HomeMy WebLinkAboutContract 57824 City Secretary Contract No. 57824
RTWORTH.
NON-EXCLUSIVE GROUNDS MAINTENANCE SERVICES AGREEMENT
This NON-EXCLUSIVE GROUNDS MAINTENANCE 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
SPSD,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."
WHEREAS, through ITB No. 22-0083, the City solicited bids to award non-exclusive services
agreements to multiple bidders for grounds maintenance services on an as-needed basis in the City with an
aggregate amount of$302,000.00 for contracts awarded to the successful bidders;
WHEREAS,Vendor was one of the successful bidders awarded a contract to provide non-exclusive
grounds maintenance services to the City;
WHEREAS,City and Vendor wish to set out terms of Vendor's non-exclusive mowing and grounds
maintenance services.
NOW, THEREFORE, in consideration of the covenants and agreements contained in this
Agreement,City and Vendor hereby agree as follows:
1. Scope of Services. Vendor shall provide grounds maintenance and irrigation services
("Services"),which are set forth in more detail in Exhibit"A,"attached hereto and incorporated herein for
all purposes.
2. Term. This Agreement begins on June 29, 2022 ("Effective Date") and expires on June
28,2023("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").
3. Compensation. Vendor understands and agrees that the City will award non-exclusive
services agreements to multiple bidders for grounds maintenance services as outlined in City of Fort Worth
Bid Solicitation (ITB No. 22-0083). City will pay Vendor in accordance with the provisions of this
Agreement, including Exhibit `B," which is attached hereto and incorporated herein for all purposes.
Vendor further understands that the aggregate amount of all contracts awarded to multiple vendors under
ITB No. 22-0083 shall not exceed THREE HUNDRED TWO THOUSAND DOLLARS AND 00/100
($302,000.00)and the City makes no promise or guarantee of the total amount of work that will be assigned
to Vendor under this Agreement. 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.
OFFICIAL RECORD
CITY SECRETARY
Non-Exclusive Vendor Services Agreement FT. WORTH, TX
SPSD,Inc.
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
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
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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.
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,contractors,or contractors.
8. Liability and Indemnification.
8.1 LIABILITY- VENDOR WILL 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, EMPLOYEES, CONTRACTORS, OR
SUBCONTRACTORS.
8.2 GENERAL INDEMNIFICATION- VENDOR HEREBY COVENANTS AND
AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS,
AGENTS,SERVANTS AND EMPLOYEES,FROMAND AGAINST ANYAND ALL CLAIMS
OR LAWSUITS OFANYKIND OR CHARACTER, WHETHER REAL OR ASSERTED,FOR
EITHER PROPERTYDAMAGE OR LOSS(INCLUDING ALLEGED DAMAGE OR LOSS TO
VENDOR'S BUSINESS AND ANY RESULTING LOST PROFITS) AND/OR PERSONAL
INJURY, INCL UDING 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,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 and/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
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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 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/or documentation with equally suitable,
compatible, and functionally equivalent non-infringing software and/or 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:
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$1,000,000- Each Occurrence
$2,000,000- Aggregate
(b) Automobile Liability:
$1,000,000- Each occurrence on a combined single limit basis
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
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.
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(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.
(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 Reeulations. 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 SPSD,Inc.
Attn: Assistant City Manager Attn: Director of Business Development
200 Texas Street 1108 107t` Street
Fort Worth,TX 76102-6314 Arlington,TX 76011
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,
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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.
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.
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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
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
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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"
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
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with any provision of this Agreement.
(signature page follows)
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IN WITNESS WHEREOF,the parties hereto have executed this Agreement in multiples.
CITY OF FORT WORTH:
CONTRACT COMPLIANCE MANAGER:
By signing I acknowledge that I am the person
responsible for the monitoring and administration of
Dc�nc� Bu�cih�%ff this contract,including ensuring all performance and
By: Dana Burghdoff(`ful 11,2022 22:28 CDT)
reporting requirements.
