id:000000000000028302:Auger,Earth, 3.00 EA Power,Gas,Gear speed 200 rmp 1574.99 1724 97 Line: 17 Description: Qtv unit UnitPrice Total Item Id:000000000000028303:Edger,Curved 3.00 EA Shaft loop Handle 190.99 572.99 ITB-21-0136 Minor Grounds Maintenance Equipment and Repair Services Page 4 of 55 FORT WORTH. CITY OF FORT WORTH BID OFFER Event ID Page Invited: EVENT DETAILS CFW01-21-0136 5 Event Round Version 1 1 Event Name ITB -Minor Grounds Maint Equip and Repair Svcs Start Time Finish Time Submit To: City of Fort Worth oe 31 2021 17:00:00 CDT 09 16 20z 13:30:00 CAT FINANCIAL MANAGEMENT SERVICES FINANCE-Purchasing 200 Texas St.(Lower Level,South) Fort Worth TX 76102 United States Email: FMSPurchasingResponses@fortworthtexas.gov Line: 18 Description: Qty Unit UnitPrice Total Item Id:000000000000028304:Engine,11.7 4.00 EA hp 389CC 979.99 3919.96 Line: 19 Description:_ Qty Unit UnitPrice Total Item Id:000000000000028305:EZ Out Tool, 3.00 EA 1"&1.25' 39.99 119.97 Line: 20 Description: Qtv Unit UnitPrice Total Item Id:000000000000028306:Fork,Etiercol 3.00 EA Digging Fork Wood Handle 4 Tine 89.99 1269.97 Line: 21 Description: Qty Unit UnitPrice Total Item Id:000000000000028307:Generator, 3.00 EA 212CC,3500 Watt Inverter,Gas 1299.99 3899.97 Line: 22 Description: Qty Unit UnitPrice Total Item id:000000000000028308:Hacksaw,High 3.00 EA tension Rubber grip Handle 12%18 TPI 39.99 119.97 Line: 23 Description: Qty Unit UnitPrlce Total Item Id:000000000000028309:Hammer,Sledge 3.00 EA 10LB Fiberglass Handle 69.99 209.97 Line: 24 Description: City Unit UnitPrice Total Item Id:000000000000028310:Hedge Trimmer 4.00 EA With battery AS 2 and chargerAL1 80.00 320.00 Line: 25 Description: City Unit UnitPrico Total Item Id:000000000000028311 :Hoe, 6 in 6 4.00 EA In Blade,60 In Aluminum Handle 59.99 239.96 Line: 28 Description: Qtv Unit UnitPrice Total Item Id:000000000000028312:Hole Digger, 12.00 EA Wood Handle 10GA Post 69.99 839.88 ITB-21-0136 Minor Grounds Maintenance Equipment and Repair Services Page 5 of 55 FORT WORTH. CITY OF FORT (NORTH BID OFFER Event ID Page Invited: EVENT DETAILS CFW01-21-0136 6 Event Round Version 1 1 Event Name ITH -Minor Grounds Maint Equip and Repair Svcs Start Time Finish Time Submit To: City of Fort Worth os 31 2021 17:00:00 CDT 09 16 0 3:30.00 CDT FINANCIAL MANAGEMENT SERVICES FINANCE-Purchasing 200 Texas St.(Lower Level,South) Fort Worth TX 76102 United States Email: FMSPurchasingResponses@fortworthtexas.gov Line: 29 Description: Qtv Unit UnitPrice Total Item Id:000000000000028313:Key, 3 IN 1 2.00 EA Operating Wrench Water Meter Key 149.99 199.98 Line: 30 Description: City Unit UnitPrice Total Item Id:000000000000028314:Key,28"Steel 12.00 EA Curb Water Meter Key 42.99 515.88 Line: 31 Description: Qty Unit UnitPrice Total Item Id:000000000000028315:Key,Universal 3.00 EA 4-way Faucet 129.99 189.97 Una: 32 Description: Qty Unit UnitPrice Total Item Id:000000000000028316:Line Trimmer 4.00 EA 270.99 1083.96 Line: 35 Description: Qtv Unit UnitPrice Total Item Id:000000000000028317:Lopper,26" 3.00 EA MAX Forged ClassicCUT Bypass 88.00 264.00 Line: 36 Description: Qty Unit UnitPrice Total Item Id:000000000000028318:Machete,18" 3.00 EA Ergo Handle Tempered Steel 129.99 189.97 Line: 37 Description: Qty Unit UnitPrice Total Item Id:000000000000028319:Mattlock, 3.00 EA Cultivating All-Steel Construction 