HomeMy WebLinkAboutContract 58536 City Secretary Contract No.
CSC No.58536
FORTWORTH.
NON-EXCLUSIVE INTERIOR ORNAMENTAL
TREE MAINTENANCE SERVICES AGREEMENT
This NON-EXCLUSIVE INTERIOR ORNAMENTAL TREE 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 Plantation Interiors, LLC ("Vendor"), a Texas Corporation, acting by and
through its duly authorized representative, each individually referred to as a "party" and collectively
referred to as the"parties."
AGREEMENT DOCUMENTS:
The Agreement documents shall include the following:
1.Non-Exclusive Interior Ornamental Tree Maintenance Services Agreement
2.Exhibit"A" - Scope of Services;
3.Exhibit`B" -Payment Schedule; and
4. Exhibit"C"-Verification of Signature Authority
Exhibits "A", `B", and"C"which are attached hereto and incorporated herein,are made a part of
this Agreement for all purposes. In the event of any conflict between the terms and conditions of Exhibits
"A", "B", or "C" and the terms and conditions set forth in the body of this Agreement, the terms and
conditions of this Agreement shall control.
1. Scope of Services. Vendor shall perform, on a weekly and as-needed basis, interior
ornamental tree maintenance services (the "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 November 1, 2022 and expires on October 31, 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 five (5) one-year renewal option(s)(each a"Renewal Term").
3. Compensation. City will pay Vendor in accordance with the Prompt Payment Act
(Chapter 2251 of the Texas Government Code) and the provisions of this Agreement, including Exhibit
"B," which is attached hereto and incorporated herein for all purposes. Total compensation under this
Agreement shall not exceed Eight Thousand, Seven Hundred Dollars and Twelve Cents ($8,700.12).
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
FT.WORTH,TX
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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
final payment under this Agreement, or the final conclusion of any audit commenced during the said three
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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,
INCL UDING DEATH, TO ANY AND ALL PERSONS, OF ANY BIND 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(INCL UDINGALLEGED DAMAGE OR LOSS TO
VENDOR'S BUSINESS AND ANY RESULTING LOST PROFITS) AND/OR PERSONAL
INJURY,INCLUDING 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
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;
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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 Assi mnent. 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:
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$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.
(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.
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(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 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 Plantation Interiors,LLC
Attn:Assistant City Manager Mark A. Teague,Managing Member
200 Texas Street 653 Brookvista Court East
Fort Worth,TX 76102-6314 Waxahachie,Texas 75165
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.
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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
option, Vendor will either(a) use commercially reasonable efforts to re-perform the services in a manner
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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. Chan2e 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 Boycott 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 Goverrunent 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
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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)
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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
ina/22 zGma g� responsible for the monitoring and administration of
Dana Burghdoff(Dec 5,20 o:5e CST) this contract,including ensuring all performance and
By:Name: Dana Burghdoff reporting requirements.
Title: Assistant City Manager
Dec2 2022 Eliana aue✓ara on behalfofAlan Shuror
Date: By: Eliana Guevara on behalf of Alan Shuror(Nov 23,202212:02 CST)
Name: Alan Shuror
APPROVAL RECOMMENDED: Title:Assistant Director,Property Management
APPROVED AS TO FORM AND LEGALITY:
��taC110-
By: Steve Cooke(Nov 23,202213:04 CST)
Name: Steve Cooke
Title: Property Management Director By: Christooh�rMi Mullin,(n 2,?72 ia•"rcn
ATTEST: ORTIl4d
Name: Christopher Mullins
°°
�p Title: Assistant City Attorney
°moo o9-to
CONTRACT AUTHORIZATION:
S
1"WhHb- . �oor7it�G a°nnTe..... M&C:N/A
bunuvab
By: JannetteS.Goodall(Dec5,2o2213:osCST) Form 1295:N/A
Name: Jannette S. Goodall
Title: City Secretary
VENDOR:
Plantation Interiors,LLC
By: /
Name: M A. easue n � /�
Title: Managing Member i�/1G�[e_(/ Ozw h�
Date:
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH,TX
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EXHIBIT A
SCOPE OF SERVICES
1.0 DEFINITIONS
1.1 Department Contract Manager shall be the City of Fort Worth employee assigned to manage
the compliance,oversight and/or administration of the contract or project for their department.
