HomeMy WebLinkAboutContract 62372CSCO 62372
FORT WO H.
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NON-EXCLUSIVE CONTRACTOR SERVICES AGREEMENT
This NON-EXCLUSIVE CONTRACTOR 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 DREAMWIZARD,
INC., ("Contractor") a Texas corporation and acting by and through its duly authorized representative, each
individually referred to as a "party" and collectively referred to as the "parties."
AGREEMENT DOCUMENTS:
The Agreement documents shall include the following:
1. This Non -Exclusive Contractor Services Agreement;
2. Exhibit A — Scope of Services;
3. Image A- Property Sign Identification;
4. Exhibit B — Payment Schedule;
5. Exhibit C —M&C 24-0862; and
6. Exhibit D — Form 1295
Image A and Exhibits A through D, which are attached hereto and incorporated herein, are made a part of
this Agreement for all purposes.
1. Scone of Services. Contractor shall provide mowing services, including all necessary labor, material,
and equipment, to privately -owned properties on behalf of the City's Code Compliance Department. ("Services'), which
are set forth in more detail in Exhibit "A," are attached hereto and incorporated herein for all purposes.
2. Term. The initial term of this Agreement is for one year, ("Effective Date"), unless
terminated earlier in accordance with this Agreement ("Initial Term"). City will have the option, in its sole
discretion, to renew this Agreement under the same terms and conditions, for up to 4 one-year renewal
options (each a "Renewal Term").
3. Comnensation.
3.1 City will pay Contractor in accordance with the provisions of this Agreement, including
Exhibit B, which is attached hereto and incorporated herein for all purposes. Contractor
understands and agrees that the City has entered into non-exclusive agreements with
multiple parties for the services described in this agreement. Contractor further understands
that the total cost for the Initial Term of this Agreement shall not exceed Fifty Thousand
dollars ($50,000.00). The City is only responsible for paying for services actually received
and does not guarantee a certain amount of business by entering into this Agreement. The
Fee shall be compensation for all Services actually received.
3.2 City will pay Contractor in accordance with the Prompt Payment Act (Chapter
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DreamWizard, Inc. OFFICIAL RECORD Pagel of22
CITY SECRETARY
FT. WORTH, TX
2251 of the Texas Government Code) and provisions of this Agreement, including Exhibit
"B," which is attached hereto and incorporated herein for all purposes.
3.3 Contractor will not perform any additional services or bill for expenses incurred
for City not specified by this Agreement unless City requests and approves in writing the
additional costs for such services. City will not be liable for any additional expenses of
Contractor not specified by this Agreement unless City first approves such expenses in
writing.
4. Termination.
4.1. Written Notice. City or Contractor may terminate this Agreement at any time and
for any reason by providing the other party with at least 30 days' written notice of termination.
4.2 Non-aDDronriation of Funds. In the event no funds or insufficient funds are
appropriated by City in any fiscal period for any payments due hereunder, City will notify
Contractor of such occurrence and this Agreement will terminate on the last day of the fiscal period
for which appropriations were received without penalty or expense to City of any kind whatsoever,
except as to the portions of the payments herein agreed upon for which funds have been
appropriated.
4.3 Duties and Oblisations of the Parties. In the event that this Agreement is terminated
prior to the Expiration Date, City will pay Contractor for services actually rendered up to the
effective date of termination and Contractor will continue to provide City with services requested
by City and in accordance with this Agreement up to the effective date of termination. Upon
termination of this Agreement for any reason, Contractor will provide City with copies of all
completed or partially completed documents prepared under this Agreement. In the event
Contractor has received access to City Information or data as a requirement to perform services
hereunder, Contractor will return all City provided data to City in a machine readable format or
other format deemed acceptable to City.
5. Disclosure of Conflicts and Confidential Information.
5.1 Disclosure of Conflicts. Contractor hereby warrants to City that Contractor has
made full disclosure in writing of any existing or potential conflicts of interest related to
Contractor's services under this Agreement. In the event that any conflicts of interest arise after the
Effective Date of this Agreement, Contractor hereby agrees immediately to make full disclosure to
City in writing.
5.2 Confidential Information. Contractor, for itself and its officers, agents and
employees, agrees that it will treat all information provided to it by City ("City Information") as
confidential and will not disclose any such information to a third party without the prior written
approval of City.
5.3 Public Information Act. City is a government entity under the laws of the State of
Texas and all documents held or maintained by City are subject to disclosure under the Texas Public
Information Act. In the event there is a request for information marked Confidential or Proprietary,
City will promptly notify Contractor. It will be the responsibility of Contractor to submit reasons
objecting to disclosure. A determination on whether such reasons are sufficient will not be decided
by City, but by the Office of the Attorney General of the State of Texas or by a court of competent
jurisdiction.
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5.4 Unauthorized Access. Contractor must store and maintain City Information in a
secure manner and will not allow unauthorized users to access, modify, delete or otherwise corrupt
City Information in any way. Contractor 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, Contractor will, in good faith, use all commercially reasonable efforts to cooperate with City
in identifying what information has been accessed by unauthorized means and will fully cooperate
with City to protect such City Information from further unauthorized disclosure.
6. Right to Audit. Contractor agrees that City will, until the expiration of three (3) years after
final payment under this Agreement, or the final conclusion of any audit commenced during the said three
years, have access to and the right to examine at reasonable times any directly pertinent books, documents,
papers and records, including, but not limited to, all electronic records, of Contractor involving transactions
relating to this Agreement at no additional cost to City. Contractor agrees that City will have access during
normal working hours to all necessary Contractor facilities and will be provided adequate and appropriate
work space in order to conduct audits in compliance with the provisions of this section. City will give
Contractor reasonable advance notice of intended audits.
7. Indeuendent Contractor. It is expressly understood and agreed that Contractor will
operate as an independent contractor as to all rights and privileges and work performed under this
Agreement, and not as agent, representative or employee of City. Subject to and in accordance with the
conditions and provisions of this Agreement, Contractor will have the exclusive right to control the details
of its operations and activities and be solely responsible for the acts and omissions of its officers, agents,
servants, employees, Contractors, and subcontractors. Contractor acknowledges that the doctrine of
respondeat superior will not apply as between City, its officers, agents, servants and employees, and
Contractor, its officers, agents, employees, servants, contractors, and subcontractors. Contractor further
agrees that nothing herein will be construed as the creation of a partnership or joint enterprise between City
and Contractor. It is further understood that City will in no way be considered a Co -employer or a Joint
employer of Contractor or any officers, agents, servants, employees, contractors, or subcontractors. Neither
Contractor, nor any officers, agents, servants, employees, contractors, or subcontractors of Contractor will
be entitled to any employment benefits from City. Contractor will be responsible and liable for any and all
payment and reporting of taxes on behalf of itself, and any of its officers, agents, servants, employees, or
contractors.
