HomeMy WebLinkAboutContract 61421City Secretary Contract No. 61421
FORT WORTH,
VENDOR SERVICES AGREEMENT
This VENDOR SERVICES AGREEMENT ("Agreement") is made and entered into by and
between the CITY OF FORT WORTH ("City"), a Texas home rule municipal corporation, acting by and
through its duly authorized Assistant City Manager, and Cowboy Compost, LLC. ("Vendor"), a Texas
limited liability company and 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. This Vendor Services Agreement;
2. Exhibit A
— Scope of Services;
3. Exhibit B
— Locations of Food Waste Collection Sites
4. Exhibit C
— Payment Schedule;
5. Exhibit D
— City's RFP No. 24-0118
6. Exhibit E —
Contractor's Bid Response to City's RFP No. 24-0118; and
7. Exhibit F —
Verification of Signature Authority Form.
Exhibits A, B, C, D, and E, which are attached hereto and incorporated herein, are made a part of this
Agreement for all purposes. In the event of any conflict between the terms and conditions of Exhibits A, B,
C, or D and the terms and conditions set forth in the body of this Agreement, the terms and conditions of
this Agreement shall control.
1. Scope of Services. Vendor shall provide City with collection of residential food waste and
certified compostable products, as described in more detail in Exhibit "A," from City -owned carts
designated for disposal at the locations identified in Exhibit "B" ("Services").
2. Term. This Agreement begins on April 8, 2024 ("Effective Date") and expires on April
7, 2025 ("Expiration Date"), unless terminated earlier in accordance with this Agreement ("Initial Term").
City shall 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. City shall pay Vendor in accordance with the provisions of this
Agreement, including Exhibit "C," which is attached hereto and incorporated herein for all purposes. Total
compensation payable by City to Vendor pursuant to this Agreement shall not exceed Sixty Thousand
Dollars and Zero Cents ($60,000.00). Vendor shall not perform any additional services or bill for expenses
incurred for City not specified by this Agreement unless City requests and approves in writing the additional
costs for such services. City shall not be liable for any additional expenses of Vendor not specified by this
Agreement unless City first approves such expenses in writing.
OFFICIAL RECORD
4. Termination.
CITY SECRETARY
FT. WORTH, TX
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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-annronriation of Funds. In the event no funds or insufficient funds are
appropriated by City in any fiscal period for any payments due hereunder, City shall notify Vendor
of such occurrence and this Agreement shall terminate on the last day of the fiscal period for which
appropriations were received without penalty or expense to City of any kind whatsoever, except as
to the portions of the payments herein agreed upon for which funds have been appropriated.
4.3 Duties and Obligations of the Parties. In the event that this Agreement is
terminated prior to the Expiration Date, City shall pay Vendor for services actually rendered up to
the effective date of termination and Vendor shall continue to provide City with services requested
by City and in accordance with this Agreement up to the effective date of termination. Upon
termination of this Agreement for any reason, Vendor shall provide City with copies of all
completed or partially completed documents prepared under this Agreement. In the event Vendor
has received access to City Information or data as a requirement to perform services hereunder,
Vendor shall return all City provided data to City in a machine readable format or other format
deemed acceptable to City.
5. Disclosure of Conflicts and Confidential Information.
5.1 Disclosure of Conflicts. Vendor hereby warrants to City that Vendor has made full
disclosure in writing of any existing or potential conflicts of interest related to Vendor's services
under this Agreement. In the event that any conflicts of interest arise after the Effective Date of this
Agreement, Vendor hereby agrees immediately to make full disclosure to City in writing.
5.2 Confidential Information. Vendor, for itself and its officers, agents and employees,
agrees that it shall treat all information provided to it by City ("City Information") as confidential
and shall not disclose any such information to a third party without the prior written approval of
City.
5.3 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 shall promptly notify Vendor. It shall be the responsibility of Vendor to submit reasons
objecting to disclosure. A determination on whether such reasons are sufficient shall 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 shall 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 shall, in good faith, use all commercially reasonable efforts to cooperate with City in
identifying what information has been accessed by unauthorized means and shall fully cooperate
with City to protect such City Information from further unauthorized disclosure.
Rieht to Audit. Vendor agrees that City shall, 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 shall have access during
normal working hours to all necessary Vendor facilities and shall be provided adequate and appropriate
work space in order to conduct audits in compliance with the provisions of this section. City shall give
Vendor reasonable advance notice of intended audits.
7. Independent Contractor. It is expressly understood and agreed that Vendor shall operate
as an independent contractor as to all rights and privileges and work performed under this Agreement, and
not as agent, representative or employee of City. Subject to and in accordance with the conditions and
provisions of this Agreement, Vendor shall have the exclusive right to control the details of its operations
and activities and be solely responsible for the acts and omissions of its officers, agents, servants,
employees, Vendors, and subcontractors. Vendor acknowledges that the doctrine of respondeat superior
shall not apply as between City, its officers, agents, servants and employees, and Vendor, its officers,
agents, employees, servants, contractors, and subcontractors. Vendor further agrees that nothing herein
shall be construed as the creation of a partnership or joint enterprise between City and Vendor. It is further
understood that City shall in no way be considered a Co -employer or a Joint employer of Vendor or any
officers, agents, servants, employees, contractors, or subcontractors. Neither Vendor, nor any officers,
agents, servants, employees, contractors, or subcontractors of Vendor shall be entitled to any employment
benefits from City. Vendor shall be responsible and liable for any and all payment and reporting of taxes
on behalf of itself, and any of its officers, agents, servants, employees, contractors, or contractors.
8. Liability and Indemnification.
8.1 LIABILITY - VENDOR SHALL BE LIABLE AND RESPONSIBLE FOR ANY
AND ALL PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY,
INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER,
WHETHER REAL OR ASSERTED, TO THE EXTENT CAUSED BY THE NEGLIGENT
ACT(S) OR OMISSION(S), MALFEASANCE OR INTENTIONAL MISCONDUCT OF
VENDOR, ITS OFFICERS, AGENTS, SERVANTS, 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, 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 shall not apply if
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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 shall 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 shall 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 shall 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 shall 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
shall 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 shall, 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.
Assignment and Subcontracting.
9.1 Assignment. Vendor shall not assign or subcontract any of its duties, obligations
or rights under this Agreement without the prior written consent of City. If City grants consent to
an assignment, the assignee shall execute a written agreement with City and Vendor under which
the assignee agrees to be bound by the duties and obligations of Vendor under this Agreement.
Vendor shall 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 shall
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
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(a) Commercial General Liability:
$1,000,000 - Each Occurrence
$2,000,000 - Aggregate
(b) Automobile Liability:
$1,000,000 - Each occurrence on a combined single limit basis
Coverage shall be on any vehicle used by Vendor, or its employees, agents, or
representatives in the course of providing Services under this Agreement. "Any
vehicle" shall be any vehicle owned, hired and non -owned.
(c) Worker's Compensation:
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):
$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 shall be
acceptable in the event of non-payment of premium. Notice must be sent to the
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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.
(e) Any failure on the part of City to request required insurance
documentation shall not constitute a waiver of the insurance requirement.
(f) Certificates of Insurance evidencing that Vendor has obtained all required
insurance shall be delivered to the City prior to Vendor proceeding with any work
pursuant to this Agreement.
11. Compliance with Laws, Ordinances, Rules and Regulations. Vendor agrees that in the
performance of its obligations hereunder, it shall comply with all applicable federal, state and local laws,
ordinances, rules and regulations and that any work it produces in connection with this Agreement shall
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 shall not discriminate in the treatment or
employment of any individual or group of individuals on any basis prohibited by law. IF ANY CLAIM
ARISES FROM AN ALLEGED VIOLATION OF THIS NON-DISCRIMINATION COVENANT
BY VENDOR, ITS PERSONAL REPRESENTATIVES, ASSIGNS, 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 shall be
conclusively determined to have been delivered when (1) hand -delivered to the other party, its agents,
employees, servants or representatives, (2) delivered by facsimile with electronic confirmation of the
transmission, or (3) received by the other party by United States Mail, registered, return receipt requested,
addressed as follows:
To CITY:
City of Fort Worth
Attn: Assistant City Manager
200 Texas Street
Fort Worth, TX 76102-6314
Facsimile: (817) 392-8654
With copy to Fort Worth City Attorney's Office at
same address
Vendor Services Agreement
Cowboy Compost, LLC
To VENDOR:
Cowboy Compost, LLC
Johanna Paschal, Chief Executive Officer
4105 Aragon Drive
Fort Worth, TX 76133
Page 6 of 101
14. Solicitation of Emplovees. Neither City nor Vendor shall, during the term of this
Agreement and additionally for a period of one year after its termination, solicit for employment or employ,
whether as employee or independent contractor, any person who is or has been employed by the other
during the term of this Agreement, without the prior written consent of the person's employer.
Notwithstanding the foregoing, this provision shall not apply to an employee of either party who responds
to a general solicitation of advertisement of employment by either party.
15. Governmental Powers. 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 shall be construed in accordance with the laws
of the State of Texas. If any action, whether real or asserted, at law or in equity, is brought pursuant to this
Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas or the United
States District Court for the Northern District of Texas, Fort Worth Division.
18. Severability. If any provision of this Agreement is held to be invalid, illegal or
unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be
affected or impaired.
19. Force Maieure. City and Vendor shall exercise their best efforts to meet their respective
duties and obligations as set forth in this Agreement, but shall not be held liable for any delay or omission
in performance due to force majeure or other causes beyond their reasonable control, including, but not
limited to, compliance with any government law, ordinance, or regulation; acts of God; acts of the public
enemy; fires; strikes; lockouts; natural disasters; wars; riots; 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 ControllinLy. Headings and titles used in this Agreement are for reference
purposes only, shall not be deemed a part of this Agreement, and are not intended to define or limit the
scope of any provision of this Agreement.
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 shall not be employed in the interpretation of this
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Agreement or Exhibits A, B, and C.
22. Amendments / Modifications / Extensions. No amendment, modification, or extension
of this Agreement shall be binding upon a party hereto unless set forth in a written instrument, which is
executed by an authorized representative of each party.
23. Counterparts. This Agreement may be executed in one or more counterparts and each
counterpart shall, for all purposes, be deemed an original, but all such counterparts shall together constitute
one and the same instrument.
24. Warranty of Services. Vendor warrants that its services shall be of a high quality and
conform to generally prevailing industry standards. City must give written notice of any breach of this
warranty within thirty (30) days from the date that the services are completed. In such event, at Vendor's
option, Vendor shall either (a) use commercially reasonable efforts to re -perform the services in a manner
that conforms with the warranty, or (b) refund the fees paid by City to Vendor for the nonconforming
services.
25. Immigration Nationalitv 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 shall 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 shall be performed by any Vendor employee who is not legally eligible to
perform such services. VENDOR SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS
FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS
PARAGRAPH BY VENDOR, VENDOR'S EMPLOYEES, CONTRACTORS,
SUBCONTRACTORS, OR AGENTS. City, upon written notice to Vendor, shall have the right to
immediately terminate this Agreement for violations of this provision by Vendor.
26. Ownership of Work Product. City shall 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
shall be the sole and exclusive owner of all copyright, patent, trademark, trade secret and other proprietary
rights in and to the Work Product. Ownership of the Work Product shall inure to the benefit of City from
the date of conception, creation or fixation of the Work Product in a tangible medium of expression
(whichever occurs first). Each copyrightable aspect of the Work Product shall be considered a "work -made -
for -hire" within the meaning of the Copyright Act of 1976, as amended. If and to the extent such Work
Product, or any part thereof, is not considered a "work -made -for -hire" within the meaning of the Copyright
Act of 1976, as amended, Vendor hereby expressly assigns to City all exclusive right, title and interest in
and to the Work Product, and all copies thereof, and in and to the copyright, patent, trademark, trade secret,
and all other proprietary rights therein, that City may have or obtain, without further consideration, free
from any claim, lien for balance due, or rights of retention thereto on the part of City.
27. Signature Authoritv. 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.
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28. Change in Companv 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 Bovcott 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) shall 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) shall not boycott Israel during
the term of the Agreement.
30. Prohibition on BovcottinLy Energv Companies. Vendor acknowledges that in accordance
with Chapter 2276 of the Texas Government Code, 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 Vendor that it: (1) does not boycott energy companies; and (2) shall not boycott energy
companies during the term of this Agreement. To the extent that Chapter 2276 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) shall 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, 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 Vendor that it: (1) does not have a
practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade
association; and (2) shall not discriminate during the term of the contract against a firearm entity or firearm
trade association. 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) shall 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
shall 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, including all attachments and exhibits, contains
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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 to be effective on
the dates set forth in Section 2.
CITY OF FORT WORTH:
_46,-W -
BY: Valerie Washington (May 15, 202411:39 CDT)
Name: Valerie Washington
Title: Assistant City Manager
Date: May 15 2024
APPROVAL RECOMMENDED:
By:
Name: James Keezell
Title: Environmental Services Assistant Director
ATTEST:
By:
Name: Jannette S. Goodall
Title: City Secretary
VENDOR:
Cowboy Compost, LLC.
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By:
JoyXnna Paschal (May 9,202417:45 CDT)
Name: Johanna Paschal
Title: Chief Executive Officer
Date: May 9 12024
CONTRACT COMPLIANCE MANAGER:
By signing I acknowledge that I am the person
responsible for the monitoring and administration
of this contract, including ensuring all
performance and reporting requirements.
By:
Name: Avery Pesek
Title: Sr Management Analyst
APPROVED AS TO FORM AND LEGALITY:
By: -M. ,I -
Name: M. Kevin Anders, II
Title: Assistant City Attorney
CONTRACT AUTHORIZATION:
M&C: N/A
Form 1295: N/A
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
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EXHIBIT A
SCOPE OF SERVICES
The City of Fort Worth has implemented Food Waste Drop -Off Locations for Fort Worth residents to drop-
off food waste, including materials that cannot be composted through backyard composting such as cooked
meats and dairy products, into City -owned locked carts at twenty-one (21) designated drop-off locations
and up to forty (40) locations as the program expands.
A. Vendor, in a proficient and professional manner, shall provide all labor, materials, and equipment
necessary to collect residential food waste from the designated disposal carts at the locations set
forth in Exhibit B.
B. Food waste shall be defined as, but not be limited to, the following items:
i. Cooked meats and bones
ii. Food scraps and leftovers
iii. Eggs, shells, dairy, proteins
iv. Seafood and shellfish
v. Baked goods
vi. Tea bags, coffee filters and grounds
vii. Nuts, fruits, and vegetables
C. Vendor shall transport waste collected from the disposal carts to a composting facility that meets
all Texas Commission on Environmental Quality (TCEQ) requirements.
D. Vendor shall work with the City to strategically locate drop-off locations easily accessible to
residents and, as much as possible, near existing composting infrastructure. The initial twenty-one
(21) drop-off locations are identified in Exhibit `B." With the input of Vendor the City may
designate additional drop-off location for a maximum of forty (40) locations to serve as residential
drop-off locations. Additional services and locations that could have been encompassed in the
Agreement, but are not already in the Agreement, may be added. The City and the Vendor agree
that Exhibit `B" may be amended to add additional locations and services.
E. Vendor shall transport the designated disposal carts to and from the collection site during normal
business hours (Monday —Friday, 8:00 a.m. — 5:00 p.m.). This shall exclude the following holidays:
i. Martin Luther King Jr Day
ii. Memorial Day
iii. Juneteenth
iv. Independence Day
v. Labor Day
vi. Thanksgiving Day
vii. Christmas Day
viii.New Year's Day
F. Collection frequencies, at minimum, shall be scheduled on a once -weekly basis and on an "on -call"
basis depending on received volumes and other factors such as odors and number of participants.
i. Vendor shall have 24-48 hours to respond to such requests. If the Vendor cannot respond
in 24-48 hours, the Vendor shall communicate its reason(s) for the delay by email, as
instructed in Section H, within 48 hours of the collection date and time. Upon receipt by
the City, Vendor shall have up to 72 hours to collect the carts.
Vendor Services Agreement Page 12 of 101
G. Communication between the Vendor and the Environmental Services Department shall occur via
email at kfwb(a,fortworthtexas.jzov
H. Vendor is responsible for emptying the contents of waste carts and cleaning the waste carts as
follows:
i. Vendor shall unlock the waste cart and empty the contents of the waste cart into the
collection vehicle.
ii. After emptying the contents of the waste cart(s) into the collection vehicle, the Vendor's
collection vehicle shall lower the waste cart(s) to the ground.
iii. Vendor shall clean all waste cart(s) at the collection site by pressure washer.
iv. Vendor shall inspect each cart for damage during the cleaning process. If Vendor's
employees identify a damaged cart, Vendor shall take photographs of the damage and
notify the City of the damage at kfwb(afortworthtexas._eov. Vendor shall also attach the
photographs of the damaged carts to this email. The City shall be responsible with replacing
the damaged carts. Except for Vendor's gross negligence resulting in damage to waste
cart(s), Vendor shall not be liable for damages to waste cart(s).
v. Vendor shall collect the wastewater created during the waste cart(s) cleaning process.
Vendor shall dump the wastewater from the cleaning process at its facility in accordance
with the Fort Worth City Code.
vi. After cleaning the waste cart(s), Vendor shall return the waste cart(s) to the location where
Vendor's staff found the cart before collection, and re -lock the waste cart.
I. Vendor shall be responsible for ensuring little to no contamination reaches the composting facility.
i. Vendor's staff shall evaluate carts on -site at the designated pick-up location. To evaluate
each cart, Vendor's staff shall sort and visually inspect the top layers of the cart for
contaminants.
ii. If a cart contains fifteen or more pieces of contamination, Vendor's staff shall deem the
cart as contaminated.
iii. Vendor's staff shall photograph the contents of a contaminated cart and email the images
to kfwb@fortworthtexas.gov
iv. Vendor's staff shall take contaminated carts to the nearest trash container to be emptied,
washed, and returned to service as normal.
v. Vendor's staff, in evaluating carts located at a site other than a City of Fort Worth drop off
site, such as a special event, shall follow the same inspection and disposal protocol listed
above.
J. Contaminants include but are not limited to the below list:
i. Metals of any kind
a. Aluminum or tin cans
ii. Foils of any kind
a. Aluminum pans or baking dishes
iii. Plastics of any kind
a. Bottles, wraps, utensils, all dinnerware, bags, plates, gloves, tags (including produce
stickers), etc.
iv. Animal waste
v. Human waste
vi. Common healthcare items
Vendor Services Agreement Page 13 of 101
Cowboy Compost, LLC
a. Dental floss, cotton swabs, diapers, hygiene products, etc.
vii. Grease or oils in any amount
viii. Raw meats
ix. Chewing gum
x. Styrofoam
xi. Microwave popcorn bags
xii. Frozen food packaging
xiii. Paper bags
xiv. Pizza boxes
xv. Any item that is not food waste
K. Vendor shall provide a monthly written report to the City on weight of materials collected per drop-
off site and the number of carts emptied per drop-off site.
L. Vendor shall review the City's education materials for its citizens for accuracy and adherence to
industry best practices and provide written comment back to the City in a timely manner, as needed.
M. The Solid Waste Division shall be responsible for cleaning up food waste spillage not caused by
Vendor, upon Vendor's written notification to the Keep Fort Worth Beautiful team by e-mail.
N. City may request Vendor provide ad hoc food waste collections for special events granted that a
minimum five-day notice is given to Vendor before any such event.
O. City may have representatives at the Locations during designated hours to monitor cart handling
and answer residents' questions.
P. City shall be responsible for providing 64-gallon carts along with accompanying locks and cables,
ensuring the necessary equipment is readily available and secured for efficient and safe usage.
Q. City shall educate residents about the proper disposal of food waste. The City maintains all rights
to and shall promote food waste prevention, donation, and composting. The City shall provide
initial tool kits to residents with welcome materials such as transportable compost containers, facts
and answers, tip sheets and other educational material as it deems appropriate in its sole discretion.