1.2 Designee shall be the 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.
1.3 Vendor shall be the person or company submitting a bid proposal to preform specified work
contained herein.
2.0 SCOPE OF WORK
2.1 Vendor shall perform,on a weekly and as-needed basis, interior ornamental tree maintenance
services for the inventory of trees onsite at 100 Energy Way ("Services"). The inventory of
trees onsite at 100 Energy Way consists of four(4) Tropical Foliage, 32"Pot Ficus Alii. and
four(4)Tropical Foliage, 32"Pot Ficus Benjamina.
2.1.1 Vendor shall inspect the soil moisture levels of onsite trees and replenish as necessary.
2.1.2 Vendor shall inspect the soil and foliage of onsite trees for insect pests, diseases and
other such infestations.
2.1.3 For all onsite trees, Vendor shall maintain the trimming and cleaning of all foliage,
removal of debris from soil surface and addition of soil as needed.
2.1.4 For all onsite trees,Vendor shall perform rotation of trees,as necessary,relative to any
predominant light source in order to maintain attractive shape.
2.1.5 Vendor shall provide maintenance of proper growing medium nutrient levels for all
onsite trees.
2.1.6 For all onsite trees, Vendor shall clean decorative containers, as necessary and shall
clean and wipe tree foliage, where necessary,to enhance the appearance and promote
the health of the plants.
2.1.7 Vendor shall treat onsite trees for pests and disease, as needed.
2.1.8 All travel expenses related to providing services.
2.1.9 Quarterly visits by a seasoned quality control person to assess the services being
provided by Vendor.
3.0 DELIVERY OF SERVICE
3.1 Services shall be performed at Future City Hall, 100 Energy Way Fort Worth, TX 76102,
unless otherwise specified by the Department Contract Manager or Designee.
3.2 Vendor shall perform Services within two weeks of a request for Services by the Department
Contract Manager or Designee.
3.3 Vendor shall submit an invoice for each Service date to the City's centralized Accounts
Payable Department invoice email address: supplierinvoicesnge.fortworthtexas. ov after
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City Secretary Contract No.
services are rendered.
3.4 Vendor shall perform Services during working hours from 8:00 a.m. through 5:00 p.m.,
Monday through Friday,unless otherwise requested by the Department Contract Manager or
Designee.
3.5 Parking shall be at the Loading Dock or Front Visitor Lot depending on availability.
3.6 Vendor shall not perform Services on City observed holidays:
3.6.1 New Year's Day
3.6.2 Martin Luther King,Jr.Day
3.6.3 Memorial Day
3.6.4 Juneteenth
3.6.5 Independence Day
3.6.6 Labor Day
3.6.7 Thanksgiving Day
3.6.8 Day after Thanksgiving
3.6.9 Christmas Day
4.0 VENDOR RESPONIBILITIES
4.1 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.
4.2 The City shall have the right to require that the Vendor dismiss from the premises 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.
4.3 The Vendor must 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,Fort Worth City Ordinances,and Occupational Safety and Health Agency
(OSHA) regulations. 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.
4.4 Vendor's employees shall wear an identification badge or uniform shirt with Vendor's logo at
all times while performing work under this agreement.
4.5 Vendor shall not leave spilled water on the floor. Wet floors must be dried promptly. A wet
floor sign must be placed in the area if Vendor needs to retrieve materials for cleaning/drying
from another part of building or their vehicle. Vendor shall be responsible for any injury
caused by water left on the floor.
4.6 Vendor shall provide its own ladder.Ladder safety training must be provided by Vendor to all
employees providing services to the City of Fort Worth.Periodic safety training must be part
of Vendor's employee training program.
4.7 Vendor shall be wholly responsible for and shall promptly correct or restore all defective work
or damages to any job site caused by its activities.
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City Secretary Contract No.
4.7.1 Restoration and correction shall be to the complete satisfaction of the City. This shall
apply to any part of a building,its appurtenances,the adjacent grounds,or other tangible
damage incurred in the performance of the Agreement.Failure by the Vendor to proceed
promptly with corrective actions may be cause for cancellation of this Agreement with
amount(s) necessary to correct defective work and/or damage being withheld from
payments due or to become due to Vendor.
4.8 The Vendor shall keep the premises free at all times from accumulation of waste materials or
rubbish. Vendor shall transport water in such a manner as to prevent spillage and shall leave
the area as clean and as free of spills, spots, stains, etc., as before the work was undertaken.