Liabilitv and Indemnification.
8.1 LIABILITY- CONTRACTOR WILL BE LIABLE AND RESPONSIBLE FOR
ANY AND ALL PROPERTY LOSS, PROPERTY DAMAGE AND PERSONAL INJURY,
INCLUDING, INCLUDING, BUT NOT LIMITED TO, DEATH, TO ANY AND ALL
PERSONS, OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, TO THE
EXTENT CAUSED BY THE NEGLIGENT ACT(S) OR OMISSION(S), MALFEASANCE OR
INTENTIONAL MISCONDUCT OF CONTRACTOR, ITS OFFICERS,
REPRESENTATIVES, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, OR
SUBCONTRACTORS.
8.2 GENERAL INDEMNIFICATION- CONTRACTOR HEREBY COVENANTS
AND AGREES TO INDEMNIFY, HOLD HARMLESS, AND DEFEND CITY, ITS
OFFICERS, AGENTS, REPRESENTATIVES, SERVANTS, AND EMPLOYEES, FROMAND
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 CONTRACTOR'S BUSINESS AND ANY
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RESULTING LOST PROFITS) AND PERSONAL INJURY, INCLUDING, BUT NOT
LIMITED TO, DEATH, TO ANY AND ALL PERSONS, ARISING OUT OF OR IN
CONNECTION WITH THIS AGREEMENT, TO THE EXTENT CAUSED BY THE
NEGLIGENT ACTS OR OMISSIONS OR MALFEASANCE OF CONTRACTOR, ITS
OFFICERS, AGENTS, REPRSENTATIVES, SERVANTS, EMPLOYEES, CONTRACTORS,
OR SUBCONTRACTORS.
8.3 INTELLECTUAL PROPERTY INDEMNIFICATION - CONTRACTOR
AGREES TO DEFEND, SETTLE, OR PAY, AT ITS OWN COST AND EXPENSE, ANY
CLAIM OR ACTION AGAINST CITY FOR INFRINGEMENT OF ANY PATENT,
COPYRIGHT, TRADE MARK, TRADE SECRET, OR SIMILAR PROPERTY RIGHT
ARISING FROM CITY'S USE OF THE SOFTWARE OR DOCUMENTATION IN
ACCORDANCE WITH THIS AGREEMENT, IT BEING UNDERSTOOD THAT THIS
AGREEMENT TO DEFEND, SETTLE OR PAY WILL NOT APPLYIF CITYMODIFIES OR
MISUSES THE SOFTWARE AND/OR DOCUMENTATION. SO LONG AS CONTRACTOR
BEARS THE COST AND EXPENSE OF PAYMENT FOR CLAIMS OR ACTIONS AGAINST
CITY PURSUANT TO THIS SECTION, CONTRACTOR WILL HAVE THE RIGHT TO
CONDUCT THE DEFENSE OF ANY SUCH CLAIM OR ACTION AND ALL
NEGOTIATIONS FOR ITS SETTLEMENT OR COMPROMISE AND TO SETTLE OR
COMPROMISE ANY SUCH CLAIM, HOWEVER, CITY WILL HAVE THE RIGHT TO
FULLY PARTICIPATE IN ANY AND ALL SUCH SETTLEMENT, NEGOTIATIONS, OR
LAWSUIT AS NECESSARY TO PROTECT CITY'S INTEREST, AND CITY AGREES TO
COOPERATE WITH CONTRACTOR IN DOING SO. IN THE EVENT CITY, FOR
WHATEVER REASON, ASSUMES THE RESPONSIBILITY FOR PAYMENT OF COSTS
AND EXPENSES FOR ANY CLAIM OR ACTION BROUGHT AGAINST CITY FOR
INFRINGEMENT ARISING UNDER THIS AGREEMENT, CITY WILL HAVE THE SOLE
RIGHT TO CONDUCT THE DEFENSE OF ANY SUCH CLAIM OR ACTION AND ALL
NEGOTIATIONS FOR ITS SETTLEMENT OR COMPROMISE AND TO SETTLE OR
COMPROMISE ANY SUCH CLAIM, HOWEVER, CONTRACTOR WILL FULLY
PARTICIPATE AND COOPERATE WITH CITY IN DEFENSE OF SUCH CLAIM OR
ACTION. CITY AGREES TO GIVE CONTRACTOR TIMELY WRITTEN NOTICE OF ANY
SUCH CLAIM OR ACTION, WITH COPIES OF ALL PAPERS CITY MAY RECEIVE
RELATING THERETO. NOTWITHSTANDING THE FOREGOING, CITY'S ASSUMPTION
OF PAYMENT OF COSTS OR EXPENSES WILL NOT ELIMINATE CONTRACTOR'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,
CONTRACTOR WILL, AT ITS OWN EXPENSE AND AS CITY'S SOLE REMEDY, EITHER:
(A) PROCURE FOR CITY THE RIGHT TO CONTINUE TO USE THE SOFTWARE AND/OR
DOCUMENTATION; OR (B) MODIFY THE SOFTWARE AND/OR DOCUMENTATION TO
MAKE IT NON -INFRINGING, PROVIDED THAT SUCH MODIFICATION DOES NOT
MATERIALLY ADVERSELY AFFECT CITY'S AUTHORIZED USE OF THE SOFTWARE
AND/OR DOCUMENTATION, OR (C) REPLACE THE SOFTWARE AND
DOCUMENTATION WITH EQUALLY SUITABLE, COMPATIBLE, AND FUNCTIONALLY
EQUIVALENT NON- INFRINGING SOFTWARE AND DOCUMENTATION AT NO
ADDITIONAL CHARGE TO CITY, OR (D) IF NONE OF THE FOREGOING
ALTERNATIVES IS REASONABLY AVAILABLE TO CONTRACTOR TERMINATE THIS
AGREEMENT, AND REFUND ALL AMOUNTS PAID TO CONTRACTOR BY CITY,
SUBSEQUENT TO WHICH TERMINATION CITY MA Y SEEK ANY AND ALL REMEDIES
AVAILABLE TO CITY UNDER LAW.