Name: Dana Burghdoff
Title: Assistant City Manager
Date: 7/11/2022 By: behalfofkan A- 6, ` o s
Name: Alan H. Shuror
APPROVAL RECOMMENDED: Title: Asst. Property Management Director
APPROVED AS TO FORM AND LEGALITY:
By: Steve 8,202214:54 CDT)
Name: Steve Cooke
Title: Property Management Director By: '�
Name: Matthew Murray
ATTEST: Title: Assistant City Attorney
CONTRACT AUTHORIZATION:
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Y Form 1295: 2022-895761
Name: Jannette S. Goodall oa44nnn��
Title: City Secretary �"A
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By:
Name: Christopher Cobb
Title: Director of Business Development
Date: 07-01-2022
OFFICIAL RECORD
CITY SECRETARY
Non-Exclusive Vendor Services Agreement FT. WORTH, TX
SPSD,Inc.
City Secretary Contract No.
EXHIBIT A
SCOPE OF SERVICES
1.0 SCOPE
1.1 Property Management Department shall utilize this agreement for New City Hall Grounds
Maintenance at 100 Energy Way on an"as needed"basis.
1.2 The quantities listed on this agreement only estimates based on previous usageand do not
indicate intent to purchase or a guarantee of future business.The City is obligatedto pay for
only those services actually ordered by an authorized City employee and then received as
required and accepted by the City.
1.3 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.
1.4 Any parts and/or services that have been omitted from this scope of service that are clearly
necessary or in conformance shall be considered a requirement although not directly
specified or called for in the scope of services.
1.5 The City may request additional service locations and/or services of the same general category
that could have been encompassed in the award of this Agreement. Such additional services shall
be included only by the written agreement of City and Vendor.
2.0 VENDOR REQUIREMENTS
2.1 Vendor shall have and operate a full-time,permanent business address with the ability to be
reached by email or telephone twenty-four(24)hours a day,seven(7)days a week.
3.0 DEFINITIONS
3.1 ContractorNendor—The awarded company per this agreement to perform specified work
contained herein.
3.2 Department Contract Manager—City of Fort Worth employee assigned to manage the
compliance,oversight,and/or administration of the contract of project for their
department of employment.
3.3 Designee—a City of Fort Worth employee assigned by the Department Contract Manager
to assist with the compliance,oversight and/or administration of the contract or project.
4.0 VENDOR RESPONSIBILITIES
4.1 Supervision—The Vendor shall,during all periods of contract performance,provide
competent supervision of Vendor's employees to assure complete and satisfactory fulfillment
of the work and the terms of this Contract.The Vendor or a capable,fully authorized
representative must be immediately available during all work activities to receive any and all
special instructions from the requesting Department's Designee.
4.1.1 The City shall have the right to require that the Vendor dismiss from the premises
Non-Exclusive Vendor Services Agreement
SPSD,Inc. Page 12 of 23
covered by this contract any employees of the Vendor whose conduct is improper,
inappropriate,or offensive and such employees shall not be re-employed on the
subject premises by Vendor without written consent of the City.
4.2. Safety—The Vendor shall be thoroughly familiar with all prevailing safety measures
pertinent to its operations.This shall include,but not necessarily be limited to Environmental
Health Agency(EPA)regulations,Occupational Safety and Health Agency(OSHA)
regulations,and Fort Worth City Ordinances.In addition,the Vendor shall be wholly
responsible for instructing its employees in these safety measures and seeing that they are
fully complied with in every respect.
4.2.1 Vendor's employees are required to wear an identification badge or
uniform shirt with Vendor's logo at all times while performing work
under this agreement.
4.3 Clean-Up—The Vendor shall keep the premises free as all times from accumulation
of waste materials or rubbish.At the completion of the work,the Vendor shall
remove all waste and rubbish from and about the work area,as well as tools,
equipment and surplus materials,and shall leave the area as clean and as free of
spots,stains,etc.,as before the work was undertaken.Vendor shall be responsible for
disposing/hauling of all trash,demolition debris,unused material,etc.in accordance
with all Local,State,and/or Federal guidelines.
