Loading...
HomeMy WebLinkAboutContract 63067CSC No. 63067 FORT WORTH, 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 PRESBYTERIAN NIGHT SHELTER OF TARRANT COUNTY, INC. ("Contractor"), a Texas Corporation acting by and through its duly authorized representative, each individually referred to as a "party" and collectively referred to as the "parties." AGREEMENT DOCUMENTS: The Agreement documents shall include the following: 1. This Non -Exclusive Contractor Services Agreement; 2. Exhibit A — Scope of Services; and 3. Exhibit B — Price Schedule; and 4. Exhibit C- Form 1295; and 5. Exhibit D- M&C 25-0154 Exhibits A, B, C and D, 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. Contractor will provide mowing services, including labor, material, and equipment, to private lots for the City's Code Compliance Department ("Services"), as set forth in Exhibit "A," including Image A, attached hereto and incorporated herein for all purposes 2. Term. The initial term of this Agreement is for one (1) year, unless terminated earlier in accordance with this Agreement, beginning on the date that this agreement is signed by the City's Assistant City Manager ("Initial Term"). City will have the option, in its sole discretion, to renew this Agreement under the same terms and conditions, for up to four (4) one-year renewal options (each a "Renewal Term"). 3. Compensation. 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 aggregate amount of all contracts entered into for these services will OFFICIAL RECORD Non -Exclusive Contractor Services Agreement CITY SECRETARY Presbyterian Night Shelter of Tarrant County, Inc. Pagel of 29 FT. WORTH, TX not exceed FOUR HUNDRED THOUSAND ($400,000.00). The City makes no promise or guarantee of the total amount of work that will be assigned to Contractor under this Agreement. 3.2 City will pay Contractor in accordance with the Prompt Payment Act (Chapter 2251 of the Texas Government Code) and provisions of this Agreement, including Exhibit "B," which is attached hereto and incorporated herein for all purposes. 3.3 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-anoronriation 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 Obligations 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 parry without the prior written approval of City. Non -Exclusive Contractor Services Agreement Presbyterian Night Shelter of Tarrant County, Inc. Page 2 of 29 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. 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. Independent 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 ACTS) OR OMISSION(S), MALFEASANCE OR INTENTIONAL MISCONDUCT OF CONTRACTOR, ITS OFFICERS, Non -Exclusive Contractor Services Agreement Presbyterian Night Shelter of Tarrant County, Inc. Page 3 of 29 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 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, REPREENTATIVES, 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 CITYAGREES 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. CITYAGREES TO GIVE CONTRACTOR TIMELY WRITTEN NOTICE OF ANY SUCH CLAIM OR ACTION, WITH COPIES OF ALL PAPERS CITYMAY RECEIVE RELATING THERETO. NOTWITHSTANDING THE FOREGOING, CITY'S ASSUMPTION OF PAYMENT OF COSTS OR EXPENSES WILL NOT ELIMINATE CONTRACTOR'S D UTY 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 Non -Exclusive Contractor Services Agreement Presbyterian Night Shelter of Tarrant County, Inc. Page 4 of 29 DOCUMENTATION; OR (B) MODIFY THE SOFTWARE AND/OR DOCUMENTATION TO MAKE IT NON -INFRINGING, PROVIDED THAT SUCH MODIFICATION DOES NOT MA TERIALL Y AD VERSEL Y AFFECT CITY'SAUTHORIZED USE OF THE SOFTWARE AND/OR DOCUMENTATION; OR (C) REPLACE THE SOFTWARE AND DOCUMENTATION WITH EQUALL YSUITABLE, 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 A VAILABLE TO CONTRACTOR TERMINATE THIS AGREEMENT, AND REFUND ALL AMOUNTS PAID TO CONTRACTOR BY CITY, SUBSEQUENT TO WHICH TERMINATION CITY MA Y SEEK ANYAND ALL REMEDIES AVAILABLE TO CITY UNDER LAW. 9. Assignment And Subcontracting. 9.1 Assignment. 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: Non -Exclusive Contractor Services Agreement Presbyterian Night Shelter of Tarrant County, Inc. Page 5 of 29 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 I01 N/A $1,000,000 - Each Claim Limit $1,000,000 - Aggregate Limit Professional Liability coverage may be provided through an endorsement to the Commercial General Liability (CGL) policy, or a separate policy specific to Professional E&O. Either is acceptable if coverage meets all other requirements. Coverage must be claims -made, and maintained for the duration of the contractual agreement and for two (2) years following completion of services provided. An annual certificate of insurance must be submitted to City to evidence coverage. 