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Assignment and Subcontracting.
9.1 Assianment. Contractor will not assign or subcontract any of its duties, obligations
or rights under this Agreement without the prior written consent of City. If City grants consent to
an assignment, the assignee will execute a written agreement with City and Contractor under which
the assignee agrees to be bound by the duties and obligations of Contractor under this Agreement.
Contractor will be liable for all obligations of Contractor under this Agreement prior to the effective
date of the assignment.
9.2 Subcontract. If City grants consent to a subcontract, the subcontractor will execute
a written agreement with Contractor referencing this Agreement under which subcontractor agrees
to be bound by the duties and obligations of Contractor under this Agreement as such duties and
obligations may apply. Contractor must provide City with a fully executed copy of any such
subcontract.
10. Insurance. Contractor must provide City with certificate(s) of insurance documenting
policies of the following types and minimum coverage limits that are to be in effect prior to commencement
of any Services pursuant to this Agreement:
10.1 Coverage and Limits
(a) Commercial General Liability:
$1,000,000 - Each Occurrence
$2,000,000 - Aggregate
(b) Automobile Liability:
$1,000,000 - Each occurrence on a combined single limit basis
Coverage will be on any vehicle used by Contractor, or its employees, agents, or
representatives in the course of providing Services under this Agreement. "Any
vehicle" will be any vehicle owned, hired and non -owned.
(c) Worker's Compensation:
Statutory limits according to the Texas Workers' Compensation Act or any other
state workers' compensation laws where the Services are being performed
Employers' liability
$100,000 - Bodily Injury by accident; each accident/occurrence
$100,000 - Bodily Injury by disease; each employee
$500,000 - Bodily Injury by disease; policy limit
(d) Professional Liability (Errors & Omissions): I❑l Applicable I❑J N/A
$1,000,000 - Each Claim Limit
$1,000,000 - Aggregate Limit
Professional Liability coverage may be provided through an endorsement to the
Commercial General Liability (CGL) policy, or a separate policy specific to
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Professional E&O. Either is acceptable if coverage meets all other requirements.
Coverage must be claims -made, and maintained for the duration of the contractual
agreement and for two (2) years following completion of services provided. An
annual certificate of insurance must be submitted to City to evidence coverage.
10.2 General Requirements
(a) The commercial general liability and automobile liability policies must
name City as an additional insured thereon, as its interests may appear. The term
City includes its employees, officers, officials, agents, and volunteers in respect to
the contracted services.
(b) The workers' compensation policy must include a Waiver of Subrogation
(Right of Recovery) in favor of City.
(c) A minimum of Thirty (30) days' notice of cancellation or reduction in
limits of coverage must be provided to City. Ten (10) days' notice will be
acceptable in the event of non-payment of premium. Notice must be sent to the
City in accordance with the notice provision of this Agreement.
(d) The insurers for all policies must be licensed and/or approved to do
business in the State of Texas. All insurers must have a minimum rating of A- VII
in the current A.M. Best Key Rating Guide, or have reasonably equivalent financial
strength and solvency to the satisfaction of Risk Management. If the rating is below
that required, written approval of Risk Management is required.
(e) Any failure on the part of City to request required insurance
documentation will not constitute a waiver of the insurance requirement.
(f) Certificates of Insurance evidencing that Contractor has obtained all
required insurance will be delivered to the City prior to Contractor proceeding with
any work pursuant to this Agreement.
11. Compliance with Laws, Ordinances, Rules and Regulations. Contractor agrees that in
the performance of its obligations hereunder, it will comply with all applicable federal, state and local laws,
ordinances, rules and regulations and that any work it produces in connection with this Agreement will also
comply with all applicable federal, state and local laws, ordinances, rules and regulations. If City notifies
Contractor of any violation of such laws, ordinances, rules or regulations, Contractor must immediately
desist from and correct the violation.
12. Non -Discrimination Covenant. Contractor, for itself, its personal representatives,
assigns, contractors, subcontractors, and successors in interest, as part of the consideration herein, agrees
that in the performance of Contractor's duties and obligations hereunder, it will not discriminate in the
treatment or employment of any individual or group of individuals on any basis prohibited by law. IF ANY
CLAIM ARISES FROM AN ALLEGED VIOLATION OF THIS NON-DISCRIMINATION
COVENANT BY CONTRACTOR, ITS PERSONAL REPRESENTATIVES, ASSIGNS,
CONTRACTORS, SUBCONTRACTORS, OR SUCCESSORS IN INTEREST, CONTRACTOR
AGREES TO ASSUME SUCH LIABILITY AND TO INDEMNIFY AND DEFEND CITY AND
HOLD CITY HARMLESS FROM SUCH CLAIM.
13. Notices. Notices required pursuant to the provisions of this Agreement will be conclusively
determined to have been delivered when (1) hand -delivered to the other party, its agents, employees,
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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
100 Fort Worth Trail
Fort Worth, TX 76102
With copy to Fort Worth City Attorney's Office at
same address
To CONTRACTOR:
James Starks
DreamWizard, Inc.
302 Hollow Branch Drive
Royse City, TX 75189-5338
14. Solicitation of Emulovees. Neither City nor Contractor will, during the term of this
Agreement and additionally for a period of one year after its termination, solicit for employment or employ,
whether as employee or independent contractor, any person who is or has been employed by the other
during the term of this Agreement, without the prior written consent of the person's employer.
Notwithstanding the foregoing, this provision will not apply to an employee of either party who responds
to a general solicitation of advertisement of employment by either party.
15. Governmental Powers. It is understood and agreed that by execution of this Agreement,
City does not waive or surrender any of its governmental powers or immunities.
16. No Waiver. The failure of City or Contractor 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 Contractor's respective right to insist upon appropriate performance or to assert any such right on any
future occasion.
17. Governing Law / Venue. This Agreement will be construed in accordance with the laws
of the State of Texas. If any action, whether real or asserted, at law or in equity, is brought pursuant to this
Agreement, venue for such action will lie in state courts located in Tarrant County, Texas or the United
States District Court for the Northern District of Texas, Fort Worth Division.
18. Severability. If any provision of this Agreement is held to be invalid, illegal or
unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be
affected or impaired.