Vendor Services Agreement Page 14 of 101
Cowboy Compost, LLC
EXHIBIT B
LOCATIONS OF FOOD WASTE COLLECTION SITES
Location Address
1 Fort Worth Botanic Garden, 3220 Rock Springs Rd. Fort Worth, TX 76107
2 Foster Park, 4398 Trail Lake Dr. Fort Worth, TX 76109
3 Fairmont Park, W Maddox Ave., Fort Worth, TX 76104
4 Hartwood Park Tennis Courts, 4300-4302 Hartwood Dr. Fort Worth, TX
76109
5 River Park, 3100 Bryant Irvin Road Fort Worth, TX 76109
6 Brennan DOS, 2400 Brennan Avenue, Fort Worth TX 76106
7 Southeast DOS, 5150 Martin Luther King Freeway, Fort Worth, TX 76119
8 Old Hemphill DOS, 6260 Old Hemphill Road, Fort Worth, TX 76134
9 Hillshire DOS, 301 Hillshire Drive, Haslet, TX 76052
10 Environmental Collection Center, 6400 Bridge St, Fort Worth, TX 76112
11 Northwest Library, 6228 Crystal Lake Dr, Fort Worth, TX 76179
12 City Hall, 200 Texas Street, Fort Worth, 76102
13 Chisholm Trail Park, 5141 McPherson Blvd, Fort Worth, TX 76123
14 Walsh Community Garden, 13749 Makers Way, Fort Worth, 76008
15 Golden Triangle Library, 4264 Golden Triangle Boulevard, Fort Worth, TX
76244
16 Ellis Park, 3400 South Riverside Dr, Fort Worth, TX 76119
17 Alliance Park, 3800 Litsey Rd, Fort Worth, TX 76262
18 Ridglea Christian Church, 6720 W Elizabeth Ln, Fort Worth, TX 76116
19 Handley Meadowbrook Community Center, 6201 Beaty St, Fort Worth, TX
76112
20 Hazel Harvey Peace Center for Neighborhoods, 818 Missouri Ave, Fort
Worth, TX 76104
21 Diamond Hill Community Center for Neighborhoods, 1700 NE 371h St, Fort
Worth, TX 76106
Vendor Services Agreement Page 15 of 101
Cowboy Compost, LLC
EXHIBIT C
PAYMENT SCHEDULE
Contamination Fee, per can
EA
1
$50.00
$50.00
Omit
Miles
1
Pick up, per can, Botanic Gardens
EA
1
$ 1s.00
$ 1-0
Pick up, per cart, Foster Park
EA
1
$ 18.00
$ 18.00
Pick up, per cart, Fairmount Park
EA
1
$ 1-0
$ 1-0
Pick up, per can, Hartwood Park Tennis Courts
EA
i
$ 18.00
$ 18.00
Pick up, per cart, River Park
EA
1
$ 1-0
$ 1-0
Pick up, per can, Brennan DOS
EA
1
$ 18.00
$ 18.00
Pick up, per cart, Southeast DOS
EA
1
$ 1-0
$ 1-0
Pick up, per cart, Old Hemphill DOS
EA
1
$ 18.00
$ 18.00
Pick up, per cart, Hillshire DOS
EA
i
$ 18.00
$ 18.00
Pick up, per can, Environmental Collection Center
EA
1
$ 1-0
$ 1-0
Pick up, per cart, Northwest Library
EA
1
$ 18.00
$ 18.00
Pick up, per cart, City Hall
EA
1
$ 18.00
$ 18.00
Pick up, per cart, Chisholm Trail Park
EA
i
$ 18.00
$ 18.00
Pick up, per cart, Walsh Community Garden
EA
1
$ 18.00
$ 18.00
Pick up, per cart, Golden Triangle Library
EA
?
$ 1-0
$ 1-0
Pick up, per cart, Ellis Park
EA
1
$ 18.00
$ 18.00
Pick up, per cart, Alliance Park
EA
1
$ 18.00
$ 18.00
Pick up, pr cart, Ridglea Christian Church
EA
1
$ 18.00
$ 18.00
Pick up, per cart, Handley Meadowbrook Community
EA
1
$ 18.00
$ 18.00
Center
Pick up, per cart, Hazel Harvey Peace Center for
EA
1
$ 18.00
$ 18.00
Neighborhoods
Pick up, per cart, Diamond Hill Community Center for
A
S 1s.00
S 1s.00
Neighborhoods
Pick up, per cart, Special Events
EA
1
$ 30.00
$ 30.00
Vendor Services Agreement Page 16 of 101
Exhibit D
City's RFP No. 24-0118
FORT WORTH, CITY OF FORT WORTH - ENVIRONMENTAL SERVICES
DEPARTMENT
INSTRUCTION TO PROPOSERS
TABLE OF CONTENTS
1.0
BROWSERS.........................................................................................................4
2.0
SUPPORT.............................................................................................................
4
3.0
QUESTIONS........................................................................................................
4
4.0
CLARIFICATIONS AND ISSUANCE OF ADDENDA....................................4
5.0
SCHEDULE OF EVENTS...................................................................................
5
6.0
CLOSE DATE AND TIME..................................................................................
5
7.0
SUPPORTING DOCUMENTATION (PUBLIC FILES) ....................................
5
8.0
SUBMISSION INSTRUCTIONS.. ......................................................................
6
9.0
REQUEST FOR PROPOSAL..............................................................................6
10.0
PROPOSAL..........................................................................................................7
11.0
PROPOSER..........................................................................................................7
12.0
UNAUTHORIZED COMMUNICATIONS.........................................................7
13.0
NON -ENDORSEMENT AND PUBLIC COMMENTS ........
........ - .... ....... ........ . 8
14.0
PRE -PROPOSAL CONFERENCE......................................................................
8
15.0
PREPARATION OF PROPOSALS.....................................................................
8
15.1
Tax Exemption: ....................................................................................................
9
15.2
Proposal Adequacy: .... ....... _ ..... ....... ....... ..... _ ...... .......
....... _ ..... _ ..... _ ....... 9
15.3
Proposal Page Limit: .................. ....... ............. ....... .......
....... ...... _ .............. 9
15.4
Proposal Summary and Company Overview: ................................................
...... 9
15.5
RFP Exemptions: ................................................................................................
10
15.6
ProprietaryInformation: .....................................................................................
10
15.7
Business Equity Division (M/WBE) Documents: ... .......
....... ....... ..... 11
15.8
Alternate Proposals:............................................................................................11
15.9
Proposal Preparation Costs: ................................................................................
11
15.10
Free on Board (FOB) Point: ...............................................................................
11
15.11
Prices: ....... ....... ..................... ..................................
....... ....... ..... 11
16.0
MODIFICATION OR WITHDRAWAL OF PROPOSAL................................12
16.1
Modification of Proposal: ...................................................................................
12
16.2
Withdrawal of Proposal: .....................................................................................
13
17.0
OPENING OF PROPOSAL...............................................................................13
18.0
EVALUATION AND AWARD.. ....... ....... .....................
_ ............ ........... 13
18.1
Evaluation:..........................................................................................................13
18.2
Award: ................................................................................................................
13
18.3
Acceptance of Proposal:.....................................................................................
14
18.4
Reservations: ........................................ ..............................................................
14
18.5
Negotiations: .......................... ....... ..............................................................
15
Page 1 of 22
Vendor Services Agreement Page 17 of 101
Cowboy Compost, LLC
FORT WORTH CITY OF FORT WORTH- ENVIRONMENTAL SERVICES
`J DEPARTMENT
INSTRUCTION TO PROPOSERS
18.6 Period of Acceptance: ......................................................................................... 15
19.0 DOCUMENTS REQUIRED FROM RECOMMENDED PROPOSER....... ..... 15
19.1
Certificates of Insurance: .................................................................................... 15
19.2
Certificate of Interested Parties Farm 1295:.......................................................15
20.0
AGREEMENT TERM.. . ........ ..................................................
.....................16
21.0
UNIT PRICE ADJUSTMENT...........................................................................16
22.0
INVOICE AND PAYMENTS............................................................................17
22.1
Registration.,— . .... ............ .......... .................... .....—............. ......................
-- ...... 17
22.2
Invoice: ...............................................................................................................
17
22.3
Payment: ...... ..................... ................ ..................... ......................
........ 19
23.0
PROTEST PROCEDURE..................................................................................19
24.0
COOPERATIVE PURCHASING......................................................................19
25.0
GENERAL PROVISIONS.................................................................................20
26.0
SUBCONTRACTORS.......................................................................................20
27.0
BEST AND FINAL OFFER...............................................................................20
28.0
ASSIGNMENT...................................................................................................20
29.0
ERRORS OR OMISSIONS................................................................................
21
30.0
TERMINATION.................................................................................................21
31.0
RIGHT OF ASSURANCE.................................................................................21
32.0
CHANGE ORDERS...........................................................................................
21
33.0
VENUE...............................................................................................................22
34.0
CONFLICT OF INTEREST...............................................................................22
35.0
INSURANCE.....................................................................................................22
36.0
CONTRACT CONSTRAINTS AND CONDITIONS.......................................22
37.0
CHANGE IN COMPANY NAME OR OWNERSHIP....... — -
..........................22
Page 2 of 22
Vendor Services Agreement Page 18 of 101
Cowboy Compost, LLC
FORT WORTH CITY OF FORT WORTH- ENVIRONMENTAL SERVICES
DEPARTMENT
INSTRUCTION TO PROPOSERS
1.1
Negotiations.................................................................................................15
1.2
Period of Acceptance—................................................................................15
2.0
DOCUMENTS REQUIRED FROM RECOMMENDED PROPOSER
.....15
2.1
Certificates of Insurance..............................................................................15
2.2
Certificate of Interested Parties Form 1295.................................................15
3.0
AGREEMENT TERM.................................................................................16
4.0
UNIT PRICE ADJUSTMENT....................................................................16
5.0
INVOICE AND PAYMENTS.....................................................................17
5.1
Registration..................................................................................................17
5.2
Invoice.........................................................................................................17
5.3
Payment .. ................... .................. --................ ..... ................ ...... ................
19
6.0
PROTEST PROCEDURE...........................................................................19
7.0
COOPERATIVE PURCHASING...............................................................19
8.0
GENERAL PROVISIONS..........................................................................20
9.0
SUBCONTRACTORS................................................................................20
10.0
BEST AND FINAL OFFER........................................................................20
11.0
ASSIGNMENT.. .... .............. --- .......... .... - .............. - ..............
..... -20
12.0
ERRORS OR OMISSIONS.........................................................................21
13.0
TERMINATION..........................................................................................21
14.0
RIGHT OF ASSURANCE ............—....................................— ... ............
....21
15.0
CHANGE ORDERS....................................................................................
21
16.0
VENUE........................................................................................................22
17.0
CONFLICT OF INTEREST........................................................................22
18.0
INSURANCE..............................................................................................22
19.0
CONTRACT CONSTRAINTS AND CONDITIONS................................22
20.0
CHANGE IN COMPANY NAME OR OWNERSHIP...............................22
Page 3 of 22
Vendor Services Agreement Page 19 of 101
Cowboy Compost, LLC
FORT WORTH CITY OF FORT WORTH— ENVIRONMENTAL SERVICES
DEPARTMENT
INSTRUCTION TO PROPOSERS
1.0 BROWSERS
The Procurement Portal (Bonfire Portal) can be accessed using Microsoft
Edge, Google Chrome, or Mozilla Firefox. Javascript must be enabled.
Browser cookies must be enabled.
2.0 SUPPORT
For technical questions about the Procurement Portal, visit Bonfire's help
forum at httDs://vendorSUDDort.Lobonfire.com/hc/en-us or contact the
Bonfire support team at SupDortkWoBonfire.com or by calling 1-800-354-
8010.
To get started with Bonfire, watch this five-minute training video:
httus://vendorSUDDort.2obonfire.coin/he/en-us/articles/6796500613655-
Vendor-Res4istration-and-Submission- VIDEO-
3.0 QUESTIONS
All questions, explanations, clarifications, or interpretations desired by
Proposers regarding any part of the solicitation must be electronically
submitted to the City of Fort Worth's Bonfire Public Procurement Portal
(Procurement Portal) through the "Vendor Discussion" section under the
respective Project/Request For Proposal (RFP) before the Questions
Due Date and time specified in the Procurement Portal.
4.0 CLARIFICATIONS AND ISSUANCE OF ADDENDA
The Purchasing Division of the City of Fort Worth (City) will post an
Addendum on the Procurement Portal with answers to all questions received
before the deadline before the submission Close Date and Time.
Interpretations, corrections, or changes to the RFP made in any other manner
are not binding upon the City, and Proposers shall not rely upon such
interpretations, corrections, or changes. Oral explanations or instructions
given before the award of the Contract are not binding.
If the City, in its sole discretion, determines that a change or additional
information is needed or a clarification is required, the City shall issue an
Addendum in the Procurement Portal regarding such change, additional
Page 4 of 22
Vendor Services Agreement Page 20 of 101
Cowboy Compost, LLC
FORT WORTH CITY OF FORT WORTH- ENVIRONMENTAL SERVICES
DEPARTMENT
INSTRUCTION TO PROPOSERS
information, or clarification. Sole authority for issuing of Addendum shall
be vested in the City's Purchasing Division. Proposers are advised to
check the Procurement Portal frequently for any Addendum issued.
5.0 SCHEDULE OF EVENTS
Tentative Schedule of events are available in the facing page of Bonfire. The
City reserve the rights to change those dates as and when required. Proposers
are advised to recheck those date frequently.
6.0 CLOSE DATE AND TIME
The deadline date and time for submission(s)/Proposals against a
Project/RFP shall be specified in the Procurement Portal.
Your Proposals must be finalized, uploaded, and submitted on the
Procurement Portal prior to the posted Close Date and Time for the
Project/RFP. The City reserve the rights to change those dates as and when
required. Proposers are advised to recheck those date frequently.
Electronic submission is subject to electronic interface latency, which can
result in transmission delays. All Proposers assume the risk of late
transmission/submission. The City shall not be held liable if an interested
Proposer is unable to submit a complete Proposal before the published
deadline due to transmission delays or any other technical issues or
obstructions. The City strongly recommends allowing sufficient time to
complete the submission process (ideally a week before the deadline) to
begin the uploading process and to finalize your submission to give adequate
time in the event an issue arises.
7.0 SUPPORTING DOCUMENTATION (PUBLIC FILES)
Supporting Documentation (Public Files) attached to the Procurement Portal
are integral part of the Project/RFP. Bidders should download and review all
those documents. Bidders should complete required documents and upload
those to "Required Information" section of the Project in the Procurement
Portal,
Page 5 of 22
Vendor Services Agreement Page 21 of 101
Cowboy Compost, LLC
FORT WORTH CITY OF FORT WORTH- ENVIRONMENTAL SERVICES
DEPARTMENT
INSTRUCTION TO PROPOSERS
8.0 SUBMISSION INSTRUCTIONS
All submissions/Proposal(s) must be submitted electronically prior to the
close date and time under the respective Project/RFP via the Procurement
Portal:
littos://www.fortwortlitexas. vov/deT)artinents/finance/purchasiniz/online-
biddina-platform
Failure to submit all completed required information listed in the respective
RFP will be grounds for rejection of a Proposal as non -responsive. No late
Proposals shall be accepted. Proposals delivered in any other manner than
using the Bonfire Platform (Procurement Portal) will not be accepted or
considered.
If, upon being opened, a submission is unreadable to the degree that material
conformance to the requirements of the procurement specifications cannot
be ascertained, such submission will be rejected without liability to the City,
unless such Proposer provides clear and convincing evidence (a) of the
content of the submission as originally submitted and (b) that the unreadable
condition of the Electronic Proposal was caused solely by error or
malfunction of the Bonfire Platform (Procurement Portal). Failure to scan a
clear or readable copy of a Proposal into the system does not constitute and
shall not be considered an error or malfunction of the Bonfire Platform
(Procurement Portal). Proposers are encouraged to fully review each page of
every document within their submission prior to submitting to ensure all
documents are clear, legible, and complete.
9.0 REQUEST FOR PROPOSAL
A Request for Proposal (RFP) is the publication of the City's intend of
requesting Proposals on the means and methods of how they will provide the
requested goods and/or services to the City. It may also be referred to as a
Project or Solicitation.
The purpose of the RFP is to describe the goods and/or services to be
procured. Proposers are expected to examine all documents that make up the
RFP. Proposers shall promptly notify the City of any omission, ambiguity,
inconsistency, or error that they may discover upon examination of the RFP.
Page 6 of 22
Vendor Services Agreement Page 22 of 101
Cowboy Compost, LLC
FORT WORTH CITY OF FORT WORTH- ENVIRONMENTAL SERVICES
DEPARTMENT
INSTRUCTION TO PROPOSERS
The City assumes no responsibility for any errors or misrepresentations that
result from the use of incomplete RFP,
The evaluation criteria to award a contract from an RFP shall be Best Value.
The award of contract shall be made to the responsible Proposers whose
Proposal is determined to be the most advantageous to the City considering
the relative importance of price and the other evaluation factors included in
the RFP.
10.0 PROPOSAL
An offer/submission by a Proposer for goods and/or service submitted in the
Procurement Portal against the RFP before the submission Close Date and
Time. Proposal may also be referred to as a Bid.
11.0 PROPOSER
An entity (which could be a person or a business) that (1) seeks or has the
potential to do business with the City and serve as a Supplier (also referred
to as Seller, Vendor, Contractor, Consultant, etc.) and (ii) responds to a City
procurement. Proposer may also be referred to as Bidder.
12.0 UNAUTHORIZED COMMUNICATIONS
Cone of Silence: the period of time that begins when a RFP has been
released until the Intent to Award has been published. During this period of
time, Proposers' contact regarding this RFP with employees or officials of
the City other than the Purchasing Staff, the Business Equity Division, or as
otherwise indicated in the RFP is prohibited and may result in
disqualification from this procurement process.
No officer, employee, agent, or representative of the Proposer shall have any
contact or discussion, verbal or written, with any members of the City
Council, City staff, or City's consultants, or directly or indirectly through
others, seek to influence any City Council member, City staff, or City's
consultants regarding any matters pertaining to this RFP, except as herein
provided. Any violation of this prohibition may result in the Proposer being
Page 7 of 22
Vendor Services Agreement Page 23 of 101
Cowboy Compost, LLC
FORT WORTH CITY OF FORT WORTH- ENVIRONMENTAL SERVICES
DEPARTMENT
INSTRUCTION TO PROPOSERS
disqualified from the procurement process. Any oral communications are
considered unofficial and non -binding with regard to this RFP.
Proposers should refrain from making comments regarding a specific
solicitation or its subject matter — in the media or otherwise — until the
selection process is complete. For the selected Proposer, such comments are
also inappropriate until the contractual engagement with the City has ended.
13.0 NON -ENDORSEMENT AND PUBLIC COMMENTS
If a Proposal is accepted, the successful Proposer shall not issue any news
releases or other statements pertaining to the award or servicing of the
agreement that state or imply the City's endorsement of the successful
Proposer's services.
Proposers shall refrain from making comments regarding this RFP or its
subject matter in the media or otherwise until the selection process is
complete. For the selected vendor, such comments are also inappropriate
until the study has concluded and the final report has been issued.
14.0 PRE -PROPOSAL CONFERENCE
If a pre -proposal conference is held, the time, place, and nature of the
conference will be specified on the Procurement Portal section under the
respective RFP. Attendance at pre -proposal conferences is not mandatory
but is highly encouraged.
15.0 PREPARATION OF PROPOSALS
Each Proposer must furnish all information required by a RFP on the
documents provided and/or in the forinat required, unless otherwise stated.
Proposals submitted on different forms or in different formats than required
in the RFP shall be considered non -responsive. Any attempt to alter the
wording in the RFP is ineffective and may result in rejection of the Proposal.
In order to be considered, Proposal must include all the documents and
information requested in this RFP.
Page 8 of 22
Vendor Services Agreement Page 24 of 101
Cowboy Compost, LLC
FORT WORTH CITY OF FORT WORTH— ENVIRONMENTAL SERVICES
DEPARTMENT
INSTRUCTION TO PROPOSERS
15.1 Tax Exemption:
Purchases of Goods or Services for City use are usually exempt from
City, State, and most Federal Taxes. Proposals shall not include
exempted taxes. The successful Proposer should request a Tax
Exemption Certificate from the Purchasing Division. Under no
circumstances shall the City be liable to pay taxes under any Contract
for which the City has an exemption.
15.2 Proposal Adequacy:
Proposals should adequately address all evaluation factors listed on
RFP and include required details and documents that will be used as
part of the evaluation. Proposals should be prepared as simply as
possible and provide a straightforward, concise description of the
Proposer's capabilities to satisfy the requirements of the RFP. Utmost
attention should be given to accuracy, completeness, and clarity of
content. Proposals shall be completed in accordance with the
requirements of this RFP. Statements made by a Proposer shall be
without ambiguity, and with adequate elaboration, where necessary,
for clear understanding. All parts, pages, figures, or tables should be
numbered and clearly labeled. Response .information should be
limited to pertinent information only.
15.3 Proposal Page Limit:
Unless stated otherwise, Proposals shall be limited to a maximum of
twenty-five (25), Letter size (8-1/2" x I F) pages using a font size no
smaller than 12-point Times New Roman or Aria] and margins of at
least one inch in each direction. The required/requested Attachments
and Exhibits and Addendums are not of this page limit.
15.4 Proposal Summary and Company Overview:
Proposal must include the following information, failure to provide all
the information will deem the Proposal non- responsive:
i. Executive Summary - The purpose of the Executive Summary
is to provide a high-level description of the Proposer's ability to
meet the requirements of the RFP. Briefly state your
Page 9 of 22
Vendor Services Agreement Page 25 of 101
Cowboy Compost, LLC
FORT WORTH CITY OF FORT WORTH— ENVIRONMENTAL SERVICES
DEPARTMENT
INSTRUCTION TO PROPOSERS
understanding of the services to be performed and make a
positive commitment to provide the services as specified;
ii. Company History and Ownership - Proposers shall provide a
brief overview of company history and current ownership in
narrative form. if owned by a private equity or investment firm,
please provide the name of the private equity or investment firm
and when the operating entity was acquired. All subcontractors
must be identified, including the role of each subcontractor.
iii. Company Experience - Proposer shall demonstrate they have
the preferred minimum experience and list years of experience
for which the Proposer has provided services similar to the size
of the City. Proposer shall briefly describe in narrative format
the Proposer's experience. The Proposer shall communicate
their company background and history, with a specific focus on
history in Fort Worth, Dallas -Fort Worth Metroplex and Texas.