10.2 General Requirements (a) The commercial general liability and automobile liability policies must name City as an additional insured thereon, as its interests may appear. The term City includes its employees, officers, officials, agents, and volunteers in respect to the contracted services. (b) The workers' compensation policy must include a Waiver of Subrogation (Right of Recovery) in favor of City. (c) A minimum of Thirty (30) days' notice of cancellation or reduction in limits of coverage must be provided to City. Ten (10) days' notice will be acceptable in the event of non-payment of premium. Notice must be sent to the City in accordance with the notice provision of this Agreement. (d) The insurers for all policies must be licensed and/or approved to do business in the State of Texas. All insurers must have a minimum rating of A- VII in the current A.M. Best Key Rating Guide, or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. If the rating is below that required, written approval of Risk Management is required. (e) Any failure on the part of City to request required insurance documentation will not constitute a waiver of the insurance requirement. (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. Non -Exclusive Contractor Services Agreement Presbyterian Night Shelter of Tarrant County, Inc. Page 6 of 29 11. Compliance with Laws, Ordinances, Rules and Reeulations. 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, 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 76102-6314 Facsimile: (817) 392-8654 With copy to Fort Worth City Attorney's Office at same address To CONTRACTOR: Daryl R. Davis, II , VP of Work Force & Career Development 1208 E. Presidio St. Fort Worth, TX 76102 Facsimile: No Fax 14. Solicitation of Emplovees. 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. Non -Exclusive Contractor Services Agreement Presbyterian Night Shelter of Tarrant County, Inc. Page 7 of 29 17. Governing Law / Venue. This Agreement will be construed in accordance with the laws of the State of Texas. If any action, whether real or asserted, at law or in equity, is brought pursuant to this Agreement, venue for such action will lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort Worth Division. 18. Severability. If any provision of this Agreement is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. 19. Force Maieure. City and 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 majeure or other causes beyond their reasonable control, including, but not limited to, compliance with any government law, ordinance, or regulation; acts of God; acts of the public enemy; fires; strikes; lockouts; natural disasters; wars; riots; epidemics or pandemics; government action or inaction; orders of government; material or labor restrictions by any governmental authority; transportation problems; restraints or prohibitions by any court, board, department, commission, or agency of the United States or of any States; civil disturbances; other national or regional emergencies; or any other similar cause not enumerated herein but which is beyond the reasonable control of the Party whose performance is affected (collectively, "Force Majeure Event"). The performance of any such obligation is suspended during the period of, and only to the extent of, such prevention or hindrance, provided the affected Party provides notice of the Force Majeure Event, and an explanation as to how it prevents or hinders the Party's performance, as soon as reasonably possible after the occurrence of the Force Majeure Event, with the reasonableness of such notice to be determined by the City in its sole discretion. The notice required by this section must be addressed and delivered in accordance with Section 13 of this Agreement. 20. Headings not Controlling. Headings and titles used in this Agreement are for reference purposes only, will not be deemed a part of this Agreement, and are not intended to define or limit the scope of any provision of this Agreement. 21. Review of Counsel. The parties acknowledge that each party and its counsel have reviewed and revised this Agreement and that the normal rules of construction to the effect that any ambiguities are to be resolved against the drafting party will not be employed in the interpretation of this Agreement or Exhibits A 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. Non -Exclusive Contractor Services Agreement Presbyterian Night Shelter of Tarrant County, Inc. Page 8 of 29 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 - 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 Comvanv 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 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 Non -Exclusive Contractor Services Agreement Presbyterian Night Shelter of Tarrant County, Inc. Page 9 of 29 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 Bovcottin2 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 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. Compliance with Public Information Act Requests. 