4.4 Regulations—Vendor shall comply with all applicable Federal,State,and local 1 laws,
ordinances,rules,and regulations pertaining to the performance of the work specified herein
even if they come into effect after the start of this agreement.All mandates requiring the City
to comply with new guidelines will also require the City Vendors to comply.
5.0 EQUIPMENT
5.1 Vendor shall have available all necessary equipment and materials upon arrival at a
Project Area to perform the Services in this Agreement.
5.2 All equipment must be in good repair at all times and be operated by trained employees.
5.3 Vendor shall maintain sharp blades on all mowing equipment to cleanly cut,not tear,the
blades of grass.
5.4 Vendor shall not store equipment on property owned by the City.Vendor must remove all
equipment from each Project Area immediately after completing the mowing and grounds
maintenance.
6.0 GROUNDS MAINTENANCE,TRIMMING,LITTER REMOVAL and MULCHING
6.1 Vendor must remove all trash and litter from the entire Project Areas,prior to initiating
any mowing.Failure to remove trash and litter prior to mowing will result in the Vendor
being required to return to the site and remove all new trash and litter,as well as all trash
and litter that was mowed over.Any paper,cans,or bottles(cut or broken)found during
maintenance operations must be completely removed from the Project Areas immediately
prior to proceeding with maintenance of other areas.All trash and litter must be disposed
of by the Vendor at an off-site location procured by the Vendor at his/her sole expense.
6.2 Any areas that have been mowed must have trash and litter removed the same day the
mowing occurs and mowed grass must be blown or swept off of all curbs,gutters,
sidewalks,trails,and other hard surfaces.
Non-Exclusive Vendor Services Agreement Page 13 of 23
SPSD,Inc.
6.3 Vendor shall report any illegal dumping,no later than the next business day after its
discovery,to the Contract Manager or Designee.
6.4 All grass must be cut at the proper mowing height.The Contract Manager or Designee
may make changes in the mowing height requirements.
6.5 Mowing below the proper mowing heights may result in scalping.The City may
terminate this Agreement for Vendor's failure to mow at the proper mowing height.
Vendor must pay all costs to repair damage caused by improper mowing heights.
6.6 Upon completion,a mowed Project Area must be free of Clumped Grass Cuttings,
windrows,and tire/track ruts from equipment.Turf must be cut in a manner as to not
scalp turf,but to leave a crisp manicured finished appearance.
6.7 Removal of cut grass from turf areas will not be required,unless otherwise specified by
the Contract Manager or Designee.Care must be taken to prevent discharge of grass
clippings onto any surface,such as streets,curbs,gutters,parking lots,sidewalks,
concrete pads,creeks,lakes,ponds,or adjacent properties.
6.8 All structures,trees,poles,tables,signs,and shrub beds,are to be trimmed closely,where
applicable.All trimming must be completed on the same day as all mowing operations.
Special care must be taken when trimming around trees,as to not inflict damage to the
bark of trees or any tree watering systems present.
6.9 Trim guards should be used on line trimmers when working around trees and ornamental
shrubs.All trimming must be accomplished maintaining the required Mowing Height.
6.10 Trimming can be reduced by chemical edging,with prior written approval of the Contract
Manager.
6.11 All vegetation in cracks,seams,and joints of paved areas such as sidewalks,medians,
curbs,gutters,and driveways must be cut down to the pavement surface during the
completion of each mowing Cycle,where applicable.
6.12 Dead grass should be removed after any herbicide application.
6.13 Herbicide application must be in compliance with the State of Texas Structural Pest.
Control Board Laws and Regulations or the Texas Department of Agriculture Laws and
Regulations.Vendor,or his/her representative,must have a copy of their pesticide license
on file with the Property Management Department Prior to the use of any herbicide.