15.5 RFP Exemptions:
Proposal Exemptions - Any and all exceptions to the RFP must be
listed on an item -by -item basis and cross- referenced. If there are no
exceptions, the Firm must expressly state that no exceptions are taken;
15.6 Proprietary Information:
i. All material submitted to the City becomes public property and
is subject to the Texas Open Records Act upon receipt.
ii. If a Proposer does not desire information that it believes to be
proprietary in the Proposal to be disclosed, the Proposer shall
attach a listing of each page number in a chart as shown below
and must clearly mark and identify each page by including the
word "PROPRIETARY" in all caps and highlighted yellow on
the bottom center of each page at the time of submittal. The
City will, to the extent allowed by law, endeavor to protect such
information from disclosure. The final decision as to the
information that must be disclosed ties with the Texas Attorney
General. Note: Pricing may not be marked proprietary and will
be made publicly available in the form of a bid tab following
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INSTRUCTION TO PROPOSERS
evaluation of all Proposals. By submitting a response,
Proposers agree that pricing is not proprietary and may be
released.
Pages with information Please indicated if only
believed to be Proprietary specific sections on the page
are believed to be Proprietary
I I
I I
In. Failure to identify proprietary information, as required in above
paragraph will result in all unmarked sections being deemed
non-proprietary and available upon public request.
15.7 Business Equity Division (MIWBE) Documents:
If a Business Equity Goal has been established for the RFP, the
applicable documents must be submitted by all Proposers wishing to
continue in the RFP evaluation process within two (2) City business
days after the RFP Close Date, exclusive of the Close Date, to the
Procurement Portal.
15.8 Alternate Proposals:
Proposer may offer an "equal" product as an alternate Proposal. Final
"approved equal" determination remains with the City.
15.9 Proposal Preparation Costs:
All costs associated with preparing a Proposal in response to a RFP
shall be borne by the Proposer.
15.10 Free on Board (FOB) Point:
Freight Terms shalt be FOB Destination, Freight Prepaid and
Allowed. The Proposer should quote its lowest and best price, with
the goods delivered to the place specified, at the Proposer's expense
and risk, and their tender delivery to the City. Proposals offering any
other delivery terms are not acceptable and may be cause for rejection.
15.11 Prices:
Proposals shall be firm -priced offers unless otherwise specified.
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ii. In the event of a discrepancy between milt price and extended
price, the unit price shall govern,
iii. Prices shall be offered in the United States Dollars and cents.
iv. Unit prices shall include all costs associated with the specified
good/service unless specified in the RFP, including but not
limited to handling, delivery, fuel charges, fees and
certifications fees. No additional charges will be accepted or
paid by the city.
V. The quantities listed on the RFP are only estimates based on
previous usage and do not indicate intent to purchase or a
guarantee of future business. The City is obligated to pay for
only those goods or services actually ordered by an authorized
City employee and then received as required and accepted by
the City. Proposers should extend their best price based on the
estimated quantities included in the RFP, but it is understood
that the City may purchase more or less of any item included in
the RFP.
vi. Following the award, additional services of the same general
category that could have been encompassed in the award of the
contract, and that are not already on the contract, may be added
based on the discount price sheet provided with the Proposal so
long as such inclusion does not violate state or local law.
vii. Any services that have been omitted from this RFP that are
clearly necessary or in conformance shall be considered a
requirement although not directly specified or called for in the
RFP.
16.0 MODIFICATION OR WITHDRAWAL OF PROPOSAL
16.1 Modification of Proposal:
Proposal may be modified in the Procurement Portal at any time prior
to the Close Date and Time.
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INSTRUCTION TO PROPOSERS
16.2 Withdrawal of Proposal:
Proposal may be withdrawn in the Procurement Portal at any time
prior to the Close Date and Time. Withdrawn Proposal may be
resubmitted, with or without modifications in the Procurement Portal,
before the Close Date and Time. No Proposal may be withdrawn after
the Close Date and Time without forfeiture of the Proposal/Bid
guarantee, if any, unless there is a material error in the Proposal.
17.0 OPENING OF PROPOSAL
For Projects/RFP that requires a public opening as per state law, the
Purchasing Division representative responsible for opening Proposal(s) will
publicly open and read each Proposer Title (name) aloud in the Fort Worth
City Council Chambers located at 200 Texas, Fort Worth, Texas 76102, at
2:00 PM after Close Date and Time, unless otherwise noted in the RFP.
18.0 EVALUATION AND AWARD
18.1 Evaluation:
Proposers may furnish pricing for all or any portion of the RFP
(unless otherwise specified). However, the City may evaluate and
award the contract for any item or group of items shown on the RFP,
or any combination deemed most advantageous to the City. Proposals
that specify an "all or none" award may be considered if a single
award is advantageous.
18.2 Award:
The method of award is detailed in the respective RFP. The City can
award contracts to the Proposer who offers represents the "best value"
to the City.
The following criteria may be considered to determine the best value
(see section 252.043 of the Texas Local Government Code):
Purchase Price;
ii. Reputation of the Proposer and of the Proposer's goods and/or
services;
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INSTRUCTION TO PROPOSERS
Ill . Quality of the Proposer's goods and/or services;
iv. Extent to which the goods and/or services meet the City's
needs;
V. Proposer's past relationship with the City;
vi. Impact on the ability of the City to comply with laws and rules
relating to contracting with historically underutilized
businesses, including Certified Minority Women -Owned
Businesses, and non-profit organizations employing persons
with disabilities;
vii. Total long-term cost to the City to acquire the Proposer's goods
and/or services; and
viii. Any relevant criteria specifically listed in the RFP.
18.3 Acceptance of Proposal:
Acceptance of a Proposal will be in the form of a Purchase Order or a
contract. Subsequent purchase releases may be issued as appropriate.
The contents of a Proposal shall become a part of the contract. Under
no circumstances will the City be responsible for goods and/or
services provided without a Purchase Order issued through the City's
PeopleSoft system.
18.4 Reservations:
The City expressly reserves the right to:
i. Specify approximate quantities in the RFP;
ii. Extend the RFP Close Date and Time;
iii. Consider and accept alternate Proposals, if specified in the RFP,
when most advantageous to the City;
iv. Waive as an informality, minor deviations from specifications
provided they do not affect competition or result in functionally
unacceptable goods and/or services;
V. Waive any minor informality in any RFP procedure (a minor
informality is one that does not affect the competitiveness of
the Proposers);
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INSTRUCTION TO PROPOSERS
vi. Add additional terms or modify existing tenns in the RFP;
vii. Reject a Proposal because of unbalanced unit prices Proposal;
viii. Reject or cancel any or all Proposal;
ix. Reissue a RFP;
x. Procure any item by other means; and/or
xi. Award to multiple Proposers on a non-exclusive award basis, or
primary and secondary Proposers.
18.5 Negotiations:
The City reserves the right to negotiate all elements that comprise the
successful Proposer's response to ensure that the best possible
consideration be afforded to all concerned.
18.6 Period of Acceptance:
Proposer acknowledges that by submitting the Proposal, Proposer
makes an offer that, if accepted in whole or part by the City,
constitutes a valid and binding contract as to any and all items
accepted in writing by the City. Unless specified otherwise, the period
of acceptance of Proposals is one hundred and eighty (180) calendar
days from the Close Date.
19.0 DOCUMENTS REQUIRED FROM RECOMMENDED PROPOSER
19.1 Certificates of Insurance:
When insurance is required, the Proposer must provide Certificates of
Insurance in the amounts and for the coverages required to the
Purchasing Office within 14 calendar days after notification of award,
or as otherwise required by the Solicitation.
19.2 Certificate of Interested Parties Form 1295:
If the Purchase Agreement must be approved by the City Council
before execution, the successful Proposer is required to complete the
Certificate of Interested Parties Form 1295 and submit the form within
two (2) City business days to the Purchasing contact listed in the
solicitation before the purchase/contract will be presented to the City
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INSTRUCTION TO PROPOSERS
Council. The form may be completed at
https://www.ethics.state.tx.us/whatsnew/elf info_form129
5.htm
20.0 AGREEMENT TERM
Unless specified otherwise, the initial term of the agreement shall be one
year. Upon the expiration of the initial term, the agreement shall renew
automatically under the same terms and conditions for up to four (4) one-
year renewal periods, unless City or Supplier provides the other party with
notice of non -renewal at least 90 days before the expiration of the initial
term or renewal periods. In the event no funds or insufficientfunds are
appropriated by City in any fiscal period for any payments due hereunder,
City will notify supplier/vendor of such occurrence and the contract 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.
21.0 UNIT PRICE ADJUSTMENT
Suppliers/vendors may require that unit prices be adjusted for increases or
decreases in Supplier's cost during the contract period using the following
procedure:
i. The Supplier must submit its price adjustment request, in writing, at
least 30 days before the requested effective period. The Supplier shall
provide written proof of cost increases with the price adjustment
request.
ii. If the City concludes that the rate increase being requested is
exorbitant, the City reserves the right to adjust the rate request, or
reject the rate request in its entirety and allow the contract to expire at
the end of the contract term. If the City elects not to exercise the
renewal option, die Purchasing Division will issue a new solicitation.
iii. Prices shall remain firm for the term of the Agreement and shall
include all associated freight and delivery costs, unless otherwise
specifically stated and agreed to by City.
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INSTRUCTION TO PROPOSERS
iv. Prices offered shall be used for Proposal analysis and for the contract.
In cases of errors in extensions or totals, the unit prices offered will
govern.
V. Upon expiration of the contract term the successful Proposer, agrees
to hold over under the same terms and conditions of the contract for a
reasonable period of time to allow the city to re-solicitate an
agreement, not to exceed ninety (90) days.
vi. The provision of goods and/or services shall not be suspended by the
Supplier except as expressly allowed by the contract's terms and
conditions.
22.0 INVOICE AND PAYMENTS
22.1 Registration:
Successful Proposer are required to register for direct deposit
payments prior to providing goods and/or services using the forms
posted on the City's website at
https://www.fortworthtexas.gov/departments/finance/pur
chasing/register
22.2 Invoice:
The Supplier shall send invoices electronically to the City's
centralized Accounts Payable department invoice email address:
supplierinvoices@fortworthtexas.gov.
This email address is not monitored so please do not send
correspondence to this email address. The sole purpose of the
supplier invoices email address is to receipt and process supplier
invoices.
Please include the following on the subject line of your e-mail:
Supplier name, Invoice number, and PO number, separated by an
underscore (ex: Example, Inc. _123456—FW013-0000001234)
To ensure the system can successfully process your invoice in an
expedient manner, please adhere to the following requirements:
i. All invoices must be either a PDF or TIFF format.
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INSTRUCTION TO PROPOSERS
ii. Image quality must be at least 300 DPI (dots per inch).
iii. Invoices must be sent as an attachment (i.e. no invoice in the
body of the email).
iv. One invoice per attachment (includes PDFs). Multiple
attachments per email is acceptable but each invoice must be a
separate attachment,
V. Please do not send handwritten invoices or invoices that contain
handwritten notes.
vi. Dot matrix invoice format is not accepted.
vii. The invoice must contain the following information:
a. Supplier Name and Address;
b. Remit to Supplier Name and Address, if different;
c. Applicable City Department business unit# (i.e. FW013)
d. Complete City of Fort Worth PO number (i.e. the PO
number must contain all preceding zeros);
e. Invoice number;
f. Invoice date; and
viii. Invoices should be submitted after delivery of the goods and/or
services.
To prevent invoice processing delays, please do not send invoices by
mail and email and please do not send the same invoice more than
once by email to supplierinvoices@fortworthtexas.gov. To check on
the status of an invoice, please contact the City Department ordering
the goods/services or the Central Accounts Payable Department by
email at: ZZ—FIN—AccountsPayable(a)fortworthtexas.gov.
If you are unable to send your invoice as outlined above at this time,
please send your invoice to our centralized Accounts Payable
department instead of directly to the individual city department. This
will allow the city staff to digitize the invoice for faster processing.
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FORT WORTH CITY OF FORT WORTH— ENVIRONMENTAL SERVICES
DEPARTMENT
INSTRUCTION TO PROPOSERS
If electronic invoicing is not possible, you may send your paper
invoice to:
City of Fort Worth
Attn: FMS Central Accounts Payable
200 Texas Street
Fort Worth, Texas, 76102
The City's goal is to receive 100% of invoices electronically so that
all supplier payments are processed efficiently. To achieve this goal,
we need the Contractor's support.
If Contractor has any questions, please contact the Accounts Payable
team at (817) 392-2451 or by email to
ZZ-FIN—Acco untsPayable@fo rtwo rthtexa s. gov.
Contractor shall not include Federal, State of City sates tax in its
invoices. City shall furnish a tax exemption certificate upon Vendor's
request.
22.3 Payment:
All payment terms shall be "Net 30 Days" unless specified in the
Proposal and agreed by the City.
23.0 PROTEST PROCEDURE
Due to the subjective nature of evaluating responses from RFP, a Proposer
who submitted a Proposal may not protest the City's selection of the RFP
award.
24.0 COOPERATIVE PURCHASING
The City has interlocal agreements with many other governmental
entities that provides the ability for other entities to use the City's
contracts, so long as Supplier/vendor agree to extend the same terms,
conditions, and pricing to the other entities. Proposer, shall indicate in
their Proposal whether they agree that to extend the terms, conditions,
specifications, and pricing of its agreement with the City to other
governmental entities.
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INSTRUCTION TO PROPOSERS
ii. If the successful Proposer agrees to extend the resulting contract to
other governmental entities, the following shall apply: Governmental
entities with interlocal agreements with the City shall be eligible, but
not obligated, to purchase material/services under contract(s) awarded
as a result of City solicitations. All purchases by governmental entities
other than the City shall be billed directly to that governmental entity
and paid by that governmental entity. The City shall not be
responsible for another governmental entity's debts. Each
governmental entity shall order its own material/services as needed.
25.0 GENERAL PROVISIONS
The Supplier shall not assign its rights or duties under an award without the
prior written consent of the City. Such consent shall not relieve the assignor
of liability in the event of default by its assignee.
26.0 SUBCONTRACTORS
Proposers may include subcontractors for any part of services offered. City
reserves the right at its sole discretion to accept or reject any proposal that
includes subcontractors. Upon award of a contract, City reserves the right to
pre -approve use of any and all subcontractors.
27.0 BEST AND FINAL OFFER
The City at its sole discretion may elect to have Proposers that submit
proposals deemed most advantageous to the City to prepare a Best and Final
Offer for consideration by the Evaluation Committee. Contract negotiations
will then be based on submitted Best and Final Offers.
28.0 ASSIGNMENT
The Proposers shall not assign its rights or duties under an award without the
prior written consent of the City. Such consent shall not relieve the assignor
of liability in the event of default by its assignee.
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INSTRUCTION TO PROPOSERS
29.0 ERRORS OR OMISSIONS
The Proposer shall not be allowed to take advantage of any errors or
omissions in this RFP. Where errors or omissions appear in this RFP, the
Proposer shall promptly notify the City's Purchasing Division in writing of
such error or omission it discovers. Any significant errors, omissions or
inconsistencies in this RFP are to be reported no later than ten (10) days
before time for the RFP response is to be submitted.
30.0 TERMINATION
i. If this award results in a contract, it shall remain in effect until
contract expires, delivery and acceptance of products and/or
performance of services ordered or terminated by the City or Supplier
with a thirty (30) day written notice prior to cancellation.
ii. In the event of termination, the City reserves the right to award a
contract to next lowest and best Proposer as it deems to be in the best
interest of the City.
iii. Further, the City may cancel this contract without expense to the City
in the event that funds have not been appropriated for expenditures
under this contract. The City will return any delivered but unpaid
goods in normal condition to the Proposer or pay for the goods, at the
City's sole direction.
K3�11■T[l1:�r�TF�.Y.Yf>;7.�►Cfl�l
Whenever the City has reason to question the Proposer's intent to perform,
the City may demand that the Proposer(s) give written assurance of
Proposer's intent to perform. In the event a demand is made, and no
assurance is given within ten (10) calendar days, the City may treat this
failure as an anticipatory repudiation of the contract.
32.0 CHANGE ORDERS
No oral statement of any person shall modify or otherwise change or affect
the terms, conditions or specifications stated in the resulting contract. All
change orders to the contract will be made in writing and signed by both
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FORT WORTH CITY OF FORT WORTH- ENVIRONMENTAL SERVICES
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INSTRUCTION TO PROPOSERS
parties. Change orders must be approved by City Council if dollar amount is
over $50,000.00.
33.0 VENUE
The contract/agreement(s) will be governed and construed according to the
laws of the State of Texas. The contract(s) is performable in Tarrant County,
Texas. Venue shall lie exclusively in Tarrant County, Texas.
34.0 CONFLICT OF INTEREST
No public official shall have interest in this contract, in accordance with
Vernon's Texas Codes Annotated, Local Government Code Title 5,
Subtitled C., Chapter 171.
35.0 INSURANCE
For the duration of a contract resulting from this RFP, Proposer shall carry
insurance in the types and amounts as negotiated in the final contract.
36.0 CONTRACT CONSTRAINTS AND CONDITIONS
All goods and/or services shall be provided in accordance with applicable
requirements and ordinances of the City, laws of the State of Texas, and
applicable federal laws.
The proposed contract has been provided with this RFP. However, all final
terms and conditions will be negotiated with the awarded Proposer.
37.0 CHANGE IN COMPANY NAME OR OWNERSHIP
The successful Proposer (Supplier) shall notify the City's Purchasing
Division, in writing, of a company name, ownership, or address change for
the purpose of maintaining updated City records. The president of the
company 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 do so may adversely impact future invoice payments.
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FORTWORTH. CITY OF FORT WORTH -ENVIRONMENTAL SERVICES DEPARTMENT
CIQ FORM
CONFLICT OF INTEREST QUESTIONNAIRE (CIQ)
Pursuant to Chapter 176 of the Local Government Code, any person or agent of a
person who contracts or seeks to contract for the sale or purchase of property, goods,
or services with a local governmental entity (i.e. City of Fort Worth) must disclose
in the Conflict of Interest Questionnaire Form "CIQ" the person's affiliation or
business relationship that might cause a conflict of interest with the local
governmental entity. Bylaw, the Questionnaire must be filed with the City of Fort
Worth Secretary no later than seven days after the date the person begins contract
discussions or negotiations with the City or submits an application or response to a
request for proposals or bids, correspondence, or another writing related to a
potential agreement with the City. Updated Questionnaires must be filed in
conformance with Chapter 176.
A copy of the Questionnaire Form CIQ is enclosed with the submittal documents.
The form is also available at httDs://www.ethics.state.tx.us/forms/conflict/
If you have any questions about compliance, please consult your own legal counsel.
Compliance is the individual responsibility of each person or agent of a person who
is subject to the filing requirement. An offense under Chapter 176 is a Class C
misdemeanor.
NOTE: If you are not aware of a Conflict of Interest in any business
relationship that you might have with the City, state the Proposer name in # 1,
and use N/A in each of the areas on the form. However, a signature is required
in the 47 box in all cases.
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FORT WORTH. CITY OF FORT WORTH -ENVIRONMENTAL SERVICES DEPARTMENT
r- CIQ FORM
CONFLICT OF INTEREST QUESTIONNAIRE
For vendor doing business with local governmental entity
This questionnaire reflects changes mods to Ilia has by ilia a Both lag., Bsgufv Session.
This questionnaire is being filed in accordance with Cttepher 176. Local Government Code, by a vendor who
has a business relationship as defined by Section 176001il-a) with a local governmental entiry and the
vendor meets requtremeM under Section 176.co6(a).
By law this queshonnwre must be filed with the records adntinistralor of the local gwomrnenal entq nol honer
man the 71h Ixrsiness day afar the data the vendot beooeres aware of tags that require me statement 10 be
filed. See Section 176."a-1). Local Government Code -
A verdo commits an offense ti the vendor krxxwhtgty violates Section 176 006. Local Gvvammam Coda_ An
offense order ttus sermon is a misdemeanor
J Name of vandor who has a baalrreas relationship with local governmental entity
FORM CIO
OFFKX USE ONLY
Otee Re —i
J ❑ Chock fhb box illy. ate filling on update to a previously filed questionnaire. (The law requires that you file an updated
completed quesbonnaire with the appropriate filing authority not later titan the 7th business day after the date on which
you became aware that the originally filed questionnaire was incomplete or inaccurate.)
J Name of local government officer about whom the Information is being disclosed.