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: Non -Exclusive Contractor Services Agreement Presbyterian Night Shelter of Tarrant County, Inc. Page 10 of 29 (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) Non -Exclusive Contractor Services Agreement Presbyterian Night Shelter of Tarrant County, Inc. Page 11 of 29 IN WITNESS WHEREOF, the parties hereto have executed this Agreement to be effective on the date set forth in Section 2. City: By: U/0l a Name Dddalftithdglf Of , 2025 13:5' CDT) Title: Assistant City Manager Date: 04/07/2025 PRESBYTERIAN NIGHT SHELTER OF TARRANT COUNTY, INC.: By: Name: DaDhj;IyPRJsj)k r 28, 2025 15:24 CDT) Title: VP of Work Force & Career Development Date: FOR CITY OF FORT WORTH INTERNAL ROUTING PROCESSES: Approval Recommended: By: �� Name:B&rn� � 4, 2025 11:26 CDT) Title: Code Compliance Director Approved as to Form and Legality: d m-dA_,_. //_ z.._.X Muhammad Title: Assistant City Attorney Contract Authorization: M&C: 25-0154 Form 1295: 2025-1253561 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: .c4 r�r r �� Name: Tony 21er Title: Code Compliance Superintendent q ��Q��Q 4g4UOpq� e° Br�oRr�pd� ° pd Y: ° Name: nnette Goodall o o Title: City Secretary EXA o �bnRaaa'�' OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Non -Exclusive Contractor Services Agreement Presbyterian Night Shelter of Tarrant County, Inc. Page 12 of 29 EXMBIT A SCOPE OF SERN-ICES 1) SCOPE Contractor shall provide all necessary labor, material, and equipment to provide mowing ser ices of privateh- 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) EQUIP\1E`.NT a) Contractor shall have available all equipment and material upon arrival at job site or prove that Contractor has access to all equipment necessan• to perform all work outlined in this Agreement. Failure to do so is cause for reject:on of a b:d and or breach of contract b) Contractor shall provide a list of machines. and equipment that they propose to use in the execution of the agreement. See attachment 1, Vendor Qualification Questionnaire_ This list rill be ;Led to determine whether or not the bidder can adequately perform the requ:rea 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 b}• the Cit• is cause for rejection of a bid. The Cityrerer.•es the right to thoroughly inspect and im•estigate the establi_hmew- facilities, business reputation, and other qualification of any bidder and reject an}- bid. irrespective of price. if it shall be determined lacking in any of the essentials necersan• to assure acceptable standards of performance. e) all equipment Ahall be in good repair at all times and be operated by a responsible employee of the vendor. 3) CON RACTOR REQUME%1EN-TS a) Contractor must be in good standing with the City of Fort Worth. Contractor Hill have no outstanding tickets, warrants or other legal obligation prior to work assienments. b) Prov:de list of equipment and maintain listed equipment throughout contract near. Contractor is subject to inspection by department staff at time of renewal. 4) DEFINTITOV S a) ADEQUATE WORK FORCE: Sufficient equipment, supplies, and personnel to deploy at least three (3) vmk crews to three (3) different work Sites at the same time. b) AL.LEY.ALLEYWAY'S: A narrow passageway, lane or right-of-way (ROA), especiaj- am running between oI behind buildings. Non -Exclusive Contractor Services Agreement Presbyterian Night Shelter of Tarrant County, Inc. c) CODE COAIPLU CE DEPARTMENT OFFICL4L: The Director of the City of Fort Worth Code Compliance Depariznent or �. d) CULTIVATE: ATE: To loosen or break the soil around growing plant. or to foster the growth of a plant e) EAMl1EN7S: A right-of-way across a proper that may be owned by another or the City. f) 48 INCH WEEDS: A parcel of land on which at least ,_5° * of the high grass and needs are 4S inches or greater. g) GROUNDS 1%URTTENANCE PROJECT: The area identified and defined in a Code Compliance xvork order that describes the vta k to be comp:eted as descrilced in dul .a= eement. h) L\MIEDUTE MOW: A req e—st :or movt^.ng services to be performed within 24 hours of notification. i) MPROVED PROPERTY: Property that contains a residence; building, or other structure used for human habitation, or storage of equipment or materials j) 1-&ASL-RII G MIPL MENT: A measuring device approved