Herbicide must be sprayed on hard surfaces on an as needed basis.
6.14 Vendor shall use reasonable care to avoid damaging buildings,equipment(including but
not limited to irrigation heads and valve boxes),or vegetation on City or any other public
or private property.
6.15 The Vendor shall assess the Project Areas to be mowed,prior to starting,and make
necessary adjustments to mowing methods in order to avoid cutting or damaging
irrigation heads.
6.16 If the Vendor fails to use reasonable care causes damage to the property,the Vendor shall
replace or repair the damage,within 72 hours of notification,at no expense to the City.If
the Vendor fails or refuses to make such repair or replacement,the Vendor will be liable
for the cost,which may be deducted from payments made to the Vendor.
Non-Exclusive Vendor Services Agreement Page 14 of 23
SPSD,Inc.
6.17 Vendors are not to use or refuel any gasoline or diesel-fueled equipment or vehicles
between 6 A.M.and 10 A.M.on Ozone Action Days. Equipment/vehicles using propane,
compressed natural gas,electric,or electric/gasoline hybrid technology as a fuel source,
or meets California Air Resources Board(CARB)revision#2 standards,are exempt from
this requirement.
6.18 Bed weed control to include removing weeds,vines and other invasive plant materials
from all beds as needed up to twenty-six(26)times a year.
6.19 Apply slow-release turf fertilization three(3)times a year.
6.20 Apply turf pre-emerge weed control two(2)times a year.Apply turf post-emerge weed
control two(2)time a year.
6.21 Pre-emerge beds two(2)times a year.Post-emerge beds two(2)times a year.
6.22 Mulch beds with Cypress or Cedar mulch a minimum of two(2)inches,two(2)times a
year.
6.23 Mulch newly planted tree rings with Cypress or Cedar,minimum of 4-6",2x per year.
6.24 Vender shall remove miscellaneous litter from the grounds as requested in addition to
litter accumulated by mowing,trimming,and edging 1 time per week.
6.25 Apply slow-release fertilization to beds two(2)times a year.
6.26 Services shall be required to provide mowing services Ix per week during mowing season
which runs from February 28—November 20.
7.0 EDGING
7.1 Edging of sidewalks,driveways,and curbs,will be accomplished so that grass and
weeds neither extend over the edge of the walks,trails,drives,or curbs.All concrete
sidewalks,trails,curbs,walking paths,and steps must be mechanically edged,
exposing the concrete surface.The Vendor may use a disc edger on a mower or
similar device to edge the median as long as the produced edge meets the standard set
forth in this section.All materials dislodged by edging must be removed from the site
or blown back onto grass areas,as to leave a clean appearance.Concrete sidewalks
must be edged on both sides
8.0 BLOWING OF GRASS/DEBRIS
8.1 Chapter 12.5-302,subsection(a)of the City Code provides that a person commits an offense
if the person introduces or causes to be introduced into the MS4(Municipal Separate Storm
Sewer System)any discharge that is not composed entirely of storm water.Vendor will not
blow grass clippings and other debris into creeks,lakes,ponds,or the adjoining street or
roadway,or against fence lines.Mowing should be accomplished by discharging grass away
from streets,parking lots,or other roadways.Any grass clippings deposited onto the
sidewalk,fence line,gutter,or roadway,must be removed. Sidewalks,gutters,and roadways
must be clean or have the appearance of being swept.
9.0 TREES,SHRUBS,GROUND COVER AND ORNAMENTAL GRASS
9.1 The Vendor shall check trees in the contract area before contract work begins,any damage will
Non-Exclusive Vendor Services Agreement Page 15 of 23
SPSD,Inc.
be noted and reported to the Department Contract Manager.
9.2 The Department Contract Manager will conduct random checks of the trees during the contract
period.
9.3 A check of all trees may be made at the end of the contract period. City Forester, Department
Contract Manager,and Vendor will attend the inspection.