Name of Offter
J Describe each employment or other business relationship with the local government officer, at a family member at the
officer. as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local govemment officer
Complete subparts A and B for each employment or business relationship described- Attach additional pages to this Form
CIO as necessary.
A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income,
other than investment income. from the vendors
Yes F-1 No
B. Is the vendor recaiv ing or likely to receive taxable income, other than investment income. from or at the direction
of the local government officer or a family member or the officer AND the taxable income is not racarved Irom the
local governmental entity?
Yes = No
Describe each employment or business relationship that the vendor named in Section l maintains with a corporation or
other business entity with respect to which the local government officer serves as an officer or director, or holds an
ownership interest of one percent or more.
❑ Chock thisbox if the vendor has given the local government officer or a family member of the officer one or more gilts
as described in Section 176.003(a)(2)(B), excluding gifts described in Section 176.003(a-1).
71
bWature or vendor doing business wrtn the governmental entity uaae
Form provickdby Texas Emics Corrxmission wwx.ethics.state.txms
Vendor Services Agreement
Cowboy Compost, LLC
Fiexxd 1111MI
Page 40 of 101
FORT WORTH. CITY OF FORT WORTH -ENVIRONMENTAL SERVICES DEPARTMENT
r- CIQ FORM
CONFLICT OF INTEREST QUESTIONNAIRE
For vendor doing business with local governmental entity
A complete copy of Chapter 176 of the Local Government Code may be found at hffp".awww_statutes legis.state.N-us1
Docs1LG'htrVLG.176.htm. For easy reference, below are some of the sections cited on this form.
Local Government Code i 176.001f1-al: "Business relationship" means a connection between two or more parties
based on commercial activity of one of the parties. The term does not include a connection based on.
(A) a transaction that is s ubject to rate or fee regulation by a lederal, state, or local governmental entity or an
agency of a federal, state, or local governmental entity;
(B) a transaction conducted at a price and subject to terms available to the public; or
(C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and
that is subject to regular examination by, and reporting to, that agency.
Local Government Code 4176.003(a?(21(A`and IB):
(a) A local government officer shall file a conflicts disclosure statement with respect to a vendor if:
(2) thevendoc
(Ai has an employment or other business relationship with the local government officer or a
family member of the officer that results in the officer or family member receiving taxable
income. other than investment income, that exceeds $2,500 during the 12-month period
preceding the date that the officer becomes aware that
(i) a oontract between the local governmental entity and vendor has been executed;
or
(ii) the local governmental entity is considering entering into a contract with the
vendor:
(B) has given to the local government officer or a family member of the officer one or more gins
that have an aggregate value of more than $100 in the 12-month period preceding the date the
officer becomes aware that:
(1) a contract between the local governmental entity and vendor has been executed; or
(ii) the local governmental entity is considering entering into a contractwith the vendor.
Local Government Coda A 176.006(a) and fa-1
(a) Avendor shall file a completed conflict of interest questionnaire it the vendor has a business relationship
with a local governmental entity and:
(1) has an employment or other business relationship with a local government officer of that local
governmental entity, or a family member of the officer. described by Section 176-003(a)(2)(A);
(2) has given a local govemment officer of that local governmental entity, or a family member of the
officer. one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B), excluding any
gift described by Section 176.003(a-1); or
(3) has a family relationshipwith a local government officer of that local governmental entity.
(a-1) The completed conflict of interest questionnaire must be filed with the appropriate recordsatlministralor
not later than the seventh business day anerthe later of:
(1) the date that the vendor:
(A) begins discussions or negotiations to enter into a contract with the local governmental
entity; or
(B) submits to the local governmental entity an application, response to a request for proposals
or bids, correspondence, or another writing related to a potential contract with the local
governmental entity; or
(2) the date the vendor becomes aware:
(A) of an employment or other business relationship with a local government officer, or a
family member of the officer, described by Subsection (a);
(B) that the vendor has given one or more gins described by Subsection (a); or
(C) ofa fam'tty, relationship with a local government officer.
Form prow" by Texas Fthm Comrtlss*n xnr oftcs.stata_ ri_Lis R--d L IM2t
Vendor Services Agreement Page 41 of 101
Cowboy Compost, LLC
FORT WORTH.
CITY OFF ORTWORTH
ENVIRONMENTAL SERVICES DEPARTMENT
ENVIRONMENTAL QUALITY DIV ISION
200 TEXAS
FORT WORTH, TEXAS 76102
REQUEST FOR PROPOSALS(RFP)
FOOD WASTE COMPOST HAULER
RFP: 24 - 0118
Legal Name of Proposer:
D/B/A Name of Proposer
City of Fort Worth Bidder/Supplied ID or Federal ID Number (TIN):
Address
Name of the Authorized Representative:
Titl e
The undersigned, by his/her signature, represents that helshe is submitting a binding Proposal and
is authorized to bind the respondent to fully comply with the solicitation document contained
herein. The Respondent, by submitting and signing below, acknowledges that he/she has received
and read the entire document packet for this RFP and agrees to be bound by the terms therein
The undersigned agrees if the Proposal is accepted, to furnish any and all items and/or services
upon which prices are offered, at the prices) and upon the terms, conditions, and
scope/specifications contained in this RFP.
Signature of the Authorized Representative:
Email:
Vendor Services Agreement
Cowboy Compost, LLC
Phone:
Page 42 of 101
FOR I CITY OF FORT WORTH —ENVIRONMENTAL SERVICES
DEPARTMENT
Cover Sheet and Authorized Signature
Email: Phone:
Name of Contact Person - 1
Title of Contact Person - 1:
Email: Phone:
Name of Contact Person - 2:
Title of Contact Person - 2:
Email: Phone:
Name of Contact Person - 3:
Title of Contact Person - 3:
Email: Phone:
Please answer each question below:
Will the agreement be available for Cooperative Agreement use?
❑Yes ❑ No
Prompt Payment Discount Terms: Percent Days (i.e. 3% Net 15, etc.)
Vendor Services Agreement Page 43 of 101
Cowboy Compost, LLC
FOR I CITY OF FORT WORTH -ENVIRONMENTAL SERVICES
DEPARTMENT
EVALUATION FACTORS AND SCOPE OF SERVICES
EVALUATION FACTORS
For the Proposer's response to be evaluated, the Proposer must provide a complete
Proposal submitted within the stated deadline and per the Proposal requirements.
Proposer shall include in the Proposal documents/details that are required for
evaluating the Proposal including Business Equity Goal documentation, if
applicable, for the RFP.
If the Proposal meets the above requirements, selection will be based on the
qualified Proposer(s) that is determined to be the most advantageous to the City
considering the relative importance of evaluation factors listed below:
Note: A bidder may be disqualified if they do not meet at least 50% of the
evaluation points available (excluding cost).
i. Quality of proposal submitted, existing collection routes in Fort Worth,
established relationships with composting facilities, organic materials/food
scraps accepted, and ability to provide the services/deliverables requested —
up to 35 points available
ii. Pricing — Proposed budget/cost per cart collection — up to 30 points available
iii. Background, qualifications, references, and experience of the hauler — up to
15 points available
iv. Added value, local data, and other resources bringing forth additional
program participation, partners, etc. to compost collected food waste within
the city as a learning and community -building activity — up to 10 points
available
v. Methodology — Detailed service approach — up to 10 points available
REQUEST FOR PROPOSAL
The City of Fort Worth (City) invites participation in the Request for Proposals for
experienced and qualified firms, for services to transport designated disposal carts
containing residential food waste from specified locations throughout the City of
Fort Worth to a composting facility. Food waste is understood here to encompass
both residential food that is discarded, left uneaten, and/or residential food scrap,
i.e., small organic leftovers after the preparation and/or consumption of meals. The
successful firm will secure a service agreement with the City, if an award is made
from this RFP.
Page 1 of 6
Vendor Services Agreement Page 44 of 101
Cowboy Compost, LLC
Folt� I CITY OF FORT WORTH -ENVIRONMENTAL SERVICES
DEPARTMENT
EVALUATION FACTORS AND SCOPE OF SERVICES
1.0 PURPOSE
The City of Fort Worth has implemented Food Waste Drop -Off
Locations for Fort Worth Citizens to drop-off food waste, including
materials that cannot be composted through backyard composting such as
cooked meats and dairy products, into locked carts at designated drop-off
locations. Participating residents pay a one-time subscription fee. The
designated drop-off locations feature locked carts to prevent
contamination, cart overflow, or illegal dumping. This proactive measure
ensures the integrity of the collected food waste and contributes to a
successful food composting process.
1.1 SCOPE OF SERVICES
Haulers/Composters (Contractor(s)) shall possess the knowledge and
experience required to transport such carts containing residential food
waste, and aid in educating the public on program challenges, such as
contamination. The selected Contractor(s) will provide the City with
specific data that will be continually gathered and analyzed to evaluate
the route efficiency of the collection locations, determine appropriate
collection frequency, and refine drop-off sites locations.
ii. The City of Fort Worth intends to contract with one or more qualified
Contractor(s) based upon the qualifications of the respondents and the
type of services they are capable to provide. Additionally, the City of
Fort Worth may require proposers to partner with one another to better
accomplish the requirements of the composting program.
1.2 PROPOSER REQUIREMENTS - Proposer shall:
Provide, in a proficient and professional manner, all the labor, materials,
and equipment necessary to collect residential food waste from the
designated disposal carts at locations specified by the City, as outlined in
EXHIBIT A. Food waste shall be defined as cooked meats, eggs, dairy,
vegetative and fruit food scraps, tea bags, coffee filters, and coffee
grounds.
ii. Be responsible for transporting such waste to a composting facility that
meets all Texas Commission on Environmental Quality (TCEQ)
requirements.
Page 2 of 6
Vendor Services Agreement Page 45 of 101
Cowboy Compost, LLC
FOR I CITY OF FORT WORTH -ENVIRONMENTAL SERVICES
DEPARTMENT
EVALUATION FACTORS AND SCOPE OF SERVICES
Work with the City to strategically locate drop-off locations easily
accessible to residents and, as much as possible, near existing composting
infrastructure. With the input of the selected Contractor(s), the City will
designate at a minimum three (3) locations and up to forty (40) locations
to serve as residential drop-off locations for the Contractor(s) to pick up
the carts filled with food scraps to transport to a composting facility that
meets all Texas Commission on Environmental Quality (TCEQ)
requirements. Twenty -One (21) locations are identified in EXHIBIT A
to serve as residential collection sites for the Contractor to collect food
waste carts and transport such waste to an approved permitted
composting facility for disposal, as the City designates. Following the
award, additional services and locations that could have been
encompassed in the award of this Agreement, and that are not already on
the Agreement, may be added.
iv. Specify within their proposal the type of carts they intend to utilize, if the
Provider is supplying carts. City shall provide the locks for containers or
may utilize locks provided by Contractor(s). Contractor(s) must indicate
in their proposal whether they will provide locks. ContractoT(s) will be
responsible for collecting carts from drop-off locations and delivering
clean carts (or other container deemed equivalent by the city) to the drop-
off locations, or for cleaning the carts on -site, on a collection schedule
agreed upon. Contractor(s) shall provide the unit price for service per cart
(or other container deemed equivalent by the city).
v. Inspect all carts for contamination prior to removing the cart for disposal.
The City will pay for disposal fees of contaminated carts however
Contractor is required to document such contamination with date
stamped digital photographs. Any tipping fee or other costs associated
with this service should be incorporated in the per cart price.
vi. Be required to identify the associated fees for contaminated carts. Price,
per cart, includes all costs, not limited to: cart rental, cart washing,
approved composting facility tip fees or processing costs, cart lock rental
(if applicable), fuel, travel, and/or mileage charges.
vii. Clearly outline the fees associated with long-distance pick-up trips.
Define the long-distance trip charge by specifying the distance in miles.
The proposed pricing should encompass all related costs, including but
not limited to fuel, travel expenses, and mileage.
Page 3 of 6
Vendor Services Agreement Page 46 of 101
Cowboy Compost, LLC
FORT I CITY OF FORT WORTH -ENVIRONMENTAL SERVICES
DEPARTMENT
EVALUATION FACTORS AND SCOPE OF SERVICES
viii. Transport the designated disposal carts to and from the collection site
during normal business hours (Monday — Friday, S am — 5 pm).
ix. Be responsible for delivering clean carts, free from all waste, back to the
Locations.
x. Provide a monthly written report to the City on weight of materials
collected per drop-off site, number of carts emptied per drop-off site,
number of contaminated carts per drop-off site.
xi. Review the City's education materials for its citizens for accuracy and
adherence to industry best practices and provide written comment back to
the City in a timely manner, as needed.
2.0 CITY REQUIREMENTS
I. The City and the Contractor agree that EXHIBIT A may be modified
following award of this agreement.
ii. The clean-up of any food waste spillage effected by others than the
Contractor will be the Solid Waste Services Division's responsibility,
upon Contractor's notification to the City.
iii. City may request the Contractor to provide ad hoc food waste collections
for special events granted that a minimum five-day notice is given to
Contractor prior to any such event.
iv. City may have representatives at the Locations during designated hours
to monitor cart handling and answer residents' questions.
v. City will educate residents about the proper disposal of food waste. The
City maintains all rights to and shall promote food waste prevention,
donation, and composting. The City will provide initial tool kits to
residents with welcome materials such as transportable compost
containers, facts and answers, tip sheets and other educational material as
it deems appropriate in its sole discretion.
vi. City will determine the frequency of collection at each location
depending on received volumes and other factors such as odors and
number of participants. The Haulers)/Composter(s) shall be responsible
for the proper transportation of collected organic materials to composting
facility, or facilities, that meet Texas Commission on Environmental
Page 4 of 6
Vendor Services Agreement Page 47 of 101
Cowboy Compost, LLC
FOR I CITY OF FORT WORTH -ENVIRONMENTAL SERVICES
DEPARTMENT
EVALUATION FACTORS AND SCOPE OF SERVICES
Quality (TCEQ) requirements. Following the award, additional services
of the same general category that could have been encompassed in the
award of this Agreement, and that are not already on the Agreement, may
be added.
EXHIBIT A
LOCATIONS OF FOOD WASTE COLLECTION SITES
Location Address
1 Fort Worth Botanic Garden, 3220 Rock Springs Rd. Fort Worth, TX 76107
2 Foster Park, 4399 Trail Lake Dr. Fort Worth, TX 76109
3 Fairmont Park, W Maddox Ave., Fort Worth, TX 76104
4 Hartwood Park Tennis Courts, 4300-4302 Hartwood Dr. Fort Worth, TX
76109
5 River Park, 3100 Bryant Irvin Road Fort Worth, TX 76109
6 Brennan DOS, 2400 Brennan Avenue, Fort Worth TX 76106
7 Southeast DOS, 5150 Martin Luther King Freeway, Fort Worth, TX 76119
8 Old Hemphill DOS, 6260 Old Hemphill Road, Fort Worth, TX 76134
9 Hillshire DOS, 301 Hillshire Drive, Haslet, TX 76052
10 Environmental Collection Center, 6400 Bridge St, Fort Worth, TX 76112
11 Northwest Library, 6228 Crystal Lake Dr, Fort Worth, TX 76179
12 City Hall, 200 Texas Street, Fort Worth, 76102
13 Chisholm Trail Park, 5141 McPherson Blvd, Fort Worth, TX 76123
14 Walsh Community Garden, 13749 Makers Way, Fort Worth, 76008
15 Golden Triangle Library, 4264 Golden Triangle Boulevard, Fort Worth, TX
76244
16 Ellis Park, 3400 South Riverside Dr, Fort Worth, TX 76119
17 Alliance Park, 3800 Litsey Rd, Fort Worth, TX 76262
18 Ridglea Christian Church, 6720 W Elizabeth Ln, Fort Worth, TX 76116
19 Handley Meadowbrook Community Center, 6201 Beaty St, Fort Worth, TX
76112
Page 5 of 6
Vendor Services Agreement Page 48 of 101
Cowboy Compost, LLC
FOR I CITY OF FORT WORTH -ENVIRONMENTAL SERVICES
DEPARTMENT
EVALUATION FACTORS AND SCOPE OF SERVICES
20 Hazel Harvey Peace Center for Neighborhoods, 818 Missouri Ave, Fort
Worth, TX 76104
21 Diamond Hill Community Center for Neighborhoods, 1700 NE 371h St, Fort
Worth, TX 76106
Page 6 of 6
Vendor Services Agreement Page 49 of 101
Cowboy Compost, LLC
FORT WORTH. CITY OF FORT WORTH -ENVIRONMENTAL SERVICES
DEPARTMENT
i REQUIRED PROPOSAL DOCUMENTS
PROPOSAL DOCUMENTS
All Proposal Documents, including this checklist, must be completed in full
and submitted in the requested order to be considered a responsive submittal.
Oualification Documents Checkmark if Included
1. PROVIDER'S QUALIFICATIONS AND EXPERIENCE
2. ACKNOWLEDGEMENT OF RECEIPT OF ADDENDA El
3. PROJECT REFERENCES El
Remainder of page intentionally left blank
Page l of 4
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Cowboy Compost, LLC
FORT WORTH. CITY OF FORT WORTH -ENVIRONMENTAL SERVICES
DEPARTMENT
i PROVIDER'S QUALIFICATIONS AND EXPERIENCE
1. Provider's Qualifications and Experience
Provider shall include a comprehensive Statement of Proposal. Proposals
shall be limited to a maximum of twenty-five (25), letter size (8-112" x 11").
See Section 15.3 of RFP-01 Instruction to Proposers for full requirements.
Within the Statement of Proposal, the Provider is expected to address the
following key aspects:
i. Company Overview
a. Provide and overview of the company, highlighting the number of
years in business.
b. Specify the business hours for communication and service
availability.
ii. Experience in Transporting Residential Food Waste
a. Describe the provider's experience in performing these services
within the market.
b. Describe the Provider's experience in delivering similar services, with
diverse entities such as local governments, local businesses, and
collaborations within the education sector.
■ Include any samples of education materials, if applicable.
iii. Existing Collection Routes
a. Provide information on existing collection routes within Fort Worth
iv. Relationship with Composting Facilities
a. Briefly describe any established relationships with composting
facilities.
v. Methodology
a. Equipment: provide a list of the equipment, including vehicles,
available to perform these services.
b. Crews: outline the number of crews and the corresponding number of
crew members for each crew.
c. Organic Materials: provide a list of all organic materials and food
scraps accepted by the Provider.
d. Contamination: provide, in detail, the procedures for identifying and
handling contaminated food waste carts.
e. Monthly Report: submit a sample monthly report featuring the weight
of materials collected per drop-off site, the number of carts emptied
per drop-off site, and the count of contaminated carts per drop-off site.
If a comparable report already exists, we are open to accepting it as a
suitable example.
Page 2 of 4
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Cowboy Compost, LLC
FORT WORTH. CITY OF FORT WORTH -ENVIRONMENTAL SERVICES
� DEPARTMENT
i ` ACKNOWLEDGEMENT OF RECEIPT OF ADDENDA
2. Acknowledgement of Receipt of Addenda
Check if applicable 0
The undersigned acknowledges the receipt of the following addendum (a) to the
Request for Proposal, and has attached all addenda following this page. (Add lines
if necessary).
Addendum Number
(date received)
QAddendum Number 2
(date received)
QAddendum Number 3
(date received)
addendum Number 4
(date received)
Check if applicable 0
The undersigned acknowledges the receipt of no addenda to the Request for Proposal.
PROVIDER:
Company Name
Address
City, State, Zip
BY:
(print or type name of signatory)
Page 3 of 4
(signature)
Title (print or type)
Vendor Services Agreement Page 52 of 101
Cowboy Compost, LLC
FORT WORTH. CITY OF FORT WORTH -ENVIRONMENTAL SERVICES
DEPARTMENT
i PROJECT REFERENCES
3. Project References
Proposer shall furnish the following information with their Proposal, for at least
three (3) recent customers to whom subject services were provided that are similar
to the requirements stipulated in this RFP.
1. Company's Name:
Name of Contact:
Title of Contact:
Address:
Phone No. Email:
Type of Services Provided:
2. Company's Name:
Name of Contact:
Title of Contact:
Address:
Phone No. Email:
Type of Services Provided:
3. Company's Name:
Name of Contact:
Title of Contact:
Address:
Phone No. Email:
Type of Services Provided:
Page 4 of 4
Vendor Services Agreement Page 53 of 101
Cowboy Compost, LLC
CITY OF FORT WORTH
STANDARD PURCHASING TERMS AND CONDITIONS
EFFECTIVE DATE: February 1, 2023 REVISION: 00 (Initial) I Page 1 of 18
PREPARED BY: Purchasing Division APPROVED BY: City Attorney
Revisions and Approvals
Revisions
Revision Effective Date
Initial 2-1-2023
R.1 12-20-23
Approvals
Change Reference
Not applicable
Updated Section 33, 43, 44
Position Name
Assistant City Attorney Jessika J. Williams
City Attorney
Signature/Approval Date
1 /3/2024
Vendor Services Agreement Page 54 of 101
Cowboy Compost, LLC
CITY OF FORT WORTH
STANDARD PURCHASING TERMS AND CONDITIONS
EFFECTIVE DATE: February 1, 2023 REVISION: 00 (Initial) I Page 2 of 18
PREPARED BY: Purchasing Division APPROVED BY: City Attorney
Contents
Revisions and Approvals.........................................................................................................1
1.0
DEFINITION OF BUYER..................................................................................................4
2.0
DEFINITION OF SELLER.................................................................................................4
3.0
PUBLIC INFORMATION...................................................................................................4
4.0
PROHIBITION AGAINST PERSONAL INTEREST IN CONTRACTS .......................4
5.0
ORDERS.............................................................................................................................4
6.0
SELLER TO PACKAGE GOODS....................................................................................5
7.0
SHIPMENT UNDER RESERVATION PROHIBITED...................................................5
3.0
TITLE AND RISK OF LOSS.............................................................................................5
9.0
DELIVERY TERMS AND TRANSPORTATION CHARGES........................................5
10.0
PLACE OF DELIVERY......................................................................................................5
11.0
RIGHT OF INSPECTION..................................................................................................5
12.0
INVOICES...........................................................................................................................5
13-0
PRICE WARRANTY .....................................................................................................