by the Contract Administrator, used in photographic evidence, to clearly drstingu:sh the height of the grass weeds on the parcel(s) to be moved. See Image A. i. 11 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 de vice shall be approved prior to the device being used k) L'—\T—.kR 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 b, a Tarrant Appraisal District ;TAD) and Tarrant Coun v ownership record--. m) PARKWAYS: The area of public right -of -wad• located between the curb or edge of pavement and the property line. n) PRICE DETERNML ATION: Work orders will be based on individual TAD account numbers and u:q: - cot�at will be priced as stated in the Mowing Bid Sheet. The square footage ffor tthhe ri�ghhtt o wa- s, parkways, and easements will not be added into the square footage for the parcel of land. o) PROPERT).' IDENTIFICATION SIGN: A sign attached to the measuring device that provides information includes the date the proper is mowed, TAD number and violation number. See Image k. Non -Exclusive Contractor Services Agreement Presbyterian Night Shelter of Tarrant County, Inc. p) RIGHT-OF-WAY ;ROLE): A narrow length of land, street, roadway. alley, side;;alk, or other property that provides a lawful route that may be used by the public. q) TRASH & LITTER Any debris within the grounds maintenance pro; ect area including; but not limited to, paper, plastic, cans, bottles. cardboard, rags, limas and branches four (4) inches or smaller in diameter. r) UNCLIM'ATED: Plants, flowers, vegetables, or ;reeds gro:•.i: g tt:thout any external efforts. s) WARRANTMOWS: Wzaants mews must be sched.:lei vith the Warrant Officer and must be completed within hours of the Courts i..uance date. Wauant Officer must be on- site prior to mottin?. t) WORK ORDER MOXZTG TICKET: AN otification of A:si_gnment by which the Cede Compliance Department assign, work to be performed at specific properties having a v-alid TAD account number. A work order is considered complete w-hen the property is abated and the Code Compliance Department has received all required do--rmentation. u) VORIM G DAY: Monday through Friday, from 3:03 Ali to 5:00 Pl%t excluding holidays. S) IN -VOICING REQME.\1E,7S a) All invoices should be submitted directh• to the muost n department. It is the responsibility of the Contractor to get the name of the responsible person, telephone numbers ana address of the departments 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 teas accomplished in accordance with the terms and specifications of the agreement. c) An invoice is considered payable trhen a Code Compliance officer has completed a visual inspection and determined that the work teas accomplished. The C:tt• a ill make payments within 30 days from the date of acceptance of work_ d) A properly prepared invoice shall be txauzixan or computer printed and shall include: i. Contractor name, federal tax identification n•,unber. address, phone number, in: oice namber, ur: oice date. quantities, unit price, and extended cost U. CAL issued Purchase Order number. iii. Violation, Tarrant AppraLal District (T.AD) number iv. Date the parcel of land voas mowed. v) address and size of the parcel of land moved. vI) Bid price for mottling the parcel of land and the total payment dire. Non -Exclusive Contractor Services Agreement Presbyterian Night Shelter of Tarrant County, Inc. Unpaid invoices and or appeals for work performed must be resolved % itain l4days of the invoice date. No previous tear invoices will be paid after October 1 5 th. iu) AM moo:ces must be submitted v ithin 15 days of approval from Code Compliance officer. ix) Incomplete or inaccurate invoices may result in delayed payments. as thev shall be returned to the Vendor for corrector and re -submittal. The Contractor :hall submit corrected revised invoices ix -thin seven (7) calendar days of notification from the City. e) In the event the City overpays or eroneoush• pays an:nvoice, the City reser.•e_ the right to seek reimbur semen: fcr those payments. The City may withhold future payments in the amount in question to compensate for overpays or erroneous payments pros•:ded: i The Contractor will be notified m whiting at] i to enty (1-0) wor',cmz- days of the invoices approval date of the allezed overpay or erroneous payment and the work order number, :he amount bemg 116ithheld, and an explanation- ii The Contractor has the naht :o appea: the forfeiture. The appeal must be received within fifteen (15) .vork:ng dati•_ upon the date of the Departme-nt'a notification. n.- The City rill reimburse all c::tstandin_ payments tivithheld 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 m%*o:ce: are not submitted for payment more than one (1) time. 6) MUM%L-�\CE REQL \ME?