29.99 89.97 Line: 38 Description: Qtv Unit UnitPrice Total Item Id:000000000000028320:Mower 21"H-D 3.00 EA Variable Speed Zone Start Kawasaki 2-Bail 1086.00 3258.00 Brand Name or Equal Toro Model 22297 Line: 40 Description: Qtv Unit UnitPrice Total Item Id:000000000000028321 :Mower,21" 5.00 EA Heavy Duty Self-Propelled Zone Start Honda Brand Name or Equal Toro Model 22295 1170.00 5850.00 ITB-21-0136 Minor Grounds Maintenance Equipment and Repair Services Page 6 of 55 RT WORTH.FO CITY OF FORT WORTH BID OFFER Event ID Page Invited: EVENT DETAILS CFW01-21-0136 7 Event Round Version I 1 Event Name ITB -Minor Grounds Maint Equip and Repair Svcs Start Time Finish Time Submit To: City of Fort Worth 08 31 2021 17:00:00 CDT 09 16 2021 13:30:00 CDT FINANCIAL MANAGEMENT SERVICES FINANCE-Purchasing 200 Texas St.(Lower Level,South) Fort Worth TX 76102 United States Email: FMSPurchasingResponses@fortworthtexas.gov Line: 42 Description: Qtv Unit UnitPrice Total Item Id:000000000000028322:Mower,21" 5.00 EA Hydrostatic Honda GVC200 1170.00 5850.00 Brand Name or Equal Toro Model 22295 Line: 43 Description: Qtv Unit UnitPrice Total Item Id:000000000000028323:Nipple 4.00 EA Extractor 1/2"&314" 14.99 59.96 Line: 44 Description: Qtv Unit UnitPrice Total Item Id:000000000000028324:Pick Head, 3.00 FA Forged Railroad for PM 40000,PM 73020 59.99 179.97 Line: 46 Description: Qtv Unit UnitPrice Total Item Id:000000000000028325:Pipe Cutter 1 1.00 EA 1/2" 29.99 29.99 Line: 48 Description: City Unit UnitPrice Total Item Id:000000000000028326:Plastic Pipe 3.00 EA Cutter 1.25" 29.99 29.99 Line: 49 Description: Qtv Unit UnitPrice Total Item Id:000000000000028327:Pole Saw,31.4 3.00 FA CC,Gas,7.6" 502.99 1508.97 Line: 50 Description: Qtv Unit UnitPrlce Total Item Id:000000000000028328:Post Driver- 3.00 EA 3 Inch squared hollow section,standard model 99.99 299.97 Line: 51 Description: Qtv Unit UnitPrice Total Item Id:000000000000028329:Post Hole 3.00 EA Digger Heavy,12-gauge tempered steel blade 99 99 [299.97 Line: 52 Description: City Unit UnitPrice Total Item Id:000000000000026330:Pressure 3.00 EA Washer,208 CC 3200 PSI 798.99 2396.97 ITB-21-0136 Minor Grounds Maintenance Equipment and Repair Services Page 7 of 55 FORT WORTH. ` 1118 ! CITY OF FORT WORTH BID OFFER Event ID Page Invited: EVENT DETAILS CFW01-21-0136 8 Event Round Version 1 1 Event Name ITB -Minor Grounds Maint Equip and Repair Svcs Start Time Finish Time Submit To: City of Fort Worth 08 31 2021 17:00:00 CDT 09 16 2021 13:30:00 CDT FINANCIAL MANAGEMENT SERVICES FINANCE-Purchasing 200 Texas St.(Lower Level,South) Fort Worth TX 76102 United States Email: FMSPurchasingResponses@fortworthtexas.gov Line: 53 Description: Qtv Unit UnitPrice Total Item Id:000000000000D28331 :Probe, 3.00 EA Utility,Fiberglass handle:48"T-grip handle 64.99 194.97 for dual hand placement Steel tip Line: 54 Description: Qtv Unit UnitPrice Total Item Id:000000000000028332:Pruner,Bypass 3.00 EA 8"3/4"cut 19.99 59.97 Line: 55 Description: City Unit UnitPrice Total Item Id:000000000000028333:Pump,Fire Hose 12'reinforced 2"hose w/Strainer Foot Valve 196 cc commercial grade Honda GX200 3.00 EA engine 20 wheels for easy transport over 649.00 1947.00 rough terrain Brand Name or Equal Generac Model 6822 Line: 56 Description: Qtv Unit UnitPrice Total Item Id:000000000000028334:Pump, 3.00 EA Self-priming 1920 