9.4 Damages shall be documented by memo to the City Forester with copy to contract file and the
Vendor.
9.5 Vendor shall have the option of replacement or payment for severely damaged trees at a location
to be designated by Department Contract Manager.Replacement shall be made on a caliper inch
per caliper inch basis with a minimum size of replacement tree of 2"in caliper for trees damaged
or removed which are less than 30"Diameter at Breast Height(DBH)and 2"per inch for trees
which are 30" DBH or greater. The Vendor shall be responsible for the planting, watering,
mulching and maintenance of replacement trees for a period of not less than 2 years.Any tree that
does not survive the 2-year establishment period shall be compensated for by the Vendor to Parks
and Recreation Department(PARR)tree fund at a rate of$200 per caliper inch.
9.6 Slight damage shall be defined, in the opinion of the City Forester, as damage that may heal.
Examples include but are not limited to: scaring of the trunk into the cambial layer ''/2"to 2"in
width,but less than 1/3 trunk circumference;or breaking of limbs less than 2"in diameter or limbs
less than 1/3 trunk caliper,whichever is less. Slight damage shall also include:removal or laying
down of protective tree fencing prior to end of construction;storing equipment or supplies within
the critical root zone (CRZ); or disposing of paint or concrete within the CRZ,but not closer to
the trunk than 50%radius of the CRZ.Slight damage to trees shall be assessed at a rate of$100.00
for each instance. Each day tree fencing is not properly placed,equipment or supplies are stored
within CRZ,or fill is stored within the CRZ shall be considered one instance.
9.7 Moderate damage shall be defined,in the opinion of the City Forester,as damage that contributes
to the poor health and reduced longevity of the tree. Examples include, but are not limited to:
scaring of the trunk into the cambial layer greater than 2", but less than 1/3 the trunk
circumference; or breaking of limbs more than 2" in diameter, but less than 1/3 trunk caliper.
Moderate damage shall also include:compaction of soil;grading or filling in 20%of the CRZ on
1 of 4 sides,but outside the 50%radius of the CRZ;or disposing of paint or concrete within 50%
radius of the CRZ.Moderate damages shall be calculated at a rate of'/2 the assessed value of the
tree per each instance of damage.
9.8 Severe damage or removal of trees is subject to penalty of$200 per diameter inch of trees removed
or damaged for trees less than 30"DBH or$400 per diameter inch for trees 30"
DBH or greater.Severe damage or removal shall include,but is not limited to:scaring of the trunk
to the cambial layer greater than 1/3 the trunk circumference;uprooting or causing a tree to lean;
or damage to a scaffolding branch or any branch greater than 1/3 of trunk caliper.Severe damage
shall also include: compaction of soil, grading or filling more than 20% of the CRZ, or within
50%radius of the CRZ,or on more than one of 4 sides.Cutting 1/3 of the buttress roots within 3
times the distance of the DBH of the trunk,or cutting 4 roots 4"or greater in diameter within 4'
of the trunk shall also be considered severe damage.
9.9 Branches shall be measured at the point of attachment or at the lateral to which the branch would
be pruned back to according to American National Standards Institute (ANSI) standards. Trees
caliper shall be measured according to accepted industry standards.Trees greater than 6"in caliper
shall be measured using diameter at breast height (DBH). Trees that must be removed due to
Non-Exclusive Vendor Services Agreement Page 16 of 23
SPSD,Inc.
damage caused by the Contractor shall be removed by the Forestry Section's tree removal
contractor at the Contractor's expense.
9.10 All damages shall be paid to the City Tree Fund.Failure to replace or pay for damaged trees shall
result in a breach of contract and the Contractor will be automatically assessed damages.Damages
as described herein shall be deducted from payments otherwise due to the Contractor.
