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HomeMy WebLinkAboutContract 63109CSC No. 63109 FORTWORTH. 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 LAWN PATROL SERVICE 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. Exhibit B — Price Schedule; and 4. Exhibit C- M&C 25-0154; and 5. Exhibit D —Form 1295 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"), which are set forth in more detail 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"). The City will have the option, at 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 not exceed FOUR HUNDRED THOUSAND DOLLARS ($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. OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Non -Exclusive Contractor Services Agreement Lawn Patrol Service Inc. 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-annronriation of Funds. In the event no funds or insufficient funds are appropriated by City in any fiscal period for any payments due hereunder, City 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 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 Non -Exclusive Contractor Services Agreement Lawn Patrol Service Inc. 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, 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, Non -Exclusive Contractor Services Agreement Lawn Patrol Service Inc. 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, 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 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. CITY AGREES 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 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 MATERIALLYADVERSELYAFFECT 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, Non -Exclusive Contractor Services Agreement Lawn Patrol Service Inc. SUBSEQUENT TO WHICH TERMINATION CITY MA Y SEEK ANY AND ALL REMEDIES AVAILABLE TO CITY UNDER LAW. AssiEnment and Subcontracting. 9.1 Assisnment. 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): ❑ Applicable J❑ N/A $1,000,000 - Each Claim Limit Non -Exclusive Contractor Services Agreement Lawn Patrol Service Inc. $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 Reauirements (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 Non -Exclusive Contractor Services Agreement Lawn Patrol Service Inc. SUCCESSORS IN INTEREST, CONTRACTOR AGREES TO SSUME SUCH LIABILITY AND TO INDEMNIFY AND DEFEND CITY AND HOLD CITY HARMLESS FRO 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 200 Texas Street Fort Worth, TX 76102-6314 Facsimile: (817) 392-8654 With copy to Fort Worth City Attorney's Office at same address To CONTRACTOR: Lawn Patrol Service, Inc. Anthony Conley, President 9312 Park View Drive Fort Worth, TX 76134 Facsimile: (817) 293-4769 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 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 Non -Exclusive Contractor Services Agreement Lawn Patrol Service Inc. 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. 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, Non -Exclusive Contractor Services Agreement Lawn Patrol Service Inc. 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 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. Non -Exclusive Contractor Services Agreement Lawn Patrol Service Inc. 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 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) Non -Exclusive Contractor Services Agreement Lawn Patrol Service Inc. IN WITNESS WHEREOF, the parties hereto have executed this Agreement to be effective on the date set forth in Section 2. City: By: U/ol a Name Daftarh , 2025 1 : 5 CDT) Title: Assistant City Manager Date: LAWN PATROL SERVICE, INC. By: ,�.� NameAnAWfl"fpAjfl@y8, 202 :06 CDT) Title: President Date: 04/08/2025 FOR CITY OF FORT WORTH INTERNAL PROCESSES: Approval Recommended: By:���, NameBriBTbXuVWry15, 2025 10:57 CDT) Title: Code Compliance Director Approved as to Form and Legality By �.� Name: Amarna Muhammad Title: Assistant City Attorney Contract Authorization: M&C: 25-0154 Form 1295: 2025-1253530 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 1PUr Title: Code Compliance Superintendent onn Od p�� � FOHt�9dd Ogg -10 By: Name: Innette Goodall a°°Ilb'E..... Title: City Secretary OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Non -Exclusive Contractor Services Agreement Lawn Patrol Service Inc. ]E--)-,HIBIT A SCOPE OF SERVICES 'Z tz- t da, J -IE 7."." -" :. _., 3 3 =-. z 1.. 7. �,Jpmert and umterial 13F Z: 3 '. Z-Yi -. -ZL L7. j3': -:.-. e X' -.z aiL Equipment necessap., -.c peft,"YM 3-- :1 1 - _-zc E-j Z.,-_ d ],-' or to dG 90 is cml.e for r '=C a LL 1 E`7 3C� i-_=n' am.-. Z.: MIUZF:S-.K: zxn=r.-i.,'.- to Lc`J be -.7 Y..' , :.Dr -f T- Ej - -.z _W.. .3c.. I 2j..d nheL' oi my bidder °zt -.t lc Iii. any ofthe peztl-.