GPH,1"Ports 26CC Honda 349.00 1047.00 GX25 4-Stroke Engine Brand Name or Equal Generac Model 6917 Line: 61 Description: Qty Unit UnitPrice Total Item Id:000000000000028335:Rake, 3.00 EA Landscape-42 in 42 Tines,60 in Aluminum 8-0.99 254.97 Handle Line: 66 Description: Qtv Unit UnitPrice Total Item Id:000000000000028336:Saw Pruner, 1.00 EA Duallink Compound Lever 12' 159.99 1159.99 Line: 72 Description: Qty Unit UnitPrice Total Item Id:000000000000028337:Scoop,Premium 1.00 EA ComfortGEL Stainless steel,red 18.49 18.49 Line: 73 Description: Qtv Unit UnitPrice Total Item Id:000000000000028338:Scraper,14" 1.00 EA with Wood Handle 49.99 49.99 ITB-21-0136 Minor Grounds Maintenance Equipment and Repair Services Page 8 of 55 FORT WORTH. CITY OF FORT WORTH BID OFFER Event ID Page Invited: EVENT DETAILS CFW01-21-0136 9 Event Round Version 1 1 Event Name iTB -Minor Grounds Maint Equip EqUip and Repair Svcs Start Time Finish Time Submit To: City of Fort Worth 08 31 2021 17:00:00 CDT 09 16 2021 13:30:00 CDT FINANCIAL MANAGEMENT SERVICES FINANCE-Purchasing 200 Texas St.(Lower Level,South) Fort Worth TX 76102 United States Email: FMSPurchasingResponses@fortworthtexas.gov Line: 75 Description: Qtv Unit UnitPrice Total Item Id:000000000000028339:Shovel-#12 1.00 EA Plastic Scoop D-Handle 30" 99.99 99.99 Line: 76 Description: QtY Unit UnitPrice Total Item Id:000000000000028340:Sprayer,30" 1.00 EA wand features three nozzles 4-gallon tank 1124.99 124.99 Line: 77 Description: Qtv Unit UnitPrice Total Item Id:000000000000028341 :Spreader, 1.00 EA 100#,Pro-style T handle,Stainless steel 438.99 438.99 Line: 78 Description: MY Unit UnitPrice Total Item Id:000000000000028342:Suction Cup Reacher,EX Reach ArcMate EZ Reacher PRO Outdoor with Locking Grip and Handle. Collapsible with Slip Joint,indoor 1.00 EA _ Commercial and Outdoor Use,4.5"Wide Jaw, 119.99 119.99 81b.Capacity,Black,32"(32P-DC-I-FBA) Line: 79 Description: QtY Unit UnitPrice Total _ Item Id:000000000000028343:Tool,Multi 1.00 EA Task,Power engine,Gas 278.99 278.99 Line: 82 Description: QtY Unit UnitPrice Total Item Id:000000000000028344:Transplanter 1.00 EA Egrip,Stainless steel 19.99 19.99 Line: 83 Description: Qtv Unit UnitPrice Total Item Id:000000000000028345:Tree Pruner, 1.00 EA 14'w 13"Razor Dual Link 129.99 129.99 Line: 84 Description: QtY Unit UnitPrice Total Item id:000000000000028346:Trowel, 1.00 EA Comfort Grip 29.99 29.99 ITB-21-0136 Minor Grounds Maintenance Equipment and Repair Services Page 9 of 55 FORT WORTH. CITY OF FORT (NORTH BID OFFER Event ID Page Invited: EVENT DETAILS CFWOI-21-0136 10 Event Round Version 1 1 Event Name ITS -Minor Grounds Maint Equip and Repair Svcs Start Time Finish Time Submit To: City of Fort Worth 08 31 2021 17:00:00 CDT 09 16 2021 13:30:00 CDT FINANCIAL MANAGEMENT SERVICES FINANCE-Purchasing 200 Texas St.(Lower Level,South) Fort Worth TX 76102 United States Email: FMSPurchasingResponses@fortworthtexas.gov Line: 85 Description: Qty Unit UnitPrice Total Item Id:000000000000028347:Vaccum, 1.00 EA Wet/Dry 6.6 Gal 120 V,Motor 1.0 kw 309.99 309.99 Line: 86 Description: Qty Unit UnitPrice Total Item Id:000000000000028348:Weeder, 1.00 EA Extended Handle 69.99 69.99 Line: 87 Description: Qty Unit UnitPrice Total Item Id:000000000000028349:Wheelbarrow, 1.00 EA 6"Knobby flat-free fire 189.99 189.99 Line: 88 Description: Qtv Unit UnitPrice