\ i S a) \-OTIFIC aTIO\ TO CO\7&.kCTOR OF ?,SSIG\�E\-T i) The Code Compliance Department has the sole di_cretion to de:er=me :he hasrent of work orders. ii) Contractor shall receive notification of their assignments to mow specific parcels of land. Tne Contractor will be required to have hi_h-speed acce.s to the Internet in order to receive and send pork er ders with attached photographs. Minimum specifications requui ed are: (1) Digital cameras capab:e of at :east 1 meza-pixel vat.h in:aze resolution of 125:' x :22.3 that adds date '.amp on face of picture. (�) Hizhcaoa:aty color printer capable of 200 imprints i ith map image per da•. Non -Exclusive Contractor Services Agreement Presbyterian Night Shelter of Tarrant County, Inc. (3) IXTRELESS READY- ability to accept work orders and Send completed work orders from a mobile wireless device; laptop, or other similar equipment. iii) Work orders «ill be provided to Contractor(s) electromcally via the Internet; and Code Compliance will receive the completed work orders, with all required 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 PERFOR.tiLANCE i) The Contractor shall mow all assigned parcels of land within five (5) working days of receipt of a work order. ii) :he Contractor shall submit competed work orders with all required documentation to the Code Compliance Depar—ent within three (3) i=gkAas of abatement Abatement is cons:dered 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) T e number of delinquent work orders exceeds 15%' of the total number of lvork orders assiffied. (2) Work orders are over five (:) daya 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. cr) Work orders tiLat are not completed within the specified timeframe will be co :sidered in default. cu) Coda 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 Deparmient I discretion. viii) In the event of default by the Contractor, the City resen es the right to procure the services from other sources and hold the defaulting Contractor responsible for any excess costs. Non -Exclusive Contractor Services Agreement Presbyterian Night Shelter of Tarrant County, Inc. c) INSPECTION REQUIRENE IS 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 :s hindered, Contractor shall immediately report these conditions to the Code Compliance Official prior to commencement of work. iii) If a warrant is required on any portion of the property, no portion of the property uill be mowed until the warrant is obtained. iv) If vector nesting is encountered, the Contractor may take necessan• steps to exterminate the hazard with the approval of a Code romplance Official. Conbractos shall submit invoices relative to such extermination to Code Compliance with the appropriate mowing pork 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) wmidng days pith a Statement providing justification for not completing the work order. vi) Code Compliance has the sole discretion to determine whether a umck order should have been closed without completion. d) PHOTOGRAPIIC EVIDENCE :. Tne Contractor shall: (1) Take photographs of each parcel of land prior to commencement of wor c; and immediately after completion of the work from the same location as the before picture. (2) Use a measuring device as dewnbed in section 40). (3) Position the measuring device in the photo to accurately show the overall height of the grass needs on the entire property. (4) Use the same measuring device in the before and after photos. The measunng device shall be placed in the grass weeds to be cut- The device shall remain in place for the duration of the mow to peovide consistent before and after documentation. ii) Pho:ozraphs Shall: (1) Be in color from a di_ aal camera as desmW in see ion 7(a). (2) Include the same landmarks in both the before a:_3 after pictures with the same ana-le and scale. (3) Provide a panoramic view of the property: to be SS 171 Non -Exclusive Contractor Services Agreement Presbyterian Night Shelter of Tarrant County, Inc. (4) Show the measuring device in each before and after photograph. The be" picture wi:l be taken prer to commencement of work that accurately dep:cts the average o� e:all height ofthe grass weeds on the property. (5) Legibly show the identification sign on the measuring device with the information as described in 40) See Definitions. ;6) additional photographs shall be taken when the prepery is over two acres. The before and ater photographs shall reflect all portions of the property mowed. e) 'MM%T`: G OP7_Ra ::O\' i) The Contractor does net need to wait to moor if there are personnel on the premises. Contractors should call Code Compliance officer: to have Po.:ce Officers to remove any persons. ii) The