19. Force Mai eure. City and Contractor will exercise their best efforts to meet their respective
duties and obligations as set forth in this Agreement, but will not be held liable for any delay or omission
in performance due to force maj eure 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
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suspended during the period of, and only to the extent of, such prevention or hindrance, provided the
affected Party provides notice of the Force Majeure Event, and an explanation as to how it prevents or
hinders the Party's performance, as soon as reasonably possible after the occurrence of the Force Majeure
Event, with the reasonableness of such notice to be determined by the City in its sole discretion. The notice
required by this section must be addressed and delivered in accordance with Section 13 of this Agreement.
20. Headings not Controlling. Headings and titles used in this Agreement are for reference
purposes only, will not be deemed a part of this Agreement, and are not intended to define or limit the scope
of any provision of this Agreement.
21. Review of Counsel. The parties acknowledge that each party and its counsel have
reviewed and revised this Agreement and that the normal rules of construction to the effect that any
ambiguities are to be resolved against the drafting party will not be employed in the interpretation of this
Agreement or Exhibits A and B.
22. Amendments / Modifications / Extensions. No amendment, modification, or extension
of this Agreement will be binding upon a party hereto unless set forth in a written instrument, which is
executed by an authorized representative of each party.
23. Counterparts. This Agreement may be executed in one or more counterparts and each
counterpart will, for all purposes, be deemed an original, but all such counterparts will together constitute
one and the same instrument.
24. Warranty of Services. Contractor warrants that its services will be of a high quality and
conform to generally prevailing industry standards. City must give written notice of any breach of this
warranty within thirty (30) days from the date that the services are completed. In such event, at Contractor's
option, Contractor will either (a) use commercially reasonable efforts to re -perform the services in a manner
that conforms with the warranty, or (b) refund the fees paid by City to Contractor for the nonconforming
services.
25. Immigration Nationalitv Act. Contractor 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, Contractor will provide City with copies of all I-
9 forms and supporting eligibility documentation for each employee who performs work under this
Agreement. Contractor 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 Contractor employee who is not legally eligible
to perform such services. CONTRACTOR WILL INDEMNIFY CITY AND HOLD CITY
HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF
THIS PARAGRAPH BY CONTRACTOR, CONTRACTOR'S EMPLOYEES, CONTRACTORS,
SUBCONTRACTORS, OR AGENTS. City, upon written notice to Contractor, will have the right to
immediately terminate this Agreement for violations of this provision by Contractor.
26. Ownership of Work Product. City will be the sole and exclusive owner of all reports,
work papers, procedures, guides, and documentation that are created, published, displayed, or produced in
conjunction with the services provided under this Agreement (collectively, "Work Product"). Further, City
will be the sole and exclusive owner of all copyright, patent, trademark, trade secret and other proprietary
rights in and to the Work Product. Ownership of the Work Product will inure to the benefit of City from the
date of conception, creation or fixation of the Work Product in a tangible medium of expression (whichever
occurs first). Each copyrightable aspect of the Work Product will be considered a "work -made -
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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, Contractor 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 Contractor.
Each party is fully entitled to rely on these warranties and representations in entering into this Agreement
or any amendment hereto.
28. Change in Comnanv Name or Ownership. Contractor 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 Contractor 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 Contractor has fewer than 10 employees or this Agreement is
for less than $100,000, this section does not apply. Contractor acknowledges that in accordance with
Chapter 2271 of the Texas Government Code, the City is prohibited from entering into a contract with a
company for goods or services unless the contract contains a written verification from the company that it:
(1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott
Israel" and "company" has the meanings ascribed to those terms in Section 2271 of the Texas Government
Code. By signing this Agreement, Contractor certifies that Contractor's signature provides written
verification to the City that Contractor: (1) does not boycott Israel; and (2) will not boycott Israel
during the term of the Agreement.
30. Prohibition on Bovcotting Energv Companies. Contractor 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 Contractor that it: (1) does not boycott energy companies; and (2) will 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, Contractor certifies that
Contractor's signature provides written verification to the City that Contractor: (1) does not boycott energy
companies; and (2) will not boycott energy companies during the term of this Agreement.
31. Prohibition on Discrimination Against Firearm and Ammunition Industries.
Contractor 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 Contractor that it: (1) does
not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade
association; and (2) will not discriminate during the term of the contract against a firearm entity or firearm
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trade association. To the extent that Chapter 2274 of the Government Code is applicable to this Agreement,
by signing this Agreement, Contractor certifies that Contractor's signature provides written verification to
the City that Contractor: (1) does not have a practice, policy, guidance, or directive that discriminates
against a firearm entity or firearm trade association; and (2) will not discriminate against a firearm entity
or firearm trade association during the term of this Agreement.
32. Electronic Signatures. This Agreement may be executed by electronic signature, which
will be considered as an original signature for all purposes and have the same force and effect as an original
signature. For these purposes, "electronic signature" means electronically scanned and transmitted versions
(e.g. via pdf file or facsimile transmission) of an original signature, or signatures electronically inserted via
software such as Adobe Sign.
33. Entirety of Agreement. This Agreement contains the entire understanding and agreement
between City and Contractor, 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.
34. Comuliance with Public Information Act Reauests. The requirements of Subchapter J,
Chapter 552, Government Code, may apply to this Agreement and contractor agrees that
the Agreement can be terminated if Contractor knowingly or intentionally fails to comply
with a requirement of that subchapter. Contractor acknowledges that section 552.1371 of the
Texas Government Code applies to this Agreement if: (1) this Agreement has a stated expenditure
of at least $1 million in public funds for the purchase of good or services by the City; or (2) this
Agreement results in the expenditure of at least $1 million in public funds for the purchase of
goods or services by the City in a fiscal year of the City. To the extent that section 552.371 of the
Texas Government Code applies to this Agreement, Contractor shall comply with section 552.372
of the Texas Government Code by: (1) preserving all contracting information relating to this
Agreement as provided by the records retention requirements applicable to the City for the
duration of the Agreement; (2) promptly providing the City any contracting information related to
this Agreement that is in the custody or possession of Contractor on request of the City; and (3)
on completion of the Agreement, either (a) providing at no cost to the City all contracting
information related to the Agreement that is in the custody or possession of Contractor; or (b)
preserving the contracting information relating to the Agreement as provided by the retention
requirements application to the City.
(signature page follows)
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement to be effective on
the date set forth in Section 2.
City:
04-W"_1.