..6
14.0
PRODUCT WARRANTY...................................................................................................6
15.0
SAFETY WARRANTY.......................................................................................................7
16.0
SOFTWARE LICENSE TO SELLER...............................................................................7
17.0
WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY .........
7
18.0
OWNERSHIP OF WORK PRODUCT.............................................................................9
19.0
NETWORKACCESS.........................................................................................................9
20.0
CANCELLATION................................................................................................................9
21.0
TERMINATION...................................................................................................................9
22.0
ASSIGNMENT/DELEGATION.......................................................................................9
23-0
WAIVER-- -- -- -- -- -- -- -- -- -- -- --------- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- --------------------------------10
24.0
MODIFICATIONS.............................................................................................................10
Vendor Services Agreement Page 55 of 101
Cowboy Compost, LLC
CITY OF FORT WORTH
STANDARD PURCHASING TERMS AND CONDITIONS
EFFECTIVE DATE: February 1, 2023 REVISION: 00 (Initial) I Page 3 of 18
PREPARED BY: Purchasing Division APPROVED BY: City Attorney
25.0
THE AGREEMENT..........................................................................................................10
26.0
APPLICABLE LAW / VENUE.........................................................................................to
27.0
INDEPENDENT CONTRACTOR(S).............................................................................11
28.0
LIABILITY AND INDEMNIFICATION............................................................................11
29.0
SEVERABILITY................................................................................................................11
30.0
FISCAL FUNDING LIMITATION....................................................................................11
31.0
NOTICES TO PARTIES..................................................................................................12
32.0
NON-DISCRIMINATION.................................................................................................12
33.0
IMMIGRATION NATIONALITY ACT.............................................................................12
34.0
HEALTH, SAFETY, AND ENVIRONMENTAL REQUIREMENTS ............................12
35.0
RIGHT TO AUDIT............................................................................................................12
36-0
DISABILITY -- -- -- -- -- -- -- -- --------------- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- --------------------------13
37-0
DISPUTE RESOLUTION --- -- -- - - -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -----------------------------------13
38.0
RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT ....13
39.0
CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT.... ........
14
40.0
DEBARMENT AND SUSPENSION...............................................................................14
41.0
BYRD ANTI -LOBBYING AMENDMENT (31 U.S.C. 1352).......................................14
42.0
NO BOYCOTT OF ISRAEL............................................................................................14
43.0
PROHIBITION ON BOYCOTTING ENERGY COMPANIES.....................................14
44.0
PROHIBITION ON DISCRIMINATION AGAINST FIREARM AND AMMUNITION
INDUSTRIES...................................................................................................................15
45.0
CHANGE IN COMPANY NAME OR OWNERSHIP...................................................15
46.0
LAWS, REGULATIONS, AND ORDINANCES............................................................15
47.0
INSURANCE REQUIREMENTS..................................................................................16
48.0
ADDITIONAL INSURANCE REQUIREMENTS...... ........... ........ ........
...................... 17
Vendor Services Agreement Page 56 of 101
Cowboy Compost, LLC
CITY OF FORT WORTH
STANDARD PURCHASING TERMS AND CONDITIONS
EFFECTIVE DATE: February 1, 2023
PREPARED BY: Purchasing Division
1.0 DEFINITION OF BUYER
REVISION: 00 (Initial) I Page 4 of 18
APPROVED BY: City Attorney
The City of Fort Worth, its officers, agents, servants, authorized employees, vendors and
sub -vendors who act on behalf of various City departments, bodies or agencies.
2.0 DEFINITION OF SELLER
The consultant, contractor, supplier, or other providers of goods and/or services, its
officers, agents, servants, employees, vendors and sub -vendors who act on behalf of the
entity under a contract with the City of Fort Worth.
3.0 PUBLIC INFORMATION
Any information submitted to the City of Fort Worth (the "City") may be requested by a
member of the public under the Texas Public Information Act. See TEX. GOV'T CODE
ANN. §§ 552.002, 552.128(c) (West Supp. 2006). Seller must clearly mark each page it
believes includes proprietary information by writing "PROPRIETARY" in bolded, yellow
highlighted, 16-point font at the bottom of each page. Any pages that do not contain the
required notification shall be deemed public and Seller agrees to its release to the public.
If the City receives a request for a Seller's proprietary information, as indicated by
following the instructions above, the Seller listed in the request will be notified and
given an opportunity to make arguments to the Texas Attorney General's Office (the
"AG") regarding reasons the Seller believes that its information may not lawfully be
released. If Seller does not make arguments or the AG rejects the arguments Seller
makes, Seller's information will be released without penalty to the City.
4.0 PROHIBITION AGAINST PERSONAL INTEREST IN CONTRACTS
No officer or employee of Buyer shall have a financial interest, direct or indirect, in any
contract with Buyer or be financially interested, directly or indirectly, in the sale to
Buyer of any land, materials, supplies or services, except on behalf of Buyer as an officer
or employee. Any willful violation of this section shall constitute malfeasance in office,
and any officer or employee found guilty thereof shall thereby forfeit his office or
position. Any violation of this section with the knowledge, expressed or implied, of the
person or corporation contracting with the City Council shall render the contract invalid
by the City Manager or the City Council. (Chapter XXVII, Section 16, City of Fort
Worth Charter).
5.0 ORDERS
5.1 No employees of the Buyer or its officers, agents, servants, vendors or sub -
vendors who act on behalf of various City departments, bodies or agencies
are authorized to place orders for goods andlor services without providing
approved contract numbers, purchase order numbers, or release numbers
issued by the Buyer. The only exceptions are Purchasing Card orders and
emergencies pursuant to Texas Local Government Code Section 252.022(a)(1),
(2), or (3). In the case of emergencies, the Buyer's Purchasing Division will
place such orders.
5.2 Acceptance of an order and delivery on the part of the Seller without an approved
contract number, purchase order number, or release number issued by the
Buyer may result in rejection of delivery, return of goods at the Seller's cost
Vendor Services Agreement Page 57 of 101
Cowboy Compost, LLC
CITY OF FORT WORTH
STANDARD PURCHASING TERMS AND CONDITIONS
EFFECTIVE DATE: February 1, 2023
PREPARED BY: Purchasing Division
and/or non-payment.
6.0 SELLER TO PACKAGE GOODS
REVISION: 00 (Initial) I Page 5 of 18
APPROVED BY: City Attorney
Seller will package goods in accordance with good commercial practice. Each shipping
container, shall be clearly and permanently marked as follows: (a) Seller's name and
address: (b) Consignee's name, address and purchase order or purchase change order
number; (c) Container number and total number of containers, e.g., box 1 of 4 boxes;
and (d) Number of the container bearing the packing slip. Seller shall bear the cost of
packaging unless otherwise provided. Goods shall be suitably packed to secure lowest
transportation costs and to conform to requirements of common carriers and any
applicable specifications. Buyer's count or weight shall be final and conclusive on
shipments not accompanied by packing lists,
7.0 SHIPMENT UNDER RESERVATION PROHIBITED
Seller is not authorized to ship the goods under reservation, and no tender of a bill of
lading will operate as a tender of goods.
8.0 TITLE AND RISK OF LOSS
The title and risk of loss of the goods shall not pass to Buyer until Buyer actually
receives and takes possession of the goods at the point or points of delivery after
inspection and acceptance of the goods.
9.0 DELIVERY TERMS AND TRANSPORTATION CHARGES
9.1 Freight terms shall be F.O.B. Destination, Freight Prepaid and Allowed, unless
delivery terms are specified otherwise in Seller's proposal and the City has
expressly accepted the Seller's delivery terms in writing. Buyer agrees to
reimburse Seller for transportation costs in the amount specified in Seller's
proposals or actual costs, whichever is lower, if the quoted delivery terms do not
include transportation costs; provided, Buyer shall have the right to designate
what method of transportation shall be used to ship the goods.
9.2 Unit prices shall include all costs associated with the specified work, including but
not limited to handling, freight, delivery, fuel charges, fees and certifications fees.
No additional charges will be accepted or paid by Buyer.
10.0 PLACE OF DELIVERY
The title and risk of loss of the goods shall not pass to Buyer until Buyer actually
receives and takes possession of the goods at the point or points of delivery after
inspection and acceptance of the goods.
11.0 RIGHT OF INSPECTION
Buyer shall have the right to inspect the goods upon delivery before accepting them.
Seller shall be responsible for all charges for the return to Seller of any goods rejected
as being nonconforming under the specifications.
ilIkiVia] lei *y
12.1 Seller shall submit separate invoices in duplicate, on each purchase order or
purchase change order after each delivery. Invoices shall indicate the purchase
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Cowboy Compost, LLC
CITY OF FORT WORTH
STANDARD PURCHASING TERMS AND CONDITIONS
EFFECTIVE DATE: February 1, 2023 REVISION: 00 (Initial) I Page 6 of 18
PREPARED BY: Purchasing Division APPROVED BY: City Attorney
order or purchase change order number. Invoices shall be itemized and
transportation charges, if any, shall be listed separately. A copy of the bill of
lading and the freight waybill, when applicable, must be attached to the invoice.
Seller shall mail or deliver invoices to Buyer's Department and address as set
forth in the block of the purchase order, purchase change order or release
order entitled "Ship to." Payment shall not be made until the above
instruments have been submitted after delivery and acceptance of the goods
and/or services.
12.2 Seller shall not include Federal Excise, State or City Sales Tax in its invoices.
Buyer shall furnish a tax exemption certificate upon Seller's request.
13.0 PRICE WARRANTY
13.1 The price to be paid by Buyer shall be that contained in Seller's proposals which
Seller warrants to be no higher than the lesser of either (i) the Seller's current
rates on valid cooperative agreements for products and services of the kind and
specification covered by this agreement or (ii) Seller's current prices on orders
by others for products and services of the kind and specification covered by
this agreement for similar quantities under like conditions and methods of
purchase. In the event Seller breaches this warranty, the prices of the items
shall be reduced to the prices contained in Seller's proposals, or in the
alternative upon Buyers option, Buyer shall have the right to cancel this contract
without any liability to Seller for breach or for Seller's actual expense. Such
remedies are in addition to and not in lieu of any other remedies which Buyer
may have in law or equity.
13.2 Seller warrants that no person or selling agency has been employed or retained
to solicit or secure this contract upon an agreement or understanding for
commission, percentage, brokerage or contingent fee, excepting employees of
an established commercial or selling agency that is maintained by Seller for the
purpose of securing business. For breach or violation of this warranty, Buyer shall
have the right, in addition to any other right or rights arising pursuant to said
purchase(s), to cancel this contract without liability and to deduct from the
contract price such commission percentage, brokerage or contingent fee, or
otherwise to recover the full amount thereof.
14.0 PRODUCT WARRANTY
14.1 Seller shall not limit or exclude any express or implied warranties, and any
attempt to do so shall render this contract voidable at the option of Buyer. Seller
warrants that the goods furnished will conform to Buyer's specifications, drawings
and descriptions listed in the proposal invitation, and the sample(s) furnished by
Seller, if any. In the event of a conflict between Buyer's specifications, drawings,
and descriptions, Buyer's specifications shall govern.
14.2 In addition to any other warranties in this contract, the Seller warrantsthat all work
and products supplied under this agreement conform to the agreement
requirements and are free from any defect in workmanship, equipment, material,
or design furnished by the Seller or any supplier at any tier.
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Cowboy Compost, LLC
CITY OF FORT WORTH
STANDARD PURCHASING TERMS AND CONDITIONS
EFFECTIVE DATE: February 1, 2023 REVISION: 00 (Initial) I Page 7 of 18
PREPARED BY: Purchasing Division APPROVED BY: City Attorney
14.3 Seller agrees to repair or replace promptly, on a one -for -one basis without
additional cost to Buyer, any and all defective work and products. Buyer defines
"prompt" repair or replacement to be within twenty-four (24) hours after
notification by Buyer's authorized personnel.
14.4 This warranty shall continue at least for a period of 90 days from the date of
acceptance of products and work by Buyer.
14.5 Seller shall remedy at the Seller's expense any non -conforming or defective
products or work. In addition, the Seller shall remedy at Seller's expense any
damage to real or personal property owned by Buyer, when that damage is the
result of a defect of products furnished.
14.6 Seller's warranty with respect to products repaired or replaced will run for 90 days
from date of installation and acceptance of such by Buyer.
14.7 Buyer shall notify the Seller, within a reasonable time after the discovery of any
failure, defect, or damage.
14.8 If the Seller fails to remedy any failure, defect, or damage within a reasonable
time after receipt of notice, Buyer shall have the right to replace, repair, or
otherwise remedy the failure, defect, or damage at the Seller's expense.
14.9 This warranty shall not include failures attributable to accident, fire, or negligence
on the part of Buyer's personnel.
15.0 SAFETY WARRANTY
Seller warrants that the product sold to Buyershall conform to the standards promulgated
by the U.S. Department of Labor under the Occupational Safety and Health Act (OSHA)
of 1970, as amended. In the event the product does not conform to OSHA standards,
Buyer may return the product for correction or replacement at Seller's expense. In the
event Seller fails to make appropriate correction within a reasonable time, any correction
made by Buyer will be at Seller's expense. Where no correction is or can be made, Seller
shall refund all monies received for such goods within thirty (30) days after request is
made by Buyer in writing and received by Seller. Notice is considered to have been
received upon hand delivery, or otherwise in accordance with Section 31.0 of these terms
and conditions. Failure to make such refund shall constitute breach and cause this
contract to terminate immediately.
16.0 SOFTWARE LICENSE TO SELLER
If this purchase is for the license of software products and/or services, and unless
otherwise agreed, Seller hereby grants to Buyer a perpetual, irrevocable, non-exclusive,
nontransferable, royalty free license to use the software. This software is "proprietary" to
Seller, and is licensed and provided to the Buyer for its sole use for purposes under
this agreement and any attached work orders or invoices. The Buyer may not use or
share this software without permission of the Seller; however Buyer may make copies
of the software expressly for backup purposes.
17.0 WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY
17.1 The SELLER warrants that all Deliverables, or any part thereof, furnished
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CITY OF FORT WORTH
STANDARD PURCHASING TERMS AND CONDITIONS
EFFECTIVE DATE: February 1, 2023 REVISION: 00 (Initial) I Page 8 of 18
PREPARED BY: Purchasing Division APPROVED BY: City Attorney
hereunder, including but not limited to: programs, documentation,
software, analyses, applications, methods, ways, and processes (in this
Section each individually referred to as a "Deliverable" and collectively as
the "Deliverables,")do not infringe upon or violate any patent, copyrights,
trademarks, service marks, trade secrets, or any intellectual property
rights or other third party proprietary rights, in the performance of services
under this Agreement.
17.2 SELLER shall be liable and responsible for any and all claims made against
the Buyer for infringement of any patent, copyright, trademark, service
mark, trade secret, or other intellectual property rights by the use of or
supplying of any Deliverable(s) in the course of performance or completion
of, or in any way connected with providing the services, or the Buyer's
continued use of the Deliverable(s) hereunder.
17.3 SELLER agrees to indemnify, defend, settle, or pay, at its own cost and
expense, including the payment of attorney's fees, any claim or action
against the Buyer for infringement of any patent, copyright, trade mark,
service mark, trade secret, or other intellectual property right arising from
Buyer's use of the Deliverable(s), or any part thereof, in accordance with
this Agreement, it being understood that this agreement to indemnify,
defend, settle or pay shall not apply if the Buyer modifies or misuses the
Deliverable(s). So long as SELLER bears the cost and expense of payment
for claims or actions against the Buyer pursuant to this section 8,
SELLER shall 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, Buyer shall have the right
to fully participate in any and all such settlement, negotiations, or lawsuit
as necessary to protect the Buyer's interest, and Buyer agrees to
cooperate with SELLER in doing so. In the event Buyer, for whatever
reason, assumes the responsibility for payment of costs and expenses for
any claim or action brought against the Buyer for infringement arising
under this Agreement, the Buyer shall 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,
SELLER shall fully participate and cooperate with the Buyer in defense
of such claim or action. Buyer agrees to give SELLER timely written
notice of any such claim or action, with copies of all papers Buyer may
receive relating thereto. Notwithstanding the foregoing, the Buyer's
assumption of payment of costs or expenses shall not eliminate SELLER's
duty to indemnify the Buyer under this Agreement. If the Deliverable(s), 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, SELLER shall, at its own expense and at
Buyer's election, either: (a) procure for Buyer the right to continue to use
the Deliverable(s); or (b) modify the Deliverable(s) to make themlit non -
infringing, provided that such modification does not materially adversely
affect Buyer's authorized use of the Deliverable(s); or (c) replace the
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Cowboy Compost, LLC
CITY OF FORT WORTH
STANDARD PURCHASING TERMS AND CONDITIONS
EFFECTIVE DATE: February 1, 2023 REVISION: 00 (Initial) I Page 9 of 18
PREPARED BY: Purchasing Division APPROVED BY: City Attorney
Deliverable(s) with equally suitable, compatible, and functionally
equivalent non -infringing Deliverable(s) at no additional charge to Buyer;
or (d) if none of the foregoing alternatives is reasonably available to
SELLER, terminate this Agreement, and refund all amounts paid to
SELLER by the Buyer, subsequent to which termination Buyer may seek
any and all remedies available to Buyer under law.
18.0 OWNERSHIP OF WORK PRODUCT
Seller agrees that any and all analyses, evaluations, reports, memoranda, letters, ideas,
processes, methods, programs, and manuals that were developed, prepared, conceived,
made or suggested by the Seller for the Buyer pursuant to a Work Order, including all
such developments as are originated or conceived during the term of the agreement and
that are completed or reduced to writing thereafter (the "Work Product") and Seller
acknowledges that such Work Product may be considered "work(s) made for hire" and
will be and remain the exclusive property of the Buyer. To the extent that the Work
Product, under applicable law, may not be considered work(s) made for hire, Seller
hereby agrees that this agreement effectively transfers, grants, conveys, and assigns
exclusively to Buyer, all rights, title and ownership interests, including copyright, which
Seller may have in any Work Product or any tangible media embodying such Work
Product, without the necessity of any further consideration, and Buyer shall be entitled to
obtain and hold in its own name, all Intellectual Property rights in and to the Work Product.
Seller for itself and on behalf of its vendors hereby waives any property interest in such
Work Product.
19.0 NETWORK ACCESS
The Buyer owns and operates a computing environment and network (collectively the
"Network"). If Seller requires access, whether onsite or remote, to the Buyer's network to
provide services hereunder, and the Seller is required to utilize the Internet, Intranet,
email, Buyer database, or other network application, Seller shall separately execute the
Buyer's Network Access Agreement prior to providing such services. A copy of the
Buyer's standard Network Access Agreement can be provided upon request.
20.0 CANCELLATION
Buyer shall have the right to cancel this agreement immediately for default on all or any
part of the undelivered portion of this order if Seller breaches any of the terms hereof,
including warranties of Seller. Such right of cancellation is in addition to and not in lieu of
any other remedies, which Buyer may have in law or equity_
21.0 TERMINATION
The performance of work or purchase of goods under this order may be terminated in
whole or in part by Buyer, with or without cause, at any time upon the delivery to Seller
of a written "Notice of Termination" specifying the extent to which performance of work
or the goods to be purchased under the order is terminated and the date upon which
such termination becomes effective. Such right of termination is in addition to and not in
lieu of any other termination rights of Buyer as set forth herein.
22.0 ASSIGNMENT/DELEGATION
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Cowboy Compost, LLC
CITY OF FORT WORTH
STANDARD PURCHASING TERMS AND CONDITIONS
EFFECTIVE DATE: February 1, 2023 REVISION: 00 (Initial) I Page 10 of 18
PREPARED BY: Purchasing Division APPROVED BY: City Attorney
No interest, obligation or right of Seller, including the right to receive payment, under this
agreement shall be assigned or delegated to another entity without the express written
consent of Buyer. Any attempted assignment or delegation of Seller shall be wholly void
and totally ineffective for all purposes unless made in conformity with this paragraph.