City will prov,de work orders in measurements of square feet. iii) The City shall have all large objects such as furniture removed before ordering mowing sen-ice. If there are objects rP*n�, should call Code Compliance Officers to rid the land of any large objects. iv) Cont;actos shall cut as_igned propert:es upon which w•ee&. Sass and uncultivated growth exceed heig_^t oftweh•e ;1_, inches by using any app:oprate means. (1) On completion of moir-rig. grans, weeds and uncultivated growth shall be cut to a heigia no more than four (4) inches and net less than 1% inches. Contractor shall ensure that the prcpem• is actually mowed and the vegetation not just pushed over or flattened down. (�) Fan assigned work order is a property twat is over two (26) acres. the only portion of the property to be cut is that section that is one hundred (103) feet back from the pr epertline or am• open public street (inclusive of an,. public right of way) and one hundred (100) feet back from any improved adjoining propem•. v) Contractor shall not discharge grass. weeds or debris onto streets, sidewalks, and or right of ways. Cut grass and debris that fall: 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 lean m_- the pro+.ect area. (1) Contractor shall arrange to keep sidewalks and roads open for traffic whenever barricades shall be furnished whenever warranted possible. Warning signs and and erected b,,• the Contractor Non -Exclusive Contractor Services Agreement Presbyterian Night Shelter of Tarrant County, Inc. vii) Contra -to shall mow or trim, at no additional charge to the City, all: (1) Right of ways ;ROX%), easement, and parimays adjoined to the parcel of land. (2) wound buildings, tree✓ having a diameter greater than tw-o (2) inches, fences, and obstacles m the nght of way (fire hydrants, si_ffis, etc.). (3) Ditches, dirt me mds. and around vehicles and other obstacles. viii)X11en mowing a parcel of land identified ln• the City as being greater than forty- eight (4S) 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 4S- inches will not be require(L unless otherwise specified by the Code Compliance Department. ix) 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 x) Mork 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. xi) Vacant properties that have been identified as havmg a history of multiple mows may have a work order automaticalh• generated. It i_ the responsibility of the Contractor to ensure that weeds, grass and uncultivated growth that exceed a height of twelve (12) inches and meet all terins and specification✓ of this Azreement xii) Railroad property, utility easements and property in the trusteeship of the City will not be mowed unless approved In Official. a cost estimate must be submitted and approved prior to mowing. f) REJECTION OF CONTRACTOR'S WORK i) Tne 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 u=k oadosmad that is not in accordance with-. but not limited to: (1) Missing or inadequate photographic evidence. (2) Miss= or incomplete work orders. (3) Alowing of incorrect parcels. Non -Exclusive Contractor Services Agreement Presbyterian Night Shelter of Tarrant County, Inc. (4) Mowing of oni•• the right-of-way. easement:, park-wayE. or alleyways v.:thout %%-itten approval from a Code Compliance Offici l (:) Incomplete or inadequate mov.zng of assigned w•crkorde: s. iii) Contractors :appeal of Rejected Work Order a. Contactor may appeal any rejected vyork to a Code Compliance Official. ;1) It is the Contractor s res-onsibility to submit any dc-cunnentation necessar}• in Eupport of :e appeal. 11 final decisions and agreements will be in .ntmg and prevlded to the Contractor. Re; ected work may be redone and net. photographic evidence taken and submitted for evaluation at no additional expense to the City. g) POLE? OF CO-NTACT i) Contractor shall designate at least one (1) person as Point of Contact..ith office phone or cell phone number for acceinbility. ii) Contractors Point of Contact shall respond to calls or .•oicemail5 within one (1) hour durinz normal business hours. iii) The person designated for this p:apose shall be identified in the bid submittals. iv) Notification of any change: in contact numbers o: personnel jhall be in %witing and emailed to the Code Compliance Contract ?.d=..-trator. H) O :dER PRO�ZSIO:N-S i) Coat;acto shali secure all pernut: and licenses imposed bry lan-s and ordinance. pay all charges ar.d fee_. and give all notices necessan• and incidental to the due and lawful protection of the work regarding the obstruction of streets and driveways. maintaining signals and open pa_sagena•_'s. and protecting the same v.