Vendor shall be responsible for disposing/hauling of all trash, unused material, etc. in
accordance with all Local, State, and/or Federal guidelines. Vendor shall be responsible for
any damage to building caused by spillage of water and/or plant treatment chemicals.
4.9 Regulations - Vendor shall comply with all applicable Federal, State, and local 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.
4.10 Water access is on the Lobby Level.Access shall be made available by building security.
4.11 Vendor shall provide a large water container with rubber wheels.
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City Secretary Contract No.
EXHIBIT B
PAYMENT SCHEDULE
1.0 Vendor will submit invoices to the City reflecting the services contained in the City's Request for
Quotes(Event Number CFWO 1-22-0184). Those services include:
MAINTENANCE PROGRAM Quantity Unit Unit Total
Price Annual
1. Inspect tree soil moisture levels once a week
and replenish as necessary.
2. Inspect the soil and foliage for insect pests,
diseases and other such infestations.
3. Maintain the trimming and cleaning of all
foliage,removal of debris from soil surface and
addition of soil as needed.
4. Rotation of trees, as necessary, relative to any
predominant light source in order to maintain
attractive shape.
5. Maintenance of proper growing medium
nutrient levels. 52 Week $167.31 $8,700.12
6. Cleaning of any decorative containers, as
necessary and cleaning and wiping of tree
foliage, where necessary, to enhance the
appearance and promote the health of the
plants.
7. Vendor shall provide treatment of trees for
pests and disease,as needed.
All travel expenses related to providing
8. services.
Quarterly visits by a seasoned quality control
9. person to assess the services being provided by
Vendor.
2.0 Vendor shall send invoices electronically to the City's centralized Accounts Payable Department
invoice email address: supplierinvoices@fortworthtexas.gov.
3.0 Vendor shall include the following on the subject line of its e-mail:vendor name, invoice
number, and PO number, separated by an underscore (ex: Example, Inc._123456_FW013-
0000001234).
4.0 Vendor shall adhere to the following requirements:
4.1 All invoices must be either a PDF or TIFF format;
4.2 Image quality must be at least 300 DPI(dots per inch);
4.3 Invoices must be sent as an attachment(i.e.no invoice in the body of the email);
4.4 One invoice per attachment(includes PDFs).Multiple attachments per email is acceptable but each
invoice must be a separate attachment;
4.5 Vendor shall not send handwritten invoices or invoices that contain handwritten notes;
4.6 Dot matrix invoice format shall not be accepted by City.
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City Secretary Contract No.
4.7 The invoice must contain the following information:
4.7.1 Supplier Name and Address;
4.7.2 Remit to Supplier Name and Address, if different;
4.7.3 Applicable City Department business unit#(i.e.FW013)
4.7.4 Complete City of Fort Worth PO number(i.e.the PO number must contain all preceding
zeros);
4.7.5 Invoice number;
4.7.6 Invoice date;and
4.7.7 Invoices should be submitted after delivery of the goods or services.
5.0 Vendor shall not include Federal, State of City sales tax in its invoices. City shall furnish
a tax exemption certificate upon Vendor's request.
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City Secretary Contract No.
EXHIBIT C
VERIFICATION OF SIGNATURE AUTHORITY
Plantation Interiors,LLC
653 Brookvista Court East
Waxahachie,Texas 75165
Vendor hereby agrees to provide City with independent audit basic financial statements, but also the fair
presentation of the financial statements of individual funds.
Execution of this Signature Verification Form ("Form") hereby certifies that the following individuals
and/or positions have the authority to legally bind Vendor and to execute any agreement, amendment or
change order on behalf of Vendor. Such binding authority has been granted by proper order, resolution,
ordinance or other authorization of Vendor. City is fully entitled to rely on the warranty and representation
set forth in this Form in entering into any agreement or amendment with Vendor. Vendor will submit an
updated Form within ten (10) business days if there are any changes to the signatory authority. City is
entitled to rely on any current executed Form until it receives a revised Form that has been properly executed
by Vendor.
1. Name:
Position: 7j�i�A,
Sign re
2. Name:
Position:
Signature
3. Name:
Position:
Signature
Name:
Signature of President/CEO
Other Title:
Date:
Vendor Services Agreement Page 16 of 16