-- z -'n _cod repair at all times al -A Z­ '-V a resp=ible P _EQUfl?Z= S 3 MUSt �e in E00d AM6.­.== Lave r o ouhtwidiDE tick-Eb, IMATWtS CT Offiff IEEal •=L-. a.i;L=Entl -it of equiprieiA and `_­.�--d ­3z. Contra Ltar iq subjectto Lnspecticmby Jr r- TN IT011's 'D7 I and per"A=el to 7 :`.-rent wo-1. -:.tR:i at the same time. 7 [3r-r= 07 7L2irt-of-My (RO%TD: Non -Exclusive Contractor Services Agreement Lawn Patrol Service Inc. c) CODE COMFLIANCE DEPARMIENT OFFICLAL.: The Director of the City of Fort Worth Code Compliance Department or designee. d) CLLTIVATE: To loosen or break- the soil around growing plants, or to foster the growth of a plant_ e) EASEIwEWS: A right -of -ray- through a property. that mar be oamed by another or the City- fj 4-$ INOH WEEDS: A parcel of land on which at least '15% of the hid grass and weeds are 48 inches or greater. GROUNDS MAI %I=ANCE PROJECT: The area identified and defined in a Code Compliance work order thA describes the wcuk to be completed aF described m tlxit Agreement h) I E EDLATE MOW_- A request for mor"ing services to ba performed aittuti 24 hours of nod&atiam- ij IAiPRO'ED PROPERTY: Property that contains a residence, building, or other structure used for Nunn habitation, or stnrage of equipment or materials 1) %-IEAS=G I PLE'=: A measuring device approved b-y the Contract ,administrator, used in photaqaphic eviidence, to clearly distin�rishthe height of the grass.."weeds on the parcel(s) to be mowed- See Image k i_ All measuring devices shall be impected and approved by the contract administrator or the department's designee within fifteen (15) ,A-orLing daw after anw,arding of the AgreemeA Any replacement device shall be approved prior to the device being used. k) LII�_.kR FOOT: An area one foot (12") in length by three feet (36') in viidth- 1) PARCEL OF LAND: Lots, traces, or acres of land that are titled under ownership as provided b the Tarrant Apprai3al District {TAD) and Tarrant County ownership records. in)PARKWAYS: The area of public fight -of --way located between the curb or edge of pavement and the property line. >m) PRICE DETE1 rIINATION: WorL orders will be based on indkridual TAD account numbers and woilk completed w-1 be priced w stated in the Mowing Bid Sheet- The square footage for the right of ways, parkways, and easements 3vi11 not be added into the square footage for the parcel of land_ o) PROPERTY MEN'TIFTOATICN 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. Non -Exclusive Contractor Services Agreement Lawn Patrol Service Inc. p) RIGHT-OF-WAY (R01k�: A narrow length of land, street, roadway, alley, side%&m1. or other property that proVides a lawfA route that may be used by the public._ q TRASH & LITTER_: Any debris viithin the mounds maintenEnce prole -cat area including, but not limited to, paper: plastic_ cans, bottles, cardboard_ raga, llrnb 3 and branches four (4) inches or smaller in diameter. r UNCULTIVATED: Plants, floNiws, vegetables. or weeds M'Winff n ithout an•, exteMl Forts_ s) W =ARF_ h-T MOWS: Warrants mows rnuA be scheduled with the Warrant Officer and must be completed Nxithin 72 hours of the Courts issuance date. Wan -ant Officer must be on- site prior to moNvmg. t WORK GL DER-r`,iGV%.'I TG TICKET: A Notification of AsM. pment by which the Oode Compliance Department assigns vLwk to be performed at specific properties hm'ing 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 through Friday. from 5:00 AM to 5:00 Plyl, erxludin.R holidays. 5) INVOICING REQUIREMENTS aj All invoices should be submitted directly to the requesting departnaemt It is the responsibility of the Contractor to get the name of the responsible person, telephone numbers and address of the department's di-klision at the time the sen-ice is requested. The requesting departmeiA is required to issue a purchase order number to the Contractor during this process. b) Departmeut determines that the work -�%­as accomplished in accordance -with the terms and specifications of the Agreement. c) An imloice is considered parable ashen a Code Compliance oMcnr has completed a %'Mual imspechon and determined that the work was accomplisb,ed_ The Cit - ti'Vi1L make pa, rments within 30 dwys from the date of acceptance of wo& d) A properly prepared imnloice shall be typewritten or computer printed and shall include: i_ Contractor name, federal tax identification number, address, phase mimber, invoice number, inVoice date, quantities, unit price, and extended cost- ii City issued Purchase Order number_ iii. Violation, Tarrant }appraisal District (T.A.D) number iv_ Date the parcel of land was mowed. v) Address and size of the parcel of Land mowed_ ,H) Bid price for mo,.ing the parcel of land and the total payrae t due - Non -Exclusive Contractor Services Agreement Lawn Patrol Service Inc. vii) Unpaid invoices anchor appeals for work performed must be resolved