Total Item Id:000000000000028350:Wrench, 1.00 EA adjustable 3'-5'steel T Handle Uses A.B,C. NO QUOTE Snap Pins to Square Stee NO QUOTE Line: 99 Description: City Unit UnitPrice Total 0 %Discount off MRP for 6.00 EA ?R6Z 49.99 299.94 Line: 100 Besefietiar+= Qty Unit UnitPrice Total 0_°k Discount off MRP for Bar Digging 8.00 EA tools 59.99 479.92 Line: 101 Dssccipttnn- Qty Unit UnitPrice Total 20 °A Discount off MRP for Blower Back 3.00 EA Packs 302.99 908.97 Line: 102 nagerintinn• Qty Unit UnitPrice Total Discount off MRP for Blowers 2.00 EA _ — — 111.99 223.98 Line: 103 noscrintinn• Qty Unit UnitPrice Total 0 Discount off MRP for Brooms 10.00 EA _—°!o 79.99 799.90 ITB-21-0136 Minor Grounds Maintenance Equipment and Repair Services Page 10 of 55 FORT WORTH. CITY OF FORT WORTH BID OFFER Event ID Page Invited: EVENT DETAILS CFWOI-21-0136 11 Event Round version 1 1 Event Name ITB -Minor Grounds Maint Equip and Repair Svcs Start Time Finish Time Submit To: City of Fort Worth 08 31 2021 17:00:00 CDT 09 16 2021 13:30:00 CDT FINANCIAL MANAGEMENT SERVICES FINANCE-Purchasing 200 Texas St.(Lower Level,South) Fort Worth TX 76102 United States Email: FMSPurchasingResponses@fortworthtexas.gov Line: 104 Description: Qtv Unit UnitPrice Total Discount off MRP for Saws 5.00 EA 28,99 144.95 Line: 105 Dascrintinn- Qty Unit UnitPrice Total 20 %Discount off MRP for Brushcutters 2.00 EA 550.99 1101.98 Line: 106 Dascrintinn• Qtv Unit UnitPrice Total 0 %Discount off MRP for Knives 7.00 EA (Clearing tools) 39.99 279.93 Line: 107 Dascrintinn- Qtv Unit UnitPrice Total 20 %Discount off MRP for Cultivators 5.00 EA _ _ 89.99 449.95 Line: 108 neccriptinn• Qty Unit UnitPrice Total 20 %Discount off MRP for Chainsaws 4.00 FA — — 511.99 2047.96 Line: 109 City Unit UnitPrlce Total iscount off MRP for Cut-Off Machines 2.00 EA _ — 919.99 1839.98 Line: 110 Description: Qtv Unit UnitPrice Total _0 °!o Discount off MRP for Tampers 5.00 EA 119.00 595.00 Line: 111 Description- City Unit UnitPrice Total _0_%Discount off MRP for Drain Spades 5.00 FJl 49.99 249.95 Line: 112 D,pc, ptinn• City Unit UnitPrice Total %Discount off MRP for Hoes 5.00 EA 70.00 350.00 ITB-21-0136 Minor Grounds Maintenance Equipment and Repair Services Page 11 of 55 FORT WORTH. r CITY OF FORT WORTH BID OFFER Event ID Page Invited: EVENT DETAILS CFW01-21-0136 12 Event Round Version 1 1 Event Name STB -Minor Grounds Maint Equip and Repair Svcs Start Time Finish Time Submit To: City of Fort Worth 08 31 2021 17:00:00 CDT 09 16 2021 13:30:00 CDT FINANCIAL MANAGEMENT SERVICES FINANCE-Purchasing 200 Texas St.(Lower Level,South) Fort Worth TX 76102 United States Email: FMSPurchasingResponses@fortworthtexas.gov Line: 113 Description: City Unit UnitPrice Total 0 %Discount off MRP for Power Drills 12.00 EA 399.99 1 4799.88 Line: 114 Dascrintinn- Qtv Unit UnitPrice Total 20 %Discount off MRP for Earth Augers 30.00 EA 399.99 11999.97 Line: 115 nncrrintinn- City Unit UnitPrice Total ,20 °/o Discount off MRP for Edgers 24.00 EA 303.99 7295.76 Line: 116 DAstcriptinn• City Unit UnitPrice Total 0 %Discount off MRP for Forks 24.00 EA _ — 89.99 2159.76 Line: 117 DaRcrinticn• City Unit UnitPrice Total 0 %Discount off MRP for Generators 12.00 EA i 1299.99 1 15599.88 Line: 116 DescriptiM City Unit UnitPrice Total 0 %Discount off MRP for small hand 12.00 EA tools(hammers,trowels,Hacksaws etc) 49.99 599.88 Line: 119 Dagerintinn• City Unit UnitPrice Total 20_%Discount off MRP for Hedge Trimmers 12.00 EA 399.99 4799.88 Line: 120 Q Unit UnitPrice Total _ _ iscount offMRP for Trimmer 4.00 EA 271.99 1087.96 Lines Line: 121 Description: Qty Unit UnitPrice Total _0_%Discount off MRP for Hole Diggers 120.00 EA 69.99 8398.