Prior to Buyer giving its consent, Seller agrees that Seller shall provide, at no additional
cost to Buyer, all documents, as determined by Buyer, that are reasonable and necessary
to verify Seller's legal status and transfer of rights, interests, or obligations to another
entity. The documents that may be requested include, but are not limited to, Articles of
Incorporation and related amendments, Certificate of Merger, IRS Form W-9 to verify tax
identification number, etc. Buyer reserves the right to withhold all payments to any entity
other than Seller, if Seller is not in compliance with this provision. If Seller fails to provide
necessary information in accordance with this section, Buyer shall not be liable for any
penalties, fees or interest resulting therefrom.
23.0 WAIVER
No claim or right arising out of a breach of this agreement can be discharged in whole or
in part by a waiver or renunciation of the claim or right unless the waiver or renunciation
is supported by consideration in writing and is signed by the aggrieved party.
24.0 MODIFICATIONS
This agreement can be modified or rescinded only by a written agreement signed by
both parties.
25.0 THE AGREEMENT
In the absence of an otherwise negotiated contract, or unless stated otherwise, the
Agreement between Buyer and Seller shall consist of these Standard Terms and
Conditions together with any applicable proposal documents published by the Buyer and
Seller's Response to such proposal (the "contract documents"). This Agreement is
intended by the parties as a final expression of their agreement and is intended also as
a complete and exclusive statement of the terms of their agreement. No course of prior
dealings between the parties and no usage of trade shall be relevant to supplement or
explain any term used in this Agreement. Acceptance of or acquiescence in a course of
performance underthis Agreement shall not be relevant to determine the meaning of this
Agreement even though the accepting or acquiescing party has knowledge of the
performance and opportunity for objection. Whenever a term defined by the Uniform
Commercial Code (UCC) is used in this Agreement, the definition contained in the UCC
shall control. In the event of a conflict between the contract documents, the order of
precedence shall be these Standard Terms and Conditions, the Buyer's published
proposal documents and the Seller's response. If Buyer and Seller have otherwise
negotiated a contract, this Agreement shall not apply.
26.0 APPLICABLE LAW 1 VENUE
This agreement shall be governed by the Uniform Commercial Code wherever the term
"Uniform Commercial Code" or "UCC" is used. It shall be construed as meaning the
Uniform Commercial Code as adopted and amended in the State of Texas. Both parties
agree that venue for any litigation arising from this agreement shall be in Fort Worth,
Tarrant County, Texas.
Vendor Services Agreement Page 63 of 101
Cowboy Compost, LLC
CITY OF FORT WORTH
STANDARD PURCHASING TERMS AND CONDITIONS
EFFECTIVE DATE: February 1, 2023
PREPARED BY: Purchasing Division
27.0 INDEPENDENT CONTRACTOR(S)
REVISION: 00 (Initial) I Page 11 of 18
APPROVED BY: City Attorney
Seller shall operate hereunder as an independent contractor(s) and not as an officer,
agent, servant or employee of Buyer. Seller shall have exclusive control of, and the
exclusive right to control, the details of its operations hereunder, and all persons
performing same, and shall be solely responsible for the acts and omissions of its officers,
agents, employees, vendors and sub -vendors. The doctrine of respondeat superior shall
not apply as between Buyer and Seller, its officers, agents, employees, vendors and sub -
vendors. Nothing herein shall be construed as creating a partnership or joint enterprise
between Buyer and Seller, its officers, agents, employees, vendors and sub -vendors.
28.0 LIABILITY AND INDEMNIFICATION
28.1 LIABILITY - SELLER SHALL BE LIABLE AND RESPONSIBLE FOR ANY AND
ALL PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY,
INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR
CHARACTER, WHETHER REAL OR ASSERTED, TO THE EXTENT CAUSED
BY THE NEGLIGENT ACT(S) OR OMISSION(S), MALFEASANCE OR
INTENTIONAL MISCONDUCT OF SELLER, ITS OFFICERS, AGENTS,
SERVANTS OR EMPLOYEES.
28.2 INDEMNIFICATION - SELLER HEREBY COVENANTS AND AGREES TO
INDEMNIFY, HOLD HARMLESS AND DEFEND THE BUYER (ALSO
REFERRED TO AS BUYER), ITS OFFICERS, AGENTS, SERVANTS AND
EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR LAWSUITS
OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, FOR
EITHER PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE
OR LOSS TO SELLER'S BUSINESS, AND ANY RESULTING LOST PROFITS)
PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, AND
DAMAGES FOR CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT,
ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, TO THE
EXTENT CAUSED BY THE ACTS OR OMISSIONS OF SELLER, ITS
OFFICERS, AGENTS, SUBCONTRACTOR(S)S, SERVANTS OR EMPLOYEES.
29.0 SEVERABILITY
In case any one or more of the provisions contained in this agreement shall for any
reason, be held to be invalid, illegal or unenforceable in any respect, such invalidity,
illegality or unenforceability shall not affect any other provision of this agreement, which
agreement shall be construed as if such invalid, illegal or unenforceable provision had
never been contained herein.
30.0 FISCAL FUNDING LIMITATION
In the event no funds or insufficient funds are appropriated and budgeted in any fiscal
period for payments due under this agreement, then Buyer will immediately notify Seller
of such occurrence, and this agreement shall be terminated on the last day of the fiscal
period for which funds have been appropriated without penalty or expense to Buyer of any
kind whatsoever, except to the portions of annual payments herein agreed upon for which
funds shall have been appropriated and budgeted or are otherwise available.
Vendor Services Agreement Page 64 of 101
Cowboy Compost, LLC
CITY OF FORT WORTH
STANDARD PURCHASING TERMS AND CONDITIONS
EFFECTIVE DATE: February 1, 2023
PREPARED BY: Purchasing Division
31.0 NOTICES TO PARTIES
REVISION: 00 (Initial) I Page 12 of 18
APPROVED BY: City Attorney
Notices addressed to Buyer pursuant to the provisions hereof shall be conclusively
determined to have been delivered three (3) business days following the day such notice
is deposited in the United States mail, in a sealed envelope with sufficient postage
attached, addressed to Purchasing Manager, City of Fort Worth, Purchasing Division, 200
Texas Street, Fort Worth, Texas 76102. Notices to Seller shall be conclusively determined
to have been delivered three (3) business days following the day such notice is deposited
in the United States mail, in a sealed envelope with sufficient postage attached, addressed
to the address given by Seller in its response to Buyer's invitation to proposals. Or if sent
via express courier or hand delivery, notice is considered received upon delivery.
32.0 NON-DISCRIMINATION
This agreement is made and entered into with reference specifically to Chapter 17, Article
III, Division 3 ("Employment Practices"), of the City Code of the City of Fort Worth (1986),
as amended, and Seller hereby covenants and agrees that Seller, its employees, officers,
agents, vendors or sub -vendors, have fully complied with all provisions of same and that
no employee, participant, applicant, contractor(s)or sub-contractor(s)has been
discriminated against according to the terms of such Ordinance by Seller, its employees,
officers, agents, contractor(s)or sub -vendors herein.
33.0 IMMIGRATION NATIONALITY ACT
Buyer must verify the identity and employment eligibility of its employees who perform
work under this Agreement, including completing the Employment Eligibility Verification
Form (1-9). Upon request by Buyer, Buyer will provide Buyer with copies of all 1-9 forms
and supporting eligibility documentation for each employee who performs work under this
Agreement. Buyer 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 Buyer
employee who is not legally eligible to perform such services. BUYER WILL INDEMNIFY
BUYER AND HOLD BUYER HARMLESS FROM ANY PENALTIES, LIABILITIES, OR
LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY BUYER, BUYER'S
EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, OR AGENTS. Buyer, upon
written notice to Buyer, will have the right to immediately terminate this Agreement for
violations of this provision by Buyer.
34.0 HEALTH, SAFETY, AND ENVIRONMENTAL REQUIREMENTS
Services, products, materials, and supplies provided by the Seller must meet or exceed
all applicable health, safety, and the environmental laws, requirements, and standards.
In addition, Seller agrees to obtain and pay, at its own expense, for all licenses, permits,
certificates, and inspections necessary to provide the products or to perform the services
hereunder. Seller shall indemnify Buyer from any penalties or liabilities due to violations
of this provision. Buyer shall have the right to immediately terminate this Agreement for
violations of this provision by Seller.
35.0 RIGHT TO AUDIT
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Cowboy Compost, LLC
CITY OF FORT WORTH
STANDARD PURCHASING TERMS AND CONDITIONS
EFFECTIVE DATE: February 1, 2023 REVISION: 00 (Initial) I Page 13 of 18
PREPARED BY: Purchasing Division APPROVED BY: City Attorney
Seller agrees that the Buyer, or Buyer's authorized representative, shall, until the
expiration of three (3) years after final payment under this agreement, and at no
additional cost to Buyer, have access to and the right to examine and copy any directly
pertinent books, computer disks, digital files, documents, papers and records of the
Seller involving transactions relating to this agreement, including any and all records
maintained pursuant to Section 31 of this Agreement. Seller agrees that the Buyer shall
have access, during normal working hours, to all necessary Seller facilities, and shall
be provided adequate and appropriate workspace, in order to conduct audits in
compliance with the provisions of this section. Buyer shall pay Sellerfor reasonable costs
of any copying in accordance with the standards set forth in the Texas Administrative
Code. The Buyer shall give Seller reasonable advance written notice of intended audits,
but no less than ten (10) business days.
36.0 DISABILITY
In accordance with the provisions of the Americans With Disabilities Act of 1990 (ADA),
Seller warrants that it and any and all of its sub -vendors will not unlawfully discriminate
on the basis of disability in the provision of services to general public, nor in the
availability, terms andlor conditions of employment for applicants for employment with,
or employees of Seller or any of its sub -vendors. Seller warrants it will fully comply with
ADA's provisions and any other applicable federal, state and local laws concerning
disability and will defend, indemnify and hold Buyer harmless against any claims or
allegations asserted by third parties or sub -vendors against Buyer arising out of Seller's
and/or its sub -vendor's alleged failure to comply with the above -referenced laws
concerning disability discrimination in the performance of this agreement.
37.0 DISPUTE RESOLUTION
If either Buyer or Seller has a claim, dispute, or other matter in question for breach of
duty, obligations, services rendered or any warranty that arises under this Agreement,
the parties shall first attempt to resolve the matterthrough this dispute resolution process.
The disputing parry shall notify the other party in writing as soon as practicable after
discovering the claim, dispute, or breach. The notice shall state the nature of the dispute
and list the party's specific reasons for such dispute. Within ten (10) business days of
receipt of the notice, both parties shall make a good faith effort, either through email,
mail, phone conference, in person meetings, or other reasonable means to resolve any
claim, dispute, breach or other matter in question that may arise out of, or in connection
with this Agreement. If the parties fail to resolve the dispute within sixty (60) days of the
date of receipt of the notice of the dispute, then the parties may submit the matter to non-
binding mediation upon written consent of authorized representatives of both parties in
accordance with the Industry Arbitration Rules of the American Arbitration Association or
other applicable rules governing mediation then in effect. If the parties cannot resolve the
dispute through mediation, then either party shall have the right to exercise any and all
remedies available under law regarding the dispute.
38.0 RIGHTS TO INVENTIONS MADE UNDER A CONTRACTOR AGREEMENT
If the Federal award meets the definition of "funding eCFR — Code of Federal Regulations
agreement" under 37 CFR §401.2 (a) and the recipient or subrecipient wishes to enter into
a contract with a small business firm or nonprofit organization regarding the substitution of
Vendor Services Agreement Page 66 of 101
Cowboy Compost, LLC
CITY OF FORT WORTH
STANDARD PURCHASING TERMS AND CONDITIONS
EFFECTIVE DATE: February 1, 2023 REVISION: 00 (Initial) I Page 14 of 18
PREPARED BY: Purchasing Division APPROVED BY: City Attorney
parties, assignment or performance of experimental, developmental, or research work under
that "funding agreement," the recipient or subrecipient must comply with the requirements of
37CFR Part401, "Rights to Inventions Made by Nonprofit Organizations and Small Business
Firms Under Government Grants, Contracts and Cooperative Agreements," and any
implementing regulations issued by the awarding agency.
39.0 CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT
Seller shall comply with all applicable standards, orders or regulations issued pursuant to the
Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as
amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding
agency and the Regional Office of the Environmental Protection Agency (EPA).
40.0 DEBARMENT AND SUSPENSION
Per Executive Orders 12549 and 12689, a contract award (see 2 CFR 180.220) shall not be
made to parties listed on the government -vide exclusions in the System for Award
Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement
Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989
Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names of
parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared
ineligible under statutory or regulatory authority other than Executive Order 12549.
41.0 BYRD ANTI -LOBBYING AMENDMENT (31 U.S.C. 1352)
Firms that apply or bid for an award exceeding $100,000.00 must file the required
certification. Each tier certifies to the tier above that it will not and has not used Federal
appropriated funds to pay any person or organization for influencing or attempting to
influence an officer or employee of any agency, a member of Congress, officer or
employee of Congress, or an employee of a member of Congress in connection with
obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352.
Each tier must also disclose any lobbying with non -Federal funds that takes place in
connection with obtaining any Federal award. Such disclosures are forwarded from tier
to tier up to the non -Federal award. Bidders shall provide proof of Byrd Anti -Lobbying
Amendment certification filings with their bid, if the bid exceeds $100,000.00.
42.0 NO BOYCOTT OF ISRAEL
If the Seller has fewer than 10 employees or this Agreement is for less than
$100,000, this section does not apply. The Seller acknowledges that in accordance
with Chapter 2271 of the Texas Government Code, the Buyer 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, Seller certifies that Seller's signature provides
written verification to the Buyer that Seller: (1) does not boycott Israel; and (2) will
not boycott Israel during the term of the Agreement.
43.0 PROHIBITION ON BOYCOTTING ENERGY COMPANIES
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Cowboy Compost, LLC
CITY OF FORT WORTH
STANDARD PURCHASING TERMS AND CONDITIONS
EFFECTIVE DATE: February 1, 2023 REVISION: 00 (Initial) I Page 15 of 18
PREPARED BY: Purchasing Division APPROVED BY: City Attorney
Seller acknowledges that in accordance with Chapter 2276 of the Texas Government
Code, the Buyer 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
Buyer 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. To the extent
that Chapter 2276 of the Government Code is applicable to this Agreement, by signing
this Agreement, Seller certifies that Seller's signature provides written verification to the
Buyer that Seller: (1) does not boycott energy companies; and (2) will not boycott energy
companies during the term of this Agreement.
44.0 PROHIBITION ON DISCRIMINATION AGAINST FIREARM AND AMMUNITION
INDUSTRIES
Seller acknowledges that except as otherwise provided by Chapter 2274 of the Texas
Government Code, the Buyer 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 ofthe Buyer with a company with 10 or more full-time employees unless the contract
contains a written verification from the companythat 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. To the extent that Chapter 2274 of the Government
Code is applicable to this Agreement, by signing this Agreement, Seller certifies that
Seller's signature provides written verification to the Buyer that Seller: (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.
45.0 CHANGE IN COMPANY NAME OR OWNERSHIP
The Seller shall notify the Buyer's Purchasing Manager, in writing, of a company name,
ownership, or address change for the purpose of maintaining updated Buyer's records.
The president of the company or authorized official must sign the letter. A letter indicating
changes in a company name or ownership must be accompanied by supporting legal
documentation such as an updated W-9, documents filed with the state indicating such
change, a copy of the board of directors' resolution approving the action, or an executed
merger or acquisition agreement. Failure to do so may adversely impact future invoice
payments.
46.0 LAWS, REGULATIONS, AND ORDINANCES
The Seller shall be responsible for meeting all Federal: laws, ordinances, and regulations;
State: laws, ordinances, and regulations; County: laws, ordinances, and regulations; and
City: laws, ordinances, and regulations. This includes, but is not limited to, all Federal,
State, County, and City Agencies, Administrations, and Commissions such as the
Environmental Protection Agency (EPA), Occupational Safety and Health Administration
(OSHA), and the Texas Commission on Environmental Quality (TCEQ). In the event any
law, regulation, or ordinance becomes effective after the start of this Agreement, the Seller
is required to comply with the new policy. Any mandates requiring Buyer to comply with
newguidelines will also require the Seller to comply.
Vendor Services Agreement Page 68 of 101
Cowboy Compost, LLC
CITY OF FORT WORTH
STANDARD PURCHASING TERMS AND CONDITIONS
EFFECTIVE DATE: February 1, 2023
PREPARED BY: Purchasing Division
47.0 INSURANCE REQUIREMENTS'
REVISION: 00 (Initial) I Page 16 of 18
APPROVED BY: City Attorney
47.1 The Seller shall assume all risk and liability for accidents and damages that may
occur to persons or property during the prosecution of work under this Agreement.
The Seller shall file with Buyer, priorto the commencement of services, a certificate
of insurance documenting the following required insurance.
47.1.1 Failure to provide such information within five (5) calendar days may be
grounds for Agreement termination.
47.2 Policies shall have no exclusions by endorsements which nullify the required lines
of coverage, nor decrease the limits of said coverage unless such endorsements
are approved by Buyer. In the event a contract has been bid or executed and the
exclusions are determined to be unacceptable or Buyer desires additional
insurance coverage, and Buyer desires the Seller to obtain such coverage, the
contract price shall be adjusted by the cost of the premium for such additional
coverage plus 10%.
47.2.1 Statutory Workers' Compensation Insurance and Employer's Liability
Insurance at the following limits:
$100,000 Each Accident
$500,000 Disease — Policy limit
$100,000 Disease — Each Employee
This coverage may be written as follows:
Workers' Compensation and Employers' Liability coverage with limits
consistent with statutory benefits outlined in the Texas Workers'
Compensation Act (Art. 8308 — 1.01 et seq. Tex. Rev. Civ. Stat.) and
minimum policy limits for Employers' Liability of $100,000 each
accident/occurrence, $500,000 bodily injury disease policy limit and
$100,000 per disease per employee.
47.2.2 Commercial General Liability Insurance including Explosion, Collapse, and
Underground Coverage shall be provided as follows:
$1,000,000 Each Occurrence
$2,000,000 Annual Aggregate
Coverage shall include but not be limited to the following:
premises/operations, independent Sellers, products/completed operations,
personal injury, and contractual liability. Insurance shall be provided on an
occurrence basis, and as comprehensive as the current Insurance Services
Office (ISO) policy.
47.2.3 Auto Liability Insurance shall be provided as follows:
This is the Standard Provision regarding Insurance Requirements, If the Buyer determines that additional insurance
is required, those additional requirements will be listed in the actual bid issued.
Vendor Services Agreement Page 69 of 101
Cowboy Compost, LLC
CITY OF FORT WORTH
STANDARD PURCHASING TERMS AND CONDITIONS
EFFECTIVE DATE: February 1, 2023 REVISION: 00 (Initial) I Page 17 of 18
PREPARED BY: Purchasing Division APPROVED BY: City Attorney
$1,000,000 Combined Single Limit Each Accident
A commercial business policy shall provide coverage on "Any Auto",
defined as autos owned, hired and non -owned.
47.2.4 The Seller shall furnish Buyer's Purchasing Manager, with a certificate of
insurance documenting the required insurance priorto the commencement
of services.
47.2.5 Policies shall be endorsed to provide Buyer a thirty- (30) day notice of
cancellation, material change in coverage, or non -renewal of coverage.
47.2.6 Applicable policies shall also be endorsed to name Buyer as an additional
insured, as its interests may appear (ATIMA).
48.0 ADDITIONAL INSURANCE REQUIREMENTS'
48.1 Buyer, its officers, employees and servants shall be endorsed as an additional
insured on Seller's insurance policies excepting employer's liability insurance
coverage under Seller's workers' compensation insurance policy.
48.2 Certificates of insurance satisfactory to Buyer and Worker's Compensation
Affidavit must be received before Seller can begin work. Failure to supply and
maintain such insurance shall be a breach of contract. Seller shall provide
complete copies of all insurance policies required by this Agreement. Certificates
of insurance must be supplied to:
Financial Management Services Department
Attention: Purchasing Division Bid # YR-NNNN
200 Texas Street, Fort Worth, Texas 76102
48.3 Any failure on part of Buyer to request required insurance documentation shall not
constitute a waiver of the insurance requirements specified herein. Each insurance
policy shall be endorsed to provide Buyer a minimum 30-day notice of cancellation,
non -renewal, and/or material change in policy terms or coverage. A ten (10) day
notice shall be acceptable in the event of non-payment of premium.
48.4 Insurers must be authorized to do business in the State of Texas and have a
current A.M. Best rating of A: VII or equivalent measure of financial strength and
solvency.
48.5 Deductible limits, or self -funded retention limits, on each policy must not exceed
$10,000.00 per occurrence unless otherwise approved by Buyer.
48.6 Otherthan worker's compensation insurance, in lieu of traditional insurance, Buyer
may consider alternative coverage or risk treatment measures through insurance
pools or risk retention groups. Buyer must approve in writing any alternative
coverage.