Within 14days of the invoice date. No previous `•ear invoices -will be paid after October 15th_ vi.ii) AA.11 invoices must be submitted within 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 correction and re -submittal. The Contractor shall submit corrected -revised invoices «-ithin 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 -aithhold future pavments in the amount in question to compensate for overpays or erroneous payments provided: i. The Contractor -ill be notified in writing %%ithin 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) FERFORXLkNCE REQUMF_N=S a) NOTIFICATION TO CONTR.r%CTOR OF ASSIGN_N ENT i) The Code Compliance Department has the sole discretion to determine the assignment of work orders. u) 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. _%finimum 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 aith map image per day. (3) WMELESS READ.'- ability to accept work orders and send completed work orders from a mobile wireless device, laptop, or other similar equipment. Non -Exclusive Contractor Services Agreement Lawn Patrol Service Inc. iii) Work orders trill be prol-ided to Contractor(s) electronicallti- via the Internet_ and Code Compliance Will receive the completed work orders. with all required documentation, in the same manner. iv) Contractors «-ill be responsible for ensuring and maintaining compatibibty with the Departments system. �) Code Compliance resen-es the right to accept or deny completed work orders that are submitted by am other means. b) PERIOD OF PERFORNL-�VCE i) The Contractor shall mow all assigned parcels of land within five (_) workine days of receipt of a u-ork order. ii) The Contractor shall submit completed u-ork orders with all required documentation to the Code Compliance Department u-ithin three (3) work days of abatement. :abatement is considered the date required on the propertt- identification sign. iii) The Contractor shall provide an action plan to catch up on delinquent work orders if: (1) The number of delinquent uvork orders exceeds 15% of the total number of work- orders assigned. (2) LIB"ork orders are over five (5) dat-s late. iv) The Contractor shall respond to all correspondence (letters, email, teat, etc.) «zthin 2 hours. �) The Contractor shall resolve all rejected work orders within three (3) working dat-s . i) Work orders that are not completed within the specified timeframe trill be considered in default. ii) Code Compliance Department may tale into account unforeseen circumstances. such as weather, etc. to determine if a work order is in default and rnav extend the default time frame at the Department's discretion. viii) In the event of default bt' the Contractor, the Citt- resen•es the right to procure the sen-ices from other sources and hold the defaulting Contractor responsible for ant• excess costs. c) USPECTION REQLMU lhriENTS Lawn Patrol Service Inc. i) Contractor shall inspect each parcel of land prior to its mowing to identify any special issues (rectors, animals, locked fences and «-arrant requirement, etc.). i.i) 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 Korb_ 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 fire (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) PHOTOGFAPHIC E%9DENCE i_ The Contractor shall_ (1) Take photographs of each parcel of land prior to commencement of work-, and immediately after completion of the work from the same location as the before picture. (2) Use a measuring device as described in section 4(j). (3) Position the measuring device in the photo to accurately show the overall height of the grassiweeds 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 moored. Non -Exclusive Contractor Services Agreement Lawn Patrol Service Inc. (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 shove the identification sign on the measuring device with the information as described in 4(j) See Definitions. (6) Additional photographs shall be takenwhen the property is over two (2) acres- The before and after photographs shall reflect all portions of the property mowed. e) MOVANG 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 fin-niture removed before ordering mowing service. If there are objects remaining, Contractors should call Code Compliance Officers to nd 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, Brass, weeds and uncultivated growth shall be cut to a height no more than four (4) inches and not less than 1% 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 (144) feet back from any improved adjoin property- v) Contractor shall not discharge grass, weeds or debris onto streets, sidewalks, ands or right of watts. 