By:
Valerie Washington (Nov 27, 2024 12:20 CST)
Name: Valerie Washington
Title: Assistant City Manager
Date: 11 /27/2024
Contractor:
By:
James Starks (Nov 20, 202413:59 CST)
Name: James Starks
Title: Owner
Date: 11 /20/2024
FOR CITY OF FORT WORTH INTERNAL PROCESSES:
Approval Recommended:
Shannon Elder
By: 2 CST)
Name: Shannon Elder
Title: Deputy Code Compliance Director
Approved as to Form and Legality
By:
Name: Amarna Muhammad
Title: Assistant City Attorney
Contract Authorization:
M&C: 24-0862
Form 1295: 2024-1199892
Non -Exclusive Contractor Services Agreement
DreamWizard, Inc.
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: Tony Hiller
Title: Code Compliance Superintendent
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City Secretary:
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By:
Name: Jannette Goodall
Title: City Secretary
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Page 11 of 22
EXHIBIT A
SCOPE OF SERVICES
1) SCOPE
Contractor shall provide all necessary labor, material, and equipment to provide mowing services
to privately -owned properties for the City of Fort Worth (City), Code Compliance Department.
Contractor is required to meet all specifications listed herein as minimum requirements, and is
required to submit a firm, fixed cost for all services deliverable under the terms of this Agreement
and Exhibit.
2) EQUIPMENT
a) Contractor shall have available all equipment and material upon arrival at job site or
prove that Contractor has access to all equipment necessary to perform all work outlined
in this Agreement. Failure to do so is cause for rejection of a bid and/or breach of
contract.
b) Contractor shall provide a list of machinery and equipment that they propose to use in the
execution of the Agreement. See Attachment I, Vendor Qualification Questionnaire. This
list will be used to determine whether or not the bidder can adequately perform the
required work. All equipment the bidder anticipates committing to this contract should be
included in the listing.
c) Contractor should have adequate back-up equipment or plan to allow for breakdowns.
d) Insufficient and/or inadequate equipment as determined by the City is cause for rejection
of a bid. The City reserves the right to thoroughly inspect and investigate the
establishment, facilities, business reputation, and other qualification of any bidder and
reject any bid, irrespective of price, if it shall be determined lacking in any of the
essentials necessary to assure acceptable standards of performance.
e) All equipment shall be in good repair at all times and be operated by a responsible
employee of the vendor.
3) CONTRACTOR REQUIREMENTS
a) Contractor must be in good standing with the City of Fort Worth. Contractor will have no
outstanding tickets, warrants or other legal obligation prior to work assignments.
b) Provide list of equipment and maintain listed equipment throughout contract year.
Contractor is subject to inspection by department staff at time of renewal.
4) DEFINITIONS
a) ADEQUATE WORK FORCE: Sufficient equipment, supplies, and personnel to deploy at
least three (3) work crews to three (3) different work sites at the same time.
b) ALLEY/ALLEYWAYS: A narrow passageway, lane or right-of-way (ROW), especially
one running between or behind buildings.
c) CODE COMPLIANCE DEPARTMENT OFFICIAL: The Director of the City of Fort
Worth Code Compliance Department or designee.
Non -Exclusive Contractor Services Agreement
DreamWizard, Inc. Page 12 of22
d) CULTIVATE: To loosen or break the soil around growing plants, or to foster the growth
of a plant.
e) EASEMENTS: A right-of-way across a property that may be owned by another or the
City.
f) 48 INCH WEEDS: A parcel of land on which at least 75% of the high grass and weeds
are 48 inches or greater.
g) GROUNDS MAINTENANCE PROJECT: The area identified and defined in a Code
Compliance work order that describes the work to be completed as described in this
Agreement.
h) IMMEDIATE MOW: A request for mowing services to be performed within 24 hours of
notification.
i) IMPROVED PROPERTY: Property that contains a residence, building, or other structure
used for human habitation, or storage of equipment or materials.
j) MEASURING IMPLEMENT: A measuring device approved by the Contract
Administrator, used in photographic evidence, to clearly distinguish the height of the
grass/weeds on the parcel(s) to be mowed. See Image A.
i) All measuring devices shall be inspected and approved by the contract administrator or
the department's designee within fifteen (15) working days after awarding of the
Agreement. Any replacement device shall be approved prior to the device being used
k) LINEAR FOOT: An area one foot (12") in length by three feet (36") in width
1) PARCEL OF LAND: Lots, tracts, or acres of land that are titled under ownership as
provided by the Tarrant Appraisal District (TAD) and Tarrant County ownership records.
m) PARKWAYS: The area of public right-of-way located between the curb or edge of
pavement and the property line.
n) PRICE DETERMINATION: Work orders will be based on individual TAD account
numbers and work completed will be priced as stated in the Mowing Bid Sheet. The
square footage for the right of ways, parkways, and easements will not be added into the
square footage for the parcel of land.
o) PROPERTY IDENTIFICATION SIGN: A sign attached to the measuring device that
provides information includes the date the property is mowed, TAD number and
violation number. See Image A.
p) RIGHT-OF-WAY (ROW): A narrow length of land, street, roadway, alley, sidewalk, or
other property that provides a lawful route that may be used by the public.
q) TRASH & LITTER: Any debris within the grounds maintenance project area including,
but not limited to, paper, plastic, cans, bottles, cardboard, rags, limbs and branches four
Non -Exclusive Contractor Services Agreement
DreamWizard, Inc. Page 13 of22
(4) inches or smaller in diameter.
r) UNCULTIVATED: Plants, flowers, vegetables, or weeds growing without any external
efforts.
s) WARRANT MOWS: Warrants mows must be scheduled with the Warrant Officer and
must be completed within 72 hours of the Courts issuance date. Warrant Officer must be
on- site prior to mowing.
t) WORK ORDER/MOWING TICKET: A Notification of Assignment by which the Code
Compliance Department assigns work to be performed at specific properties having a
valid TAD account number. A work order is considered complete when the property is
abated and the Code Compliance Department has received all required documentation.
u) WORKING DAY: Monday thru Friday, from 8:00 AM to 5:00 PM, excluding holidays.