' This is the Standard Provision regarding Insurance Requirements If the Buyer determines that additional insurance
is required, those additional requirements will be listed in the actual bid issued.
Vendor Services Agreement Page 70 of 101
Cowboy Compost, LLC
CITY OF FORT WORTH
STANDARD PURCHASING TERMS AND CONDITIONS
EFFECTIVE DATE: February 1, 2023 REVISION: 00 (Initial) I Page 18 of 18
PREPARED BY: Purchasing Division APPROVED BY: City Attorney
48.7 Workers' compensation insurance policy(s) covering employees of the Seller shall
be endorsed with a waiver of subrogation providing rights of recovery in favor of
Buye r.
48.8 Buyer shall not be responsible for the direct payment of insurance premium costs
for Seller's insurance.
48.9 Seller's insurance policies shall each be endorsed to provide that such insurance
is primary protection and any self -funded or commercial coverage maintained by
Buyer shall not be called upon to contribute to loss recovery.
48.10 While the purchase order is in effect, Seller shall report, in a timely manner, to
Buyer's Purchasing Department any known loss occurrence that could give rise to
a liability claim or lawsuit or which could result in a property loss.
49.0 PERFORMANCE
Failure of Buyer to insist in any one or more instances upon the performance of any of the
terms and conditions of this Agreement shall not be construed as a waiver or
relinquishment of the future performance of any terms and conditions, but the Seller's
obligation with respect to such performance shall continue in full force and effect.
Vendor Services Agreement Page 71 of 101
Cowboy Compost, LLC
Exhibit E
Contractor's Bid Response to City's RFP No. 24-0118
FORT WORTH.
CITY OFF ORTWORTH
ENVIRONMENTAL SERVICES DEPARTMENT
ENVIRONMENTAL QUALITY DNISION
200 TEXAS
FORT WORTH, TEXAS 76102
REQUEST FOR PROPOSALS(RFP)
FOOD WASTE COMPOST HAULER
RFP: 24 - 0118
Legal Name of Proposer Cowboy Compost LLC
DB1AName ofProposer Cowboy Compost LLC
City of Fort Worth BidderJSupplied ID or Federal ID Number (FK 7000000298
Address 4105 Aragon Drive Fort Worth
Name of the Authonzed Representative Johanna Paschal
Title Chief Executive Officer
The undersigned, by his/her signature, represents that he/she is submitting a binding Proposal and
is authorized to bind the respondent to fully comply with the solicitation document contained
herein The Respondent, by submitting and signing below, acknowledges that he/she has received
and read the entire document packet for this RFP and agrees to be bound by the terms therein
The undersigned agrees if the Proposal is accepted, to furnish any and all items and/or services
upon which prices are offered, at the price(s) and upon the terms, conditions, and
scope/specifications contained in this RFP
Signature of the Authorized Representative:
Email sales@cowboycompost.com
�u
Phone 692.554.5609
Vendor Services Agreement Page 72 of 101
Cowboy Compost, LLC
CITY OF FORT WORTH —ENVIRONMENTAL SERVICES
F`ORT�WORT'H, DEPARTMENT
s Cover Sheet and Authorized Signature
Email: sales@cowboycompost.com
Name of Contact Person - 1: Pete Smith
Title of Contact Person - 1: Operations Manager
Email: operations@cowboycompost.corn
Name of Contact Person - 2: Mallory Baeza
Title of Contact Person - 2: Adminstration
Email: accounting@cowboycompost . corn
Narne of Contact Person - 3:
Title of Contact Person - 3:
Email:
Please answer each question below:
Phone:682.554.5609
Phone: 682.551.2097
Phone: 682-203-6015
Phone:
Will the agreement be available for Cooperative Agreement use?
Dyes ❑ No
Prompt Payment Discount Terms: 1.5 Percent Net 15 Days (i.e. 3% Net 15, etc.)
Vendor Services Agreement Page 73 of 101
Cowboy Compost, LLC
FORTWORTH. CITY OF FORT WORTH -ENVIRONMENTAL SERVICES DEPARTMENT
CIQ FORM
CONFLICT OF INTEREST QUESTIONNAIRE (CIQ)
Pursuant to Chapter 176 of the Local Government Code, any person or agent of a
person who contracts or seeks to contract for the sale or purchase of property, goods,
or services with a local governmental entity (i.e. City of Fort Worth) must disclose
in the Conflict of Interest Questionnaire Form "CIQ" the person's affiliation or
business relationship that might cause a conflict of interest with the local
governmental entity. Bylaw, the Questionnaire must be filed with the City of Fort
Worth Secretary no later than seven days after the date the person begins contract
discussions or negotiations with the City or submits an application or response to a
request for proposals or bids, correspondence, or another writing related to a
potential agreement with the City. Updated Questionnaires must be filed in
conformance with Chapter 176.
A copy of the Questionnaire Form CIQ is enclosed with the submittal documents.
The form is also available at httDs://www.ethics.state.tx.us/forms/conflict/
If you have any questions about compliance, please consult your own legal counsel.
Compliance is the individual responsibility of each person or agent of a person who
is subject to the filing requirement. An offense under Chapter 176 is a Class C
misdemeanor.
NOTE: If you are not aware of a Conflict of Interest in any business
relationship that you might have with the City, state the Proposer name in # 1,
and use N/A in each of the areas on the form. However, a signature is required
in the 47 box in all cases.
Vendor Services Agreement Page 74 of 101
Cowboy Compost, LLC
FORT WORTH. CITY OF FORT WORTH —ENVIRONMENTAL SERVICES DEPARTMENT
r— CIQ FORM
CONFLICT OF INTEREST QUESTIONNAIRE
For vendor doing business with local governmental entity
This questionnaire reflects changes mods to Ilia has by KB. a Both lag., Bsgufv Session.
This questionnaire is being filed in accordance with Cttepher 176. Local Government Code, by a vendor who
has a business relationship as defined by Section 176001il-a) with a local governmental entiry and the
vendor meets requtremenis under Section 176.Oo6(a).
Bi law this queshonnaw must be filed wilh the records adrrtinfstralor of the local gwomrnenal entity not falor
man the 7Ih Inuuness day afar IN data the vendor b000mBs aware of tags that require me statement 10 be
filed. See Section 176."a-1). Local Govemm in Code -
A verdo commits an offense ti ma vendor knowangty violates Section 176 006. Local Gvvemmam Code_ An
offense order ttus sermon is a misdemeanor
J Nam ofveroor who has a business relationship with local governmental entity
Cowboy Compost
FORM CIO
OFFICE LOSE ONLY
Otee Re —i
J ❑ Chock iflis box fly. ate filling on update to a previously filed questonneiro. (The law requires that you file an updated
completed quesbonnaire with the appropriate filing authority not later than the 7th business day after the date on which
you became aware that the originally filed questionnaire was incomplete or inaccurate.) NIA
J Name of local government officer about whom the Information is being disclosed.
NIA
Name of Offter
J Describe each employmirl or other business relationship with the local government officer, at a family member at the
officer. as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local govemment officer
Complete subparts A and B for each employment or business relationship described- Attach additional pages to this Form
CIO as necessary.
NIA
A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income,
other than investment income. from the vendors
Yes F-1 No
B. Is the vendor recaiv ing or likely to receive taxable income, other than investment income. from or at the direction
of the local government officer or a family member of the officer AND the taxable income is not racarved Irom the
local governmental entity?
Yes = No
Describe each employment or business relationship that the vendor named in Section l maintains with a corporation or
other business entity with respect to which the local government officer serves as an officer or director, or holds an
ownership interest of one percent or more.
NIA
❑ Check this box if the vendor has given the local government officer or a family member of the officer one or more gilts
as daschbed in section 176.063(a)(2)(B)• excluding gffrs described to Section 176.003(a-1). NIA
e or 0iu6r doing eusrness wrm the governmenai oriry
Form gwidedbyTexas Ethics Cwinission vmw.athics.stale,tx,us �e�,s� •;•:_n_•
Vendor Services Agreement Page 75 of 101
Cowboy Compost, LLC
FORT WORTH. CITY OF FORT WORTH -ENVIRONMENTAL SERVICES DEPARTMENT
r- CIQ FORM
CONFLICT OF INTEREST QUESTIONNAIRE
For vendor doing business with local governmental entity
A complete copy of Chapter 176 of the Local Government Code may be found at hffp".awww_statutes legis.state.N-us1
Docs1LG'htrVLG.176.htm. For easy reference, below are some of the sections cited on this form.
Local Government Code i 176.001f1-al: "Business relationship" means a connection between two or more parties
based on commercial activity of one of the parties. The term does not include a connection based on.
(A) a transaction that is s ubject to rate or fee regulation by a lederal, state, or local governmental entity or an
agency of a federal, state, or local governmental entity;
(B) a transaction conducted at a price and subject to terms available to the public; or
(C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and
that is subject to regular examination by, and reporting to, that agency.
Local Government Code 4176.003(a?(21(A`and IB):
(a) A local government officer shall file a conflicts disclosure statement with respect to a vendor if:
(2) thevendoc
(Ai has an employment or other business relationship with the local government officer or a
family member of the officer that results in the officer or family member receiving taxable
income. other than investment income, that exceeds $2,500 during the 12-month period
preceding the date that the officer becomes aware that
(i) a oontract between the local governmental entity and vendor has been executed;
or
(ii) the local governmental entity is considering entering into a contract with the
vendor:
(B) has given to the local government officer or a family member of the officer one or more gins
that have an aggregate value of more than $100 in the 12-month period preceding the date the
officer becomes aware that:
(1) a contract between the local governmental entity and vendor has been executed; or
(ii) the local governmental entity is considering entering into a contractwith the vendor.
Local Government Coda A 176.006(a) and fa-1
(a) Avendor shall file a completed conflict of interest questionnaire it the vendor has a business relationship
with a local governmental entity and:
(1) has an employment or other business relationship with a local government officer of that local
governmental entity, or a family member of the officer. described by Section 176-003(a)(2)(A);
(2) has given a local govemment officer of that local governmental entity, or a family member of the
officer. one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B), excluding any
gift described by Section 176.003(a-1); or
(3) has a family relationshipwith a local government officer of that local governmental entity.
(a-1) The completed conflict of interest questionnaire must be filed with the appropriate recordsatlministralor
not later than the seventh business day anerthe later of:
(1) the date that the vendor:
(A) begins discussions or negotiations to enter into a contract with the local governmental
entity; or
(B) submits to the local governmental entity an application, response to a request for proposals
or bids, correspondence, or another writing related to a potential contract with the local
governmental entity; or
(2) the date the vendor becomes aware:
(A) of an employment or other business relationship with a local government officer, or a
family member of the officer, described by Subsection (a);
(B) that the vendor has given one or more gins described by Subsection (a); or
(C) ofa fam'tty, relationship with a local government officer.
Form prow" by Texas Fthm Comrtlss*n xnr oftcs.stata_ ri_Lis R--d L IM2t
Vendor Services Agreement Page 76 of 101
Cowboy Compost, LLC
FORT WORTH. CITY OF FORT WORTH -ENVIRONMENTAL SERVICES
DEPARTMENT
i REQUIRED PROPOSAL DOCUMENTS
PROPOSAL DOCUMENTS
All Proposal Documents, including this checklist, must be completed in full
and submitted in the requested order to be considered a responsive submittal.
Oualification Documents Checkmark if Included
1. PROVIDER'S QUALIFICATIONS AND EXPERIENCE
2. ACKNOWLEDGEMENT OF RECEIPT OF ADDENDA
3. PROJECT REFERENCES 271
Remainder of page intentionally left blank
Page l of 4
Vendor Services Agreement Page 77 of 101
Cowboy Compost, LLC
FORT WORTH. CITY OF FORT WORTH -ENVIRONMENTAL SERVICES
DEPARTMENT
i PROVIDER'S QUALIFICATIONS AND EXPERIENCE
1. Provider's Qualifications and Experience
Provider shall include a comprehensive Statement of Proposal. Proposals
shall be limited to a maximum of twenty-five (25), letter size (8-112" x 11").
See Section 15.3 of RFP-01 Instruction to Proposers for full requirements.
Within the Statement of Proposal, the Provider is expected to address the
following key aspects:
i. Company Overview
a. Provide and overview of the company, highlighting the number of
years in business.
b. Specify the business hours for communication and service
availability.
ii. Experience in Transporting Residential Food Waste
a. Describe the provider's experience in performing these services
within the market.
b. Describe the Provider's experience in delivering similar services, with
diverse entities such as local governments, local businesses, and
collaborations within the education sector.
■ Include any samples of education materials, if applicable.
iii. Existing Collection Routes
a. Provide information on existing collection routes within Fort Worth
iv. Relationship with Composting Facilities
a. Briefly describe any established relationships with composting
facilities.
v. Methodology
a. Equipment: provide a list of the equipment, including vehicles,
available to perform these services.
b. Crews: outline the number of crews and the corresponding number of
crew members for each crew.
c. Organic Materials: provide a list of all organic materials and food
scraps accepted by the Provider.
d. Contamination: provide, in detail, the procedures for identifying and
handling contaminated food waste carts.
e. Monthly Report: submit a sample monthly report featuring the weight
of materials collected per drop-off site, the number of carts emptied
per drop-off site, and the count of contaminated carts per drop-off site.
If a comparable report already exists, we are open to accepting it as a
suitable example.
Page 2 of 4
Vendor Services Agreement Page 78 of 101
Cowboy Compost, LLC
FORT WORTH. CITY OF FORT WORTH -ENVIRONMENTAL SERVICES
� DEPARTMENT
i ` ACKNOWLEDGEMENT OF RECEIPT OF ADDENDA
2. Acknowledgement of Receipt of Addenda
Check if applicable 71
The undersigned acknowledges the receipt of the following addendum (a) to the
Request for Proposal, and has attached all addenda following this page. (Add lines
if necessary).
Addendum Number
(date received)
QAddendum Number 2
(date received)
QAddendum Number 3
(date received)
addendum Number 4
(date received)
Check if applicable 8
The undersigned acknowledges the receipt of no addenda to the Request for Proposal.
PROVIDER:
Cowboy Compost
Company Name
4105 Aragon Drive Fort Worth
Address
Fort Worth, TX 76133
City, State, Zip
BY: Johanna Paschal
(print or type name of signatory)
(signa e)
Chief Executive Officer
Page 3 of 4
Title (print or type)
Vendor Services Agreement Page 79 of 101
Cowboy Compost, LLC
FORT WORTH. CITY OF FORT WORTH —ENVIRONMENTAL SERVICES
DEPARTMENT
i PROJECT REFERENCES
3. Project References
Proposer shall furnish the following information with their Proposal, for at least
three (3) recent customers to whom subject services were provided that are similar
to the requirements stipulated in this RFP.
1. Company's Name: Tree house Foods
Name of Contact: Daniel Cifuentes
Title of contact: Senior Manager- Sustainability
Address: Charlotte, NC
Phone No.940-595-8658 Email: sales@ cowboy compost. com
Type of Services Provided: Coffee chaff, beans, and food waste composting and consulting
2. Company's Name: Chick-Fil-A
Name of Contact: Vanessa Bales
Title of Contact: Owner/ Operator
Address: Bedford, TX
Phone No. 917-944-2086 Email: sales@cowboy compost. com
Type of Services Provided: Food waste hauling and consulting
3. Company's Name: Blue Origin
Name of Contact: Grace Dickenson
Title of Contact: Supervisor- Manufacturing, Ops & Assembly
Address: Launch Site One, Van Horn, TX
Phone No. 432-207-0187 Email: opdi i� OMVM.com
Type of Services Provided: Compost Program design, Food waste collection
Page 4 of 4
Vendor Services Agreement Page 80 of 101
Cowboy Compost, LLC
FORT WORTH
"4
COMPDSTO�p
GO ZERO WASTE!
Response to RFP 24-0118 - RFP Food Waste Compost Hauler
Proposal Submission Deadline: February 22, 2024
Prepared by Cowboy Compost
Vendor Services Agreement Page 81 of 101
Cowboy Compost, LLC
Cover Leiter
D
CO�IPO�T
ao saeo VASraf
Ooeiatiom(d..c owbovcomoost.com
(817) 952-9972
4105 Aragon Dr
Fort Worth, TX 76133
February 14, 2024
City of Fort Worth Purchasing Department
Lower Level
200 Texas Street
Fort Worth, TX 76102-6314
Submitted via Bonfire platform
To the Evaluation Committee of RFP 24-0118:
As members of the Fort Worth community and environmental advocates, we are pleased and
excited about this RFP and our response.
Fort Worth and its citizens face an unseen crisis: a municipal landfill that is quickly losing
capacity to serve its residents. Cowboy Compost exists to confront this problem head on by
offering our community an easy method to reduce their landfill waste. Saving our landfill
requires a small tweaking of our everyday habits that can save future generations millions of
dollars, if the citizens of Fort Worth act collectively.
While Cowboy Compost's proprietary residential pick-up routes run four days per week and
currently serves the entirety of the city of Fort Worth and some surrounding areas. Serving
localized Food Waste Drop -Off Locations, as opposed to organically growing residential
composting routes to new markets, can help us fulfill our mission to divert food waste and scale
up faster.
Various individuals from communities surrounding Fort Worth (including Burleson, Crowley,
Haslet, and Keller), have contacted Cowboy Compost about residential service. With the
implementation of this Food Waste Drop -Off Location program, Fort Worth will continue to be
the leader in our region for municipal composting, and we would be honored to aid this cause_
Vendor Services Agreement Page 82 of 101
Cowboy Compost, LLC
Thank you for this opportunity.
p5"M'' '
COMPOSE.
GO ZERO T7A3"21
Executive Summary
The purpose of this exercise is to provide a high-level description of the Firm's ability to meet
the requirements of the RFQ.
Cowboy Compost was founded in 2016 and incorporated in 2017, and in 2019 began
servicing the City of Fort Worth's Compost Pilot Program.
❖ In that time, much data has been collected and almost six hundred thousand pounds of
food waste has been diverted from the local landfill as a result of the efforts between our
two organizations. We feel that we at Cowboy Compost are uniquely positioned to
continue along this path alongside the city, and it is our hope that our fitness will be
illustrated in the forthcoming proposal and accented by our years of experience and tens
of millions of pounds of food waste diversion.
❖ This proposal will be for the provision of food waste collection and composting services
to the city of Fort Worth, at a number of sites, currently numbered as twenty-one and
numbering up to forty at the discretion of the city.
Cowboy Compost has faithfully performed the services required for almost five years, with very
limited non -act -of -God service -related issues, and commit, when given the opportunity, to
continue to provide these services to the utmost level.
Vendor Services Agreement Page 83 of 101
Cowboy Compost, LLC
Table of Contents
I. Overview of Company
II. Experience in Transporting Residential Food Waste
III. Existing Collection Routes
IV. Relationship with Composting Facilities
V. Methodology
Exhibit A- Scope of Services
Exhibit B- Pricing Items and Reference
Exhibit C- Educational Materials Samples
Page 4
Page 5
Page 7
Page 9
Page 10
Page 13
Page 16
Page 18
Vendor Services Agreement Page 84 of 101
Cowboy Compost, LLC
Company Overview
Award winning Cowboy Compost, LLC was created in 2016 by two resident leaders in Fort
Worth: Fort Worth Symphony Orchestra's Music Director, Miguel Harth-Bedoya, and small
business owner and entrepreneur, Johanna Calderon. As global citizens who have seen the
effects of waste management programs across the globe, they have dedicated their passion,
talents and resources to raising awareness about waste issues and its impact on the environment.
We started as a self -funded pilot program involving 25 of our closest friends. The results of this
program were tabulated, and it was determined that we could initiate our mission to build "a
Local, Social, Sustainable company, directed at reducing waste and offering an avenue to a more
sustainable lifestyle in the Fort Worth area. We are proud to remain locally owned and operated,
where we are beholden to our friends, customers, and neighbors, and not corporate boards.
Cowboy Compost provides residential, commercial, and manufacturing composting services in
Fort Worth and the larger Dallas -Fort Worth area. We help make the food composting process
simple and easy for households, businesses, and organizations by providing education,
equipment and products, instruction, and regular food waste pick-up.
Currently, Cowboy Compost serves residential and commercial clients throughout Fort Worth,
its suburban areas, and the greater Dallas area. Our expanded residential route consists of almost
200 residents, that are serviced weekly. In the Spring, these customers receive an amount of rich
soil to then use in their yards and gardens, thus completing the earthly cycle. Our commercial
route operates 5 days per week and consists of over fifty customers ranging from small churches
to some of the most recognizable restaurants in the area. Our manufacturing stream includes a
food product manufacturer with which we partner to divert millions of pounds of waste per year.
We collect all organic residues, take them to a qualified compost facility and inspect and sort
them to ensure no contamination.
Cowboy Compost is committed to developing custom -designed food waste composting
programs and providing five-star customer service at a value. We ensure quality control so that
collected food waste is free of contaminants prior to delivering to local professional composting
facilities, where organic food waste will help create nutrient -rich soil packaged as a bagged
product, which is available through Cowboy Compost.