$0 ITB-21-0136 Minor Grounds Maintenance Equipment and Repair Services Page 12 of 55 FORT WORTH. CITY OF FORT WORTH BID OFFER Event 10 Page Invited: EVENT DETAILS CFW01-21-0136 13 Event Round Version 1 1 Event Name 1TB -Minor Grounds Maint Equip and Repair Svcs Start Time Finish Time Submit To: City of Fort Worth 08 31 2021 17:00:00 CDT 09 16 2021 13 30:00 CDT FINANCIAL MANAGEMENT SERVICES FINANCE-Purchasing 200 Texas St.(Lower Level,South) Fort Worth TX 76102 United States Email: FMSPurchasingResponses@fortworthtexas.gov Line: 122 Description: Qtv Unit UnitPrlce Total _20_%Discount off MRP for Loppers 20.00 EA 88.00 1760.00 Line: 123 Description- Qtv Unit UnitPrice Total 0 %Discount off MRP for Mattlock 20.00 EA -- 29.99 599.80 Line: 124 Darer ptinn- City Unit UnitPrice Total 0 %Discount off MRP for Lawn Mowers 20.00 EA 1603.00 32060.00 Line: 125 Description• City Unit UnitPrice Total 0_%Discount off MRP for Pipe Cutters 5.00 EA 29.99 149.95 Line: 126 Descrintion: QtY Unit UnitPrice Total 20 %Discount off MRP for Pole Saws 5.00 EA - - 551.99 2759.95 Line: 127 Dascrintinn- QtY Unit UnitPrice Total 0 %Discount off MRP for Post Drivers 24.00 EA 99.99 2399.76 Line: 128 Darerintion: QtY Unit UnitPrice Total 0 %Discount off MRP for Pick Head 24.00 EA 59.99 1439.76 Line: 129 Dpnerintinn: Qtv Unit UnitPrice Total 0 %Discount off MRP for Post Hole 30.00 EA Diggers 199.99 2999.70 Line: 130 Bar_ tinn- City Unit UnitPrice Total 20 %Discount off MRP for Pressure 30.00 EA Washers 798.99 23969.70 ITB-21-0136 Minor Grounds Maintenance Equipment and Repair Services Page 13 of 55 FORT WORTH. �r**1111� CITY OF FORT WORTH BID OFFER Event ID Page Invited: EVENT DETAILS CFW01-21-0136 14 Event Round Version 1 1 Event Name ITS -Minor Grounds Maint EgUip and Repair Svcs Start Time Finish Time Submit To: City of Fort Worth 08 31 2021 17:00:00 CDT 09 16 2021 13:30:00 CDT FINANCIAL MANAGEMENT SERVICES FINANCE-Purchasing 200 Texas St.(Lower Level,South) Fort Worth TX 76102 United States Email: FMSPurchasingResponses@fortworthtexas.gov Line: 131 Description: City Unit UnitPrice Total 0 %Discount off MRP for Probes 4.00 EA 64.99 259.96 Line: 132 nascriptinn: City Unit UnitPrice Total 20 %Discount off MRP for Pruner Bypass 4.00 EA 19.99 79.96 Line: 133 nancrintinn: City Unit UnitPrice Total 0 %Discount off MRP for Pump Fire Hoses 2.00 EA 149.99 299.98 Line: 134 tlescrintton: ON Unit UnitPrice Total _0_0!6 Discount off MRP for 24.00 EA 649.99 15599.76 Pumps Line: 144 nescrintinn- City Unit UnitPrice Total 0 %Discount off MRP for Rakes 25.00 FA 84.99 2124.75 Line: 145 nasr-rintinn: Qtr Unit Un(tPrice Total 0 %Discount off MRP for Shovels 43.00 EA 99.99 4299.57 Line: 146 Dasrrintinn• City Unit UnitPrice Total 20 %Discount off MRP for Saw Prunners 25.00 FA 129.99 3249.75 Line: 147 Deccrintinm Qtv Unit UnitPrice Total 20 %Discount off MRP for Sprayers 20.00 FA 108.00 2160.00 Line: 148 nAncriptinn- City Unit UnitPrice Total 20 %Discount off MRP for Spreaders 32.00 EA 473.77 15160.64 ITB-21-0136 Minor Grounds Maintenance Equipment and Repair Services Page 14 of 55 FORT NORTH. CITY OF FORT WORTH BID OFFER Event ID Page Invited: EVENT DETAILS CFW01-21-0136 15 Event Round Version 1 1 Event Name ITB -Minor Grounds Maint Equip and Repair Svcs Start Time Finish Time Submit To: City of Fort Worth 08 31 2021 17:00:00 CDT 09 16 2021 13:30:00 CDT FINANCIAL MANAGEMENT SERVICES FINANCE-Purchasing 200 Texas St.