5) INVOICING REQUIREMENTS
a) All invoices should be submitted directly to the requesting department. It is the
responsibility of the Contractor to get the name of the responsible person, telephone
numbers and address of the department's division at the time the service is requested. The
requesting department is required to issue a purchase order number to the Contractor
during this process.
b) Department determines that the work was accomplished in accordance with the
terms and specifications of the Agreement.
c) An invoice is considered payable when a Code Compliance officer has completed a
visual inspection and determined that the work was accomplished. The City will make
payments within 30 days from the date of acceptance of work.
d) A properly prepared invoice shall be typewritten or computer printed and shall include:
i) Contractor name, federal tax identification number, address, phone number,
invoice number, invoice date, quantities, unit price, and extended cost.
ii) City issued Purchase Order number.
iii) Violation, Tarrant Appraisal District (TAD) number
iv) Date the parcel of land was mowed.
v) Address and size of the parcel of land mowed.
vi) Bid price for mowing the parcel of land and the total payment due.
vi1) Unpaid invoices and/or appeals for work performed must be resolved within 14
days of the invoice date. No previous year invoices will be paid after October
15t'.
Non -Exclusive Contractor Services Agreement
DreamWizard, Inc. Page 14 of22
viii) All invoices must be submitted within 15 days of approval from Code
Compliance officer.
ix) Incomplete or inaccurate invoices may result in delayed payments, as they shall
be returned to the Vendor for correction and re -submittal.
(1) The Contractor shall submit corrected/revised invoices within seven
(7) calendar days of notification from the City.
e) In the event the City overpays or erroneously pays an invoice, the City reserves the right
to seek reimbursement for those payments. The City may withhold future payments in
the amount in question to compensate for overpays or erroneous payments provided:
i) The Contractor will be notified in writing within twenty (20) working days of the
invoice's approval date of the alleged overpay or erroneous payment and the
work order number, the amount being withheld, and an explanation.
ii) The Contractor has the right to appeal the forfeiture. The appeal must be received
within fifteen (15) working days upon the date of the Department's notification.
iii) The City will reimburse all outstanding payments withheld if the Contractor's
appeal is determined to be valid.
iv) It is the responsibility of the Contractor to institute an accounting system to
ensure invoices are not submitted for payment more than one (1) time.
6) PERFORMANCE REQUIREMENTS
a) NOTIFICATION TO CONTRACTOR OF ASSIGNMENT
i) The Code Compliance Department has the sole discretion to determine the
assignment of work orders.
ii) Contractor shall receive notification of their assignments to mow specific parcels
of land. The Contractor will be required to have high-speed access to the Internet
in order to receive and send work orders with attached photographs. Minimum
specifications required are:
(1) Digital cameras capable of at least 1 mega -pixel with image resolution of
1280 x 1224 that adds date stamp on face of picture.
(2) High capacity color printer capable of 200 imprints with map image per
day.
(3) WIRELESS READY- ability to accept work orders and send completed
work orders from a mobile wireless device, laptop, or other similar
equipment.
iii) Work orders will be provided to Contractor(s) electronically via the Internet, and
Code Compliance will receive the completed work orders, with all required
Non -Exclusive Contractor Services Agreement
DreamWizard, Inc. Page 15 of22
documentation, in the same manner.
iv) Contractors will be responsible for ensuring and maintaining compatibility with
the Departments system.
v) Code Compliance reserves the right to accept or deny completed work orders that
are submitted by any other means.
b) PERIOD OF PERFORMANCE
i) The Contractor shall mow all assigned parcels of land within five (5) working
days of receipt of a work order.
ii) The Contractor shall submit completed work orders with all required
documentation to the Code Compliance Department within three (3) work days
of abatement. Abatement is considered the date required on the property
identification sign.
iii) The Contractor shall provide an action plan to catch up on delinquent work
orders if:
(1) The number of delinquent work orders exceeds 15% of the total number
of work orders assigned.
(2) Work orders are over five (5) days late.
iv) The Contractor shall respond to all correspondence (letters, email, text, etc.)
within 24 hours.
v) The Contractor shall resolve all rejected work orders within three (3) working
days.
vi) Work orders that are not completed within the specified timeframe will be
considered in default.
vii) Code Compliance Department may take into account unforeseen circumstances,
such as weather, etc. to determine if a work order is in default and may extend
the default time frame at the Department's discretion.
viii) In the event of default by the Contractor, the City reserves the right to procure the
services from other sources and hold the defaulting Contractor responsible for
any excess costs.
c) INSPECTION REQUIREMENTS
i) Contractor shall inspect each parcel of land prior to its mowing to identify any
special issues (vectors, animals, locked fences and warrant requirement etc.).
ii) If accessibility to the work to be performed is hindered, Contractor shall
immediately report these conditions to the Code Compliance Official prior to
commencement of work.
Non -Exclusive Contractor Services Agreement
DreamWizard, Inc. Page 16 of 22
iii) If a warrant is required on any portion of the property, no portion of the property
will be mowed until the warrant is obtained.
iv) If vector nesting is encountered, the Contractor may take necessary steps to
exterminate the hazard with the approval of a Code Compliance Official.
Contractor shall submit invoices relative to such extermination to Code
Compliance with the appropriate mowing work order.
v) If a parcel of land cannot be mowed for any reason, the Contractor shall submit
the work order to Code Compliance within five (5) working days with a
statement providing justification for not completing the work order.
vi) Code Compliance has the sole discretion to determine whether a work order
should have been closed without completion.
d) PHOTOGRAPHIC EVIDENCE
6.4.1. The Contractor shall:
(1)
Take photographs of each parcel of land prior to commencement of
work; and
1. Immediately after completion of the work from the same location as
the before picture.
(2)
Use a measuring device as described in section 4U).
(3)
Position the measuring device in the photo to accurately show the overall
height of the grass/weeds on the entire property.
(4)
Use the same measuring device in the before and after photos. The
measuring device shall be placed in the grass/weeds to be cut. The device
shall remain in place for the duration of the mow to provide consistent
before and after documentation.
ii) Photographs Shall:
(1) Be in color from a digital camera as described in section 7(a).
(2) Include the same landmarks in both the before and after pictures with the
same angle and scale.
(3) Provide a panoramic view of the property to be mowed.
(4) Show the measuring device in each before. and after photograph. The
before picture will be taken prior to commencement of work that
accurately depicts the average overall height of the grass/weeds on the
property.
(5) Legibly show the identification sign on the measuring device with the
Non -Exclusive Contractor Services Agreement
DreamWizard, Inc. Page 17 of 22
information as described in 40) See Definitions.
iii) Additional photographs shall be taken when the property is over two (2) acres.