Seven years into our mission, and Cowboy Compost is proud to have had an impact on the local
sustainability landscape, by diverting nearly 40 million pounds of waste from the landfill.
Equally important, we have had an influence on the young minds of our area through our
partnerships with some local schools. This interaction will have the result of starting the ripple
effect of sustainable mindfulness that will emanate from Fort Worth and replicate itself across
the world. Our services are scheduled five days per week but are available on an emergency
basis on all days, at all times which our current service record should demonstrate.
Vendor Services Agreement Page 85 of 101
Cowboy Compost, LLC
Experience in Transporting Residential Food Waste
A. Cowboy Compost has been operating in the Fort Worth area since 2016, a total of
almost seven years. We started quite small, focused on a self -funded pilot
program of a few of our friends and associates. We collected 5-gallon buckets in
the back of a pickup, concentrating on the internal core of Fort Worth.
After deciding to move forward and offer this service to the larger community, we
relied on our network and began to grow. After the initiation of the City of Fort
Worth program, some of our original customers became subscribers of the city
program to show support for the program and impress upon city leaders the
importance of such a program.
We have grown organically since then by providing a much -needed service, with
a good track record and low occurrence of service issues.
Our services now cover the entirety of the city of Fort Worth, and beyond.
We expand to new areas only when the opportunity presented makes sound
environmental sense.
B. Cowboy Compost began as a vision of its co-founders, community leader Miguel
Harth-Bedoya and local university graduate and entrepreneur Johanna Calderon.
The vision was to offer the community a way to reduce their waste on a scaled
level and have an impact on landfill space. With this vision in mind, Cowboy
Compost has participated in numerous programs with area schools, highlighting
the benefits of composting activities. Some examples are:
Daggett Montessori
Bransom Elementary School, Burleson
3. North Hi -Mount Elementary
Additionally, we currently have relationships with private schools in Fort Worth,
allowing them the ability to reduce their landfill inputs.
When working with schools, education is important. The youth are our best
opportunity to impact our environment on a long-term basis, so providing them
with the information is key. When initiating a program, we attend information
sessions, and present the program and how it works. This always incites interest
and a sense of excitement in the program. A sample of the educational literature
will be provided in the submission packet.
The City of Fort Worth is the only local governmental agency that we have
participated with at scale, but we have provided food waste collections for a
number of other entities. On such project was with a company in far West Texas.
This entity reached out to us because they had a desire to divert food waste and
had no alternatives, so we embarked on a project to allow them to do so.
Vendor Services Agreement Page 86 of 101
Cowboy Compost, LLC
Cowboy Compost found a way to provide this service within a cost framework
that was not overly burdensome. We cannot mention the name, as we were not
cleared to do so, but this was a company that deals with sending rockets into
space.
Cowboy Compost has worked with churches around Fort Worth, downtown
offices, many coffee shops, several small businesses along Magnolia Street,
private and public schools, universities, hotels, a horse farm, and Fortune 500
companies in the greater DFW area.
Most notable and relevant of course, is our experience with the City of Fort
Worth. We started our own composting programs, residential and commercial,
before partnering with the city in this program.
Below are some examples of what we have accomplished alongside the city:
Total weights collected per site, per month- previous four years
All Locations
�"`ryn�"''e�F
—ffw�Eo rw�rnnmerna���ema,. �a.ea—I�ea�we:, er���o r —�v Hai oos
-[Tellolm Trai Park-Walz�Cammuniry GarEen-GdtlenTnan@e taErary
�EIES Pat �Alliarce Park �Rklgea cnnman [nurcn
Han y eatlowdock[omm�ty Carrter�Hazel Hamry Pese @nier �0.armntl Hil fan�.urury 4nrer
Total bans collected per site, per month- previous four years
All Locations
P ����a�m ��aaaa<raara saaaraa�
VRE LL
��,�oSm cal Pah'.aieawn.mxw =NOSE"�'S rrunT Ga Nen m0 Hni ra a rm
�rvan � eamwamok[anmunTycerrcer�rc.zare y re cenra �oeanona nio commwrty'mur
Vendor Services Agreement Page 87 of 101
Cowboy Compost, LLC
Information on existing collection routes within Fort Worth
Cowboy Compost currently operates five routes throughout the Fort Worth area, with coverage
into eastern Tarrant County, and also into the Dallas area.
Our routes are divided into geographic regions to increase efficiency. We believe that route
density breeds efficiency, and efficient use of resources is not only good business but is the
ultimate way to achieve less impact to the environment.
Cowboy Compost currently collects food waste from twenty-one City of Fort Worth compost
collection sites. These sites are located throughout the city, at city drop off stations, community
parks, and community centers. It is our hope that with this extension of the composting program,
more sites will be availed, thusly providing residents of the City of Fort Worth more
opportunities to participate.
Our participation in the original City of Fort Worth composting pilot program has been
groundbreaking. Together, we have proven that a residential composting program is possible in
North Texas! The program so far has diverted a total of almost 600,000 pounds of food waste!
Total food waste collected per year with the City of Fort Worth progrwn
140000
120000
100000
30000
60000
40000
20000
Weight Collected Each Year
Year 1 Year 2 Year 3 Year 4 Year S �10 months)
Our commercial routes consist of a variety of entities, spread across Fort Worth and the greater
DFW metroplex. We provide services to churches such as Westside Unitarian, we collect food
waste from events, and from restaurants such as Spiral Diner and Chik-Fil-A. We also serve a
section of UNT Health Science Center, where they implemented a program that allows their
employees to bring their food waste to the office where we collect it.
Coffee grounds are collected from a busy natural gas pipeline company's office, and we collect
food waste from one of the country's largest coffee houses.
Vendor Services Agreement Page 88 of 101
Cowboy Compost, LLC
Below is a sample of our current area, with some of our current stops highlighted and routes
color -coded
Rhone
Briar Newark.
Reno
a Junta
Azle
1�9
an
sson
Le
-�il�oafJiCe Flower Mound
1
Haslet • ��;W,:
iJ
y
..
ine
A 71
=E L�irli l e6o
aginaw 1
!r?i h �3ern'
D�j Richiard He,_ : � ih
i► h 1
v�Itom City �`
fi
em 1�^girth SO Q
Grar
tones
Hill. @.
aLrman
zap
Cra
Mansfield
Burleson
Lillian
Cowboy Compost has succeeded in proving that food waste diversion through composting in
Fort Worth is not only possible, but necessary in the fight to reduce waste in our community.
8
Vendor Services Agreement Page 89 of 101
Cowboy Compost, LLC
Relationship with Composting Facilities
Cowboy Compost has relationships with all major commercial composting facilities in the Fort
Worth area.
The facilities with which we have relationships on some levels are:
Living Earth
Mayer Materials
The Organic Recycler
Silver Creek Materials
It is our hope to continue to expand our capabilities over the next few years, to supplement these
relationships and provide more opportunities for the community to divert food waste from the
area landfills.
Vendor Services Agreement Page 90 of 101
Cowboy Compost, LLC
Methodology
Equipment
Cowboy Compost has the entirety of equipment needed to more than manage the City of Fort
Worth program, as evidenced by the five-year history of providing this service.
Our current fleet consists of:
2 "tipping" trailers- pull -behind trailers designed to tip carts into a collection container
4 trucks of various capacities, all within capability of pulling the trailers. The trucks offer
redundancy in case of mechanical failure.
Flatbed trailers are within our fleet as well, to serve as backup and as delivery means for carts.
Staff
Cowboy Compost operates as efficiently as possible, to provide the best value to the community.
Our staffing levels continue to increase as we continue our mission.
In the beginning, there were only volunteers. As of now, we have a crew of four -five drivers with
a variety of availabilities.
Cowboy Compost has four administrative employees to manage the internal operations of the
business.
Organic Materials accepted
While it is almost impossible to provide an all-inclusive list of acceptable items, we often use the
phrase "If it grows, it goes".
A summary list, which is available on the city's website is as follows:
Cooked meats and bones
Food scraps and leftovers
Eggs, shells, dairy, proteins
Seafood and shellfish
Baked goods
Tea bags, coffee filters and grounds
Nuts, fruits, and vegetables
m
Vendor Services Agreement Page 91 of 101
Cowboy Compost, LLC
Contamination
Contamination is one of the most detrimental issues faced by composting organizations and is
the focus of much effort.
Cowboy Compost physically sorts the food waste collected to ensure that little contamination
reaches the facility and thereby increases the chance for a contamination -free final product.
For the purposes of this program with the city of Fort Worth, there must be a process for
evaluating carts onsite for contamination, proper documentation (including reporting and
invoicing), and proper handling of contaminated carts.
The steps we propose to undertake are as follows:
1. The carts will receive a cursory inspection upon servicing
a. This will be done manually, by sorting through the top layers of the cart and
visually inspecting the contents
i. This is a method similar to that practiced by CFW personnel when
conducting inspections of residential recycling containers
b. If fifteen pieces of contamination or more are found, the cart will be considered
contaminated
c. The contents will be photographed, and the images sent to CFW contact with
location information
d. An invoice will be prepared based upon the schedule proposed within this
proposal
2. Process for dealing with contaminated carts
a. If the carts are located at a CFW drop off site
i. The cart will be rolled to the nearest trash container and emptied
ii. The cart will then be washed and returned to service as normal
b. If the cart is located at a site other than a CFW drop off site
i. The cart will be manually sorted onsite if contamination is more than the
acceptable limit but manageable via means of site resource allocation
ii. If the cart contains contamination more than the acceptable limits and
beyond the level manageable via means of site resource allocation, the bin
will be locked closed and picked up to have contents picked up and taken
to the nearest CFW drop site to be discarded in the general refuse
iii. The cart will then be washed and returned to service as normal
Vendor Services Agreement
Cowboy Compost, LLC
11
Page 92 of 101
Examples of Contamination
The following list cannot be considered all-inclusive and is only provided as a guide, as there are
potentially thousands of items that can be considered contaminants to compost raw inputs:
Metals of any kind
Aluminum or tin cans
Foils of any kind
Aluminum pans or baking dishes
Plastics of any kind
Plastic bottles
Plastic wraps
Plastic tags (including those often found on vegetables)
Plastic utensils or other dinnerware
Plastic bags
Plastic plates
Plastic gloves
Animal waste
Human waste
Common healthcare items such as dental floss, cotton swabs, diapers, and other hygiene products
Grease or oils in any amount
Raw meats
Chewing gum
Styrofoam
Microwave popcorn bags
Frozen food packaging
Paper bags
Pizza boxes
Any item that is not food waste
While there are a number of great compostable products available, such as compostable "to -go"
containers from restaurants, these cannot be accepted at this time through this program. Many of
these products are listed as "biodegradable" or "compostable" but in reality, are not, and it is
impossible to police these inputs. This was the decision reached by CFW staff at the outset of
this program, and Cowboy Compost is supportive of the continuation of this parameter.
Reporting
Cowboy Compost currently collects weight and contamination data on all customers. Monthly
reporting of weight and volume will be reported in a manner most useful to the city.
A sample report will be included in with this submission. Since 2016 when the company was
formed, we have diverted nearly 40,000,000 pounds of organic material.
12
Vendor Services Agreement Page 93 of 101
Cowboy Compost, LLC
Exhibit A - Scope of Services
A. Providing 64-gallon Carts
Cowboy Compost prefers to use 64-gallon carts in its operations. We practice a container
tipping process wherein the containers are tipped into a collection system and then washed
onsite. For this Food Waste Drop -Off Location Program, we would expect to do the same. The
city would provide locks for carts, and Cowboy Compost will ensure that the carts are lockable
by a combination padlock. The city's provision of padlocks will ensure continuity with the
current program, as the city is the owner of the program and the locking of the carts serves as the
interphase of city control and vendor service.
However, to ease the transition of the program, Cowboy Compost can provide the locks to the
city at a cost provided in Exhibit B, below, which includes reference to the Bid Table provided
by the city.
To ensure the continuity of the program, and to not foster confusion among residents, we believe
it best for the city to continue to provide the carts, as they are of a specific color, with CFW
branding.
It is the presumption of this proposer that the current carts utilized within the current nroeram
will remain in place, as these are CFW branded, and compost waste stream specifically marked
durable containers.
To this end, the Preliminary Responses and the first set of figures of the Additional Responses
sections of the Bid Table reflect pricing as such.
If, however, the city desires and so chooses for the contractor to replace the program's existing
carts, and provide new carts moving forward, this pricing is available in the second set of figures
in the Additional Responses tab of the Bid Table.
13
Vendor Services Agreement Page 94 of 101
Cowboy Compost, LLC
B. Contaminated Carts
As specified in section l.v. of document RFP-06, a gradient of responses pertaining to
contaminated carts shall be discussed here.
Throughout the program thus far, contamination is typically not an overriding issue, though there
is always the specter of contamination when dealing with food -specific waste streams. To note:
as described above, there are two methods for dealing with contaminated carts, as can best be
ascertained by this proposer, and the associated costs are listed in the Bid Table.
For clarity, the disposal of contaminated cart contents for carts located at CFW drop stations is
addressed in the Primary Responses tab of the Bid Table. The disposal of contaminated cart
contents for carts not located at CFW drop stations is addressed in the Additional Responses"
tab of the Bid Table.
Potential Locations
With the input of the selected Contractor(s), the City will designate at a minimum three (3)
locations (current count is twenty-one) and up to forty (40) locations to serve as residential drop-
off locations for the Contractor(s) to pick up the carts filled with food scraps.
A. Collection and Frequency
The collection schedule currently in place is weekly for most sites, except for 5 sites, at which
larger amounts of food waste is collected and increased numbers of carts is not feasible, and
excepting of two sites that are on an "on -call' basis.
We predict that this schedule shall remain in place, so long as this scenario is most advantageous
to the city, and we stand ready to change frequencies as needed and directed.
"Exhibit B" of this Proposal will detail the pricing scenarios of different collection models.
14
Vendor Services Agreement Page 95 of 101
Cowboy Compost, LLC
B. Education and Outreach
Education and follow-up are crucial to the success of implementing any compost program at any
organization at any scale. Cowboy Compost balances the "whys" and the "hows" when
educating our clients about composting. We have presentations, printed material, and written
instructions that we offer for our clients. If selected for this program, we would look forward to
providing input as needed to the city to develop educational material specific to the Food Waste
Drop -Off locations.
C. Insurance
Cowboy Compost currently operates with at least the minimum liability coverage expected of
municipal contractors. Upon winning the bid, we will supply the requisite information.
15
Vendor Services Agreement Page 96 of 101
Cowboy Compost, LLC
Exhibit B - Pricing Schedule
Pricing will be put forth as "per cart", meaning that all services, except for long distance trips,
ancillary items such as locks, or other secondary services that may be requested, will be charged
per cart.
The Bid Table contains preloaded items, as presented on the Primary Responses and Additional
Responses tabs.
Regarding this format and our response, the Primary Responses tab contains pricing based upon
the City of Fort Worth continuing to provide the carts involved in this program. The Additional
Responses tab contains pricing based upon this proposer providing carts for the remaining new
locations, and replacement of damaged or unusable existing containers, rendered so due to
general wear and tear or contractor error.
An additional set of entries is available in the Additional Responses tab that reflects the pricing
referenced in the scenario from Exhibit A, section A, above. This set of pricing is listed in the
second set of figures in the Additional Responses tab.
Minimum Scope Pricing Model
All pricing provided herein is provided under the presumption of a minimum quantity award
based Document RFP-05 Exhibit Schedule A or equivalent quantities.
Locks and Cables
As there is no method for adding lines to the Bid Table, and provision of locks by the contractor
has been requested to be proposed, this information is presented here.
Cowboy Compost can provide combination locks and cables, of the same brand, style, size,
durability, or function, as are currently provided by the city itself at the current cost of $30 per
lock and $50 per cable, with pricing adjustability available pursuant to Item 21 of document
RFP-01.
16
Vendor Services Agreement Page 97 of 101
Cowboy Compost, LLC
Replacement carts
In the event a cart that has been provided by the contractor is misplaced, damaged, stolen,
removed, or in any other way rendered unserviceable due to actions beyond the control of the
contractor, replacement carts will be invoiced accordingly, at a current cost of $75 per unit, with
pricing adjustability available pursuant to Item 21 of document RFP-01.
17
Vendor Services Agreement Page 98 of 101
Cowboy Compost, LLC
Exhibit G Educational Material Samples
'! Q
1�
FOOD SCRAPS
FOR COMPOST
ONLY
'_4
RESTOS DE COMiDA
PARA COMPOSTAJE
SOLAMENTE
r
4P 4
COMPOSTARIS
All l.d —M (mews d arykW. pork,µ
fsn, bones, sggs, ddry pA*u grates,M
oils, swrctr W any IaN. A b-9.s, ek.l
� [onoon+hh p�odKu I'aNe'xxe, uemh.
cws Uaurc mled •<ompo5ahle"}
FwdcaiN116r predra lnapNins der ��
1 mxels. caltlhoalC. mlee Idlers and ground:.
!
V .
COMPOST
FOOD WASTE ONLY
Vendor Services Agreement
Cowboy Compost, LLC
18
Page 99 of 101
Primary Responses
Suecas s: All data Is vatidl
Num
U—M.n
RFP Z4-Bi16; Food Waste Compost Hauler
Required
Success: All value, provided
Bid
p1-1
Contaroloabon Fee(ovei-25% kfgrosswelghti per
EA 1
$50.00
55C.Co
cart
SuceerS: All values prewded
Bid
.1-2
Long dlstancetrip charge
Mlles 1
$075
$ C.75
Success All value provided
Bid
#1-3
Pickup, per cart Botanic Gardens
EA 1
$ 19 0n
$ 15 on
Success: All values prowtled
Bid
#1-4
Pick up, per cart, roster Par[
EA 1
$ 1d o0
S 1800
Success: All values provided
Bid
91-5
Pick up, per Cali, Fairmount Park
EA 1
$ 18 00
$ 18 00
Suceess All values provided
Bid
#1-6
Pick up, percart, Hertwood Park Tennis Courts
EA 1
$ 19 00
$ is 00
Success: All values provided
Bid
-7
Pick up, per cart, River Park
EA 1
$ IMc
$ 10 AC
Success: All values provided
Bid
#1-0
Pick up, percent, Brennan DOS
EA 1
$ 15.00
51em
Suc—S All values Pr*Mdad
Bid
01-9
Pick up, per cart, South&MDOS
EA 1
$ 1t.ou
$ it1.00
Sucre..: All values pr-cled
Bid
u1-10
Pick up, percart, Old Hemphill DOS
EA 1
$ 18 on
$ 1a on
6uccesc All valuer provided
Bid
#1-11
Pick up, percart Hillshim 008
EA 1
$ 10.00
$ 1SAo
Success: Ak values prdwded
Bid
d1-1a
Pickup, percent, Envi ronmcntal Collection
EA
1 ale no
$18 o0
Center
SUCCOSS: All values prewded
Bid
a1-13
Pick up, per cart, Northwest Library
EA
1 $ I8.o0
$ 1e.00
6ucce66: All values prewdad
Bid
#1-Ic
Pick up, per can, City Hall
EA
1 $ 10 00
$ 10 no
Success: All values provided
Bid
41.15
Pick up, per cart, Chisholm Trail Park
EA
1 $ 18.00
$ 10 00
Success: All values provided
Bid
41-16
Pick up, per cart, Walsh Community Garden
EA
1 $ 18 00
$ 18 no
Success: All values provided
Bid
01-17
Pickup, per cart, Golden Triangle Library
EA
I $ It.ou
$ 1b.0u
success: All Vdlues P—dad
Bid
a1-iB
Pick up, per cart, Eil is Park
EA
1 $ 18 00
$ 18 u0
success: All valpeS Prowled
Bid
Fi-i=
Pick up, per can, Alliance Park
EA
I $ IO no
$ 10 go
6uccecc. All values provided
Bid
, 23
Pick up, pr cart, Rldglea Christian Church
EA
1 $ 13 on
$ 1e on
Pick up, per can, Handley MeadoMmok
Succe66: All vaues prowled
Bid
#1-21
Community Center
eA
1 $ It 0o
$16 o0
Succes,: All values provided
Bid
e1-22
Pick up, per cart, Hazel Harvey Peace Canterfor
EA
i $ It 00
$ 1000
Neighborhoods
Pick up, par.., Diamond Hill Community
success: All values prowled
Bld
z1.za
Center for Neighborhoods
EA
I $ IS no
$ to 00
Vendor Services Agreement Page 100 of 101
Cowboy Compost, LLC
EXHIBIT F
VERIFICATION OF SIGNATURE AUTHORITY
COWBOY COMPOST LLC
4105 ARAGON DRIVE
FORT WORTH TX 76133
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
shall 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.
Name:
Position:
Signature
2. Name:
Position:
Signature
Name:
Position:
Signature
Name: Johanna Paschal
Jo nna Paschal (May 9, 2024 17:45 CDT)
Signature of President / CEO
Other Title:
Date: May 9, 2024
Vendor Services Agreement Page 101 of 101
Cowboy Compost, LLC