9.11 Prune and shear shrubs as needed.
9.11.1 Cut back ornamental grass two(2)times a year.
9.11.2 Trim ground cover four(4)times a year.
9.12 Mulch newly planted tree rings with Cypress or Cedar a minimum of four(4)to six(6)inches.
9.13 Apply insect and disease control to turf as needed,a minimum of two(2)times a year.
10.0 IRRIGATION
10.1 Vendor shall have access to all manufactured brands to ensure new parts are
compatible with existing systems.
10.2 Vendor shall provide twenty-four(24)hour service and respond to emergency calls
within four(4)hours and respond to job site within twenty-four(24)hours of the
time of the call.
10.3 Vendor shall respond to non-emergency requests within eight(8)hours to schedule a
date and time for services.
10.4 Vendor shall respond to requests for inclement weather preparations within four(4)
hours,including requests for pretreatment.
10.5 If the Vendor encounters unforeseen conditions which impacts the work,which could
not initially be evaluated,the Vendor shall notify the Department's authorized
employee(s)immediately.
10.6 Vendor shall manually operate the irrigation during the months when freezing
conditions are possible to avoid creating icing conditions on streets,sidewalk and
parking surfaces.
10.7 Services shall include,but not limited to:
10.7.1 Inspect controller to ensure it is plugged and functioning properly
10.7.2 Update time and date as needed
10.7.3 Check connections on all wires to ensure all sensors,such as rain and
freeze are properly connected and working per manufacturer's
specifications
10.7.4 Replace back up battery
10.7.5 Change watering schedule to reflect the current season and irrigation
needs of the landscape
10.7.6 Turn on each zone to look for system damage such as leaking pipes or
valves,broken or missing heads,clogged nozzles,seal leaks,sunken
heads,tilted heads,overspray and pressure problems
10.7.7 Irrigation system repairs as needed
10.7.8 Irrigation shut off services
Non-Exclusive Vendor Services Agreement Page 17 of 23
SPSD,Inc.
10.7.9 Inclement weather pretreatment and/or prevention services
11.0 ADDITIONAL SERVICES
11.1 Parking Structure and Lots
11.1.1 The Vendor shall remove all leaves and debris from the parking structure,
lots and dock.
11.2 Inclement Weather Service and Repairs
11.2.1 The Vendor shall provide services in cases of inclement weather as
requested by the Contract Manager. Services may include,but are not
limited to:
11.2.1.1 Deicing walkways and surface areas
11.2.1.2 Pre-treatment for icy conditions using a deicer such as
calcium magnesium acetate or urea products.
11.2.2 The Vendor shall provide necessary repairs caused by inclement weather
as requested by the Contract Manager.Service may include,but are not
limited to:
11.2.2.1 Removal of trees and/or plants
11.3 Maintenance of Tree Canopies
11.3.1 The Vendor shall maintain proper canopy height for pedestrian safety,
proper signage and automobile clearance by the Contract Manager or
Designee.Maintenance of canopies at eight(8)to ten(10)feet high,will
need to be under the direct supervision of an ISA certified arborist and the
City of Fort Worth's Forestry Department must be notified and given
Vendor's Direct Contact information and coordinated before any work is
to be performed.Tree canopy maintenance shall be performed on an as
needed basis.
11.4 Seasonal Color
11.4.1 The Vendor shall provide,maintain,remove,and replace seasonal color in
the flower beds of the property in the Spring one(1)time,Summer two
(2)times,and the Winter one(1)time.
11.5 Fire Ant Control
11.5.1 Apply Fire Ant Control as needed.
12.0 HAZARDOUS CONDITIONS
12.1 Vendor is required to notify Contract Manager immediately of any hazardous
conditions and/or damage to City property.
13.0 HARD SURFACE MEDIANS
13.1 End caps or traffic islands within or adjacent to the Project Areas,which are not
specifically identified in these specifications,will be deemed to be a part of the
Project Areas where Vendor will perform Services.