(Lower Level,South) Fort Worth TX 76102 United States Email: FMSPurchasingResponses@fortworthtexas.gov Line: 149 Description: City Unit UnitPrice Total 0 %Discount off MRP for Transplanters 33.00 EA 19.99 659.67 Line: 150 nnc rintinn- Qtv Unit UnitPrice Total 0 %Discount off MRP for Wet Dry 12.00 EA 247.99 1 2975.04 Vaccums Line: 151 nAScription• city Unit UnitPrice Total 0 %Discount off MRP for Wheelbarrows 50.00 EA 189.99 9499.50 Line: 152 nAscrintinn• QtY Unit UnitPrlce Total 0 %Discount off MRP for items not 1.00 EA listed on bid offer sheets TBD TBD Total Bid Amount: $239,960.85 ITB-21-0136 Minor Grounds Maintenance Equipment and Repair Services Page 15 of 55 PART III -ATTACHMENT-A CONFLICT OF INTEREST DISCLOSURE CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. OFFICE USE ONLY This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who Date Received has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1),Local Government Code. A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code.An offense under this section is a misdemeanor. .1J Name of vendor who has a business relationship with local governmental entity. NIA 2 Check this box if you are filing an update to a previously filed questionnaire.(The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.) 3 Name of local government officer about whom the information is being disclosed. NIA !Name of Officer Al Describe each employment or other business relationship with the local government officer, or a family member of the officer,as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local government officer. Complete subparts A and B for each employment or business relationship described. Attach additional pages to this Form CIQ as necessary. NIA A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income, other than investment income, from the vendor? Yes FX ] No B. Is the vendor receiving or likely to receive taxable income,other than investment income,from or at the direction of the local government officer or a family member of the officer AND the taxable income is not received from the local governmental entity? 71Yes © No 5 Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or other business entity with respect to which the local government officer serves as an officer or director,or holds an ownership interest of one percent or more. NIA 6 ❑ Check this box if the vendor has given the local government officer or a family member of the officer one or more gifts as described in Section 176.003(a)(2)(B), excluding gifts described in Section 176.003(a-1). 