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 fiunished and erected by the Contractor whenever warranted- vii) Contractor shall moor or trim, at no additional charge to the City, all: Non -Exclusive Contractor Services Agreement Lawn Patrol Service Inc. (1) Right of ways (ROW), easements, and park-%vays 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 a-av (fire hydrants, signs, etc.). (3) Ditches, dirt mounds, and around vehicles and other obstacles. viii)V&en mowing a parcel of land identified by the City as being greater than forty- eight (48) inches in height, Contractor shall remote 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-inches will not be required, 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) IV, ork 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 having a history of multiple mows may have a %York order automatically- generated. It is the responsibility- of the Contractor to ensure that weeds, grass and uncultivated growth that exceed a height of ttv elve (12) inches and meet all terms and specifications of this :kgreement_ xu) 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 ,%vill 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_ 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) hiowing of incorrect parcels. (4) Moving of only' the right-of-way, easements, parkways, or alley %vays without n-ritten approval from a Code Compliance official. (5) Incomplete or inadequate mowing of assigned workorders. Non -Exclusive Contractor Services Agreement Lawn Patrol Service Inc. iii) Contractcces Appeal of Rejected Work Orders a. Contractor may appeal any reJecbed work to a Code Coampliance Official. (1) It is the Contractor's responsibility to submit any doumaentati,on necessary. in support of the appeal_ All final decisions and agreements ndll be In writing and prolklided to the Contractor_ Rejected work may be redone and new photographic a%•idence taken and submitted for evaluation at no additional expense to the City _ g} POr T OF CONTACT i) Contractor shall designate at least one (1) person as Point of Contact v6zth office phone or ceJl phone number for accessibility-. ii) Contracto's Post of Contact shall respond to calls or voice mails within one (1) hour diumg 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 m;aTitiing and emailed to the Code Compliance Contract Administrator. I-D OTHER PROVISIONS i) Contractor shall secure all permits and licenses imposed by laws and ordinance, pay all charges and fees, and gi�-e all notices necessary' and incidental to the due and la}%-ful protection of the wort- regarding the obstruction of streets and drivev%-ays, maintaining signals and open passageways, and protecting the same x%tiere exposed. ii) Contractor shal_ report any damage done to property owed by the City of Fort Worth or damage to pn';.ate personal property to the Code Compliance Deparbnent _ di3 iiu�trator via by phou7e or email within (2) hours after occurrence. iii) Contractor shall be responsible for prmiding� maintaining and transporting all necessary laborers- equipment, and fuel for its use iia connection With the prggram of mo -i.sE described herein. iv) Contractor shall train sub -contractors or employees to use the safest methods. and equipmeur# available in transporting, mo'AM& cutting acid cleaning operations. All of the Contractor's equipment ihU be maintained Mi safe operati.ag condition. ,vi) Contractor shall take preca»dons at all times for protection of person and property. Safety provisiaau of all applicable laves and ordinances shall be strictly observed - I) NON -PERFORMING CONTRACTOR(S) Non -Exclusive Contractor Services Agreement Lawn Patrol Service Inc. i. Contractor aclrnowledges that an Incident Report Form will be used to document issues of rim -performance related to this Agreement. Repeated issues of performance of the same type (failure to turn in moNT17111g tickets, refusal of work, c4c),Rill result in_ a) First Occurrence: 117hen a Contractor fails to perform according to die. Agreement andior specification, the Code Compliance Department Director or designee, na.11 document invsiting the issues to the Contractor and arrange a meeting to discuss the problem(s)_ Me resolution, as agreed upon V+ the Code Compliance Department and the Contractor, shall be dommaenteJd in writing and signed by both parties. A copy of the. resoudion will be forwarded to the Pu.rchasinE DMM_Oa b) Second Occurrence: If Contractor's performance remains unsatisfactory, the Code Compliance Department will notify the P'urd sing Dinision_ The Purchasing Di-n-sion will arrange a meeting to discuss the problem(s) with the Code Compliance Department, the Contractor, and Purchasing Di -Axiom s designee- The Purchasing Divisions designee Rill attempt to resoh,e the problem(s) at the Purchasing Division level- The P�ffchasing Division Designee, as agreed upon by the Code Compliance Department, the Contractor, and the Purchasing Division, will document the resolution