14.0 DELIVERY OF SERVICE
14.1 Vendor shall understand that Service date shall be communicated to the Department
Contract Manager or Designee on the Purchase Order a minimum of 7 Business Days
prior to services rendered.
Non-Exclusive Vendor Services Agreement Page 18 of 23
SPSD,Inc.
14.2 Vendor shall perform services Sunday through Saturday between the hours of 7:00
a.m.through 7:00 p.m.,unless otherwise requested by the Department Contract
Manager or Designee.After hours are described as Sunday through Saturday between
the hours of 7:00 p.m.through 7:00 a.m.
14.3 Vendor MAY perform Service orders on City observed holidays at its discretion
provided building access is not necessary,and regular rates will apply:
14.3.1 New Year's Day
14.3.2 Martin Luther King Day
14.3.3 Memorial Day
14.3.4 June 19a'
14.3.5 July 4a'
14.3.6 Labor Day
14.3.7 Thanksgiving Day
14.3.8 Christmas Day
Non-Exclusive Vendor Services Agreement Page 19 of 23
SPSD,Inc.
EXHIBIT B
PAYMENT SCHEDULE
ftrwORM
BID SOLICITATION
Er-*!i Pau* Irwited; PUBLIC EVENT DETPJLS
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maps
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Litter Remaval
i x W6ek.Per ati;GW$PWArMIWns.
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SW 75 S21."375
Line: 4
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&1 -Refeasee Tusl Fmffl 3.00 EA
3K per year.peraglnclrA speJfi dons i2,Sti14.T0 56,I PAD
Line; 5
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Turf Pre-emerge wes0 cmW.2x a Year.per a nn EA
avached spealrahans L1,14PAS $Z,39B,7p
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Du"Mon_ oey Unk UnIII}r9c0 TOW
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al[athed s11s4iIiC9GanS 31.140_05 92,299.70
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914E.74 Sasl743
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Non-Exclusive Vendor Services Agreement Page 20 of 23
SPSD,Inc.
_ BID SOLICITATION
EwntlU —-- "I Invlled: PUBLIC EVENT DETAILS
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iTa Fut- a racy Bell azounde ra.,r.r.na,.r. 2M Texw St.(L[dreFLeval,$GUIh)
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per atPa€w4spec allo@a %74.83 I $3,442.18
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Non-Exclusive Vendor Services Agreement Page 21 of 23
SPSD,Inc.
`o Wo ' BID SOLICITATION
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Non-Exclusive Vendor Services Agreement Page 22 of 23
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SPSD,Inc.
M&C Review Page I of 3
Official site of the City of Fort Worth,Texas
CITY COUNCIL AGENDA FART II
Create New From This M&C
REFERENCE **M&C 22- 13P22-0083 FUTURE CITY
DATE: 6/28/2022 NO.: 0520 LOG NAME: HALL GROUNDS
MAINTENANCE ADK PMD
CODE: G TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: (ALL) Authorize Purchase Agreements with SPSD, Inc., and SRH Landscapes, LLC for
Future City Hall Grounds Maintenance in an Annual Amount Up to $302,000.00 and
Authorize Four One-Year Renewals for the Same Amount for the Property Management
Department
RECOMMENDATION:
Authorize purchase agreements with SPSD, Inc., and SRH Landscapes, LLC for future City Hall
grounds maintenance in an annual amount up to $302,000.00 and authorize four one-year renewals
for the same amount for the Property Management Department.
DISCUSSION:
The Property Management Department, approached the Purchasing Division to procure an
agreement for Future City Hall Grounds Maintenance. The Purchasing Division issued an Invitation to
Bid (ITB) 22-0083. The bid detailed specifications describing the types of grounds maintenance
services required.
The ITB was advertised in the Fort Worth Star-Telegram for six consecutive Wednesdays beginning
on March 16, 2022 through April 27, 2022. The City received six bids. However, upon evaluation,
one bidder, L.A.T.E. LLC dba Superior Landcare., did not score enough technical points to qualify for
pricing and, therefore, was not qualified to receive pricing points.