7 1 �Xo 1),/i,- n Sig ture of vendor doing busine s I ith the governmental entity Date Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 1/1/2021 ITB-21-0136 Minor Grounds Maintenance Equipment and Repair Services Page 33 of 55 City of Fort Worth, Texas Mayor and Council Communication DATE: 01/25/22 M&C FILE NUMBER: M&C 22-0058 LOG NAME: 13P 21-0136 GROUNDS MAINTENANCE MINOR EQUIPMENT JC SUBJECT (ALL)Authorize Execution of Non-Exclusive Agreements with Leonard's Farm&Ranch Store, Inc.and Lawn&Garden Warehouse for Grounds Maintenance Equipment and Supplies in a Combined Annual Amount Up to$650,000.00 for City Departments and Authorize Four One-Year Renewal Options for the Same Annual Amount RECOMMENDATION: It is recommended that the City Council authorize execution of non-exclusive agreements with Leonard's Farm&Ranch Store, Inc.and Lawn& Garden Warehouse for grounds maintenance equipment and supplies in a combined annual amount up to$650,000.00 for City Departments and authorize four one-year renewal options for the same annual amount. DISCUSSION: The Park&Recreation,Public Events,Water,Transportation&Public Works,and Fire Department approached the Purchasing Division for assistance with securing an agreement for commercial grade minor equipment and related maintenance items for grounds maintenance throughout the City on an"as-needed"basis.Purchasing staff issued an Invitation to Bid(ITB)No.21-0136 on August 31,2021 with submissions due by September 16,2021. The ITB was advertised in the Fort Worth Star-Telegram on September 1,2021,September 8,2021 and September 15,2021.The City received three bids: A&B Lawn&Garden was deemed non-responsive due to not receiving 50%or more of the evaluation points.Staff recommends awarding to the other two vendors under a multiple award because their bids provide the best value and will meet the City's needs to obtain the equipment necessary to perform grounds maintenance by City staff. AGREEMENT TERMS-Upon City Council's approval,this agreement shall begin upon execution and expire one year from that date. RENEWAL TERMS:This agreement may be renewed for four additional one-year renewal periods.This action does not require specific City Council approval provide that the City Council has appropriated sufficient funds to satisfy the City's obligations during the renewal term. BUSINESS EQUITY:A waiver of the goal for M/WBE subcontracting requirements is approved by the Diversity and Inclusion Department,in accordance with Ordinance No.225165-10-2021 (the Business Equity Ordinance),because the application of the purchase of goods or services is from sources where subcontracting or supplier opportunities are negligible. ADMINISTRATIVE CHANGE ORDER: An administrative change order or increase may be made by the City Manager up to the amount allowed by relevant law and the Fort Worth City Code and does not require specific City Council approval as long as sufficient funds have been appropriated. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that funds are available in the current operating budget, as previously appropriated, in the City Department's Operating Funds to support the approval of the above recommendation and execution of the agreement.Prior to any expenditure being incurred, the City Department has the responsibility to validate the availability of funds. Submitted for City Manager's Office by. Reginald Zeno 8517 Valerie Washington 6192 Originating Business Unit Head: Tony Rousseau 8338 William Johnson 7801 Additional Information Contact: Cynthia Garcia 8525 Jeff Cope 8313 ATTACHMENTS Approved Waiver 21-0127 Ground Maintenance Minor Equipment.pdf (CFW Internal) Form 1295-Leonards Farm&Ranch Stomp& (CFW Internal) SAMs Leonards Farm&Ranch Store,Inc.pdf (CFW Internal)