m writing_ The "Cure Notice" letter vzll be. mailed testified to the Contractor_ Oace the Contractor has received the certified letter, it will be the C;ontractoes responsibility to sign the "Cure Notice" better and return it to the Purcl asing Diiasion in a timely manner_ Once Puchasing DIVI- ion receilbles the sided "Cure Notice', copies -,A-ill be forwarded to the Code Compliance Department. Once the Code Compliance Department receives the copies of the "Cure Notice" from Purchasing DlVdsion the department will begin issuing -work orders to the Contractor(s)_ c} Third Occurrence: If Contractor's performance remains unsatisfactory., the Purcha Manager and the Code Compliance Department Director will make a joint determination to cancel the Agreement per terms and conditions of ffie contract_ Purchasing A -ill proceed to obtain a substitute C-ntrachor in accordance with the Purchasing policy - Non -Exclusive Contractor Services Agreement Lawn Patrol Service Inc. IMAGE A PROPERTY IDENTIFICATION SIGN Date Mowed 24' TAD No Violation No. 7 2" Body 2" Diax Ht 12" 36" 2., Non -Exclusive Contractor Services Agreement Lawn Patrol Service Inc. EXHIBIT B PAYMENT SCHEDULE Line # Description Unit of Measure Unit Price #1-1 Work Orders less than 8500 EA $110.00 Sq. Ft. # 1-2 Work Orders equal to or EA $150.00 greater than 8500 Sq. Ft. # 1-3 Work Orders equal to or EA $180.00 greater than one acre, rate per acre Non -Exclusive Contractor Services Agreement Lawn Patrol Service Inc. EXHIBIT C FORM 4295 CERTIFICATE OF INTERESTED PARTIES Complete Nos. I - 4 and 6 d Mere are nterested parties Complete Nos i. 2. 3, 5. and 6 n Mere are no uneresled wov, 1 Name of business "Miry filing form, and the city, state and country of the buseress entNy's place of business. Lawn Patrol 5prvrce, Ire Foil Worth, Tx United States 2 Marne of governmental entity or state agency trust is a parry to the contract for which the form Is being filed. City Of Fon Worth FORM 12955 d1 OFFICE USE ONLY CERTIFICATION OF FILING Cerlilicab Flurnbef 2025-1253530 Date Filed Ot/O6)W25 Date Acknowledged 3 Provide the identification number used by the governmental entity or slate agency to track or identify the contract, and provide a desulption of it* siervi,ces. goods. or other property to be provided under the contract. 240292 Private Lot Mowing 4 Natury of Interest Name of interested Party City, State. Country (place of buss-) Ichlck aepl.csblel Controlling Intermediary a ., Chock only d ifMr! is NO Inlerestcd Pan)'. ❑ �6 UNSWOR14 DECLARAT �I ,O ,N //�' rL NyI�er•irn A14tlo.�., CL1"4 /� Cu. and m', atle or birth is kly address ts!Y 7 1 iDn t r+ .rc•,'A_ rl /lrl. CfOs✓� / � 7(t 0 3 & U 51-4 (distal? lcey) I>,Irlei fop code? lowneyl I declare under penalty of perjury that Mr lomwng is true and correct. - tp Executed in //i"�/'h.l,�- (:outcry, Slaw of / /t on Ile...(_dayof - 'f 20 uZS Irriorti) Iyean Signature of and prized spoilUl oorroacla ta6ness entrty, �''IDeesarNv) Forms provided by Texas Ethics Commission www.etfres state,tx,us Version V4 10.5dd2ace2 Non -Exclusive Contractor Services Agreement Lawn Patrol Service Inc. EXHIBIT D M&C 25-0154 CITY COUNCIL AGENDA Create New From This M&C DATE: 2/25/2025 REFERENCE NO.. CODE: G TYPE: **M&C 25- LOG NAME: 0154 PUBLIC CONSENT HEARING: Official site of the City of Fort Worth, Texas FORTN ORTII 13 PRFP 24-0292 PRIVATE LOT MOWING EC CC NO 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 frtal scores are listed in the table below: Proposer Evaluation Factors Total Rank a b c d Non -Exclusive Contractor Services Agreement Lawn Patrol Service Inc. i Carl's Impressive Lawncare, LLC LT.awn Patrol Service_ Tnc Presbyterian Night Shelter of Tarrant County, Inc. BEA-SON Tractor Mowina Emerald Green Property (Management II II II II II II � II24 III 12 III I ' ,12 III 40 II 88 II 1 1LL4 LA L- /J Ill h_49 A5.23 11 2 1 11 2+ 12I�1 1.25 �5.99 6�1.74 II 3 I 116.75[.75 L8.5d T.Pnn'c T.nndsWirp,,CPrvi(-.P * 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. 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 Non -Exclusive Contractor Services Agreement Lawn Patrol Service Inc. contracts. Prior to any expenditure being incurred, the Code Compliance Department has the responsibility to validate the availability of funds. BQN\\ TO Fund Department ID Account Project Program Activity Budget Reference # ID I I I Year I (Chartfield 2) FROM Fund I Department ID I Account Submitted for Citv Manaeer's Office bv: Ori2inatin-a Department Head: Additional Information Contact: ATTACHMENTS Project I Program I Activity I Budget ID Year Reginald Zeno (8517) Valerie Washington (6192) Reginald Zeno (8517) Brian Daugherty (6322) Brandy Hazel (8087) Eugene Chandler (2057) Reference # (Chartfield 2) Amount Amount Non -Exclusive Contractor Services Agreement Lawn Patrol Service Inc.