The before and after photographs shall reflect all portions of the property mowed.
e) MOWING OPERATION
i) The Contractor does not need to wait to mow if there are personnel on the
premises. Contractors should call Code Compliance officers to have Police
Officers to remove any persons.
ii) The City will provide work orders in measurements of square feet.
iii) The City shall have all large objects such as furniture removed before ordering
mowing service. If there are objects remaining, Contractors should call Code
Compliance Officers to rid the land of any large objects
iv) Contractor shall cut assigned properties upon which weeds, grass and
uncultivated growth exceed height of twelve (12) inches by using any appropriate
means.
(1) On completion of mowing, grass, weeds and uncultivated growth shall be
cut to a height no more than four (4) inches and not less than 1 %2 inches.
Contractor shall ensure that the property is actually mowed and the
vegetation not just pushed over or flattened down.
(2) If an assigned work order is a property that is over two (2) acres, the only
portion of the property to be cut is that section that is one hundred (100)
feet back from the property line or any open public street (inclusive of
any public right of way) and one hundred (100) feet back from any
improved adjoining property.
v) Contractor shall not discharge grass, weeds or debris onto streets, sidewalks,
and/or right of ways. Cut grass and debris that falls or is thrown by equipment
upon the pavement, streets, Curb and gutters, sidewalks, or adjacent properties
through the action of the work crew shall be removed prior to leaving the project
area.
(1) Contractor shall arrange to keep sidewalks and roads open for traffic
whenever possible. Warning signs and barricades shall be furnished and
erected by the Contractor whenever warranted.
vi) Contractor shall mow or trim, at no additional charge to the City, all:
(1) Right of ways (ROW), easements, and parkways adjoined to the parcel
of land.
(2) Around buildings, trees having a diameter greater than two (2) inches,
fences, and obstacles in the right of way (fire hydrants, signs, etc.).
(3) Ditches, dirt mounds, and around vehicles and other obstacles.
vii) When mowing a parcel of land identified by the City as being greater than forty-
eight (48) inches in height, Contractor shall remove grass clippings and clean the
parcel of land after mowing is completed at no additional cost to the City.
(1) Removal of cut grass from the properties with vegetation less than 48-
Non-Exclusive Contractor Services Agreement
DreamWizard, Inc. Page 18 of22
inches will not be required, unless otherwise specified by the Code
Compliance Department.
viii) The Contractor shall remove all trash and litter as defined in section 4(q), prior to
mowing. Trash and litter will be disposed in an approved and lawful manner. The
cost of the disposal will be included in the mowing cost of each parcel, not as a
separate charge
ix) Work orders deemed "an immediate mow" will be paid at the base price for the
parcel plus 20% to compensate for the immediate time requirement. The
Director, Superintendent, or Supervisor of the Code Compliance Department
may authorize immediate mowing of properties.
x) Vacant properties that have been identified as having a history of multiple mows
may have a work order automatically generated. It is the responsibility of the
Contractor to ensure that weeds, grass and uncultivated growth that exceed a
height of twelve (12) inches and meet all terms and specifications of this
Agreement.
xi) Railroad property, utility easements and property in the trusteeship of the City
will not be mowed unless approved by a Code Compliance Official. A cost
estimate must be submitted and approved prior to mowing.
f) Rejection of Contractor's Work
i) The City will evaluate completed work utilizing both photographic and visual
measures. The Code Compliance Official reserves the right to judge and interpret
the quality of the photographs submitted.
ii) Work will be rejected and payment denied for work performed that is not in
accordance with, but not limited to:
(1) Missing or inadequate photographic evidence.
(2) Missing or incomplete work orders.
(3) Mowing of incorrect parcels.
(4) Mowing of only the right-of-way, easements, parkways, or alleyways
without written approval from a Code Compliance Official.
(5) Incomplete or inadequate mowing of assigned work orders.
iii) Contractor's Appeal of Rejected Work Orders
a. Contract may appeal any rejected work to a Code Compliance
Official.
(2) It is the Contractor's responsibility to submit any documentation
necessary in support of the appeal.
All final decisions and agreements will be in writing and provided to the Contractor.
Non -Exclusive Contractor Services Agreement
DreamWizard, Inc. Page 19 of22
Rejected work may be redone and new photographic evidence taken and submitted for
evaluation at no additional expense to the City.
g) Point of Contact
i) Contractor shall designate at least one (1) person as Point of Contact with office
phone or cell phone number for accessibility.
ii) Contractor's Point of Contact shall respond to calls or voicemails within one (1)
hour during normal business hours.
iii) The person designated for this purpose shall be identified in the bid submittals.
iv) Notification of any changes in contact numbers or personnel shall be in writing
and emailed to the Code Compliance Contract Administrator.
h) Other Provisions
i) Contractor shall secure all permits and licenses imposed by laws and ordinance,
pay all charges and fees, and give all notices necessary and incidental to the due
and lawful protection of the work regarding the obstruction of streets and
driveways, maintaining signals and open passageways, and protecting the same
where exposed.
ii) Contractor shall report any damage done to property owned by the City of Fort
Worth or damage to private personal property to the Code Compliance
Department Administrator via by phone or email within (2) hours after
occurrence.
iii) Contractor shall be responsible for providing, maintaining and transporting all
necessary laborers, equipment, and fuel for its use in connection with the
program of mowing described herein.
iv) Contractor shall train sub -contractors or employees to use the safest methods and
equipment available in transporting, mowing, cutting and cleaning operations.
v) All of the Contractor's equipment will be maintained in safe operating condition.
vi) Contractor shall take precautions at all times for protection of person and
property. Safety provision of all applicable laws and ordinances shall be strictly
observed.
ii) Non -Performing Contractor(s)
i) Contractor acknowledges that an Incident Report Form will be used to document
issues of non-performance related to this Agreement. Repeated issues of
performance of the same type (failure to turn in mowing tickets, refusal of work,
etc.) will result in:
a) First Occurrence: When a Contractor fails to perform according to the
Agreement and/or specification, the Code Compliance Department
Director or designee, will document in writing the issues to the
Contractor and arrange a meeting to discuss the problem(s). The
resolution, as agreed upon by the Code Compliance Department and the
Contractor, shall be documented in writing and signed by both parties. A
copy of the resolution will be forwarded to the Purchasing Division.