An evaluation panel consisting of representatives from Property Management and Park and
Recreation reviewed and scored the submittals using Best-Value criteria. The individual scores were
averaged for each of the criteria and the final scores are listed in the following table.
Best Value Criteria:
a. Bidder's approach to performing services
b. Bidder's qualification, experience, and references with Class "A" buildings
c. Availability of resources to provide services (equipment and personnel).
d. Cost of service
Bidders Evaluation Factors
0®0®Total Score
SPSD, Inc. 15.3 23.0 15.3 168.88
SRH Landscape, LLC 10.7 16.0 11.3 168
Brightview Landscape 166.98
Lawn Patrol Services 10.7 16.0 10.7 162.7
The Landscape Partners 10.7 18.0 10.7] 153.37
Points for pricing are determined as follows: Bidder must receive and least 50\% or more of the total
available points for technical criteria. Purchasing staff recommends awarding to SPSD, Inc. and SRH
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=30072&councildate=6/28/2022 6/30/2022
M&C Review Page 2 of 3
Landscapes LLC as the primary awardee of 90\% and to SRH Landscapes, LLC as the secondary
awardee of 10\% for Property Management and Park and Recreation Departments and four annual
renewal options for the same amount. No guarantee was made that a specific amount of these
services will be purchased.
FUNDING: The maximum annual amount allowed under this agreement will be
$302,000.00, however, the actual amount used will be based on the need of the department and the
available budget. The annual department allocation for this agreement is:
Department Name Estimated Annual A I Account Name
Property Management $302, JGeneral Fund
The funding will be split between the vendors as follows:
Vendor JAmount
SPSD, Inc $271,800.00
SRH Landscapes LLC $30,200.00
Funding is budgeted in the Other Contractual Services account of the Property
Management Department's General Fund.
BUSINESS EQUITY - A waiver of the goal for the Business Equity subcontracting requirement is
approved by the DVIN-BE, in accordance with the Business Equity Ordinance, because the purchase
of goods or services is from sources where subcontracting or supplier opportunities are negligible.
AGREEMENT TERMS: Upon City Council approval, the agreement will begin upon execution and
will end one year from that date.
RENEWAL OPTIONS: This agreement may be renewed for up to (4) four one-year terms at the City's
option. This action does not require specific City Council approval provided that the City Council has
appropriated sufficient funds to satisfy the City's obligations during the renewal term.
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 General Fund to support the approval of the above
recommendation and award of the agreement. Prior to any expenditure being incurred, the Property
Management Department has the responsibility to validate the availability of funds.
BQN\\
TO
Fund Department Account Project Program Activity Budget Reference# Amount
ID ID Year (Chartfield 2)
FROM
Fund Department Account Project Program Activity Budget Reference# Amount
ID ID Year (Chartfield 2)
Submitted for City Manager's Office by. Reggie Zeno (8517)
Dana Burghdoff(8018)
Originating Department Head: Anthony Rousseau (8338)
Steve Cooke (5134)
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=30072&councildate=6/28/2022 6/30/2022
M&C Review Page 3 of 3
Additional Information Contact: Cynthia Garcia (8525)
Ashley Kadva (2047)
ATTACHMENTS
13P 22-0083 FUTURE CITY HALL GROUNDS MAINT ADK PMD.docx (Public)
22-0083 Irrigation Mowing Landscape Purchasing Goal-
Waiver Form DVIN 2021 Signed 3.7.22 GV.pdf (CFW Internal)
FID TABLE Irrigation.Mow.Landscape.xlsx (CFW Internal)
ITB 22-0083 1295 Form.pdf (CFW Internal)
SAMs-SPSD-Inc.pdf (CFW Internal)
SAMs-SRH-Landscapes-LLC.pdf (CFW Internal)
SPSD 1295.pdf (CFW Internal)
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=30072&councildate=6/28/2022 6/30/2022