-here exposed. ii) Coaftaciar shall report any dar a=_e done x property o arced In- the City of Fort Worth or dar a_ a to pri vate property to the Code Compliance Department .- —-strator via by phone or email vat :in (2) he•.z-- after occurrence. iii) Contractor shall be responsible for prow :ding, mamtaining and transporting all necessan• laborers; equipment, and fuel for its use in connection with the program of mowing described herein. iv) Contractor :all train sub contractors or employees to use the safest methods and equipment available in transporting. mewing, cutting and cleaning operations. v) All of the C_.,L..i.,A equipmentwill be maintained in safe operating condition vi) Coatsactos shall take precautions at all tunes for protection of person and property. Safety provision of all applicable laws and ordinances shall' be strictly obsen-ed. Non -Exclusive Contractor Services Agreement Presbyterian Night Shelter of Tarrant County, Inc. I) NON-PERFORAUNG COYM-kCTOR(S) i. Contractor aclmowledges that an Incident Report Form i,%ill be ased to document issues of non-performance related to tilis agreement. Repeated issues of performance of the same type (fa:iure to turn in mov.•ing tickets. refusal of uwk, 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 desienee, gill document in vmtina 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 irritine and sieved by both parties. a copy of the resolution will. be forwarded to the Purchasing Division. b) Second Occurrence: If Contractors performance rem2l'M unsatisfacton•, the Code Compliance Department gill notify the Purchasing Division. The Purchasing Division will arrange a meetmg to discuss the pwblamis) % ith the Cede Compliance Department. the Contractor, and Purchasing Division's designee. The Purchasing Division's designee 13.i11 attempt to resolve the problems) at the Purchasing Division level_ The Purchasing Division Designee, as agreed upon by the Code Compliance Department, the Contractor, and the Purchasing Division, gill document the resolution in iwiting. The "Cure Notice" letter will be mailed certified to the Contractor. Once the Contractor has received the certified letter, it will be the Contractoi s responsibilih. to sign the "Cure \otrce' letter and return it to the Purchasing Division in a time -IN. manner. Once Pumb-2si11s Division receive3 the 3i_m2ed "Cure Notice', copies . ill be forwarded to the Code Compliance Department Once the Code Compliance Department receives the copies of the 'Cure ?notice' from Division the depztnent will begin issuing work odes to the Contractor(s). c) Third Occurrence::f Cen tractor's performance remains unsatifacton., the Purcha sing 1\L•nnager and the Code Compliance Department Director sill make a joint determ:n-mon to cancel the agreement per terms and conditions of the contract. Purchasing will proceed to obtain a substitute Contractor in accordance tirith the Purchasing polio. Non -Exclusive Contractor Services Agreement Presbyterian Night Shelter of Tarrant County, Inc. IMAGE A PROPERTY IDENTIFICATION SIGN Property Identification Sign Date Mowed 24" TAO No Violation No. 72" Body 2" Diax Ht 12" Non -Exclusive Contractor Services Agreement Presbyterian Night Shelter of Tarrant County, Inc. EXHIBIT B PAYMENT SCHEDULE Line # Description Unit of Measure Unit Price # 1-1 Work Orders less than 8500 EA $118.00 Sq. Ft. # 1-2 Work Orders equal to or EA $141.00 greater than 8500 Sq. Ft. # 1-3 Work Orders equal to or EA $231.00 greater than one acre, rate per acre Non -Exclusive Contractor Services Agreement Presbyterian Night Shelter of Tarrant County, Inc. EXHIBIT C FORM 1295 CERTIFICATE OF INTERESTED PARTIES Complete Nos. 1 - 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Presbyterian Night Shelter Fort Worth, TX United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Fort Worth FORM 1295 1of1 OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2025- 1253561 Date Filed: 01/06/2025 Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. RFP 25-0292 Private lot mowing 4 Nature of interest Name of Interested Party City, State, Country (place of (check applicable) business) Controlling Intermediary 5 Check only if there is NO Interested Party. Non -Exclusive Contractor Services Agreement Presbyterian Night Shelter of Tarrant County, Inc. Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V4.1.0.5dd2ace2 UNSWORN DECLARATION My name is \ J J rT �` L l `J and my date of birth is 7 bqX1 �11 nn p1 My address is /� V 0 pec5 "iI iQ (street) declargindernenal�t-ofper.jurythattheforegoingiStrueQndcorrect. Executed County, County, State of / �- F� S on the day of t� — (month) 6) L i Signature o uthorized agent 6f contracting business entity (Declarant) Non -Exclusive Contractor Services Agreement Presbyterian Night Shelter of Tarrant County, Inc. CITY COUNCIL AGENDA Create New From This M&C DATE: 2/25/2025 REFERENCE NO.. EC CC EXHIBIT D M&C 25-0154 **M&C 25- 0154 CODE: G TYPE: CONSENT Official site of the City of Fort Worth, Texas FoRTWORTH _41"� 13 PRFP 24-0292 LOG NAME: PRIVATE LOT MOWING PUBLIC NO HEARING: SUBJECT: (ALL) Authorize Execution of Non -Exclusive Agreements with Multiple Vendors, 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 non-exclusive agreements with multiple vendors 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 Mayor & Council Communication (M&C) is to authorize the execution of annual agreements with additional vendors 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. 24-0292. 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 September 25, 2024, October 2, 2024, October 9, 2024, October 16, 2024, October 23, 2024, and October 30, 2024. The City received eight (8) responses. Two proposals were deemed non -responsive by the Diversity and Inclusion Department (DVIN) for the reasons cited below: Abescape Group - Abescape Group is not Minority/Woman Owned Business Enterprise (MWBE) certified and no Utilization Form or any other MWBE forms were submitted. Climbing Globally Solutions, LLC is MWBE certified and although they are outside of the 6-county marketplace they have been approved for Significant Business Presence to count toward the MWBE goal, however, no Utilization Form or other MWBE documents were submitted. An evaluation panel, consisting of members of the Code Compliance, DVIN, and the Environmental Services 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: Non -Exclusive Contractor Services Agreement Presbyterian Night Shelter of Tarrant County, Inc. Proposer I Carl's Impressive Lawncare, LLC LT,nwn Patrol Service_ Inc Presbyterian Night Shelter of Tarrant County, Inc. BEA-SON Tractor Mowing kmerald Green Property Management L-Wn'c T.nnrlccanittu Service �I Evaluation Factors 11 TotallP ank I Ilallbll c II d II II I II 24 II 12 ICI ' "L12 III 40 II 88 II 1 1 11 L4 ILA I _ 5 Ih 6_49 A5.23 11 2_ 1 11 2+ 121� 1.25 �5.99 6�.74 1 3 116.74.75 L8.5d * BEA-SON Tractor Mowing, Emerald Green Property Management, and Leon's Landscaping did not achieve the minimum 50\% of the technical points available (30 points) to move forward and therefore did not receive cost points, or a ranking. 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 Carl's Impressive Lawncare, LLC, Lawn Patrol Service, Inc., and Presbyterian Night Shelter of Tarrant County, Inc. present the best value for the City. Therefore, the panel recommends that the City Council authorize agreements with Carl's Impressive Lawncare, LLC, Lawn Patrol Service, Inc., and Presbyterian Night Shelter of Tarrant County, Inc. Staff certifies that the recommended vendor's bids 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 General Operating & Maintenance category in the General Fund for the Code Compliance Department. DVIN-BE: The Business Equity Division placed a 5.2\% business equity goal on this contract. Carl's Impressive Lawn Care, LLC, submitted a Prime Waiver Form, which is in accordance with the City's Business Equity Ordinance. Prime Company, LLC will be self -performing the entire scope of the contract. Lawn Patrol Services, Inc. submitted a Prime Waiver Form, however, will be exceeding the goal as a Business Equity Prime, and self -performing the entire scope of the contract, which is in accordance with the City's Business Equity Ordinance. Presbyterian Night Shelter of Tarrant County, Inc. submitted a Prime Waiver Form, which is in accordance with the City's Business Equity Ordinance. Prime Company, 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. Non -Exclusive Contractor Services Agreement Presbyterian Night Shelter of Tarrant County, Inc. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that funds are available in the current operating budget, as previously appropriated, in the General Fund to support the approval of the above recommendation and award of the contracts. Prior to any expenditure being incurred, the Code Compliance Department has the responsibility to validate the availability of funds. BQN\\ TO FROM Fund I Department ID I Account Fund I Department ID I Account Submitted for Citv Manaeer's Office bv: Ori2inatin2 Department Head: Additional Information Contact: ATTACHMENTS Project Program Activity Budget Reference # ID Year (Chartfield 2) Project Program Activity Budget Reference # ID Year (Chartfield 2) Reginald Zeno (8517) Valerie Washington (6192) Reginald Zeno (8517) Brian Daugherty (6322) Brandy Hazel (8087) Eugene Chandler (2057) Amount Amount Non -Exclusive Contractor Services Agreement Presbyterian Night Shelter of Tarrant County, Inc.