b) Second Occurrence: If Contractor's performance remains
unsatisfactory, the Code Compliance Department will notify the
Purchasing Division. The Purchasing Division will arrange a meeting to
discuss the problem(s) with the Code Compliance Department, the
Contractor, and Purchasing Division's designee. The Purchasing
Non -Exclusive Contractor Services Agreement
Dreamwizard, Inc. Page 20 of 22
Division's designee will attempt to resolve the problem(s) at the
Purchasing Division level. The Purchasing Division Designee, as agreed
upon by the Code Compliance Department, the Contractor, and the
Purchasing Division, will document the resolution in writing. The "Cure
Notice" letter will be mailed certified to the Contractor. Once the
Contractor has received the certified letter, it will be the Contractor's
responsibility to sign the "Cure Notice" letter and return it to the
Purchasing Division in a timely manner. Once Purchasing Division
receives the signed "Cure Notice", copies will be forwarded to the Code
Compliance Department. Once the Code Compliance Department
receives the copies of the "Cure Notice" from Purchasing Division the
department will begin issuing work orders to the Contractor(s).
c) Third Occurrence: If Contractor's performance remains unsatisfactory,
the Purchasing Manager and the Code Compliance Department Director
will make a joint determination to cancel the Agreement per terms and
conditions of the contract. Purchasing will proceed to obtain a substitute
Contractor in accordance with the Purchasing policy
Non -Exclusive Contractor Services Agreement
DreamWizard, Inc. Page 21 of 22
72"
12"
IMAGE A
PROPERTY IDENTIFICATION SIGN
Property Identification Sign
36"
Date Mowed
TAD No
Violation No.
2" Dia x 6' Ht
EXHIBIT B
PAYMENT SCHEDULE
Prices for each parcel or land or property shall be calculated on the number set forth below:
PARCEL SIZE OF LESS THAN PARCEL SIZE OF PARCEL SIZE GREATER THAN
8500 SQ FT 8500 SQ FT. TO 1 ACRE 1 ACRE, RATE PER ACRE
$150.00 $200.00 $150.00
City of Fort Worth, Texas
Mayor and Council Communication
DATE: 10/15/24 M&C FILE NUMBER: M&C 24-0862
LOG NAME: 13P RFP 24-0189 PRIVATE PROPERTY MOWING EC CC
SUBJECT
(ALL) Authorize Execution of an Agreement with DreamWizard, Inc. for Private Lot Mowing Services in an Annual Amount Up to $400,000.00 for
the Initial Term and Authorize Four One -Year Renewal Options for the Same Annual Amount for the Code Compliance Department
RECOMMENDATION:
It is recommended that the City Council authorize execution of an agreement with DreamWizard, Inc. for private lot mowing services in an annual
amount up to $400,000.00 for the initial term and authorize four one-year renewal options for the same annual amount for the Code Compliance
Department.
DISCUSSION
The purpose of this M&C is to authorize the execution of an annual agreement for private property mowing services as part of the Nuisance
Abatement Division's services. These services include mowing and disposal of nuisance vegetation on privately owned properties that are
determined to be in hazardous condition. Code Compliance bills the property owner for these services and will exercise liens for non-payment if
necessary. These services will be utilized throughout the City. To procure these services, the Purchasing staff issued Request for Proposals (RFP)
No. 24-0189. The RFP consisted of detailed specifications describing the responsibilities and requirements to provide these services.
The RFP was advertised in the Fort Worth Star -Telegram on April 24, 2024, May 1, 2024, May 8, 2024, May 15, 2024, and May 22, 2024. The
City received four (4) responses. Three proposals were deemed non -responsive by DVIN for the reasons cited below:
• Carl's Impressive Lawn Care - Prime vendor not certified by an accepted agency; did not provide evidence of reaching out to Business
Equity (BE) firms; and no prime waiver form submitted.
• Abescape Group - Prime vendor is not certified by an accepted agency; no evidence of reaching out to BE firms; no Prime Waiver
submitted; and no indication of meeting the MWBE Goal.
• 3rinity Lawn Care Services - Prime Vendor is not certified by an accepted agency; no Good Faith Effort (GFE) or supporting documentation
submitted; and no indication of meeting the MWBE Goal.
An evaluation panel, consisting of members of the Transportation and Public Works and the Code Compliance Departments reviewed and scored
the submittals using the Best Value criteria.
The individual scores were averaged for each of the criteria and the final scores are listed in the table below:
Proposer IlEvaluation Factors ITotal IlRank
Ila Ilb III Ild II II
DreamWizard, Inc. 1119.5 1111.62 II9.38 II40 II80.5 Ill
Best Value Criteria:
a) Proposer's Qualifications and Experience
b) Proposer's Availability of Resources (equipment and personnel)
c) Proposer's Ability to Meet the Needs of the City
d) Cost of Services
After evaluation, the panel concluded that DreamWizard, Inc. presents the best value for the City. Therefore, the panel recommends that City
Council authorize an agreement with DreamWizard, Inc. Staff certifies that the recommended vendor's bid met specifications. No guarantee was
made for a specific amount of services or goods that would be purchased.
FUNDING: The maximum amount allowed under this agreement will be up to $400,000.00; however, the actual amount used will be based on the
need of the department and available budget. Funding is budgeted in the FY 2025 General Operating & Maintenance category in the General
Fund for the Code Compliance Department.
DVIN-BE: The Business Equity Division placed a 5% business equity goal on this contract. Dreamwizard, Inc. submitted a Prime Waiver Form in
accordance with the City's Business Equity Ordinance. Dreamwizard, Inc. will be self -performing the entire scope of the contract.
ADMINISTRATIVE CHANGE ORDER: An administrative change order or increase may be made by the City Manager up to the amount allowed by
relevant law and the Fort Worth City Code and does not require specific City Council approval as long as sufficient funds have been appropriated.
AGREEMENT TERMS: Upon City Council approval this agreement shall begin upon execution and expire one year from that date.
RENEWAL TERMS: This agreement may be renewed for up to four (4) additional, one-year terms. This action does not require specific City
Council approval provided the City Council has appropriated sufficient funds to satisfy the City's obligations during the renewal term.
FISCAL INFORMATION / CERTIFICATION:
The Director of Finance certifies that upon approval of the recommendation, funds are available in the FY 2025 operating budget, as previously
appropriated, in the General Fund. Prior to an expenditure being incurred, the Code Compliance Department has the responsibility to validate the
availability of funds.
Submitted for Citv Manager's Office bv:
Oriainatinq Business Unit Head:
Additional Information Contact:
Reginald Zeno
8517
Valerie Washington
6192
Reginald Zeno
8517
Brian Daugherty
6322
Jo Ann Gunn
8525
Eugene Chandler
2057
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